South Bend News-Times, Volume 36, Number 173, South Bend, St. Joseph County, 22 June 1919 — Page 3

Rrxn.w. .um: 22. 101f. The Knox Resolution and the Peace Covenant Former Atty. Gen. Wickersham Makes a Epecial Reply to Sen. Knox's Defense of HU Senate Resolution and Pleads With Republican Party Not to Make Partisan Issue of League Extra "Covenanter Article." VICE )

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of Nations should compel obe-linc to it decrees by force, if r.erecjury. It nill also hf rfmfmbfri1 thit or. j of h:s rrlRClral objection? to th; proposed leacrue ras that It did not include all the nations of the '.irth. including Germany. lU-nirmfirr Iloo cltV Adtice. Senators who ern fo anxious to prevent the adoption of the league iron the apparent theory that Its rati.c.ition will a.Mt Pres't "Wilson and the democratic party would do veil to recur to the advir. plven by Thuodore Hoosevelt shortly before his death, when he wrote: "I think that mot of our people are in favor of the esta.blif-hm.ent of thf principle of Ruch a !p.jku? under common-sense conditions which will rot attempt too much, and thereby expose, the movement to the absolute rt.tinty of ridicule and failure. Thre must be an honest effort to limir.ate some of the caUsrs that m y produce future wars and to minimize the area of such wars." Thi counsel seems to have been op.- of the guiding principles in the formulation of the covenant of the Lea ?rue of Nation. It does not attempt too much; it carefully avoids undue encroachments upon the sovereignty of the participating nations, and it constitutes "an honeft effort to eliminate some, of the cau.-es that may produce future wars and to minimize the area of uch wars." Nor has the conference been indifferent to the criticism of such representative men as Messrs. Taft, Lowell, Iode, Itoot, Knox and HuKhes. in amending the original covenant. In the first place, the lanK'uape- of the original covenant, to which so much exception was taken in the early criticism of the document. ha9 been considerably improved in the revision. A number of amendments char.ges also have been adopted, evidently designed to meet and remove these objections. Among the mos., important of these changes the following may be mentioned: lVivilcc of Withdrawal. I. Mr. Taft, Sen. lodge. Sen. Knox and Judge Hughes objected to the original draft on the score that it contained no provision for the withdrawal of a nation from the league- This has been met by Article I of the revised covenant which provides: "Any member of the league may, after two years' notice of its intention so to do. withdraw from the league, provided that all itsjnternational obligations and all its obligations under this covenant shall have been fulfilled at the time of its withdrawal." . Mr. Taft and Judge Hughes both recommended that it should be made clear that the assembly or the council ?houM act by unanimous votf. Sen. Lodge urged that it clearly be prescribed by what vote the council should act. Article V of the revised covenant provides: "Except where otherwise expressly provided in this covenant, or by the terms of this treaty, decisions at any meeting of the assembly or of the council shall require the agreement of all the members of the le.igue represented at the meeting." ;. Sen. Lodge objected that it was not provided who should select the mandatary for any colony or territory. Judge Hughes urged that no ration should be required to act as a rrandatary without its consent. Hoth of these objections are met by Article XXII of the reused covenant, which provides that the council shall designate as the mandatary one of the advanced nations, "who, by reason of their resources, their experience or their geographical position, can best undertake this responsibility, and who are willing to accept it. Hoot Object ion Met. . Sen. Root objected that Article XXV of the original draft apparently abrogated over 200 treaties by which nations have bound themselves to arbitrate disputes which might arise between them. Article XXI of the revised covenant r--moves this possibility, by expressly declaring: "Nothing in this covenant shall b deemed to affect the validity of international engagements such as treaties of arbitration " Sen. Hoot, unlike Judge Hughes. Sen. Knox and other critics of Article X of the oriental covenant, by which members of the 1 ague undertake "to respect and preserve .as against external agcresirn the territorial integrity and existing political Independent" e of all members of the league." pointed out that the article must be considered, not merely with reference to the future, but with referer.ee to the present situation in Europe. He shewed very conclusively that, in view of the conditions In Europe. the I'nited States cannot quit, but must see that order is restored, and must enforce the determination of the allied nations and their counsel in diterminlr.g the lines of restriction, and he s.id: "The immediate aspect of Article X is an agreement to do that ti U r. r rn ti r n .1 a. ! t h t . Artiole X should If amen if d so .mi to hold for a limited time rive year M-.is his UKffcstion and that there--ft or Ar.v member miKht withdr.tw ! from it by pivir. one year'? notice of it intention so to do. hilo this amendment is not specihcaliy included in the revised draft. th provision authorizing any n. nitr of the league to withdraw from it after two years previous notic and the provision for the ndopti-m of amendments to the covenant, when ratified by thor. ni-mbTs of th l-.k:iie vhos repreentatl es con:posi the council and ly a majority of the members who?' r-pr 'ntati t s ct.mp-- thA ss-rably. together m tk- it po-Nihle. if at anv time it l come to th- In ttrect of the United States to terini-

