Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-08-06
j. s. IS ARRANGING
SEPARATE TREATY
WITH HUN NATION
BY DAVID LAWRENCE
Oeased Wire Service to The Journal. J
(C0DUrioht 1901

! ed States government is making a
I, separate treaty with Germany. The
treaty of Versailles will not be sub
mitted to the senate with or with
out reservations The new pact with
Germany will be a peace treaty only
in the sense that it will formally end
the state of war between the Unit
i ed States and Germany, but it real
ly will amount to a treaty of amity
and commerce.
i Germany has not been asked to re-
i affirm the treaty of Versailles of to
grant again to the United States specif-
i ically, all the rights which she gave
l America under the Versailles treaty.
i The United States hasn't asked the
allied powers to sign a new treaty.
i All the foregoing statements rep
i resent developments in the most
complex legal controversy that ever
has faced our government and if they
seem to contradict expectations of the
past they must be taken as the lat
est turn in a negotiation which has
required our officials to turn from
end to the state of war between Ger
many anu the United States.
U. S. AbanGons No Rights
Briefly the United States does not
abandon the rights given her under
the treaty of Versailles. She still
claims them but not by virtue of an
American presidents signature at
Paris but because of Americas sig
nature to the terms of the armistice
which symbol1zes Americas partici-
patton in the war. The United States
government doesn't ask Germany to
reaffirm anything and doesn't ask the
allies to concede anything. The pro-
gram of the Harding administration
is based upon the broad assumption
that when Germany bestowed all her
rights and properties upon her con-
querors she made an "indivisa BILE
grant" That grant was made to the
principal allied and associated pow
ers.' The United States was one of
the associated powers"
America constructs that act as ir-
lrevocable and final no matter wheth-
err the treaty of Versailles was rati-
fled or not. Since the United States
has decided to stand on that ground,
1t isn't necessary to ask the allies
to agree to the principle.
| Secretary Hughes enunciated the
doctrine early in the Harding ad-
ministration when he insisted in a
formal note to all the powers that
of any treaty but out of her partici-
patton in the war. He stated this
principle in the Yep case and virtual
ly all the powers have acquiesced in
that position though it is true their
acquiscence is not specifically di-
rected and may yet be the basis for
varying interpretations.
Allies Notified
The United States has notified
the allies of the kind of a treaty
she is negotiating with Germany.
That's the courteous thing to do and
doesn't imply that America wants
the permission of the allies. 1t
simply means that America is not
attempting to take herself out of
the allied group simply because she
finds it necessary to make spe-
clal peace treaty with Germany at
a belated date.
AS for the allies, however, the big
question remains as to whether they
have or, have not accepted the doc
tr1ne of prior rights of victorious
| iStice.
A certain communication sent the
council of the League of Natio s
not long ago gives a cue to the at
was asked to consider the question
OF mandates, particularly the zap
mandate. The council decided that
lnasmuch as the ALLEGATION of man
dates. took place before the league
was born, it behooves the principal
| associated tn
tie the dispute first. This is taken
here to mean that the League CT
Nations as the body which inter-
p pfeds+ the versailles treaty, has, in
diction over matters. occurring pri-
| or to the first meeting of the league,
and will look to the principal al
4led and associated powers for de-
c1slons on those points.
| This explains, to some ell tent, why
president Harding ordered Ambos-
| sador Harvey to represent the Unit
ed States on the supreme council,
Whlch IS composed exactly of the
principal allied and associated pow
ers.. In the supreme council hence
| forth will America raise all cues
lions which may relate to man
dates or rights which other powers
Mego ahddo the At Versailles pact
Instead of treaty with Germany,
formally lodging all these rights in
| the United States, the government
mere merits prefers e1rgsa, to consider that the
principal allied and associated pow
ers and that nothing more need to
be done about that until specific
GGlspute arises, when the United
States will adopt the same attitude
she has taken in the zap mandate
case. Acquiescence in the position
| taken by the United States on the
Yap mandate has been informally
and Italy. After the zap contro-
1versy is cleared up. it is no. Tn
likely that Japan will acquiesce in
the broad principle that America IS
to- all questions in the world re-
lating in any way to the grants of
authority or power made by Ger
many to the group known as the
principal allied and associated pow
ers.
Other nations may not Immediately
agree to Americas position, but the
United States is going ahead on the
assumption that they do and has
given the allied powers an oppor-
wish. America didn't exactly ask
the other powers their views, but
stated plainly the course that was
to be pursued and of course, if for
eign governments do not object, di-
plomacy considers that silence gives
consent.
1t is precisely that delicate stage
which the negotiations have reached
Do the allies feel that America as
participant in the war is entitled
to the same rights under the arm
istice as America would have had
under the treaty that followed the
armistice?
America has made it clear that
she doesn't intend to intervene in
European disputes or assert her in
fluence in matters Inat are accom- |
llished facts as between other pow
Ers, but she does insist that Amer |
lea never shall be considered as hav-
ing lost any rights growing out of |