, 1921-07-10
OFFICIAL PEACE WITH GERMANY.

Inc 1QlnL TeSOluIluu Va bN NSAbA
bv the p-esiuent, mas put into effect the declaration
of the existence Of peace between the United states
and the governments of Germany and Austria-huh-
gary. .
The long and bitter contest between the senate Of
the United States and former President Wilson with
reference to the adoption o. the Versailles treaty IN
the negotiation OF wnIcn ne was a prominent factor, Is
ended and passed into history. During the interim
much history has been made. The versailles treaty
has been repudiated, the president who helped frame
it has suffered a like fate, the people have risen IN
their majesty and swept into power the opposition
party by a preference, the like of which has never
been known in the history of the republic AT the
,sme time the action of the people carried with 1t ap-
troval of the senate's action and authorization to the
new administration to proceed with the policy it is
now accomplishing.
The formal act by the congress is the first step, in
the program. 1t sets in motion many new conditions
and influences. Numerous of them are present in
bold relief, others viii arise with the passage of time
and the shaping of events.
Among other things the peace declaration accom-,
plishes is the automatic suspension of the war pow
ers of the president, some twenty in number, includ-
ing the drastic laws empowering the mobilization of
industries, transportation systems and the entire re-
sources of the nation.
Diplomatic relations, will be resumed and the presi-
dent will set about the negotiation of the terms of a
treaty establishing future relations in all respects with
our late enemies.
There are two courses open to the president in ne
gotiating the treaty. One of these would be the ne
gotiation of a new treaty with Germany, which would
protect American interests and mark the formal re-
storation of peace time relationship. The other would
be the resubmission of the Versailles treaty, with the
understanding that the senate should, by amend
ments and reservations, reject the portions to which
there is objection, including particularly the League
of Nations covenant.
When the president and the secretary of state get
the treaty making machinery into operation they will
face the most intricate problems this government has
yet faced in its history. Woven into the interna-
tional situation are two old treaties which may be
found to be still effective. One of these was ratified
June II, 1899, and the other May 1, 1928.
Probably the first question to be taken up in con-
neetion with these old treaties, is what effect did the
confederation of German states ard the establishment
of the empire have upon them?
Under the terms of Article 81, of the treaty of
amity and commerce concluded on July IL, 1899, be-
tween the United States and Prussia, the convention
was to remain in force only during the term of ten
years from the exchange of notifications"
= Notifications were exchanged at Berlin on June %,
1880, and on June %, 1910, its brief period of opera
ton was automatically terminated. On May /, 1928,
cat Washington, Ludwig Niederstetter, the Prussian
charge d~'affaires, and Henry Clay, the American sec.
rotary OF state signed a treaty of commerce and navi-
CATION. According to Article Is of this treaty the
convention was to continue in force for twelve years,
counting from the day of the exchange of the rati6-
cations; and if twelve months before the expiration
OF that period neither of the high contracting parties
shall have announced, by an official notification to the
other, its intention to arrest the operation of said
treaty, 1t shall remain binding for one year beyond
that time, and so on until the expiration of the twelve
months which will follow a similar notification. what
ever the time at which it may take place"
Therefore, unless the treaty was specifically de-
-N@ - SNN VI Nut HSn contracting DartleS II
should continue indefinitely in operation.
Inc introduction into the treaty of 1928 of this
principle of announcement by notice" makes idle
the position that the treaty could in time be voided
by obsolescence, the stated purpose of such a pro.
vision being expressly to furnish a way out Of the
inconvenience growing out of changed circumstances
an excellent example of which is the denunciation of
the Russian treaty of 1882.
In the discussion that grew out of the sinking of
NE Lusitania F~leischman defended the action of the
serman commander ard maintained that IT, -.stv
OF 1873 was obsolete, and no longer bindir Nv
ever a review of the repeated declaration, ~
the United States and Germany would seem Al.
cate that up to the outbreak of the European war
both governments held it still operative.
Moreover, the fact that since the conclusion of
the treaty one of the contracting states had under
gone fundamental political changes was not consid.
cred to have invalidated the treaty.
me attitude Of the United States government was
similar TO that of Prussia. Apparently it held. that.
II a state, after incor-oration into another, wbiie
G :.a+ - lh'erhationH -onality still retains a ter.
- IuFhtty w power of action over the
Ma'ter OF concluded, the other con-
80 LII p~Iys my Eably insist upon e recogni.
AK ne" OF aeglTt7g state Of the continuing