The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1921-02-03
BY DAVID LAWRENCE.
Especial Despatch to The Reformer)
Copyright 1921.

Copyright 1921.
WASHINGTON, Feb 3.-Opponents
of the treaty of Versailles may not be
happy over the prospect, but the conclu~
sion is being forced upon many of them
that Europe has just executed maneuvre
that may make impossible a separate peace
between Germany and the United States
and compel the ratification of the treaty
of Versailles by President Harding and
the Republican senate.
This does not mean that Mr.. Harding
will have to swallow the league OF nations.
but it does mean that from the viewpoint
of international law and treaty proceed
ingS the next administration would De IN
q far more advantageous position IL 1t
ratified the treaty of Versailles, with res
PYvations eliminating the league of nations
if it so desires, than 1t would be by at
tempting new treaty altogether.
The reparationS question as it has de
vcOped in the last 10 days Is the Immedl-
ate cause of the change in the situation
so far as it affects the United States.
Heretofore all plans about Scrapplng the
treaty of Versailles league and all, were
received by the European countries with
out formal comment or action Now, how
ever, without waiting for the United
States to ratify the treaty, Europe has
proposed a reparatiOn settlement IN the
making OF Whlch the Chteu SJdIeS looh
10 part.
technically, indeed, Germany, would
have a legal right to refuse to accept the
allied proposal on the ground that 1t did
not conform to the provisions of the
peace treaty itself, which vested the con-
troll of the entire subject of PREPARATIONS
il a commission in which the United
States was specifically given representa-
tom Germany knows full we'll that II
the tnitCd States had a representative
on the TCparatiOnS commission the pro-
l,>al pf iifty-six billion dollars of in
tl,-u''ity would never have been sanctioned
"nl would not be if it were ever laid be
fore the United States government either
under democratic or a Republican adj
ministration.
Moreover. the United States would
have something to say about the II per
cent export tax which many tariff experts
believe would operate against the interest
of the trade of the United States How
ever. the allies have taken the Initiative
and the question has arisen whether 1t
would not be proper for the department
of state to file diplomatic note taking
exception to the allied proposal and paw
ing the way for future safeguarding of
American rights in case the Republican
administration wishes to raise this issue.
Should the United States make no pro-
test, the allies will consider that this gov
eminent has consented, since IN diplomacy
silence gives consent. In that event, the
American government will be in the posi-
ton of seeking redress only from the
allies in case the discrimination in trade
operates in serious disadvantage to the
United States.
Originally it was believed by many of
the opponents of the treaty of Versailles
that simple declaration of peace by &C
ton of congress could contain a statement
announcing that the United States in
formally entering into a state of peace
4
tages which might accrue under the
treaty of Versailles This was later
eliminated on the ground that no an
nouncement from congress was necessarily
binding either on Germany or the allied
SignatOrieS of the peace treaty and that
such a declaration could only have bind
ing effect if negotiated by the executive
branch of the government, with other gov
crnmentS in the regular constitutional
way. However, the Wilson administra-
ton. which signed the Versailles treaty.
thought it unnecessary to make such a
statement to the other powers since the
signature of President Wilson still re-
manned on the peace treaty, and 80 far as
the executive branch of our government
was concerned, it had preserved intact all
the rights according to the United States
under the treaty of Versailles.
There are many who believe. however,
that our government should file legal
exception to the reparatiOn settlement.
/ he question now arises how the good ana
the bad in the treaty shall be separated
and how in ratifying the treaty the Hard
ing administration shall not be compelled
to assume obligations which it does not
want to assume The only legal course
left is for the treaty to be ratified with a
series of reservations rather similar to
those proposed by Senator Lodge or a set
of reservations even more comprehensive
and cmbOdying the views of Mr. Harding
toward the league of nations sections of
the treaty. Then it will become a ques-
ton of whether the allies will accept the
American reservations whereupon the
whole subject will be open to negotiations
But, on the other hand, there win be dis
cussiOn only of those parts of the treaty
to which the United States takes excep-
ton. All the other parts of the pact.
which give America voice in the regua-
ton of Germanys trade. will in those
circumstances be outside of the negotia-
tiOns and the United States will stand on
the same footing as the allies.