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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Aug. 1, 1919)
wpBfWJWWWTITf "" " "M hi The Commoner AUGUST, 1919 M ent In investigation of the. facts by an inter- ?Xr!? lcy.i tlfev had no machinery for the adjust I Bfnf diBPutos which defied diplomatic settle leD! Thev were compelled to rely upon good ft nr mediation with nothing to prevent acts Mce8ormeamwu offered. The P hlS rpatv plan furnishes the machinery, and IcaCO treaty I" dlnlnmnnv fails. kfflmpmay come when all questions, without the UBie Ui iinrl f nrWtrnHnn? 1111- bceptlon, wii db um- - ,nvptn. III that time, mo "v i.o o- Ion in ALL cases is the best insurance we have Igainstwar. TEXTS OF THE TREATIES nvunir Mr. Bryan's account of 'the nature, Loose and scope of the treaties, officially called, Treaties for the Advancement of Peace", xas ccurate, as indeed Mr. Bryan must be regarded r .. . i t,nv,T'nn nt mitlinHfv in nup.1i tnnt- 10 tnn TiiniiuiY ouujvo v. ....-...., ... ... ...... ers we are now prepared to consider the texts if the treaties which he negotiated to give effect o his views. They are thirty in number. The irst flvo were ouite naturally concluded with American countries, of which Salvador was the first to sign, and these countries were- willing fo go farther than the European countries in jvhich a stop in advance is tno suoject 01 mucn Jiscussion and is only taken with extreme can-" ion. The first European treaty was, as previous ly stated, appropriately concluded with the Netherlands, wlilcli country nas peen lor some rears the very pivot and center of an enlight ened and reasonable peace movement, and since Iho meeting of the two conferences at- The lague and the location in that city of the Peace Palace, duo to the munificence of an American citizen, Mr. Andrew Carnegie, to house the - Permanent Court of Arbitration and a library lor its use, The Hague may with,' considerable propriety he -called the very center and capital it internationalism. Let ub therefore compare, the treaties with Salvador and the Netherlands and then' pass to consideration. of the other. treaties which Mr.--. 3ryan was fortunate enough to negotiate With the remaining American and European coun tries, and with China and Persia. But before doing so. it is advisable to state Mat treaties embodying Mr. Bryan's plan were pnciuueu with the following countries, arranged according to the dates of signature which are' .given in each instance: Country Date of Signature Salvador . . .August 7, 1913 uaiemaia ...September 20, 1913 ana,ma September 20, 1913 Honduras ; .; Nnvamlmr 3 1 01 3 Nicaragua ; .December 17, 1913 !je horlands ; ...December 18, 1913 mm '..-.: January 22, 1914 i,erfa February 4, 1914 Portugal ;,-. . . .February 4, 1914. a ..-..February 13, 1914 Switzerland February 13, 1914 Dominican Republic. ." .February 17, 1914 Sezue,la .,;'.'. . JVTarch 21 19.14 SS?ark '. .'.''. : , -April 17, 1914 IZJ' " vV. . . . .May 5, 1914 Norway -. r . T..l inn lrtfU a , T,.1 1 a i n-t A fey :-'-:v-'.'.v.v.::juiy2o:i9i4 jAjsentlno Republic. -.V.V; July 24, 1914 Ip:"" July 24, 1914 icLafay August 29, 1914 Krannl ." September 15, 1914 Great nnV ,' ' ' September 15, 1914 weat Britain September 15, 1914 pHussia. .September 15, 1914 1 Ecuador . . . ' )S" ,7 t on I Greeco wwu,'w xo x"x' fSweden October 13, 1914 euea October 13, 1914 ofi the8Q treaties, thirty in number, the senate !to tim rV. cu,OLUtes nas aavisea and consented "10 ratification Of tho fnllrvartnfr t.wnnf.v-fllcht. longed in order of such approval: c Ratification advised fBolSi,neRePu...V,Cv.;..AugUBt 13, 1914 ; Brazil. ..?.; August 13, 1914 Costa TUon ' ' .august lij, xv OnateiS,? ...August 13, 1914 5aiy V August 13, 1914 Netherlands AugU8t 13 m4 St7 August 13, 1914 erf a ! . August 13, 1914 Portugal August 13, 1914 Salvador ........ .August 13, 1914 Switzerland .;... August 13, 1914 Uruguay August 13, 1914 Venezuela ; August 13, 1914 nI1 August 20, 1914 Peru. ."..'. August 20, 1914 France. .... Septomber 25, 1914 Great Britain....- September 25, 1914 Spain September 25, 1914 Denmark . .September 30, 1914 China... -i October 12, 1914 Russia. October 13, 1914 Ecuador October 20, 1914 . Greece .' October 20, 1914 Paraguay October 22, 1914 Sweden October 22, 1914 Of these twenty-eight, ratifications have been exchanged with the following countries, ar ranged according to the date of such exchange: Country Ratifications Exchangod Guatemala October 13, 914 Norway October 21, 1914 Portugal October 24, 1914 Great Britain November 10, 1914 Costa Rica November 12, 1914 Spain .' December 21, 1914 Bolivia....... January 8, 1915 Sweden January 11, 1915 Denmark January 19, 1915 France .;..'... January 22, 1915 Uruguay , February 24, 1915 Peru March 4, 1915 Paraguay March 9, 1914 Italy March 19, 1915 Russia '. .March 22, 1915 China October 22, 1915 Chile . January 19, 191G Ecuador January 22, 191G Honduras July 27, 191G Brazil. October 28, 1916 . .. The preamble in all of the treaties is iden tical and states the contracting countries as "desirous to strengthen the bonds of amity that bind them together and also to advance tho cause of general peace". ALL DISPUTES SUBMITTED ' In the first article of the treaty with Salvador the high contracting parties "agree that all dis putes between them, of every nature whatsover, which diplomacy shall fail to adjust, shall be submitted for investigation and report to an international commission, to be constituted in tho manner prescribed in the next succeeding article". That is to say, all disputes, whethor involving questions of fact, law or policy, aro to be submitted for investigation and report, provided only that diplomacy, shall have failed to adjust