AMERICA AND THE TREATY.

Taihape Daily Times, Volume XI, Issue 3368, 22 December 1919, Page 6

AMERICA AND THE TREATY.

_ U I ~ V ‘ EFFECTS or REJECTION DIS- ’ . CUSSED. ; THE ESSENTIAIL PRINCIPLE. THE PROBABILITIES. (Westminstel' Gazette Correspondent.) I So many contradictionary sta.tcme.nts have been made concerning the effect of the refusal of the American Senate ’ to ratify the Peace Treaty——M. Cleamenccau and President Wilson holding appa-._-gntly opposite‘ views——that I found it interesting and illuminating to turn to the text of the Treaty and of I the Conventions. It is generally be‘ lieved that when three Great Powers gave ratified the Treaty it will be in full operation." That‘-was the intenf tion' of the statesmen. But it must not be forgotten that what. may be called the Treaty proper depends absolutely ‘upon the acceptance of the Covenant gt‘ the Leaglle of. Nations, Without the I "League the Treaty cannot be carried] out. That. is, first our promise to Ger- I . many, 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 take place when Germany becomes a member -of "the I League. There is, ‘i‘second——and -this is of vital importance .—the specific provision in the Treaty for the working of the Treaty through. the machinery_ of the League. The League was taken to be so much of a reality that many functions have been consigned to it. Vvithout it many! clauses simply become inoperative. Now, it would be foolish to close our eyes -to the disastrous possibility of ‘America remaining outside the League. If-this happens__. in spite of all clauses making ratification complete on the: constitutional approval of three nations, the bottom is knocked out of tall the work of the ‘Conference’ in Paris. I do not think this fact can ‘-be too clearly stated or too often repeat- ‘ THE SIGNIFICANCE OF ARTICLEI The very first words of the first Article of the Treaty provides that the origin?l'nlenlbel's of the League shall be those of thp signatories named in Qthe anncx——-wliich il‘ll\'3-ll1(l§CS ‘America. The Council Sllflll consist of rcprcs.enftativeg cf the pl'inCipal4 Allied and '1 Associated Powers—which includes I America. The first meeting of the Assembly, and the first meeting of thel pCoAuncil shall be summoned by the President of the United States—which I can hardly be done if America is not a J member. 5

Consider the iniplications. The “Temps” recently,‘ in a I'.ema‘:'kable leading article, put the case exceedingly well, and I need do little more than follcw its reasoning] Two questions are posed: (1) Unless America accepts the Covenant, how can the Treaty be applied, since its execution is guaranteed by the League of Nations. (2) If the Covenant is not accepted, how can one put ‘into force the guaranteed treaties between France and America and France and England, since the third article of ‘these military conventions stipulates that. -they must be submitted to the Council‘.of the League, and recognised as in conformity-with the Covenant?

The “Temps” fairly puts the ease of those who hold that the adhesio~'n of America to the League is not neces~ sary. The argument may thus be resuniecl: The ratification of three Izowers alone is necessary_ When these are secured the Treaty operates and the League is constituted, whatever America may say or (10. As for the Guaranteeing ;’l‘re'.ltie.-3, that of Great Britain is already ratified and that of America, doubtless will-—'be, and it does not necessarily follow th'2zt.the League shall contain American representatives. to which they must be submitted shall contain American representatives.

ALL BASED ON AMERICA . INCLUSION. The simple phrases \‘.'hi(;}l I have 3]. ready quoted, which enviszfge the inclusion of America. in the League, are almost sufficient in themselves to destroy -entirely these contentions. The vghole Covenant is based upon the inclusion of America, if one relies upon the text of the treaty, the text is fatal to any cohCcp»tiorL_of o. peace"to which America is no party. There is the. name in the annex, and at the least a revision of the -words “the original members. . etc., to the plain law guagg of the fourth article, which deals with the coniposiriion of the Le£L‘g‘ue. The “Temps” asks: “If America ‘is not represented ‘on the Council, is it possibln to eorltendthat the Council is regular‘.y constituted? And if it is not regularly constituted how can it’ be competent Itosuporvise the execution of the Peace Treaties or to pronounce upon the guaranteeing .' These latter treaties, according to Ithe writer, are valueiess unless the Peace Treaty is approved by the AAmc'l'ican -Senate, The E.'ri.ti::'ll Con:ve.ntion stipulates in the second arti-‘.'ele»th-at it shall‘ only enter into force ,at thet:-zome time as the ‘convention < —Atnl_eritcn.‘t It «:lepellds,. fiwi ‘M “ h“"fi’i¥i‘@“ ”3‘;~7“».=3.5] iii?’-§._gA‘ ‘1 rm. , A.:le ‘:3 :1 943 f|:)V;lf\‘7.¢'.’ll‘t_:l‘o]},' T

land the‘ American Convention, as we I shall see depends in its ‘turn upon the . i ratification of the Peace Treaty. ~ INTER-NATIONAL UNITY PRESUPPOSED. The fourth article of the American Convention wstates that this special [Treaty shall be submitted to the Senate at the same time as the Peace (Treaty, of which the Covenant. of the Lueague of Nations forms part, and that ratification will be exchanged at the same time or after ratifications of the Peace Treaty have been deposited in Paris. These phrases seem conclusive. One is contingent on the other, and without both there can bc no efficacy in the British military Convention. Be it remembered thai this is the thesis of the “Temps,” which is finding that thgguarantees promised ito Francd, whether ' these guarantees are those‘ of the League-of Nations, or those of the .additoinal Convdntions with Great Britain and ,'Ameriea, are non-existent, or at least sare of no avail. This, of ‘course, is a nlel‘c’nlat'tel' of texts, but texts cannot be lightly dis;l_l_issed- Moreover: the whole spirit of the peace? supposes {Ln in'te.l’il'ation'a-1 solidarity. ‘lf that is not realised, what is left? It would be superfluous to insist upon the fragile character of the‘ peace witthout the cooperation of the United»States. It is a delusion to talk of the Treaty entering into vi-gour on its ratificaiion by three Greea Powers, among which America does not figure. ft" should be‘ noted, too, that both Italy and Japan are in some disaccord with‘ America on the questions of Fiume and Shantung. AT ALL COSTS——A REALITY. The conclusion, which has been lacecnted in -theory by many sections of French public opinion, is that even now the Treaty must be revised, the peace must be ameliorated in the direction of giving more solid guaran—§

tee to Franee——guarantees, is is rurged, which were foregone precisely ‘bcause of the League and the Guaranteeing Treaties. I can only register the concrete‘ demand without approving it. For me the nioral is rather -that the League must, at -all costs, be made a. reality, since everything depends upon it. No matter what point of view is taken whether it is considered that «the Tre'a.ty errs in this direction or in that, the long labours would be entirel4y‘lost.if the League were put in peril. For better or for worse, the Peace Treaty and the Guaranteeing Treaties cannot exist. Without ‘the C'«ovenant_. and the Covenant cannot exist without American adhesion. The duty, then, of all men of common sense, whatever their opinion m\ay be in other respects, is to strengthen the League.