Every evening, Wilmington daily commercial., 1920-01-12
PACT REpUDIATED
Continued from Page !

Continued from page
OF the United States, shall by act or Joint
resolution so provide.
SEES REPUTATION BY SENATE
Article X is an important and sub
stantivc part of the treaty, and be-
lieye that by this reservation It IS alb
solutely repudiafed and rejected by the
Senate. II accordp with n somewhat
widespread popular opinion, that the
treaty making power is limited by the
distribution made by the Constitution
of the powers Of the government into
different departments. This, of course
is a mistaken view The treaty-making
power lis lodged exclusively IN the
President and the Senate lie shall
have power, by and with the advice and
consent of the Senate, to make treatifs
provided two thirds of the Senators pres
ent concur"
The power thus conferred IS plenary,
and, except ia respects that need not
now be referred to, IS without limi-
tation No other department ol the
government is called upon TO participate,
or can participate, IN the making
! oi treaty When made, It is a con.
tract between the sovereign entity OF
the IniIcG ENtaNCS Oh 4tHiCiiN<t hAI' N'sN
other high contracting party. IL be
comes "A part of the supreme law OF
the land, and its obligations are bind
! ing alike upon every department OF the
government and upon the people. by
it the good faith of the United States
il pledged to the other contra ctlng
party or parties, and that good faith IS
IN the keeping Of any department OF
the government whose functions arc
appropriate to that end Ii any OF IT'S
obligations require the action OF the
legislative department. then that de-
partment must respond, not on ITS own
behalf. but. on behalf of the sovereignty
Of the United States.
The treaty making power Is SOW
crcign and national power y IS an
attribute and a badge Of nationality IL
presents the national feature OF our fed
eral government 10 the nations Of the
world. who do not take, and are not
called upon to take, into account the dit-
fcrcnt DEPARTMENTS to which arr dis
tributcd the powers Of government under
our Constitution As have said, IT IS the
sovereign and national entity Of the
United States which enters into con-
tracttlai relations with other nations,
through the medium Of the treaty max
ing power The obligations imposed ny
the treaty are the obligations 0i tho
United States no matter bv What depart
mcnt or governmental agency the obll-
CATION IL 10 bc fulfilled The important
character and extent OF tho legislative
power lodged III Congress by the C0nsti-
tuition do not make il or the House Of
Representatives a participant N the
treaty making power or otherwise affect
its relations 10 that power except So far
"a -. f,,lfIH fkn rhttul-
tions which the sovereignty Of the United
states has imposed upon itself by treaty
PLFNARY CH HARACrFR SHOWN.
II W admit. as we must, the plenarv
character Of this power, and that It
covers almost tho whole range OF inter-
ests and matters that may become the
subjects Of treaty negotiations between
nations then the promises made under
it and the Obligations imposed by il must
I've fulfilled by tho appropriate depart
nents or agencIcs Of the government;
Or they cannot ke fulfilled AZ all 4
treaty obligation that requires legisla-
tive action for Its fulfllmcnt imposes
the duty Of that ful6llment in the leQs-
lativc department of the government
and the good faith Of the United States
pledged III treaty can only be kept
inviolate bv that department Of the gov
T
crnmcnt whose functions are appropriate
for that purpose II is true, the Con
gross ar the United States has the power
~ refuse 10 respond TO such obligations
and its records are full Of instances in
which protest is made against the rrar-
cise Of the treaty making power, IN such
wise as to impose legislative duty upon
that body They have frequently, IN par
hamentarv discussion claimed the right
TO Judge Of the expcdicncy Of responding
10 TIE demand for an appro1ria-
ton n.adc by treaty, hut there arc
believe, no instances IN which the ohliga-
ton has been sQuarely repudiated or In
which the Congress has failed 70 rccog-
ME the obligation ny its final action
There has icen some confusion. ]
think. IN the public mind in distinguish
lng between power and duty. Unques-
tionably the Congress has the power.
either with or without justification, 20
Terudiate the obligations Of a treaty
which il Is called upon to fulfill, or it
Nay abrogate the treaty by repeating
il. as : part OF the Law of III, land But
in either case, q violation OF the treaty by
the United States IS involved. a violation
which may or may not afford just cause
for var, there being no other sanction III
that can te so called 10 . treaty but
moral one.
MAY BE UNFORTTSATE PRECEDENT.
II. this vieys. the conclusion i unavoid-
ablr that the second reservation, which
distinctly saws that the United States
assumes no obligation % preserve the
territorial integrity or political inde-
Iendence OF any other country, etc,
ss~--------.