U.S.A. AND LEAGUE.

New Zealand Herald, Volume LX, Issue 18334, 26 February 1923, Page 7

U.S.A. AND LEAGUE.

tm*w:>--- :•'■■ '.•.•■ . • -.: :; ". ■ ■'■::■ ■■ | FIRST APPROACH MADE. 1 f WORLD COURT OF JUSTICE. QUALIFIED MEMBERSHIP. .PROPOSAL BY PRESIDENT. MESSAGE TO SENATE. 'By Telegraph"Pr* 39 "Association—Copyright. (Received 5.5 p.m.) A.ardN.Z. NEW YORK. Feb. 24. The President, Mr. Warren G. Harding, has addressed a message to the Senate advising the United States to become an fficial member of the Permanent Court of International Justice of the League of Nations. He ask? the Senate to make reservations in its adherence to the protocol of membership of the Court, namely— That such adherence shall not involve anv legal relation of the United States to the League of Nations or the assumption of obligations under the Covenant of tho League 3 of Nations. That the United States be given the tight to participate in the election of iudres, *' hich is now accorded only to Lambert of the League, the United States agreeing- to pay a fair share of the Court's expenses. That the statute of the Court adjoined to the protocol shall not be amended without, the consent of the United States. Mr. Harding expresses his belief that the league will accept these reservations. No Legal Relation to league. . In the course of his message Mr. Harding states "There has been established at The Hague a Permanent Court of International Justice for the trial and decision of international causes by judicial method, and it is now effective through the ratification by the signatory Powers of the special protocol, and the Court is organised and functioning. The United States ie a competent suitor in the Court through a provision of the statute creating it, but that relation is insufficient for a nation long committed to the peaceful settlement of international controversies. Our deliberate public opinion to-day overwhelmingly favours our full participation in the Court and our assumption of attending obligations for the maintenance and furtherance of its prestige, "For this reason I am now asking the consent of the Senate to our adherence to the protocol. I am attaching to this message a letter from Mr. C. E. Hughes, in which he presents the history of the establishment of the Court. Mr. Hughes takes note of the objection to our adherence because the Court's organisation is under the auspices of the League of Nations and indicates how with certain re- [ servations we may fully adhere and participate, and yet remain free from any legal relation to the League or assumption of obligations under the Covenant of the League. . Test ol American Idealism. j "There is one phase of the matter not covered by Mr. Hughes' letter with which I choose frankly to acquaint the Senate, For a long period, indeed ever since the ( international conference on the limitation l of armaments, consideration of plans' whereby we might adhere to the protocol . 'of the Court bus been under way. We were unwilling to adhere unless we could j participate in the selection of judges, and we could not hope to participate with American accord if adherence involved any legal relation to the League. There is good reason to believe that these conditions will be acceptable to the signatory Powers, though nothing definite can be done until the United States tenders its adherence with these reservation!;. "Manifestly I cannot make this tender until the Senate has spoken its approval. I therefore most earnestly urge your favourable advice and consent. I would rejoice if some action could be taken even in the short period remaining of the present session. It is not a new problem of international relations; it is wholly a question of accepting an established institution of high character and making ef- j fective all the fine things which have j been said by us in favour of such an j agency of advanced civilisation. It would j be well worth the while of the Senate to make such special effort as is becom- j ing to record its approval. Such action would add to our consciousness of participation in the fortunate advancement of j international relationship and would re- j mind the world anew that we are ready . for our proper part in furthering peace and adding stability to world affairs." The text of the reservations proposed ; by Mr. C. E. Hughes, which were not! specifically quoted in the President's < message, were appended thereto as an integral part. • •; , Accepting Half the League. Despite Mr. Harding's insisence that j adherence to the Court will not mean legal: relationship between the United States [' and the League, Senators who favour the ' League consider the step to be: Firstly, recognition of the League, and, secondly, 1 virtual adherence, accompanied by verbal |' denial of such adherence. I ■' It is pointed out that the two most im- ] portant phases cf the league are Article 10 and the Court of International Justice, j ' and since, if the United States wishes to ; i enter the League with reservations to i ' Article 10, she would be welcomed, her i J adherence to the Court would mean her j adherence to half the League and to the ; actual and powerful instruments available i ' to the League for the enforcement of its j principles. Mr. Harding's message is considered to be th© most important positive announcement of international policy since the calling of the armaments conference. It is pointed out that the United States would be represented in both the Council and Assembly of the League of Nations, on a par with the Powers signatory to the Covenant, although solely for the purpose of the selection of Court justices. Mr. Hughes specifically mentions this in his elaboration of 'the second suggested reservation to the United States' adherence to the protocol, and commends the admirable system provided for in th© electoral selection of the judges. It is further remarked "that Mr. Harding, by asking the Senate's approval before the United States enters into any definite arrangement with the Powers signatory to the League .Covenant, shows that he has been impressed by the experiences of Mr, Wilson, who negotiated first and asked the Senate's approval afterwards. Mr. Hughes, in his letter, points out that Mr. Elihu. Root, an American, | drafted the plan of the Court at the in- j stance of the League of Nations, ana Mr. John Bassett Moore, another Ameri- - can, is one of the judges, although nomi- j nated by Belgium. I : It seems doubtful that the Senate, in the rush of the closing days of the present . session, which ends on March 4, will i have an opportunity to give the sanction ! |i which Mr. Harding" desires. Senators de- j dare that th© matter requires careful con- j (^deration. .-' .■'■<'•■;•. —— '