Cuba, and to protect the people thereof, as well as for its own de-
fense, the Government of Cuba will sell or lease to the United
States, lands necessary for coaling or naval stations at certain
specific points to be agreed upon with the President of the United
States."

It is quite clear from these three articles that the Govern-
ment of the United States binds itself to maintain the inde-
pendence of Cuba and to exclude other governments from
lodgment in the Island. If any Government attempts to
filch territory from Cuba or to subvert the government, it
becomes the duty of the United States to make war and
defend against such invasion. Does this treaty obligation
thus created take away from Congress the power to declare
war? It only creates the obligation on the part of the
United States to wage war, and in discharging this obliga-
tion Congress must act, or the Government must be recreant
to its agreement.

Thus, by reason and precedent, it would appear clear that
this third plank of the platform of the League is not in any
way an attempt to take from Congress the power which it
has to declare war under the Constitution. The suggestion
that in order to carry out such an obligation on the part of
the United States, it would be necessary to amend the Con-
stitution, grows out of a confusion of ideas and a failure to
analyze the differences between the creation of an obligation
of the United States to do a thing and the due, orderly and
Constitutional course to be taken by it in doing that which
it has agreed to do.

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