Historical Newspapers of South Carolina

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nrl?lhrl" r 1' !- ? .' ; ffiil??lo MM Document Designed to Pi :: and to Achieve Intern:; tic out Et Foe CLONER mmm The High Contracting Par :ics tain a Scrupulous Respes in AU Their Dealii Washington.-The state dena rt .mei matte public the text ot* Che reyisi covenant of the league of nations, t it was presented to the plenary se sion of the pence conference al Pari The text follows, with parenthetic! insertions showing < inVn jes made i the covenant as originally drafted ari made public: Covenant cf the League of Nations. In order to promote internationj co-operation and to achieve intern; tiona] peace and security, by the ai ceptancc of obligations not to r?soi ?to war. by the prescription of ope; just arid honora hie relations betwee nat:on>. hy the firm establishment c the understandings of internation;: law as rn actual rule of conduct anion governments, and hy the maintenanc of justice and a scrupulous respect i'> all treaty obligations in the dealing of organized peoples with one anothei the h ?gil cont meting parties agree t this covenant of the league of nati:!-: (In the original preamble the las sentence reads, "adopt this constitv. tion." instead of "agree to this cove nant."? Articie One. The original members of the leagui * of nations shall be those of the sig natories which aro named in the an nex to this covenant and also such o these other states named in the an nex as shall accede without reserva tion to this covenant. Such accessioi shall he effected by a declaration de posited with the secretariat with ir two months of the coming into fore* of the covenant. .Vet ice thereof shal be sent to all oilier members nf tin league. Any fully self-governing state, do minion or colony not named in the an nex may become a member of thf league of nations if its admission h -agreed to by two-thirds of th" assem bly, provided that it shall cive effec tive guarantees of it.; sincere inten tion to observe its international obli g?tions, and shall accept such regula tions as may be prescribed by thr league in regard to its military and naval forces and armaments. Any member of the league, may after two years* notice nf its intention 60 to do. withdraw from the league, .provided that all its international obli' orations and all its obligations under this covenant shall have been fulfilled ?at the time of its withdrawal. (This article is new. embodying with alterations and additions the old article seven, it. provide-; more sne. cifically the method of admitting new members and adds the entirely new paragraph providing for withdrawal from the league. No mention ot with drawal was made in the original docu ment.) . Article Two. The action of the league under this covenant shall he effected through the instrumentality of an assembly and of a council, with a permanent secretariat. (Originally this was a part of ar ticle one. it gives the name assem bly to the gathering of representa tives of the members of the league, formerly referred to merely as "the "body of delegates.") Article Three. The assembly shall consist of rep resentatives of the members of the league. The assembly shall meet at stated intervals and from time to time as occasion may require, at the seat of the league, or at such other place as may be decided upon. The assembly may deal at its meet ings with any matter within the sphere of action of the league or af fecting the peace of the world. At meetings of the assembly, each member of the league shall have one rote, and may have not more than three representatives. (This embodies parts of the orig inal article one. two and three with only minor changes. It refers to "members of the league" where the term "high contracting parties" orig inal"" was used, and this change is followed throughout the revised draft.) Article Four. The council shall consist of repre sentatiTes of the United States of America, of the British empire, of "Franco, of Italy and of Japan, together with representatives of four other members of the league. These four members of the league shall be select ?d hy the assembly from time-to time in its discretion. Until the appoint ment of the representatives of the four members of the league first se lected by the assembly, representa tive* of (blank) shall be members of the council. With approval of the majority of the assembly, the council may name adcitlouaJ members of the league .whose representatives shall always he members cf the council; the council ?with lilo approval may lacrease tke cte Internationa,! Cc-Operation tal Peace and Security With ort to War. 1M TC h? STSfiMfi! I RI? ila i LisHrl IIU iafiv. Lu 11 iigree in This Covenant to Main ; for AU Treaty Obligations >s With Ona Another. .humber of members of the league to be selected by the assembly fur rep resentation on tho council. The council .sh:??l meet from time t.) time, as occasion may require am'. at least once a year, at the .