The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-18

legation could not be fulilled unless
Cor yress supplied the army and navy
N the Constitution requires. or course.
We can always disgrace ourselves by
breaking an obligation, but that, as l
have already said, Is q means OF es-
cape never to be considered. If the
obligation has been incurred and ac-
cepted Congress- would be bound. unless
they were going to break faith and
shatter the treaty. to send an army and
navy In fulflment of their solemn OBJ
legation to do so in the first sentence OF
Article X. There would be no escape
from the obligation to have our soldiers
and sailors sent abroad to take part in
foreign wars ut the dictates OF foreign
Powers. / have no more doubt or the
absolute soundncss OF this PROPOSE
ton than I have that l am standing
here tonight, and that is the view Of
the greatest lawyers in the country.
Quotes Hughes and Root.
IN a speech OF remarkable power
made on September IS by Gov. Hughes.
who has been a Justice OF the Supreme
Court of the United States and is in the
foremost rank OF lawyers in this coun-
try. he takes precisely the exact posi-
ton which / have stated to YOU. Mr..
Root, one OF the leaders at the American
bar and undoubtedly our most eminent
international lawyer, has said. referring
to Article X:
"If that stipulation means anything
and is not mere sham and false pre-
tence. 1t will If ratined, bind the United
States when occasion arises to defend
every member Of the league by armed
force against external aggression. 1t
will bind the United States to do that,
no matter what our people at the time
think about the right and wrong OF the
controversy or about the wisdom or folly
of entering upon it. It will require
the United States to fight on occasion
for all these dispositions of territory
made by the Supreme Council in Paris
under the influence OF secret treaties
and bitter animosities and political ex-
pediences dispositions OF territory,
many of which are doubtful and some
Of which are clearly wrong
ITO that admirable statement I can
add nothing, but wish in this connection
TO quote what Gov. Hughes Gays In re-
gard to another defence attempted for
Article x:
There are those who say they see
Inconsistency between the objection to
Article X. and the willingness to abide
by or enforce the injunction OF an In
ternational court upon justiciable ques-
lions. But these questions are ques-
lions of right according to law, and the
acceptance Of decisions OF courts Is
merely the recognition Of the rule OF
law. When we leave jueticiable ques-
tions we enter the realm of political
expediency. The covenant itself recog-
nizes the right to make war, and 1t Is
conceded by the most earnest supporters
OF tho covenant that the guarantee OF
Article x. may be invoked against q
Power which has performed oil its OBJ
legations and has entered upon a war
.Iegaw under the terms Of the covenant
Although the war be waged to rectify
a previous wrong, yet the guarantee OF
Article X. may apply
'"ro sum up In a few words. Article x.
imposes an immediate obligation on the
United States TO use her armies and
navies whenever the political indepen-
dence or territorial integrity Of mem
Der Of the league is subjected to external
aggression; that is. is invaded by an
other Power. no matter how 1ustifable
the act of the invading Power may be.
1t amounts to saying that we must de-
fend with our military forces. without
any opportunity for judgment on our
own part, the political independence
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