With this object in view I wrote to him the following letter:

"_Hotel Crillon, Paris

"February_ 3, 1919

"My Dear Mr. President:

"I am deeply interested, as you know, in the const.i.tution and procedure of international courts of arbitration, and having partic.i.p.ated in five proceedings of this sort I feel that I can speak with a measure of authority.

"In the first place let me say that a tribunal, on which representatives of the litigants sit as judges, has not proved satisfactory even though the majority of the tribunal are nationals of other countries. However well prepared from experience on the bench to render strict justice, the litigants' arbitrators act in fact as advocates. As a consequence the neutral arbitrators are decidedly hampered in giving full and free expression to their views, and there is not that frank exchange of opinion which should characterize the conference of judges. It has generally resulted in a compromise, in which the nation in the wrong gains a measure of benefit and the nation in the right is deprived of a part of the remedy to which it is ent.i.tled. In fact an arbitration award is more of a political and diplomatic arrangement than it is a judicial determination. I believe that this undesirable result can be in large measure avoided by eliminating arbitrators of the litigant nations.

It is only in the case of monetary claims that these observations do not apply.

"Another difficulty has been the method of procedure before international tribunals. This does not apply to monetary claims, but to disputes arising out of boundaries, interpretation of treaties, national rights, etc. The present method of an exchange of cases and of counter-cases is more diplomatic than judicial, since it does not put the parties in the relation of complainant and defendant. This relation can in every case be established, if not by mutual agreement, then by some agency of the League of Nations charged with that duty. Until this reform of procedure takes place there will be no definition of issues, and arbitration will continue to be the long and elaborate proceeding it has been in the past.

"There is another practical obstacle to international arbitration as now conducted which ought to be considered, and that is the cost.

This obstacle does not affect wealthy nations, but it does prevent small and poor nations from resorting to it as a means of settling disputes. Just how this can be remedied I am not prepared to say, although possibly the international support of all arbitral tribunals might be provided. At any rate, I feel that something should be done to relieve the great expense which now prevents many of the smaller nations from resorting to arbitration.

"I would suggest, therefore, that the Peace Treaty contain a provision directing the League of Nations to hold a conference or to summon a conference to take up this whole matter and draft an international treaty dealing with the const.i.tution of arbitral tribunals and radically revising the procedure.

"On account of the difficulties of the subject, which do not appear on the surface, but which experience has shown to be very real, I feel that it would be impracticable to provide in the Peace Treaty too definitely the method of const.i.tuting arbitral tribunals. It will require considerable thought and discussion to make arbitration available to the poor as well as the rich, to make an award a judicial settlement rather than a diplomatic compromise, and to supersede the c.u.mbersome and prolonged procedure with its duplication of doc.u.ments and maps by a simple method which will settle the issues and materially shorten the proceedings which now unavoidably drag along for months, if not for years.

"Faithfully yours

"ROBERT LANSING

"THE PRESIDENT

"28 _Rue de Monceau_"

At the time that I sent this letter to Mr. Wilson I had not seen the revised draft of the Covenant which he laid before the Commission on the League of Nations. The probability is that, if I had seen it, the letter would not have been written, for in the revision of the original draft the objectionable Article V, relating to arbitration and appeals from arbitral awards, was omitted. In place of it there were subst.i.tuted two articles, 11 and 12, the first being an agreement to arbitrate under certain conditions and the other providing that "the Executive Council will formulate plans for the establishment of a Permanent Court of International Justice, and this Court will be competent to hear and determine any matter which the parties recognize as suitable for submission to it for arbitration."

Unadvised as to this change, which promised a careful consideration of the method of applying legal principles of justice to international disputes, I did not feel that I could let pa.s.s without challenge the unsatisfactory provisions of the President's original draft. Knowing the contempt which Mr. Wilson felt for The Hague Tribunal and his general suspicion of the justice of decisions which it might render, it seemed to me inexpedient to suggest that it should form the basis of a newly const.i.tuted judiciary, a suggestion which I should have made had I been dealing with any one other than President Wilson. In view of the intensity of the President's prejudices and of the uselessness of attempting to remove them, my letter was intended to induce him to postpone a determination of the subject until the problems which it presented could be thoroughly studied and a judicial system developed by an international body of representatives more expert in juridical matters than the Commission on the League of Nations, the American members of which were incompetent by training, knowledge, and practical experience to consider the subject.

