The Washington herald., 1921-11-11
Treaty, or Unfinished Business.

w to the New York Herald it is when it is
"a voluntary agreement" 1t quotes from
John Hay, who, when Secretary of State, said:
We are not forming alliance with anyone .
We are simply trying to get both of the eombatants
-Russia and Japan-to agree not to drag China
into anarchy"
Whereupon New York contemporary, bas-
ing its statement upon these words and other,
says: The distinction here clearly drawn be-
tween voluntary agreement of international
operation, morally binding on both parties but en-
bodied in no formal treaty, and, the other hand,
an sntangling alliance fraught with the potency if
not the promise of Unforeseen responsibilities and
complications, is of considerable present interest
In the reported language Of the mayor of New
York that is "a mouthful." 1t is the sort of
mouthful of messed up thinking which is making it
difficult to get a right view Of the Washington
conference. Under the Constitution, the executive
power is vested in the President and he has au-
thority to make treaties to be approved by the
Senate before being effective.
He has no authority whatever to enter into
voluntary agreements of international co-opera-
tion" which shall be morally binding without Sen
ate approval President Wilson entered into such
agreement, when he signed the covenant of the
league of nations. He. did it again in the Ishii-
Lansing agreement. As fact our form of govern
nent does not recognize any such authority as
vested in the President and, when exercised, it is
more morally than it is legally binding.
There is just one way, and only one, for the
Washington conference to get anywhere, part
way to anywhere without a treaty. This is by
leaving its agreements unfinished business and
adjourning to future date for their further con-
sideration 1t can reach no definite conclusions, no
specific decisions which will be binding so far as
the United States is concerned, unless in treaty
form. 1t can only agree to try out some plan, ten
tatiyely adopted 1t can merely reach the expert
mental stage as in a process and wait for demon
stration.
By this method the American people may some
day learn that if they would get, they must give;
that agreements are two-sided responsible
ties and obligations and this country cannot expect
other governments to bind themselves to do or not
to do certain things in which have interest,
while this government is free to do as it may
please So far as the United States is concerned
there is no such thing voluntary agreement
outside treaty, and President Harding, recognz-
ing this, has already stated that any agreement or
conclusion reached by the conference will be
to the Senate.
We ask other nations to surrender factor of
their national sovereignty" that wonderful some
thing which as to ourIelves we decline to even
scratch We ask them in determining their arma-
ments for war to Subordinate their national
eighty to a super governmental scheme" set up by
nine governments instead of forty-two But we re-
fuse to bind ourselves to the same extent in the
only way we can be bound Until get over this
national attack of the ricketts, to foreign rela-
tons we must be satisfied to accomplish nothing
more than motion to adjourn on report Of
progress.