CHAPTER VI

THE PRESIDENT'S PLAN AND THE CECIL PLAN

I immediately began an examination and analysis of the President's plan

for a League, having in mind Colonel House's suggestion that I consider

a way to modify it so that it would harmonize with my views. The more I

studied the document, the less I liked it. A cursory reading of the

plan, which is printed in the Appendix (page 281), will disclose the

looseness of the language and the doubtful interpretation of many of the

provisions. It showed an inexpertness in drafting and a fault in

expression which were chargeable to lack of appreciation of the need of

exactness or else to haste in preparation. This fault in the paper,

which was very apparent, could, however, be cured and was by no means a

fatal defect. As a matter of fact, the faults of expression were to a

certain extent removed by subsequent revisions, though some of the

vagueness and ambiguity of the first draft persisted and appeared in the

final text of the Covenant.

The more serious defects of the plan were in the principles on which it

was based and in their application under the provisions of the articles

proposed. The contemplated use of force in making good the guaranty of

sovereign rights and the establishment of a primacy of the Great Powers

were provided for in language which was sufficiently explicit to admit

of no denial. In my opinion these provisions were entirely out of

harmony with American ideals, policies, and traditions. Furthermore, the

clauses in regard to arbitration and appeals from arbitral awards, to

which reference has been made, the lack of any provision for the

establishment of a permanent international judiciary, and the

introduction of the mandatory system were strong reasons to reject the

President's plan.

It should be borne in mind that, at the time that this document was

placed in my hands, the plan of General Smuts for a League of Nations

had, as I have said, been printed in the press and in pamphlet form and

had been given wide publicity. In the Smuts plan, which gave first place

to the system of mandates, appeared the declaration that the League of

Nations was to acquire the mandated territories as "the heir of the

Empires." This clever and attractive phrase caught the fancy of the

President, as was evident from his frequent repetition and approval of

it in discussing mandates under the League. Just as General Smuts had

adopted the President's "self-determination," Mr. Wilson seized upon the

Smuts idea with avidity and incorporated it in his plan. It

unquestionably had a decided influence upon his conception of the right

way to dispose of the colonial possessions of Germany and of the proper

relation of the newly created European states to the League of Nations.

As an example of the way in which President Wilson understood and

applied General Smuts's phrase to the new states, I quote the following

from the "Supplementary Agreements" forming part of the first printed

draft of the President's Covenant, but which I believe were added to the

typewritten draft after the President had examined the plan of the South

African statesman:

"As successor to the Empires, the League of Nations is empowered,

directly and without right of delegation, to watch over the relations

_inter se_ of all new independent states arising or created out of

the Empires, and shall assume and fulfill the duty of conciliating

and composing differences between them with a view to the maintenance

of settled order and the general peace."

There is a natural temptation to a student of international agreements

to analyze critically the composition and language of this provision,

but to do so would in no way advance the consideration of the subject

under discussion and would probably be interpreted as a criticism of the

President's skill in accurately expressing his thoughts, a criticism

which it is not my purpose to make.

Mr. Wilson's draft also contained a system of mandates over territories

in a form which was, to say the least, rudimentary if not inadequate. By

the proposed system the League of Nations, as "the residuary trustee,"

was to take sovereignty over "the peoples and territories" of the

defeated Empires and to issue a mandate to some power or powers to

exercise such sovereignty. A "residuary trustee" was a novelty in

international relations sufficient to arouse conjecture as to its

meaning, but giving to the League the character of an independent state

with the capacity of possessing sovereignty and the power to exercise

sovereign rights through a designated agent was even more extraordinary.

This departure from the long accepted idea of the essentials of

statehood seemed to me an inexpedient and to a degree a dangerous

adventure. The only plausible excuse for the proposal seemed to be a

lack of knowledge as to the nature of sovereignty and as to the

attributes inherent in the very conception of a state. The character of

a mandate, a mandatory, and the authority issuing the mandate presented

many legal perplexities which certainly required very careful study

before the experiment was tried. Until the system was fully worked out

and the problems of practical operation were solved, it seemed to me

unwise to suggest it and still more unwise to adopt it. While the

general idea of mandates issuing from the proposed international

organization was presumably acceptable to the President from the first,

his support was doubtless confirmed by the fact that it followed the

groove which had been made in his mind by the Smuts phrase "the heir of

the Empires."