No acknowledgment, either written or oral, was ever made of my letter of February 3. Possibly President Wilson considered it unnecessary to do so in view of the provision in his revised Covenant postponing discussion of the subject. At the time, however, I naturally a.s.sumed that my voluntary advice was unwelcome to him. His silence as to my communications, which seemed to be intended to discourage a continuance of them, gave the impression that he considered an uninvited opinion on any subject connected with the League of Nations an unwarranted interference with a phase of the negotiations which he looked upon as his own special province, and that comment or suggestion, which did not conform wholly to his views, was interpreted into opposition and possibly into criticism of him personally.

This judgment of the President's mental att.i.tude, which was formed at the time, may have been too harsh. It is possible that the shortness of time in which to complete the drafting of the report of the Commission on the League of Nations, upon which he had set his heart, caused him to be impatient of any criticism or suggestion which tended to interrupt his work or that of the Commission. It may have been that pressure for time prevented him from answering letters of the character of the one of February 3. Whatever the real reason was, the fact remains that the letter went unnoticed and the impression was made that it was futile to attempt to divert the President from the single purpose which he had in mind. His fidelity to his own convictions and his unswerving determination to attain what he sought are characteristics of Mr. Wilson which are sources of weakness as well as of strength. Through them success has generally crowned his efforts, success which in some instances has been more disastrous than failure would have been.

By what means the change of Article V of the original draft of the Covenant took place, I cannot say. In the memorandum of Messrs. Miller and Auchincloss no suggestion of a Court of International Justice appears, which seems to indicate that the provision in the revised draft did not originate with them or with Colonel House. In fact on more than one occasion I had mentioned arbitration to the Colonel and found his views on the subject extremely vague, though I concluded that he had almost as poor an opinion of The Hague Tribunal as did the President.

The probability is that the change was suggested to Mr. Wilson by one of the foreign statesmen in a personal interview during January and that upon sounding others he found that they were practically unanimous in favor of a Permanent Court of Justice. As a matter of policy it seemed wise to forestall amendment by providing for its future establishment.

If this is the true explanation, Article 12 was not of American origin, though it appears in the President's revised draft.

To be entirely frank in stating my views in regard to Mr. Wilson's att.i.tude toward international arbitration and its importance in a plan of world organization, I have always been and still am skeptical of the sincerity of the apparent willingness of the President to accept the change which was inserted in his revised draft. It is difficult to avoid the belief that Article V of the original draft indicated his true opinion of the application of legal principles to controversies between nations. That article, by depriving an arbitral award of finality and conferring the power of review on a political body with authority to order a rehearing, shows that the President believed that more complete justice would be rendered if the precepts and rules of international law were in a measure subordinated to political expediency and if the judges were not permitted to view the questions solely from the standpoint of legal justice. There is nothing that occurred, to my knowledge, between the printing of the original draft of the Covenant and the printing of the revised draft, which indicated a change of opinion by the President.

It may be that this is a misinterpretation of Mr. Wilson's att.i.tude, and that the change toward international arbitration was due to conviction rather than to expediency; but my belief is that expediency was the sole cause.

CHAPTER XII

REPORT OF COMMISSION ON LEAGUE OF NATIONS

The Commission on the League of Nations, over which President Wilson presided, held ten meetings between February 3 and February 14, on which latter day it submitted a report at a plenary session of the Conference on the Preliminaries of Peace. The report was presented by the President in an address of exceptional excellence which made a deep impression on his hearers. His dignity of manner, his earnestness, and his logical presentation of the subject, clothed as it was in well-chosen phrases, unquestionably won the admiration of all, even of those who could not reconcile their personal views with the Covenant, as reported by the Commission. It was a masterly effort, an example of literary rather than emotional oratory, peculiarly fitting to the occasion and to the temper and intellectual character of the audience.