-.eat ol the league, or at such other place a:; may be decided upon. The council may deal at its meet ings with any mader within the sphere of action of the league or af fecting the peace of tia; world. Any member of the league not rep resented on the council shall be in vite! to send a representative to sit ?as a member at any meeting of the i council (Turing the consideration of matters specifically affecting the in terests of that member of Hie league. At meetings of the council, each member of the league represented on the council shall have on- vote, and may have not more than enc repres entative. 'his embodies that part of the 01 .ginni article throe designating the original members of the council. The paragraph providing for increase in the membership of tiie council is new.) Article Five. Except, where otherwise expressly I provided in this covenant, decisions i at any meeting of t' sembly or of the council shall rv.jmre thc agree ! ment of all the members of the league represented at the meeting. All mailers of procedure at meet ings of the assembly or of the council, the appointment of committees to in vestigate particular matters shall be regulated by the assembly or hy the council and may be decided by a ma jority of the members ol' tile league represented at the meeting. The first meeting of Hie assembly and the first meeting at tho council shall ho summoned by the President of the United States of America. (The first paragraph requiring un animous agreement in both assen "v and council except where other se provided is new. The other two para graphs originally were included in article four.) t Article Six. The permanent secretariat shall be established ot the fu^t of the league. The secretariat shall Comprise a sec retariat .general and imch secretaries and staff as may be required. Tlie first secretary general sh.ill be the person named in the annex: there after the secretarj' general shall he appointed by the council with the ap proval of the majority of the assembly. The secretaries and the staff of the j secretariat shall be appointed by the secretary general with the approval cf the council. Tile secretary general shall act in that capacity at all meetings of the as sembly and of the counc il. Tile expenses of the secretariat shall ! be horne by the members of the league in accordance with the apportion ment of the expenses of the interna tional bureau of universal postal union. (This replaces the original article five. In the original the appointment of the first secretary general was left . to the council, and approval of the j majority of the assembly was not re quired for subsequent appointments.) Article Seven. The sent of the league is establish ed at Geneva. The council may at any time decide that the seat of the league shall he established elsewhere. All positions under or in connection with tile league, including the secre tariat, shall he open equally to men and women. Representatives of the members of the league and officials of the league when engaged on the business of the league shall enjoy diplomatic privi leges and immunities. The building and other property oc cupied by the league or its officials or by representative? attending its meet ings shall be inviolable. (Embodying parts of the old ar ticles five and six, this article names Geneva instead of leaving the seat of the league to be chosen later, and adds the provision for changing the seat in the future. The paragraph opening position to women equally with men is new). Article Eight The members of the leag > recog nize that the maintenance of a peace requires the reduction of national armament to the lowest point consist ent with national safety and the en forcement by common action of inter national obligation. The council, taking account of the geographical situation and circum stances of each state, shall formulate ' plaqs for such reduction for the con J sideration and action of the several governments. Sueh p?ans shall be srbpect t? re consideration and revision at least j every 10 yearn. {fin nr sUD bf A:ter these plans shall hare been adopted by the several governments limi's of armaments therein fired shall not he exceeded without the concurrence of the council. The mern hers o: the lea nne agree that tue manufacture by private en ter pr i se of munitions and implements of war is open to grave objections The council shall advise how the evil effects attendant upon such manufac ture can bo prevented, due regard be ing had to the necessities of those which are not able to manufacture tlic munitions and implements of war necessary fir their safety. The members of the league under take to interchange full and frank in formation as to ti!