Evening star., 1921-08-04
AMERICA T0|GNORE
VERSAILLES PACT
IN GERMAN TREATY
Negotiations Are Now Under
Way to Make Separate
Peace.
RIGHT OF FREE ACTION
TO BE ASSERTED BY u. S.
Allies Informed of This Country's
Intention-Not Asked to
Become Parties.
BY DAVID LAWRENCE

Become Parties.
BY DAVID LAWRENCE.
The United States government Is
making a separate treaty with Ger
many.
The treaty of Versailles will not be
submitted to the Senate, with or WITH
out reservations.
q peace treaty only in the sense ina
it will formally end the state OF wal
between the United States and Ger
many, but 1t will really amount TO
treaty of amity and commerce;
Germany has not been asked to re-
affirm the treaty of Versailles or to
grant again to- the United States spe.
cifically all the rights which she gave
America under the Versailles treaty;
The United States hasn't asked the
allied powers to sign ents new @ rem.
resent developments in the most com
plex legal controversy that mas ever
faced our government. ana II thes
seem to contradict expectations oi
the past they must be taken as tne
reouired our officials to turn from
one expedient to another to put an
end to the state of war between Ger
many and the United States.
L. 8. Rights Not Abandoned.
Briefly, the United States dsesn'
abandon the rights given her onosi
tbe treaty of Versailles. She stfi
claims them. but not by virtue OF AT
American Presidents signature al
paris but because of Americas sig
nature to the terms of the armistice
which symbolizes Americas parucl-
patton in the war. The United states
government doesn't ask Germany to
Teaffirm anything and doesn't ask the
allies to concede anything.
The program of the Harding admin
istration is based upon the broad as
sumption that when Germany oa-
slowed all her rights and properties
upon her conauerors she made al an
made to the principal allied and as
sociated powers" The United States
was of "the associated powers.
America construes that act as ir'
reyocable and final. no matter Wnetn
er the treaty of Fersaiiles was TALL
fed or not. Since the United Stafes
has decided to stand on that ground
it isn't necessity to 1skFthe allies %
agree to the principle. Secretary
Hughes enunciated the doctrine carry
in the Harding administration wnen
he insisted in a formal note TO a..
rights not out of any treaty. put 1g. %
of her participation in the war. ne
stated this principle in the Yap case.
and virtually all the powers nave
acquiesced in that position, though ~
is true their acQuiescence Is not spe-
cifically directed and may yet be the
basis for varying interpretations.
Allies Notified.
The United States has notified the
allies of the kind Of treaty sne
is negotiating with Germany: That
the courteous thing to do ana ooesn
imply that America wants the per-
mission of the allies. 1t simply means
herself out of the allied group simply
because she finds it necessary to make
special peace treaty with Germany
at be1ated date.
AS for the allies. however, the big
question remains as to whether they
of prior rights of victorious possession
growing out of the armistice. A GER
lain communication sent by the coun-
Gil of the league of nations not long
ago gives cue to the attitude OF the
powers
TIE council was asked to consider
the question of mandates, particular
ly tie Yap mandate. The council de-
cided that inasmuch as the ALLEGATION
of mandates took place before the
league was born. it behooves the
principal allied and associated pow
ers to settle the dispute first.
This is taken here to mean that
the league of nations. as the body
which interprets the Versailles treaty.
has in effect said that it will not
claim jurisdiction over matters oc-
curing prior to the first meeting OF
the league and will look to the prin-
cipal allied and associated powers
explains to some extent why Presi
dent Harding ordered Ambassador
Harvey to represent the United States
on the supreme council. which is com
posed exactly of the principal allied
and associated powers.
Question Of Mandates.
In the supreme council hencefortt
will America raise all questions which
may relate to mandates or rights
which other powers claim under the
Versailles pact. Instead of a treaty
with Germany formally lodging al
these, rights in the United States. the
government here prefers to consider
that the rights already are vested fr
the principal allied and associated
powers and that nothing more need te
be done about that until a specific
dispute arises. when the United Sta IS
will adopt the same attitude she ha.
taken in the zap mandate case.
Acquiescence in the position taker
by the United States on the Yap man
udtc ocCh luulSdtSu W
Great Britain France and Italy. Aftel
the zap controversy is cleared up II
is mot unlikely that Japan will ac-
quiesce in the broad principle thai
America is entitled to be consulted IN
regard to all questions in the worlC
relating in any way to the grants Of
authority or power made by Germany
to the group known as the principa
allied and associated powers.
Nations NAV Not Agree.
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.
tunity to protest or object If they
wish America didn't exactly ask tht
other powers their views, but stated
plainly the course that was to 'b<
pursued. and. of course. If foreign
governments do not object diplomacy
considers ,that silence gives consent
which the negotiations have reached. Dt
,1he allies feel that America as a par.
ticipant On the war Is entitled to the
same rights under the armistice al
America would have had under tht
treaty that followed the armistice'
America has made it clear that she
doesn't intend to intervene in European
disputes or to assert her influence iI
matters that are accomplished facts al
between the other powers, but she does
insist that America shall never be con.
sidered as having lost any rights grow.
ing out of the European war when thos<
rights in any way affect the interests oi
the United States.