Considering the brief time given to its discussion in the Commission and the necessary haste required to complete the doc.u.ment before the President's departure, the Covenant as reported to the Conference was a creditable piece of work. Many of the more glaring errors of expression and some of the especially objectionable features of the President's revised draft were eliminated. There were others which persisted, but the improvement was so marked that the gross defects in word and phrase largely disappeared. If one accepted the President's theory of organization, there was little to criticize in the report, except a certain inexactness of expression which indicated a lack of technical knowledge on the part of those who put the Covenant into final form. But these crudities and ambiguities of language would, it was fair to presume, disappear if the articles pa.s.sed through the hands of drafting experts.

Fundamentally, however, the Covenant as reported was as wrong as the President's original draft, since it contained the affirmative guaranty of political independence and territorial integrity, the primacy of the Five Great Powers on the Executive Council, and the perplexing and seemingly unsound system of mandates. In this I could not willingly follow President Wilson, but I felt that I had done all that I could properly do in opposition to his theory. The responsibility of decision rested with him and he had made his decision. There was nothing more to be said.

On the evening of the day of the plenary session, at which the report of the League of Nations was submitted, the President left Paris for Brest where the George Washington was waiting to convey him to the United States. He carried with him the report of the Commission, whose deliberations and decisions he had so manifestly dominated. He went prepared to meet his political antagonists and the enemies of the League, confidently believing that he could win a popular support that would silence the opposition which had been increasingly manifest in the Halls of Congress and in some of the Republican newspapers which declined to follow Mr. Taft, Mr. Wickersham, Mr. Straus, and other influential Republican members of the League to Enforce Peace.

During the ten days preceding February 14, when the Commission on the League of Nations held daily sessions, the President had no conferences with the American Commissioners except, of course, with Colonel House, his American colleague on the Commission on the League. On the morning of the 14th, however, he called a meeting of the Commissioners and delivered to them the printed report which was to be presented that afternoon to the plenary session. As the meetings of the Commission on the League of Nations had been secret, the American Commissioners, other than Colonel House, were almost entirely ignorant of the proceedings and of the progress being made. Colonel House's office staff knew far more about it than did Mr. White, General Bliss, or I. When the President delivered the report to the Commissioners they were, therefore, in no position to express an opinion concerning it. The only remarks were expressions of congratulation that he had been able to complete the work before his departure. They were merely complimentary. As to the merits of the doc.u.ment nothing was or could be said by the three Commissioners, since no opportunity had been given them to study it, and without a critical examination any comment concerning its provisions would have been worthless. I felt and I presume that my two colleagues, who had not been consulted as to the work of the Commission on the League, felt, that it was, in any event, too late to offer suggestions or make criticisms. The report was in print; it was that afternoon to be laid before the Conference; in twelve hours the President would be on his way to the United States. Clearly it would have been useless to find fault with the report, especially if the objections related to the fundamental ideas of the organization which it was intended to create. The President having in the report declared the American policy, his commissioned representatives were bound to acquiesce in his decision whatever their personal views were. Acquiescence or resignation was the choice, and resignation would have undoubtedly caused an unfortunate, if not a critical, situation. In the circ.u.mstances acquiescence seemed the only practical and proper course.

The fact that in ten meetings and in a week and a half a Commission composed of fifteen members, ten of whom represented the Five Great Powers and five of whom represented the lesser powers (to which were later added four others), completed the drafting of a detailed plan of a League of Nations, is sufficient in itself to raise doubts as to the thoroughness with which the work was done and as to the care with which the various plans and numerous provisions proposed were studied, compared, and discussed. It gives the impression that many clauses were accepted under the pressing necessity of ending the Commission's labors within a fixed time. The doc.u.ment itself bears evidence of the haste with which it was prepared, and is almost conclusive proof in itself that it was adopted through personal influence rather than because of belief in the wisdom of all its provisions.

The Covenant of the League of Nations was intended to be the greatest international compact that had ever been written. It was to be the _Maxima Charta_ of mankind securing to the nations their rights and liberties and uniting them for the preservation of universal peace. To harmonize the conflicting views of the members of the Commission--and it was well known that they were conflicting--and to produce in eleven days a world charter, which would contain the elements of greatness or even of perpetuity, was on the face of it an undertaking impossible of accomplishment. The doc.u.ment which was produced sufficiently establishes the truth of this a.s.sertion.