-1 scale of t.V.'r armaments, (hoir military and naval programs and the' condition of such of their industries as- are adaptable to warlike purposes." (This covers the ground of the original article eicht, but is rewrit ten to make it clearer that armament reduction plans must be adopted by the nations affected before they be come e ?Toe ti ve). Article A permanent c inn shall bc constituted to ;i the connell or the expectation the provisions ol articles one a ight and olfTrnlitarj and naval nr ions generally. (Unchanged exeunt for the h;.~er tion of the words "article one"). Article Ten. Tho members of th? hmo under take to respect and preserve ae against external aggression tho tor ritorial integrity and existing political independence of all members of the league. Tn case of any such aggres sion, or in ca^o nf any throat or dan ger of such aggression, i'v council shall advise upon the moan-- by which this obligation shall be fulfilled. ' (Virtually unchanged). Article Eleven. Any war or threat of war. whethei immediately affecting any of the members of the league or not. is hereby declared a matter of conrorn to the whole league, and tho league shall take any action that may b? deemed wiso and effectual tn safo, guard tho peace of nations. Tn case any such emergencies should ariso, the secretary general shall on the re rennest of any member of the league, forthwith summon a mooting of the council. It is ,-iNo declared to be the funda mental right nf each member of the league to bring to the attention of tho assembly or of th? council any cir cumstances whatever a rf roting inter national relations which threatens to disturb cither tho peace or the good understanding between nations upon which peace depends. i Tn the original it was provided that the "high contracting parties re serve the right to take any action." etc.. where the revised draft reads "tho league shall take any action." etc.) Article Twelve. The members of the league agree that, if there should arise between them any dispute likely to rand to a rupture, they will submit the**pv*tter either to arbitration or to. hy the council4and they agree in "inf. case to resort to war until three months after the award hy the arbitrators or the report of the council. In any case under this article tho award of the arbitrators shall be made with in a reasonable time, and the report of the council shall be made within ? reasonable time, and sub: "' ?ion of the dispute. (V ally unchanged except that some provisions cf the original are eliminated for inclusion in other ar ticles). Article Thirteen. The members of the league agree ! that whnever any dispute shall arise between them which they recognize to be suitable for submission to arbi tration and -which cannot be satisfac torily settled by diplomacy, they will submit the whole subject matter to arbitration. Disputes as to the inter pretation of a treaty, as to any ques tion of int erna tion. 1 law. as to the existence, of any fact which is estab lished would constitute a breach of any international obligation, or as to the extent and na'ure of the repara tion to be made for any such breach, the declared to be among those which are generally suitable for submission to arbitration. Km- the consideration of any such dispute the court of arbi tration to which the case is referred shall be the court greed on by the parties to the dispute or stipulated in any convention existing between them. Tlie members of the league agree! that they will carry out in full good faith any award that may he rendered and that they will not resort to war against a member of the league which complies therewith. In the event of any failure to carry out such an award the council shall propose what steps should be taken to give effect thereto. (Only minor changes in language.) Article Fourteen. The council shall formulate and submit to the members of the league for adoption plans for the estab lishment of a permanent court of inter national justice. The court shall be competent to hear and determine any dispute of an international character .which the parties thereto submit to it. The court may also give an ad visory opinion upon any dispute or question referred to it by the council or by the assembly. (Unchanged except for the addition of the last sentence.) Article Fifteen. If there should arise between members of the league any disput? likely to lead to a rupture, which i? not stfbKitted to arbitration as above ?he members of the league agre? that they will submit the matter U ?e council. Any party to thu iii pute may effect such submission 1 riving notice of tho existence 'f tl iispute to the sccertary general, wi wi J1 make all necessary arrangemen .'or a full investigation and consider ti?n thereof. For this purpose tl parties to ;hc dispute will coinmui cate to the secretary general : promptly as pcsisible, statnients < (heir case, all the relevant tacts ar purposes: Tho council may for; witii direct the publication thereo.". Tl? council shall endeavor to . feet a. settlement of any dispute, ai; if such efforts are successful, a stat nrent shall ix: made putiic ghin such facts and explanations