them. The treaty with the Nether lands is more cautious, and makes it clear that the new supplements but does not supplant an older treaty providing for-arbitration. Thus: "The High Contracting Parties agree that all disputes between them, of every nature whatso ever, to the settlement of which previous arbi tration treaties or agreements do not apply in their terms or are not applied in fact, shall, when diplomatic methods of adjustments have failed, be referred for investigation and report to a permanent international commission, to bo constituted in the manner prescribed in the next Thfs'Hmion is just and proper from every Pto tiVSt place, an obligation to arbitrate not satisfied by submitting a dispute covered hv such a treaty, to the commission which only investigates and reports, whereas an arbitral Irihunal decides tho questions laid before it and Mnta "the f conscience and the good faith of the ?- II Imnlv with and to execute the award. P1n the setond place, the membership of the i tribunal may well differ from that of arbitral tribuna ? " different qualifica the commission, ina8niuct asaga upon questions est which ISev,l'J;1y-in which questions of law In the third and "',' f0urt0 nthy0 Nether- appear that, as far as it waB concerned, the treaty was primarily to bring to Investigation! and report questions ordinarily reserved from tho obligation to arbitrate contained in tho general treaties of arbitration, although If tho agreement to arbitrato under tho goneral treaty or agrocmont has not been complied with, tho Bryan treaty may then be utilized to causa tho particular matter to bo submitted to tho com mission. Such action is, however, to bo tho ex ception, not tho rule. Tho two treaties aro, liowovor, allko In 'the final and vital clause of the first article, for tho text of both is so similar as to bo almost iden tical in language as in meaning, Thus tho troaty with Salvodor provides, ns do all of tho aeries, that tho high contracting purtlos "agroo not to declaro war or begin hostilities during such In vestigation and roport". In each treaty tho commission of Inquiry I to be composted of- five members, one to he chosen by ouch from Its citizens or subjects, a second from a third country, and In tho treaty with Salvador "the fifth member shall be chosen by common agreement botwoen tho two govern ments" ; In tho treaty with tho Nothorlands tho proviso is added "that ho shall not be a citizen of either country". Doubtless In practlco tho umpire would be, a foroignor to each, but it was woll to stato it in order that throo of tho mem bers, that is tho majority, must be indifferent to the dispute. In oach treaty tho expenses of tho commission are to bo paid in equal propor tions; in tho treaty with Salvador tho commis sion is to be appointed within four, in that with the Netherlands, within six months after ox change of ratifications and vacancios are to bo filled in each as in tho case of original appoint ments. ' Tho third articlo of both Is very similar, but not identical, as Mr. Bryan did not attompt to secure absolute uniformity of detail, wisely leav ing something to tho other side to suggest an& to tho United States to accept. By tho first para graph of oach troaty the dispute is to bo sub mitted to tho commission immediately upon tho collapso of diplomacy. In tho Salvadorlan troaty tho commission may "act upon its own Initia tive", notifying and requesting tho co-operation of tho governments; whoroas In the Netherland draft the commission may "spontaneously" offer its services. The moaning seems, however, to be identical in each case, as whore 'special fqrmalities are to bo required, they aro stated In the treatios. In tho second sentence of tho third article tho treaty with Salvador presumes that tho re quest of co-operation is tantamount to an ob ligation to co-operate. This is not, however, left to conjecture by the Netherlands, as by tho third paragraph of tho articlo, tho high con tracting parties "agree to furnish" the commis- v sion "with all tho means and facilities required for Its investigation and report". In the next paragraph of tho article the commission has a year in which to investigate and to report upon the dispute, which, in the case of Salvador, may be extended by mutual agreement. In oach tho roport is to bo triplicate, one copy for each of tho parties and tho third for tho files of tho commission. Tho concluding paragraph is Identical and as It is of the essenco of Mr. Bryan's plan It Is found in all of tho treaties In similar if not In identical language. According to the text of tho Salvadorlan and Netherland treaty it reads: "The high contracting parties retain the right to act independently on tho subject-matter of the dispute after the report of the commission shall have been submitted." DIFFERENCES IN TEXTS Thus far there have only been slight differ ences In the two texts making for clearness in thought and expression, and-precision In tho naturo and extent of the obligation assumed. There was, however, an important difference between J.he treaties with Salvador, Guatemala, Panama, Honduras, Nicaragua and Persia on the ono hand, and all the others, including, of course, the Netherlands, which latter country was tho first to strike out the fourth articlo of the five American treaties in which it was fol lowed by all other countries with tho exception o& Persia. This article is thus worded: "Pending the Investigation and report of the International Commission, tho high contracting parties agree not to Increase their military or naval programs, unless danger from a third power shall compel such increase, In which casa f t v i i m M IS n 'M 'At IHondura; ' ' August.!?, iai4 AUgUSC 13, 1U1 wr.-Hsrs ijA,v ju.