The terms of article 4 envisaged the possibility that one of the allies might precipitate a war under the terms of the treaty if it felt its security threatened. The obligations of the other allies in such a case were not to include entry into a war brought about in this way, but the possibility of their entry to assist an aggressive ally was specifically provided for. The text of this treaty was not published until 1920.

3. The German-Italian Treaty of February 20, 1887

"Article 3: If it were to happen that France should make a move to extend her occupation, or even her protectorate or her sovereignty, under any form whatsoever, in the North African territories, whether of the Vialayet of Tripoli or of the Moroccan Empire, and that in consequence thereof Italy, in order to safeguard her position in the Mediterranean, should feel that she must herself undertake action in the said North African territories, or even have recourse to extreme measures in French territory in Europe, the state of war which would thereby ensue between Italy and France would constitute ipso facto, on the demand of Italy and at the common charge of the two Allies, the casus foederis with all the effects foreseen by Articles II and V of the aforesaid Treaty of May 20, 1882 [the Triple Alliance], as if such an eventuality were expressly contemplated

therein.

The terms of this treaty contemplated the possibility that Italy, in view of certain French measures in north Africa, might attack French forces in Africa or even France itself, in which case Germany would enter the war against France. German support was also promised for contemplated Italian claims for French territory along the Franco-Italian frontier. The German-Italian Treaty of 1887 was by its own terms to be kept secret and was not published until 1920. 4. The Austro-Italian Treaty of February 20, 1887

"Article 1: * * * However, if, in the course of events, the maintenance of the status quo in the regions of the Balkans or of the Ottoman coasts and islands in the Adriatic and in the Aegean Sea should become impossible, and if, whether in consequence of the action of a third Power or otherwise, Austria-Hungary or Italy should find themselves under the necessity of modifying it by a temporary or permanent occupation on their part, this occupation shall take place only after 4 previous agreement between the two Powers aforesaid, based upon the principle of a reciprocal compensation for every advantage, territorial or other, which each of them might obtain beyond the present status quo, and giving satisfaction to the interests and well founded claims of the two Parties." [Italics added.]

This treaty clearly envisaged the possibility of territorial changes in the Balkans and in the Adriatic and Aegean regions either by the action of nonsignatory powers or "otherwise," i. e., by the aggressive action of Austria-Hungary or Italy, if either of those powers should find itself "under the necessity of modifying the status quo. In this case there was to be previous consultation between the two allies with a view to assuring both of them "reciprocal compensation" in territory or otherwise for the gains of either of them. The Austro-Italian Treaty of 1887 was by its own terms to be kept secret and was not published until

1920.

5. The Anglo-Japanese Alliance of January 30, 1902

"Article 1: The High Contracting Parties, having mutually recognized the independence of China and Korea, declare themselves to be entirely uninfluenced by any aggressive tendencies in either country. Having in view, however, their special interests of which those of Great Britain relate principally to China, while Japan, in addition to the interests which she possesses in China, is interested in a peculiar degree politically as well as commercially and industrially in Korea, the High Contracting Parties recognize that it will be admissible for either of them to take such measures as may be indispensable in order to safeguard those interests if threatened either by the aggressive action of any other Power, or by disturbances arising in China or Korea, and necessitating the intervention of either of the High Contracting Parties for the protection of the lives and property of its subjects.

"Article 2: If either Great Britain or Japan, in the defense of their respective interests as above described, should become involved in war with another Power, the other High Contracting Party will maintain a strict neutrality, and use its efforts to prevent other Powers from joining in hostilities against its ally. "Article 3: If, in the above event, any other Power or Powers should join in hostilities against that ally, the other High Contracting Party will come to its assistance, and will conduct the war in common, and make peace in mutual agreement with it." [Italics added.]

This alliance envisaged the possibility of the necessity for taking “measures” which might involve one of the parties in war. Japan found its position sufficiently strengthened by the terms to the alliance to precipitate the RussoJapanese War in 1904.

6. The Russo-Japanese Convention of June 20/July 3, 1916

"Article 1: The two High Contracting Parties, recognizing that their vital interests demand that China should not fall under the political domination of any third Power hostile to Russia or Japan, will frankly and loyally enter into communication whenever circumstances may demand, and will agree upon the measures to be taken to prevent such a situation being brought about.

"Article 2: In the event that, in consequence of the measures taken by mutual agreement as provided in the preceding article, war should be declared between one of the Contracting Parties and one of the third Powers contemplated by the preceding article, the other Contracting Party will, upon the demand of its ally, come to its aid, and in that case each of the High Contracting Parties undertakes not to make peace without a previous agreement with the other Contracting Party." [Italics added.]