regardir the dispute, terns of sett?emei thereof, .is th'.? council ma;, deem a propriate. If the dispute is vot thus settle the councii either unanimously or 1 a majority vote shall make and pu lt sh a report containing a H tat em ci of tire ?strts o? the depute-arid i.h recommendations which aro deeme just ar.d proper >:-. regard ! hereto. Any member of ;!),> league repn sented on tho council may make pill lie a statement of i ho facts of tl; dispute and cf its conclusions regari ihg tho same. If a report by the council is unan motisiy agreed to hy th? mem thereof other than tho r >resenthtivc of ouo or more? of the i'"-r b ; to th dispute, the members of the I ca gu agree that they will n ?t g i w i with any party to lae disput? whic complies v.-'-Ii th? recommendations c the report. ff tho council fails to reach a rc port which is unanimously agreed t by the members thereof, other thai the representatives of ono or mor of the parties to the disputo, th members of the league reserve tt themselves tho right to take such ac tion ..;<; they shall .consider necessar; for the maintenace of right and jus tice. If tho dispute between the partie; is claimed hy one of them, and it found by the council, to arise out o a matter which by international lav is .solely within tho domestic: jurisd?n tion of the party, the council shall s; report, and shall make no recommefl dation;: as to its settlement. The council may in any case undei this article refer the dispute to th* assembly. The dispute shall bo so ro ferred at tho request nf either pa rt j to the dispute, provided that such re quest be made within 14 days aftei tho submission of the dispute to flu council. In any rase referred to tho nssom bly all the provisions of this article and of article 12 relating to the action and powers of the council shall apply to the action and powers of the as. sembly. provided that a report muir by the assembly, if concurred in by tho representatives of thc::o members of the league represented on the coun cil and of a majority of tho other members rf tho league, exclusive in each case of the representatives of the parties to tho dispute, shill haye the same frmco ns, a report by the council concurred in by all the mem ber thereof other than the represen tatives of ono or more of the parties to the dispute. t (The paragraph specifically exclud ing malters of "domestic jurisdic tion" from action by tho council is new. Tn the last sentence, tho words "if concurred in by th? representa tivos cf those members of tiio io-><rue represented on thc councii." etc.. have been added). Article Sixteen. Should any member of tit" league resort to war in disregard of its cove nants under articles 12. 13 or 15. it shall ipso*facto he deeemd to have committed an act of war against all other members of the lenette, which thereby undertake immediately to subject it to !!ie severance of all trade or financial relations, the prc hibition of all intercourse between their na tions and the nationals of the coven ant-breaking state and the prevention of ?'.] financial, commercial or per sonal intercourse between the na tions of the covenant breaking state and tho nations of any other state whether a member of the league OT not. It shall be the duty of tho council in such cases to recommend 'to the several governments concerned what effective military or naval forces tlir members of the league shall severally contribute to the armaments of forces to be used to protect the covenants ot the league. The members of the league agree further, that they will mutually sup port one another in the financial and economic measures which are taken under this article, in order to mini mize the loss and inconvonience re suiting from the above measures, and that they will mutually support one another in resisting any special meas ures aimed at one of their number by the covenant breaking state and thal they will take the necessary steps tr afford passage through their territory to the forces of any of the members of the league which are co-?peratinp to protect the covenants of th? league. Any member of the league which violated any covenant of the league may be decided to be no longer ? member of the league by a vote fo the council concurred in by the represen tatives of all the other members o: the league represented thereon. (Unchanged except for the additior of the last sentence.) Article Seventeen. In the event of a dispute betweer a memher of the league and a stat< which is not a member of the league or between states not members of th? league, the state or states not mern hers of the league shall be invited t? accept tlie obligations of membership in the league for the purposes of such dispute, upon such conditions an the council may deem just. If such invi tation is accepted, the provisions of articles 12 to 16 inclusive shall be ap plied with such modifications as may be deemed necessary by tho council. T'pon such invitation hoing