In any event it seemed to me the course of wise statesmanship to

postpone the advocacy of mandates, based on the assumption that the

League of Nations could become the possessor of sovereignty, until the

practical application of the theory could be thoroughly considered from

the standpoint of international law as well as from the standpoint of

policy. The experiment was too revolutionary to be tried without

hesitation and without consideration of the effect on established

principles and usage. At an appropriate place this subject will be more

fully discussed.

As to the organization and functions of the League of Nations planned by

Mr. Wilson there was little that appealed to one who was opposed to the

employment of force in compelling the observance of international

obligations and to the establishment of an international oligarchy of

the Great Powers to direct and control world affairs. The basic

principle of the plan was that the strong should, as a matter of right

recognized by treaty, possess a dominant voice in international

councils. Obviously the principle of the equality of nations was ignored

or abandoned. In the face of the repeated declarations of the Government

of the United States in favor of the equality of independent states as

to their rights in times of peace, this appeared to be a reversal of

policy which it would be difficult, if not impossible, to explain in a

satisfactory way. Personally I could not subscribe to this principle

which was so destructive of the American theory of the proper relations

between nations.

It was manifest, when I read the President's plan, that there was no

possible way to harmonize my ideas with it. They were fundamentally

different. There was no common basis on which to build. To attempt to

bring the two theories into accord would have been futile. I, therefore,

told Colonel House that it was useless to try to bring into accord the

two plans, since they were founded on contradictory principles and that

the only course of procedure open to me was to present my views to the

President in written form, hoping that he would give them consideration,

although fearing that his mind was made up, since he had ordered his

plan to be printed.

In the afternoon of the same day (January 7), on which I informed the

Colonel of the impossibility of harmonizing and uniting the two plans,

President Wilson held a conference with the American Commissioners

during which he declared that he considered the affirmative guaranty

absolutely necessary to the preservation of future peace and the only

effective means of preventing war. Before this declaration could be

discussed M. Clemenceau was announced and the conference came to an end.

While the President did not refer in any way to the "self-denying

covenant" which I had proposed as a substitute, it seemed to me that he

intended it to be understood that the substitute was rejected, and that

he had made the declaration with that end in view. This was the nearest

approach to an answer to my letter of December 23 that I ever received.

Indirect as it was the implication was obvious.

Although the settled purpose of the President to insist on his form of

mutual guaranty was discouraging and his declaration seemed to be

intended to close debate on the subject, I felt that no effort should be

spared to persuade him to change his views or at least to leave open an

avenue for further consideration. Impelled by this motive I gave to the

President the articles which I had drafted and asked him if he would be

good enough to read them and consider the principles on which they were

based. The President with his usual courtesy of manner smilingly

received them. Whether or not he ever read them I cannot state

positively because he never mentioned them to me or, to my knowledge, to

any one else. I believe, however, that he did read them and realized

that they were wholly opposed to the theory which he had evolved,

because from that time forward he seemed to assume that I was hostile to

his plan for a League of Nations. I drew this conclusion from the fact

that he neither asked my advice as to any provision of the Covenant nor

discussed the subject with me personally. In many little ways he showed

that he preferred to have me direct my activities as a Commissioner into

other channels and to keep away from the subject of a League. The

conviction that my counsel was unwelcome to Mr. Wilson was, of course,

not formed at the time that he received the articles drafted by me. It

only developed after some time had elapsed, during which incidents took

place that aroused a suspicion which finally became a conviction.

Possibly I was over-sensitive as to the President's treatment of my

communications to him. Possibly he considered my advice of no value,

and, therefore, unworthy of discussion. But, in view of his letter of

February 11, 1920, it must be admitted that he recognized that I was

reluctant in accepting certain of his views at Paris, a recognition

which arose from my declared opposition to them. Except in the case of

the Shantung settlement, there was none concerning which our judgments

were so at variance as they were concerning the League of Nations. I

cannot believe, therefore, that I was wrong in my conclusion as to

his attitude.

On the two days succeeding the one when I handed the President my draft

of articles I had long conferences with Lord Robert Cecil and Colonel

House. Previous to these conferences, or at least previous to the second

one, I examined Lord Robert's plan for a League. His plan was based on

the proposition that the Supreme War Council, consisting of the Heads of

States and the Secretaries and Ministers of Foreign Affairs of the Five

Great Powers, should be perpetuated as a permanent international body

which should meet once a year and discuss subjects of common interest.

