Evening star., 1937-10-10
Consultation Sole Obligation
Of g. POver Pact Signatories
Treaty Vas Agreed to in Spirit of De-
pendence on Good Faith of Govern
mentS in Observing Aims.

Dutch minister OF foreign AFFAIRS, put
the question bluntly at an early stage
Of the proceedings: What would be
the position of each of the powers
should China's sovereignty or admin
istrative integrity be threatened by
some power in the future?'
Question Dropped.
The question was parried. and no
further discussion of it appears either
on the minutes of the committee which
drew up the pact or in the speeches
Of the delegates in plenary session.
Nevertheless, the answer had already
been given when Van Karnebeek asked
his question. In presenting the draft
OF article l, Elihu Root. one Of the
principal American delegates, made
the explicit statement that it was
really q declaration Of the rule by
which each signatory power would be
guided in its individual conduct that
it did not import Affirmative action;
that it did not import interference by
one country with another; that it did
not import what each one of the
countries wound do
The spirit that animated the treaty.
makers became even clearer in a re-
mark OF Charles Evans Hughes. prime
mover Of the conference, Secretary OF
State and head of the American dele
CATION. Regarding a proposal to set
up Board OF Reference to investigate
infringements Of the open door policy
set forth In clauses 3 and of article l,
Mr.. Hughes said: There was nothing
coercive about it. It would have been
futile to consider any sort of coercive
arrangement. This, like everything
else. ultimately depended on the good
faith OF governments in applying the
principals which they professed."
Spirit Of Ratification Clear.
1t was in this spirit, as far as can
be judged from official records, that
the nine-power pact was signed. But
there can be even less doubt as to the
spirit and understanding whereby the
treaty was ratifled-unanimous
the United States Senate.
The treaty was reported out of the
Foreign Relations Committee Of the
Senate by Henry Cabot Lodge. who
had served as 4 delegate 1t was de-
tended on the floor by Oscar w. I'm
derwood, another delegate. When the
pact came up for consideration on
March, 80, 1922, one Of the first oues-
tions put was by Senator Sheppard of
Texas. Suppose" said he, "one Of
the contracting powers fails to OBJ
serve the obligation OF article l to
respect the sovereignty or independ-
ence OF China, what course world the
other contracting nations pursue?"
Senator Underwood replied: There
is no obligation Of force in the pending
treaty. There is no obligation that
one OF the nine nations which signed
the treaty can call on another nation
to Use force. But there is q moral
obligation that will make the nation
which violates it an outlaw in the face
OF the world. More than that, a ma
ton which would violate this contract
to respect the rights of China would
be IN very serious position with eight
other nations under this treaty in ref
erence o its position in world affairs.
l DO no' say that an obligation of that
kind may not lead to force of arms.
Anything may lead to force Of arms.
But there is no obligation whatever
Tor 1t to lead to force OF arms"
Force Obligation Seen.
Passing to clause Of article /,
Senator Sheppard argued that there
was . moral obligation to use force
implied therein, in certain contin-
gencies. otherwise the treaty means
nothing" To which Underwood made
answer: II think there is no moral
obligation In this treaty Of itself to
use force, and 1t was not intended
that there should be any moral obli-
CATION to use force. do not say that
some day in the future the Govern
ment Of the Z. +-d States, express
ing its .determinAv.~ through the
Congress Of the United States. may