given, the council shall immediately institute nu inquiry into tho circumstances of the dispute and recommend such ac tion as may seem best and most ef fectual in the circumstances. If a state so invited shrill refuse to accept tli''> obligations of member ship in the league for the pur pose of stich dispute, and shall resort to war against a nie nber of the league, th:? provisions of article 16 shall bo applicable as against the statc taking such action. If both parties to tho dispute, whet so invited refuse to accept tho Obliga lions cf membership in the ' sue foi thc purposes nf such dispute, tl", council may take such measures and make such recommendations as wil? prevent hostilities and will result ir the settlement of tho dispute. (Virtually unchanged.) Art-cfs Sixteen. Every convention ar international engagement entered into hencefor .ward ?y any member of the leagtu shall be forthwith registered with th< secretariat and shall as soon ai against the state til;;!.!', such ac such treaty or international engage ment shall be binding until so regis tered. (?ame as original Article 2'i. ) Article Nineteen. Tho assembly may from tinto tc time advise tho reconsideration bj members of the league of treaties which have become inapplicable and the consideration of international con ditions whose continuance might cn danger the peace of the world. (Virtually the same as original Ar tide 2i.) Article Twenty. Tho members of the league several ly agree that this covenant is accept ed as abrogating all obligations or understandings inter se which are in consistent with tlie tonus thereof, and solemnly undertake that they will not hereafter enter i .. i : ty agreements inconsistent with tho ; rms thereof. In case members .'t e league shall, before becoming mein hers of the league have undertaken any obliga tions inconsistent with the terms of the covenant, it shall be the duty ot each member to take immediate steps to procure its release from such obligations. (Virtually tho same as original Ar ticle 25.) Article Tv/snty-one. Nothing in this covenant shall be deemed to affect tim validity of inter national engagements such as treat ies of arbitrations or regional under standings like tim Monroe doctrino for securing the maintenance of peace. (Entirely new.) Article Twenty-two. To those colonies and territories which as a consequence of the late war have ceased to be under the sov ereignty of the states which formerly governed them and which are inhab ited by ponidos not yet able to stand by themselves under the strenuous conditions of tho modern world, thoro should bo appliod tho principle that the wellbeing and well development of such peoples formed a sacred trust of civilization and that securities for tho performance of this trust should bo embodied in this covenant. Tho hest method nf giving practi cable effect to this principle is that tho tutelage of such peoples bo en trusted to advanced nations' who. by reasons of their resources, their ex perience or their geographical posi tion, can best undertake responsibil ity, and which aro willing to accept it and that this tutekige should bc ex ercisod by them as mandatories on be half of the league. The character of the mandate must differ according to the stage of the development of the people, the geo graphical situation of the territory, its economic condition and any other similar circumstances. Certain communities formerly be longing to the Turkish empire have reached a stage of development where their existence as independent nations can be provisionally recognized sub ject to the rendering of administra tive advice and assistance by a man datory until such time as they are able to stand alone. Tho wishes of these communities must be a princi pal consideration in the selection of the mandatory. Other peoples, especially those of Central Africa, are at such a stage that the mandatory must be responsi ble for the administration of the ter ritory under conditions which will guarantee freedom and conscience or religion subject only to the mainte nance of public order and morals, the prohibition of abuses, such as the slave trade, the arms traffic and the liquor trafic and the prevention of the establishment of fortifications or military and naval bases and military training of the nations for other than policy purposes and the defense of territory and will also secure equal opportunities for the trade and com merce of other members of the league. ' There are territories, such as South west Africa, and certain of the South Pacific islands, which, owing to the sparseness of their population or their small size or their remoteness from the centers of civilization or their geographical contiguity to the terri tory o' the mandatory' and other cir cumstances, can be best administered under the laws of the mandatory aa Integral portions of its territory sub ject to the safeguards above mention ed in the interests of the indigenous population. In