AMERICA AND THE TREATY

Dominion, Volume 13, Issue 73, 19 December 1919, Page 8

AMERICA AND THE TREATY

EFFECTS OF REJECTION DISCUSSED THE ESSENTIAL PRINCIPLE THE PROBABILITIES, . ("Westminster Gazette" Correspondent.) So many contradictory statements have bpen made concerning the-effect of t'he ic'fu.sal of the American Senate to rnliiV tin , - Peace Treaty—Jl. Clemenceau und President Wilson holding apparently opposite views--that 1 found it interesting and illuminating to turn to the tc:;t of tho Treaty and of the Conventions. It is generally believed that when three Great Powers have ratified the Tj-eaty it will be in full operation. That was the intention of the statesmen. But it must not bo forgotten that what may lie called the Treaty proper depends absolutely .upon the acceptance of lilio Covenant of the League of Nations. Without tho League the Treaty cannot be carried out. There is, first, our promise to Germany, which I suppose, must be observed, since Germany's signature was at any rate to some extent obtained by means of this promise—to the effect that a revision of certain clauses may tnko place when Germany becomes n member of the League. There, is, second—and this is of vital importance—the specific provision in tho Treaty for tho working of H>» Treaty through the machinery of the League. The League was taken to be so much of a reality that many funelioiw have been consigned to it. Without it) many clnuSGs simply become inoperative.

Now it would lie foolish to close our eyes to the disastrous possibility of America remaining outside the League. If this happens, in spito of ail clauses making ratification complete on the constitutional approval of three nations, the bottom is knocked out of all the work of the Conference in Paris. I do not think this fact can bo too clearly stated or *-oo often repeated. •

The Significance of Article I. The very first words of (ho first Artiole of the Treaty provido that tho original members of tho Leaguo shall 1« thoso of tho signatories nurued in tme annex—which includes America. Tho Council 6hall consisli of representatives of tho principal Allied and Associated Powers—which includes America. The first meeting of tho Assembly and the first meeting of tiho Council shall be summoned by tho President of tho United States—which, can hardly bo dono if America is not a- member. Consider the implications. The "Tenios" recently, in a remarkable leading article, put tho caso exceedingly well, and I need do littlo more than follow its reasoning. Two questions are nosed: (1) Unless America accepts tho Covenant how can the Treaty be applied, sincq its execution is guaranteed bv the Leaguo of Nations (2) If tho Covenant is not accepted, how can one Dut in force the Guaranteed Treaties between Franco ana' America and Franco and England, since tho third article of these military conventions stipulates that thev must bo submitted ' to the Council of the league, and recognised as in conformity with the Covenant? The "Temps" fairly puts the case of those who hold that the adhesion of America to the League is not necessary. The argument may be thus resumed: The ratification of three Powers alono is necessary. When these are secured the Treaty operates and tho League is constituted, whatever America may say nr do. As for the Guaranteeing Treaties; that, of Great Britain is already ratified, ana' that of America doubtless will be, and it does not necessarily follow that the League to which thev must be submitted shall contain American representatives. "All Based on America's Inclusion. The simnlo phrases which; I have already quoted, which envisage the inclusion of. America in the League, are almost sufficient in themselves to destroy entirely these contentions:' Tho whole Covenant is based upon the inclusion of America. If one relies upon the text of the Treaty, the text is fatal to any conception of a peace to which America is no party. There is tho name in the annex, and at tho roast a revision of the words "the original-members. . . . etc.," is necessary. The same remark applies to the plain language of tho fourth article, which deals with the composition of the Leaguo ,/ ,The "Temps" asks: "If 'America is not represented on the Council, is it possible to contend that the.. Council is regularly constituted And if it is not regularly constituted, how can it be competent to supervise the execution of the Peace Treaty, or to pronounco upon tho guaranteeing treaties'?

These latter treaties, according to tho writer, are valueless unless the Peace Treaty is approved by the American Senate. The British Convention, stipulates in the second article that it shall only enter into force at the same time as the convention concluded with America. It depends, then, upon the American Convention, and tho American Convention, as we shall see, depends in its turn upon tho ratification of tbe Peace Treaty.

International Unity Pre-supposed. The fourth article of the American Convention states that this special Treaty shall bo submitted to the Senate nt tho same time as the Peace Treaty, of which the Covenant of the ■ Leaguo of Nations forms part, and that ratifications will bo exchanged at tho same time or after ratifications of the Peaco Treaty have been deposited in Paris. These phrases seem conclusive. Olio is contingent on tho other, and without both there can be no efficacy in the British military Convention. Bo it remembered, that this is the thesis of the "Temps," which is deeply concerned at the possibility of finding that the guarantees promised to France, whether those' guarantees are those of the League of Nations, or tlioso of the additional Conventions with Great Britain and America, are non-existent, or ,at least are of no avail.

This, of course, is 'a mere matter of texts, but texts cannot be lightly dismissed'. Moreover, the whole spirit of the peace supposes an international solidarity. If that is not realised, what is left? It would bo superfluous to insist utpn the fragile character of the neace without the co-operation of the United States. Iris a defusion to talk of the Treaty entering into vigour on its ratification by threo Great Powers, among which American does not figure If. should be noted, too, that both Italy nnd Janan aro in some disaccord with America on tho questions of Fiume and of Shantung.

At All Costs—a Reality. Tho. conclusion, which has been acceuted in theory by many sections of French public opinion, is..that even now tho Treatv must be revised, the peaco must be ameliorated in tho direction of giving more solid guarantees to Franceguarantees, it is urged, which wero foregone precisely because of the Leaguo and the. Guaranteeing Treaties. I can onlv register this concrete demand without approving it. For me the moral is rather that tho League must, nt all costs, be made a reality, since ovarvHiing depends upon it. No matter what point of view is taken, whether it is considered that the Treaty errs in this direction or in that, the lone labours would he entirely lost if tho Loainio were put in peril. For better or for worse, the Peace Treaty and the Guaranteeing Treaties cannot exist without the Covenant, and the Covennut-, cannot exist without American noliMiiin. The duty, (hen, of all men of common sense, whatever their opinion, may bn in other respects, is to strengthen tho League.