rat er modify its obligations uivIt

Arti l- X, either to compel the amendment of that article, or to the league on two withdraw from yea rs' noti Inlrmation.-il Court, . Sen. Root objected that the covenant cont lined no agreement that an international court of arbitraticn. such as was referred to in . , , . . x. , . . phraseology of thi article has been i , . ... . . tion. J.y providing that the council s-hall "formulate and submit to the members of the league for adoption. plans for the establishment of a permanent court of international lus-I tir- Art VI V - - ' r . . , v.. . J-'!. I HI V ti . ) ... .v.w.. I or investigation of disputes betwer nations which may threaten the peace of the world, particularly those of Articles XI, XII and XVI of the original covenant, as being "well devised," and to "be regarded as free from any just objection so far they relate to th- settlement of political questions at which they are really aimed,"' as having been "developed naturally from the international practice of the past," and -s onstituting a. "great step forward." 1m -causethey create an ms? . ,i o through which the puoü 'o of mankind, condenining u.ijust agr-s-sion and unnecessary war. tnay receive, effect and exert its power for the preservation' of i ar", i-.stead of being dissipate. I i: fruit!;.-: protest or lamentation." s'.ill held that they were open to s?rious ) 'j ction. in that Article XIII wis m'r-Iy an agreement to arbitrato when the parties chose to arbitrate, and that neither th1 council, nr the body of delegates', to whoi;; disputes were to be submitted under Article XV of the covenant, was in anv sense a judicial body or an arbitral body. !

orland was bound to recommend what

it deenud to be expedient for the time. Ho said that that method wax admirable for dealing with political questions, but wholly unsuited for dealing with questions of right under the law of nations; and he, therefore, urged that the provisions be changed to make the arbitration of justiciable questions obligatory under the system established by the Hague conference or before the proposed court of arbitral justice, r some other! especially constituted tribunal. He' defined justiciable disputes to be tho.-e concerning the interpretation I of a treaty, as to y question of international law, as to the existence of any fact which, if established, would constitute a breach of any international obligation, or as to the nature ami extent of the reparation to be made for any such breach." The amendments embodied in the revised covenant partly, but not wholly, meet this criticism. International Arbitration. By Article XII of the original covenant, the members of the league agreed in no case to resort to war without previously submitting the questions and matters involved either to arbitration or to inquiry by the executive council and until three months after the awarl by the arbitrators or the recommendation by the executive council, and that even then they would not resort to war as against a member of the league which should comply with the award of the arbitrators or the recommendation of the council (which, by Article XV must be unanimous). Article XII. as revised, goes further. By it. all the members of the league agree "that if there should arise between them any dispute likely to lead to a rupture, they will submit the matter either to arbitration or to inquiry by the council," and that in no case will they resort to war until three months after the award bv the' arbitrators or the report by the council. Here, therefore, is a detinite bindinc covenaat upon the part of all nations, members of the league, to sulimit to arbitration or inquiry any dispute between any of them likely to lead to rupture. By the revised Article XIII. while the members of the league do not agree absolutely to submit justiciable disputes to arbitration. as distinguished from inquiry by the council, they do agree to submit to arbitration any dispute which shall arise between them "which they recognize to be suitable for submission to arbitration, and which cannot be satisfactorily settled by diplomacy." And they exprtssly declare "disputes as to the interpretation of a treaty, as to any qut stion of international law, as to th"- existence of any fact which if tstablished could constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any i such breach." to b" "among those' which art- generally suitable for submission to arbitration." The disputes mbraced in this declaration are pr cisely those which Sen. Hoot included i'A bis Uünition of disputes! o; a jusn:iai-i" cnaracur. the revised article further providts that "fr the consideration of any such dispute the court of arbitration to which th- case is itttrud shall be the cor.rt agreed on b t lie parties tr th- d:i'i.- or stipul.tted in any C Oll V C n t i ' ! ; -istlniT b. t W C r II tht.ni." lm jiloration tx-vir. 11 m ''" ' i"viy admi:te i that it would h.iVv i ovii bc'.tt-r if the cove-! n..iit I. i i . '..iopu d .on. lioot's amend- j ments as proposed; jjt it ü .11 well known that much opposition "x:st3! ii:ihs i.ui I'i'i an inuiuiu hi met adoption of the princip! of compulory arMtr.itimi, and th t tli tinction K twetn justic:.ii-I tnd r.on-; 1uticiald .I'snutes is ont inurh n-.or. ' fullv recocnizv.l and .iccent,,! hv th. i'ni'o.f f.,t a fit- l - . i v, . l imi'i Linn.. ,ii u MU.il Ulll.llil u.aii any other of the powers. In the practiil workings of these prc iio:-.s. if any power should refuse to suhrait to arbitration a dispute of the character which it has here avert ed is one suitable for arbitration. it must clearly show exceD-