That is, he proposed the formation of a Quintuple Alliance which would

constitute itself primate over all nations and the arbiter in world

affairs, a scheme of organization very similar to the one proposed by

General Smuts.

Lord Robert made no attempt to disguise the purpose of his plan. It was

intended to place in the hands of the Five Powers the control of

international relations and the direction in large measure of the

foreign policies of all nations. It was based on the power to compel

obedience, on the right of the powerful to rule. Its chief merit was its

honest declaration of purpose, however wrong that purpose might appear

to those who denied that the possession of superior might conferred

special rights upon the possessor. It seemed to provide for a rebirth of

the Congress of Vienna which should be clothed in the modern garb of

democracy. It could only be interpreted as a rejection of the principle

of the equality of nations. Its adoption would mean that the destiny of

the world would be in the hands of a powerful international oligarchy

possessed of dictatorial powers.

There was nothing idealistic in the plan of Lord Robert Cecil, although

he was reputed to be an idealist favoring a new international order. An

examination of his plan (Appendix) shows it to be a substantial revival

of the old and discredited ideas of a century ago. There could be no

doubt that a plan of this sort, materialistic and selfish as it was,

would win the approval and cordial support of M. Clemenceau, since it

fitted in with his public advocacy of the doctrine of "the balance of

power." Presumably the Italian delegates would not be opposed to a

scheme which gave Italy so influential a voice in international affairs,

while the Japanese, not averse to this recognition of their national

power and importance, would unquestionably favor an alliance of this

nature. I think that it is fair to assume that all of the Five Great

Powers would have readily accepted the Cecil plan--all except the

United States.

This plan, however, did not meet with the approval of President Wilson,

and his open opposition to it became an obstacle which prevented its

consideration in the form in which it was proposed. It is a matter of

speculation what reasons appealed to the President and caused him to

oppose the plan, although the principle of primacy found application in

a different and less radical form in his own plan of organization.

Possibly he felt that the British statesman's proposal too frankly

declared the coalition and oligarchy of the Five Powers, and that there

should be at least the appearance of cooperation on the part of the

lesser nations. Of course, in view of the perpetual majority of the Five

Powers on the Executive Council, as provided in the President's plan,

the primacy of the Five was weakened little if at all by the minority

membership of the small nations. The rule of unanimity gave to each

nation a veto power, but no one believed that one of the lesser states

represented on the Council would dare to exercise it if the Great Powers

were unanimous in support of a proposition. In theory unanimity was a

just and satisfactory rule; in practice it would amount to nothing. The

President may also have considered the council proposed by Lord Robert

to be inexpedient in view of the political organization of the United

States. The American Government had no actual premier except the

President, and it seemed out of the question for him to attend an annual

meeting of the proposed council. It would result in the President

sending a personal representative who would unavoidably be in a

subordinate position when sitting with the European premiers. I think

this latter reason was a very valid one, but that the first one, which

seemed to appeal especially to the President, had little real merit.

In addition to his objection to the Cecil plan of administration,

another was doubtless of even greater weight to Mr. Wilson and that was

the entire omission in the Cecil proposal of the mutual guaranty of

political independence and territorial integrity. The method of

preventing wars which was proposed by Lord Robert was for the nations to

enter into a covenant to submit disputes to international investigation

and to obtain a report before engaging in hostilities and also a

covenant not to make war on a disputant nation which accepted a report

which had been unanimously adopted. He further proposed that the members

of the League should undertake to regard themselves as _ipso facto_ at

war with a member violating these covenants and "to take, jointly and

severally, appropriate military, economic, and other measures against

the recalcitrant State," thus following closely the idea of the League

to Enforce Peace.

Manifestly this last provision in the Cecil plan was open to the same

constitutional objections as those which could be raised against the

President's mutual guaranty. My impression is that Mr. Wilson's

opposition to the provision was not based on the ground that it was in

contravention of the Constitution of the United States, but rather on

the ground that it did not go far enough in stabilizing the terms of

peace which were to be negotiated. The President was seeking permanency

by insuring, through the threat or pressure of international force, a

condition of changelessness in boundaries and sovereign rights, subject,

nevertheless, to territorial changes based either on the principle of

"self-determination" or on a three-fourths vote of the Body of

Delegates. He, nevertheless, discussed the subject with Lord Robert

Cecil prior to laying his draft of a Covenant before the American

Commissioners, as is evident by comparing it with the Cecil plan, for

certain phrases are almost identical in language in the two documents.

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