It required a dominant personality on the Commission to force through a detailed plan of a League in so short a time. President Wilson was such a personality. By adopting the scheme of an oligarchy of the Great Powers he silenced the dangerous opposition of the French and British members of the Commission who willingly pa.s.sed over minor defects in the plan provided this Concert of Powers, this Quintuple Alliance, was incorporated in the Covenant. And for the same reason it may be a.s.sumed the j.a.panese and Italians found the President's plan acceptable. Mr.

Wilson won a great personal triumph, but he did so by surrendering the fundamental principle of the equality of nations. In his eagerness to "make the world safe for democracy" he abandoned international democracy and became the advocate of international autocracy.

It is not my purpose to a.n.a.lyze the provisions of the Covenant which was submitted to the Conference on the Preliminaries of Peace on February 14, 1919. My objections to it have been sufficiently discussed in the preceding pages. It would be superfluous to repeat them. The innumerable published articles and the endless debates on the Covenant have brought out its good features as well as its defects. Unfortunately for the opponents and defenders of the doc.u.ment alike some of the objections urged have been flagrantly unjustifiable and based on false premises and misstatements of fact and of law, which seem to show political motives and not infrequently personal animosity toward Mr. Wilson. The exaggerated statements and unfair arguments of some of the Senators, larded, as they often were, with caustic sarcasm and vindictive personalities, did much to prevent an honest and useful discussion of the merits and demerits of the Covenant.

The effect upon President Wilson of this campaign against him personally--and it seems to me that it would have had the same effect upon any man of spirit--was to arouse his indignation. Possibly a less stubborn man would not have a.s.sumed so uncompromising an att.i.tude as he did or have permitted his ire to find expression in threats, but it cannot be denied that there was provocation for the resentment which he exhibited. The President has been blamed for not having sought more constantly to placate the opponents of the Covenant and to meet them on a common ground of compromise, especially during his visit to the United States in February, 1919. From the point of view of policy there is justice in blaming him, but, when one considers the personal animus shown and the insolent tone a.s.sumed by some of his critics, his conduct was very human; not wise, but human. Mr. Wilson had never shown a spirit of conciliation in dealing with those who opposed him. Even in the case of a purely political question he appeared to consider opposition to be a personal affront and he was disposed to retaliate in a personal way.

In a measure this explains the personal enmity of many of his political foes. I think that it is not unjust to say that President Wilson was stronger in his hatreds than in his friendships. He seemed to lack the ability to forgive one who had in any way offended him or opposed him.

Believing that much of the criticism of the Covenant was in reality criticism of him as its author, a belief that was in a measure justified, the President made it a personal matter. He threatened, in a public address delivered in the New York Opera House on the eve of his departure for France, to force the Republican majority to accept the Covenant by interweaving the League of Nations into the terms of peace to such an extent that they could not be separated, so that, if they rejected the League, they would be responsible for defeating the Treaty and preventing a restoration of peace. With the general demand for peace this seemed no empty threat, although the propriety of making it may be questioned. It had, however, exactly the opposite effect from that which the President intended. Its utterance proved to be as unwise as it was ineffective. The opposition Senators resented the idea of being coerced.

They became more than ever determined to defeat a President whom they charged with attempting to disregard and nullify the right of the Senate to exercise independently its const.i.tutional share in the treaty-making power. Thus at the very outset of the struggle between the President and the Senate a feeling of hostility was engendered which continued with increasing bitterness on both sides and prevented any compromise or concession in regard to the Covenant as it finally appeared in the Treaty of Versailles.

When President Wilson returned to Paris after the adjournment of the Sixty-Fifth Congress on March 4, 1919, he left behind him opponents who were stronger and more confident than they were when he landed ten days before. While his appeal to public opinion in favor of the League of Nations had been to an extent successful, there was a general feeling that the Covenant as then drafted required amendment so that the sovereign rights and the traditional policies of the United States should be safeguarded. Until the doc.u.ment was amended it seemed that the opposition had the better of the argument with the people. Furthermore, when the new Congress met, the Republicans would have a majority in the Senate which was of special importance in the matter of the Treaty which would contain the Covenant, because it would, when sent to the Senate, be referred to the Committee on Foreign Relations to report on its ratification and a majority of that Committee, under a Republican organization, would presumably be hostile to the plan for a League advocated by the President. The Committee could hinder and possibly prevent the acceptance of the Covenant, while it would have the opportunity to place the opposition's case in a favorable light before the American people and to attack the President's conduct of the negotiations at Paris.

