Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1920-10-22
Lawyers View OF The League OF
Nations.

Lawyers View OF The League OF
Nations.
At the request of the Democratic State
Central Committee the undersigned men,
bers Of the Bar Of the Circuit Court for
Montgomery county, after careful study
Of the Covenant Of the League Of Nations,
state that, in our opinion as lawyers. the
said Covenant does not create a super
State, nor does it sacrifice or impair the
sovereignty or independence Of any nation
becoming member of the League, but
that the Covenant creates only an asso-
citation of free. independent and sovereign
nations, pledged to confer and act with
each other. through their accredited repre-
sentatives. upon the means to prevent
friction among nations. Tin order to pro-
mote international cooperation. and to
achieve international peace and security"
That the criticism Of the Covenant to tie
effect that the representative Of the United
States could be out-voted by the represen-
tatiyes of any other country or countries,
and particularly Great Britain, through the
votes Of her dominions or dependencies
which are members Of the League. is with
out foundation.
First, Because all actions of the Council
Of the League. which is the real governing
body thereof, must be unanimous. and the
United States is to be permanently repre-
sented on that Council. Even in cases of
reference on disputed matters to the AS
sembly, which is the other representative
body of the League, action can be taken
only by the unanimous vote of the nations
represented on the Council, and a majority
of all other member nations. Therefore, no
action can be taken by either body pro-
vided for in the Covenant. without the
assent of the representative Of the United
States.
That criticism is not well founded.
Secondly. Because the United States can
not be bound by any action Of the League
of Nations. with or without the assent of
the representatives therein Of the United
States, which might involve us in war,
unless such action we're sanctioned by the
Congress of the United States, which alone
has the power, under our Constitution, to
declare war. and the Constitution is the
supreme law Of the land and cannot be
altered or over-ridden by any international
understanding or obligation or by any
other thing whatsoever. except an amend
ment regularly adopted.
The principal attacks upon the Covenant
of the League Of Nations have been di-
rected at Article x thereof. That this
Article may be clearly understood. it is
herewith quoted:
1.-THE members OF the League undertake
to respect and preserve as against exter-
nal aggression the territorial integrity and
existing political independence of all Mem.
bers of the League. In case of such az
gression. or in case Of any threat or danger
OF such aggression, the Council shall ad-
wise upon the means by which this obliga-
ton shall be fulfilled"
Revolution and other internal disorders
are excluded by the words external az.
gression." In our judgment. this Article
commits this nation to an undertaking nc
different in principle. except in so far as
it embraces all nations of the world. than
that assumed by us In the adoption of the
Monroe Doctrine, which has become our
dearest international principle. the eff
cacy of which has been demonstrated BY
nearly one hundred years Of experience
and which has not cost us drop of blooC
or a dollar in money.
the Covenant, this Article can involve US
in war only with the assent Of our repre-
sentatives on the League Council. and
action of the Congress Of the United States
which alone has the power to declare war
and to authorize the appropriations Of
money to prosecute war.
We desire to state that this opinion
while solicited by the Democratic State
Central Committee, is not published pri-
marily for partisan purposes, but is our
deliberate judgment based upon the study
Of great International legal document
which is the only concrete and specific
plan before the world to-day for the pre-
vention of the recurrence Of such horrible
catastrophes as the late world war. anC
we consider it unfortunate that this great
issue has been beclouded by partisan con
sderations.
Signed
Charles w. Prettyman. II. Maurice Tat
bolt, Robert B. Peter. William H, Talbot
John A. Garrett, Clifford H. Robertson
Frank Higgins, Albert NJ Bouic, VIM F
Prettyman. Ohio H. W. Talbot. Bowie F
Waters, Blair Lee, Robert Peter. Jr.. Rober
E. L. Smith. George II. Lamar. Emory H
Bogley, Geo. W. 0ffutt, Jr.
/ .