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tional circumstances justifying it unw illinncM to arbitrate. otherwise it would come before the council prejudiced at the outset by appearing to sek a decision based rather upon political expediency than upon the principles of international law. It is not assuming over much to sav that such an instance would ! be of very rare occurrence. S. Sen. Root objected that .. . oncinal covenant by covering the j -he around of arbitration and pr.scribing a new tesi of obiication apparently abrogated all the :)'' treatie 3 of arbitration by which all the nations of th- world have bound themI selves w ith each other to submit to i i . : it .: . irpiiranon an ;ue.-uons arising under international law or the inter- ....... . .. TUI, is remo by tne provisions .... . lv tne provisions oi .-rti"le XX i of the revised covenant which e.vpro-sly declare: Xothiiig in this covenant shall be . ei::ei to affect the validity of intcrnatur.al engagements such ;reaties of arbitration " The amended covenant, therefore. pres-r s in full force the treaties which Secy. Uoot negt tiated on hilt" of th'.a country with - Great Britain, France. Italy, Japan. Spain, Sweden. Switzerland and Norway, Brazil and Ecuador, all of which bind the I'nited States and those

countries, respectively, to refer to:T;ift

the permanent court of arbitration established by The Hague -onention all justiciable disputes which may arise between them, and which do "not affect the vital interests, the independence, or the honor of the contracting states, and which do not concern the interests of third partits. It is true that these treaties all require a special agreement deUning tthe matter in dispute proposed to be (submitted to arbitration in each instance, to be submitted to and upproved by the United State senate, before actual proceedings are had, but they commit the United States and the countries named to submit all justiciable disputes which may arise between them to arbitration. llxUtln:; Treaties IVcmtiihI. rr- i . i . . i ,v c I. . . .....; 1 1 l ne same provision oi me ioim-u covenant also will operate to preserve in'.act the series of treaties negotiated by Secy. Bryan, in l'J Lilt 14. with 1 different countries, which were ratified by the senate without any reservation whatever, whereby the high contracting parfrA,.J "t Vi o M -l iwTuttoc luii nun , , . .. t . UK III Ol HCl lliliuiv n liairurn i , which diplomacy shail fail to adjust, shall be submitted for investigation and report to an international commission to be constituted in the manner prescribed" in a designated article of the treaty, and whereby they further agreed not to declare war or begin hostilities over any such question during such investigation and report. ! Son. Knox objected to thel original covenant, that it laid down no principles, rules or regulations by which the governing body was to be guided. The declaration in Article XI IT of the character of disputes which are generally suitable for submission to arbitration; the statement that such disputes should be considered by the court of arbitration the declaration of the purpose of the covenant as set forth in the preamble, namely: The promotion of international co-operation and the achievement of international peace and security, among other things, "by the tirm establishment of the understandings of international law as the actual rule of conduct among governments." and the express recognition in Article XV of international law as t' e basis of decision as to whether or not a dispute is solely within the domestic jurisdiction- of one of the parties all furnish a very strong, is not a conclusive recognition of the principles of International law as constituting rules for the guidance of both the council and assembly in the settlement of international differences. International Iiw Code. 10. Sen. Boot recommended incorporating as an amendment to the covenant, a provision requiring the executive council to call a general conference of the powers for the purpose of reviewing the condition of international law. and of agreeing 'upon and stating in authoritative form the principles and rules thereof. While this amendment is hut included in the covenant, it is within the general province of either the council or the assembly at any time to appoint a commission for this purpose, or itself to consider and report upon the condition of the law of nations. It may be questioned how desirable it is to attempt tho statement in the forr.v of a cod" or written formulation of the principles and rules of international law. That law is a growth. It is ascertained from the history of the intercourse between nations extending

