New-York tribune., 1920-01-28
Article X

Article x being in the headlines
again and Senator Hitchcock having
apparently resumed his old bust
ness Of trying to confuse tho public,
it seems worth while to examine
once more the question Of what ad-
dition to Article X will be made if
the Ledge Lenroot reservation there
to is adopted.
Article x Is as follows:
"The members Of the league under
take to respect and preserve as
against external aggression the terri
torial integrity and existing political
independence Of all members of the
league. In case of any such aggres-
sion OK in case of any threat or dan
ger Of such aggression the council
shall advise upon the means by which
this obligation shall be fulfilled"
The Lodge-Lenroot reservation Is
as followsi
"The United States assumes no
obligation to preserve the territorial
integrity or political independence of
any other country or to interfere
in controversies between nations
whether members Of the league or
not-under the provisions of Article
x, or to employ the military and
a.
under any article of the treaty for
any purpose unless in any particular
case tho Congress, which, under the
Constitution, has the sole power to
declare war or authorize the employ
ment Of the military and naval forces
Of the United States, shall by act or
Joint resolution so provide"
The defect of Article X, so far as
the United States is concerned, is
that it ignores the peculiarities of
our Constitution. The United States
may assume in any particular case
an obligation to other nations, but
the manner of the recognition of the
obligation must be Constitutional
all the departments of the govern
ment to which is confided power over
foreign relations must agree. For
eign countries only know our govern
ment as an entity through the execu-
tive department, but at home we
1-oox1, - nc oro &c I;c%,-;h,+oJ ,>o,,-ox-
The reservation gives notice to the
world Of this domestic fact, and in
effect warns them that they are not
20 assume that President can alone
bind this country to action
Preserving the territorial integrity
of country against external aggres-
sion presumes the use of armed force.
But the right to declare war and au-
thorlze the use of the military forces
Of the United States rests with Con-
sress alone and cannot be taken
away from 1t. A general pledge for
the United States, such as is con-
tanned in Article X, cannot therefore
bs given without deranging our con-
stitutional balances. Congress would
surrender what it isn't competent to
surrender.
No obligation to act under Article
can be brought into force by the
mere fact Of our membership in the
league. None can be brought int
force by the mere concurrence of ou7
representative in the league counci
in decision that status Of aggres
sion exists. None can be created b,
the action of the President alone
Unless Congress authorizes the us
of armed forces to save an imperillet
member of the league, our arme
forces cannot be used. SO the reser
vation hinges on the word "unless.' y
The limitations are inherent in ou
constitutional system. Not havin,
oeen set forth in the text of Articl,
X. they must be set forth clearly il
q reservation.
The rest Of the world understand,
our situation imperfectly. Othey
members OF the council might b,
astonished If, when a case for actor
arose, our representative shoult
say: II am not empowered TO stat,
whether our obligation holds in thi.
case or not. must first consul
Congress, for in my country it de
cides peace or war" Or If he shoulc
say: II will vote with you, so tha
the other members of the league ma,
act But my action may be repudi
ated by the President or nulIified b,
The action or inacton Of Congress.
Yet he would have 10 say these
things IL he wanted To tell his asso
eiates the truth.
The Senate reservation IA. there
fore, necessary. The limitations i
imposes arc unavoidable. Herein I,