This secret convention envisaged the possibility that Russia or Japan might take "measures," based upon mutual agreement, which would lead to war with another power-probably the United States-over their interests in China. In this case, providing that sufficient cooperation was forthcoming from other allies, the other party to the convention would enter the war. The terms of the treaty did not require that either of the parties be attacked, the key article having been drafted in such a way that the measures precipitating the war might very well be aggressive measures.

7. The Soviet-German Treaty of Nonaggression of August 23, 1939

"Article 1: Both High Contracting Parties obligate themselves to desist from any act of violence, any aggressive action, and any attack on each other, either individually or jointly with other powers.

"Article 2: Should one of the High Contracting Parties become the object of belligerent action by a third power, the other High Contracting Party shall in no manner lend its support to this third power."

Secret Additional Protocol of August 23, 1939

"1. In the event of a territorial and political rearrangement in the areas belonging to the Baltic States (Finland, Estonia, Latvia, Lithuania), the northern boundary of Lithuania shall represent the boundary of the spheres of influence of Germany and the U. S. S. R. In this connection the interest of Lithuania in the Vilna area is recognized by each Party.

"2. In the event of a territorial and political rearrangement of the areas belonging to the Polish state the spheres of influence of Germany and the U. S. S. R. shall be bounded approximately by the line of the rivers Narew, Vistula, and San. "The question of whether the interests of both parties make desirable the maintenance of an independent Polish state and how such a state should be bounded can only be definitely determined in the course of further political developments." [Italics added.]

The published articles of this treaty provided merely that neither party would attack the other or lend its support to any power with which the other party might be at war. The secret additional protocol, however, envisaged major territorial "rearrangements" in eastern Europe which could take place only through Soviet or German aggressive action. These agreements led directly to the German and Soviet attacks on Poland in September 1939.

The North Atlantic Pact differs from the traditional military alliances of the past both in letter and in spirit. When one examines the terms of the North Atlantic Pact, there can be no doubt as to the character of the commitments undertaken. Specifically, the Pact forbids "the threat or use of force in any manner inconsistent with the purposes of the UN," and authorizes the use of force,

in accordance with the inherent right of collective self-defense expressly recognized and preserved by article 51 of the Charter, only when a nation has completely violated the obligations of the Charter by launching an armed attack on a Party to the Treaty, and only until the Security Council has taken the measures necessary to restore and maintain international peace and security.

The North Atlantic Treaty is entirely free from provisions directed toward territorial changes for the benefit of its signatories. It has no clauses recognizing special interests of certain signatories. It gives no nation a "free hand" to take unspecified "measures" likely to lead to hostilities. It contains no ambiguities or evasive generalities which could possibly sanction aggressive action on the part of one of the signatories in the expectation that the resulting conflict would constitute a casus foederis. The full text has been made public, and it has no secret additional protocols.

It is inconceivable that 12 nations, all predominantly democratic in organization, could or would negotiate any secret "deals" of the type associated with many traditional bilateral alliances and ententes. The size of the membership in the North Atlantic Pact is in itself a guaranty that the past, published to all the world, means precisely what it says.

The treaty contains no obligation to defend any territorial status quo. It does obligate the parties to assist in suppressing attempts to change the status quo by armed attack. It obligates the parties to defend the purposes and principles of the United Nations, the freedom, common heritage, and civilization of the parties and their free institutions, based upon the principles of democracy, individual liberty, and the rule of law. It obligates them to act in defense of peace and security. It is directed against no one; it is directed solely against aggression. It seeks not to influence any shifting "balance of power" but to strengthen the "balance of principle."

The North Atlantic and Rio Treaties represent developments in the concept of collective security. Like the United Nations Charter, they contemplate the use of armed force only as a last resort for the suppression of acts of aggression. The first purpose of the United Nations is stated in article 1 of the Charter as being "to maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression." Article 42 authorizes the Security Council to "take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security." Article 51 provides that "nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security."

In the words of former Secretary of State Byrnes:

"We have covenanted not to use force except in the defense of law as embodied in the purposes and principles of the Charter. We intend to live up to that covenant. But as a great power and as a permanent member of the Security Council we have a responsibility to use our influence to see that other powers live up to that covenant, and that responsibility we also intend to meet. Unless the great powers are prepared to act in the defense of law, the United Nations cannot prevent war. We must make it clear in advance that we intend to act to prevent aggression, making it clear at the same time that we will not use force for any other purpose."

The North Atlantic Treaty does exactly that. In Senator Connally's words the treaty constitutes not a military alliance but "an alliance against war itself."