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bunals. :v; on or It hi crown cu-tomary law .'t s tho comof Enalind has grown iri tne niotherlar. 1 .his country. P is perhaps a'.-l .: U . d "..1 in tbv "ts a .' .hat it should V formulated from lime cert." .ri to tinv decisions tribunals of intern:1 ;o'.,ai rather t..:' :" ...1 h ' th ' o::...ts of ,i bo-dv h v -v- r for ; loj.J-.on ' own s'.prme L Iii. law of r.-ii :':!':'. ition. ( t med, to formulate .'l0r: v t- form u i ,-.,urt has Uc l ire 1 i I potions ;s of i ,ir., no statute , f of f or two e.acan cre'-'e obligations for th" tions , world. The oMigation of that iaw rests upon the common consent of ciillzd communities. It is f fore", not because it was prescribed by any superior power, but because it has been uer.erally accepted as a rule of conduct" f Strong in the Scotia 14 SjYVall 17o, 17). The point of the i matter is, that it is debatable how ! f;ir it would I j0ot"s sugge: be wis.- to adopt Sentiop. in tlvs particular.

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subject is re:l-:cted in the failure of the conference to embody it in th" amendments to the covenant. Monroe Poctrim Safe. 11. The objections made by Mr. Sen. Lodge. Justice Hugbis. and. proposed covenant ! other. that the would destroy or impair the Monroe I doctrine, have been met by the provision in Article XXI. which expressly excludes the Monroe doctrine from affect by the revised covenant. It is true that the characterization of the Monro-.- doctrine has met with not unjustifiable criticism. "Regional understandings for the securing and maintenance of peact-," is hardly an apt description of the Monroe policy, adopted by the I'nited States ;s a national policy for its own protection; and yet. in .a certain sense, it is assuredly a policy adopted to secure the maintenance of peace. and it is a "regional understanding" in the sense that it is an understanding that the United States has declared that the entire region of the American hemisphere is not to be the planting ground for monaichial institutions. 11'. The objection that the league should have no concern with the internal affairs of a nation, such as questions of tariff, immigration, coastwise traffic, and the like, is met by the insertion of a new clause in Article XV: "If the dispute between the parties is claimed by one of them, and is found by the council to arise out of a matter which by international lawis solely within the domestic jurisdiction of that party, the council shall so report, and shall make no recommendation' .as to its settlement." KcviMMl Cm cnant Improved. A consideration of these amendments clearly demonstrates that the revised covenant is greatly improved over the original. That it is not perfect may well be conceded: that it might be more clearly expressed in more apt and cogent terms need not be debated. Nevertheless, it constitutes a great step forward. The republican state convention held at Saratoga on July li, 1918, adopted a platform which declared: "We favor the immediate creation by the I'nited States and its allies of a League of Nations to establish, from time to time to modify, and to tn force the rules of international law and conduct. The purpose of this leagu' should be, not to displace patriotism or devotion and loyalty to national ideals and traditions, but rather to give to these new opportunities of expression In cooperation with the other liberty-loving nations of the world- To membership in the league any nation might he admitted, that possesses a responsible government which will abide by the rules of law and equity, and by those principles of international justice and morality which are accepted by civilized people." The question before the republic. in party today is whether it shall allow a few senators blinded by passion and resentment at the president and his administration to commit the party of great national and international ideals to the reversal of its principles, the abandonment of its high mission' and a position of opposition to the only practicable, attainable plan before the world to avert from posterity the recurrence of the horror, the misery and the tracedy of further wars. F. K. Werner, florist an1 landscape frardenrr. Coquillard Park, South Bernl. Inl. Rosr bushes, trees, and shrubs furnished and planted. Flower beds made, pras cut. yards and lawns taken care of. Satisfaction guaranteed. Mail orders to 74 4 N Notre Dam av. ITS 41-22 its torturing payis. Catarrh, often a forerunner of dread consumption; Fczema. Erysipelas an 1 othrr disr.urim: skin diseases. Malaria, which makes the strongest men helpless, and many other diseases are the direct result of impure blood. You can easily avoid all of these diseases, and rid the system of them, by the use of S. S. S.. th wonderful blood remedy that has been in constant use for more than fifty years. S. S. S. cleanses the Mood thoroughly, and routs every vestice of impurity. It is sold by druggists everywhere. For valuable literature and medical advice absolutely free, write today to the Medical Dept.. S'.vift Specirie Company. -5C Swift Laboratory, Atlanta, Gi. Adv.

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