every case ot' mandate the mandatory shall render to the council an annual report in reference to the territory committed to its charge. . Tho degree of authority, control or administration to he exorcised by the mandatory shall, it* . Tint previously agreed upon by the members of the league, be explicitly defined in each eas? by lae council. A permanent commission shall be constituted to receive and examine the annual reports of the manda lories and to advise the council on all mat ters relating to the observance of the mandates: (This is the original Article in. vir tually unchanged "xcept for the in si rb'on of thc words "and which are wiiiing to accept" in describing na tions to be given mandatories.) Article Twenty-three. Subjecl to and in accordance with the provisions of international con ventions existing or hereafter Co be n?n -,i upon ?he members of the , league (a) will endeavor to secure and maintain fair and humane condi tions of labor for men. women and childrt n. both in their own countries and in all countries to which their commercial and industrial relations ex? ad, and for that ?purpose will es ? ' lish and maintain thc necessary in ternational organizations; tb) under take to secure just treatment of the native inhabitants of territories un der their control: (c) will entrust the league with the general supervision over the execution of agreements with regard to the traffic in women and children, and the traffic in opium ard ether dangerous drugs; fd) will entrust the league with the general supervision of the trade in arms and ammxriition with the countries in which the control of this traffic is necessary in the common interests; fe) will ?n ike provision to secure and maintain freedom of oomriunieation and of transit and of equitable treat- i meru for the commerce ef ail mem bers of the- league. Tn this c.onnec ' tio:>. especial necessities of the re gions devastated during the war of ini-l-lf!!<? shall be in mind; (f) will endeavor to take steps in matters of international concern for the preven tion end control of dise;-?". (This rerlaces the original article 20 and embodies parts of the original Articles IS ard 21. Tt eliminates a specific provision formerly ma.de for a bureau of labor and adds the clauses (b) and tc). Article Twenty-four.) There shall be placed under the di rection of the loa.:.:"..* all international bureaus already established by gen eral treaties if tho parties to such tveatles consent All ?\:?h interna tional bureaus and all -ommissions for die regulation of matters of inter national interest hereafter constitut ed shall be placed under the direction of the league. Tn all matters nt int emotional in terest which are regulated by general conventions, but which are not placed under the control of international bu reaus or commissions, the secretariat of the league shall, subject to the con- . sent of the council, and if desired by the parties, collect and distribute all relevant information ami shall render any other assistance which may be necessary or desirable. The council may include ?s part of the expenses of the secretariat the expenses of any bureau or commis sion which is placed under the direc tion of the league. (Rame as article 22 in the original, with the matter after the first two sentences added). Article Twenty-five. The members of the league agree to encourage and promote the estab lishment and co-operation of duly au thorized national Red Cross societies having as purposes improvement of health, the prevention of diseases and the mitigation of suffering through out the world. (Entirely new.) Article Twenty-six. Amendments to this covenant will take effect when ratified by members of the league, whose representatives compose the council and by a major itv of the members of the league whose representatives compose the assembly. Such amendment shall (the word not apparently omitted in cable trans mission) bind any member of the league which signifies its dissent therefrom, but in that case it shall cease to be a member or the league. (Same as the original except that a majority of the league instead of three-fourths is required for ratifica tion of amendments, with the last sen tence added.) Annex to the Covenant One-Original members of the league of nations. Signatories x>f the treaty of peace: United States of America, Belgium, Bolivia. Brazil, British Empire, Can ada. Australia, South Africa, New South "Wales, India. China. Cuba, Cze cho-Slovak'a, Ecuador. Prance, Greece. Guatemala. Haiti, Hedjaz, Honduras, Italy, Japan, Liberia, Nica ragua. Parama. Pent, Poland, Portu gal. Rumania, Serbia, Siam, Uruguay. States invited to accede to the cov enant: Argentine Republic, Chile. Colum bia. Denmark. Netherlands, Norway, Paraguay. Pewia, Salvador, Spain, Sweden, Switzerland, Venezuela. Two-First secretary general ot the league of nations (blank). (The annex was not published with the original draft of the covenant) j