I believe that the President realized the loss of strategic position which he had sustained by the Democratic defeat at the polls in November, 1918, but was persuaded that, by making certain alterations in the Covenant suggested by Republicans favorable to the formation of a League, and especially those advocating a League to Enforce Peace, he would be able to win sufficient support in the Senate and from the people to deprive his antagonists of the advantage which they had gained by the elections. This he sought to do on his return to Paris about the middle of March. If the same spirit of compromise had been shown while he was in America it would doubtless have gone far to weaken hostility to the Covenant. Unfortunately for his purpose he a.s.sumed a contrary att.i.tude, and in consequence the sentiment against the League was crystallized and less responsive to the concessions which the President appeared willing to make when the Commission on the League of Nations resumed its sittings, especially as the obnoxious Article 10 remained intact.

In the formulation of the amendments to the Covenant, which were incorporated in it after the President's return from the United States and before its final adoption by the Conference, I had no part and I have no reason to think that Mr. White or General Bliss shared in the work. As these amendments or modifications did not affect the theory of organization or the fundamental principles of the League, they in no way changed my views or lessened the differences between the President's judgment and mine. Our differences were as to the bases and not as to the details of the Covenant. Since there was no disposition to change the former we were no nearer an agreement than we were in January.

The President's visit to the United States had been disappointing to the friends of a League in that he had failed to rally to the support of the Covenant an overwhelming popular sentiment in its favor which the opposition in the Senate could not resist. The natural reaction was that the peoples of Europe and their statesmen lost a measure of their enthusiasm and faith in the project. Except in the case of a few idealists, there was a growing disposition to view it from the purely practical point of view and to speculate on its efficacy as an instrument to interpret and carry out the international will. Among the leaders of political thought in the princ.i.p.al Allied countries, the reports of the President's reception in the United States were sufficiently conflicting to arouse doubt as to whether the American people were actually behind him in his plan for a League, and this doubt was not diminished by his proposed changes in the Covenant, which indicated that he was not in full control of the situation at home.

Two weeks after the President had resumed his duties as a negotiator and had begun the work of revising the Covenant, I made a memorandum of my views as to the situation that then existed. The memorandum is as follows:

"_March_ 25, 1919

"With the increasing military preparations and operations throughout Eastern Europe and the evident purpose of all these quarreling nations to ignore any idea of disarmament and to rely upon force to obtain and retain territory and rights, the League of Nations is being discussed with something like contempt by the cynical, hard-headed statesmen of those countries which are being put on a war-footing. They are cautious and courteous out of regard for the President. I doubt if the truth reaches him, but it comes to me from various sources.

"These men say that in theory the idea is all right and is an ideal to work toward, but that under present conditions it is not practical in preventing war. They ask, what nation is going to rely on the guaranty in the Covenant if a jealous or hostile neighbor maintains a large army. They want to know whether it would be wise or not to disarm under such conditions. Of course the answers are obvious. But, if the guaranty is not sufficient, or accepted as sufficient, protection, what becomes of the central purpose of the League and the chief reason for creating it?

"I believe that the President and Colonel House see this, though they do not admit it, and that to save the League from being cast into the discard they will attempt to make of it a sort of international agency to do certain things which would normally be done by independent international commissions. Such a course would save the League from being still-born and would so interweave it with the terms of peace that to eliminate it would be to open up some difficult questions.

"Of course the League of Nations as originally planned had one supreme object and that was to prevent future wars. That was substantially all that it purposed to do. Since then new functions have been gradually added until the chief argument for the League's existence has been almost lost to sight. The League has been made a convenient 'catch-all' for all sorts of international actions. At first this was undoubtedly done to give the League something to do, and now it is being done to save it from extinction or from being ignored.

"I am not denying that a common international agent may be a good thing. In fact the plan has decided merit. But the organization of the League does not seem to me suitable to perform efficiently and properly these new functions.