CHAPTER IX

A RESOLUTION INSTEAD OF THE COVENANT

As it seemed advisable, in view of the incident of January 10, to have

nothing to do with the drafting of the Covenant unless the entire theory

was changed, the fact that there prevailed at that time a general belief

that a preliminary treaty of peace would be negotiated in the near

future invited an effort to delay the consideration of a complete and

detailed charter of the League of Nations until the definitive treaty or

a separate treaty dealing with the League alone was considered. As delay

would furnish time to study and discuss the subject and prevent hasty

acceptance of an undesirable or defective plan, it seemed to me that the

advisable course to take was to limit reference to the organization in

the preliminary treaty to general principles.

The method that I had in mind in carrying out this policy was to secure

the adoption, by the Conference on the Preliminaries of Peace, of a

resolution embodying a series of declarations as to the creation, the

nature, and the purposes of a League of Nations, which declarations

could be included in the preliminary treaty of peace accompanied by an

article providing for the negotiation of a detailed plan based on these

declarations at the time of the negotiation of the definitive treaty or

else by an article providing for the summoning of a world congress, in

which all nations, neutrals as well as belligerents, would be

represented and have a voice in the drafting of a convention

establishing a League of Nations in accordance with the general

principles declared in the preliminary treaty. Personally I preferred a

separate treaty, but doubted the possibility of obtaining the assent of

the Conference to that plan because some of the delegates showed a

feeling of resentment toward certain neutral nations on account of their

attitude during the war, while the inclusion of the four powers which

had formed the Central Alliance seemed almost out of the question.

In addition to the advantage to be gained by postponing the

determination of the details of the organization until the theory, the

form, the purposes and the powers of the proposed League could be

thoroughly considered, it would make possible the speedy restoration of

a state of peace. There can be no doubt that peace at the earliest

possible moment was the supreme need of the world. The political and

social chaos in the Central Empires, due to the overthrow of their

strong autocratic governments and the prevailing want, suffering, and

despair, in which the war had left their peoples, offered a fertile

field for the pernicious doctrines of Bolshevism to take root and

thrive. A proletarian revolution seemed imminent. The Spartacists in

Germany, the Radical Socialists in Austria, and the Communists in

Hungary were the best organized and most vigorous of the political

groups in those countries and were conducting an active and seemingly

successful propaganda among the starving and hopeless masses, while the

Russian duumvirs, Lenine and Trotsky, were with funds and emissaries

aiding these movements against established authority and social order.

Eastern Europe seemed to be a volcano on the very point of eruption.

Unless something was speedily done to check the peril, it threatened to

spread to other countries and even to engulf the very foundations of

modern civilization.

A restoration of commercial relations and of normal industrial

conditions through the medium of a treaty of peace appeared to offer the

only practical means of resisting these movements and of saving Europe

from the horrors of a proletarian despotism which had brought the

Russian people to so low a state. This was the common judgment of those

who at that time watched with increasing impatience the slow progress of

the negotiations at Paris and with apprehension the political turmoil in

the defeated and distracted empires of Central Europe.

An immediate restoration of peace was, as I then saw it, of vital

importance to the world as it was the universal demand of all mankind.

To delay it for the purpose of completing the organization of a League

of Nations or for any other purpose than the formulation of terms

essential to peace seemed to me to be taking a risk as to the future

wholly unwarranted by the relative importance of the subjects. There is

no question, in the light of subsequent events, that the peoples of the

Central Empires possessed a greater power of resistance to the

temptations of lawlessness and disorder than was presumed in the winter

of 1918-19. And yet it was a critical time. Anything might have

happened. It would have taken very little to turn the scale. What

occurred later cannot excuse the delay in making peace. It was not wise

statesmanship and foresight that saved the world from a great

catastrophe but the fortunate circumstance that a people habituated to

obedience were not led astray by the enemies of the existing order.

Of the importance of negotiating a peace without waiting to complete a

detailed plan for a League of Nations I was firmly convinced in those

early days at Paris, and I know that the President's judgment as to this

was contrary to mine. He considered--at least his course can only be so

interpreted--that the organization of a League in all its details was

the principal task to be accomplished by the Conference, a task that he

felt must be completed before other matters were settled. The conclusion

is that the necessity of an immediate peace seemed to him subordinate to

the necessity of erecting an international agency to preserve the peace

when it was restored. In fact one may infer that the President was

disposed to employ the general longing for peace as a means of exerting

pressure on the delegates in Paris and on their Governments to accept

his plan for a League. It is generally believed that objections to

certain provisions of the Covenant were not advanced or, if advanced,

were not urged because the discussion of objections would mean delay in

negotiating the peace.

Mr. Wilson gave most of his time and thought prior to his departure for

the United States in February, 1919, to the revision of the plan of

organization which he had prepared and to the conversion of the more

influential members of the Conference to its support. While other

questions vital to a preliminary peace treaty were brought up in the

Council of Ten, he showed a disposition to keep them open and to avoid

their settlement until the Covenant had been reported to the Conference.

In this I could not conscientiously follow him. I felt that the policy

was wholly wrong since it delayed the peace.

Though recognizing the President's views as to the relative importance

of organizing a League and of restoring peace without delay, and

suspecting that he purposed to use the impatience and fear of the

delegates to break down objections to his plan of organization, I still

hoped that the critical state of affairs in Europe might induce him to

adopt another course. With that hope I began the preparation of a

resolution to be laid before the Conference, which, if adopted, would

appear in the preliminary treaty in the form of declarations which would

constitute the bases of a future negotiation regarding a League

of Nations.

At a conference on January 20 between the President and the American

Commissioners, all being present except Colonel House, I asked the

President if he did not think that, in view of the shortness of time

before he would be compelled to return to Washington on account of the

approaching adjournment of Congress, it would be well to prepare a

resolution of this sort and to have it adopted in order that it might

clear the way for the determination of other matters which should be

included in a preliminary treaty. From the point of view of policy I

advanced the argument that a series of declarations would draw the fire

of the opponents and critics of the League and would give opportunity

for an expression of American public opinion which would make possible

the final drafting of the charter of a League in a way to win the

approval of the great mass of the American people and in all probability

insure approval of the Covenant by the Senate of the United States.

In reviewing what took place at this conference I realize now, as I did

not then, that it was impolitic for me to have presented an argument

based on the assumption that changes in the President's plan might be

necessary, as he might interpret my words to be another effort to revise

the theory of his plan. At the time, however, I was so entirely

convinced of the expediency of this course, from the President's own

point of view as well as from the point of view of those who gave first

place to restoring peace, that I believed he would see the advantage to

be gained and would adopt the course suggested. I found that I was

mistaken. Mr. Wilson without discussing the subject said that he did not

think that a resolution of that sort was either necessary or advisable.

While this definite rejection of the proposal seemed to close the door

to further effort in that direction, I decided to make another attempt

before abandoning the plan. The next afternoon (January 21) at a meeting

of the Council of Ten, the discussion developed in a way that gave me an

excuse to present the proposal informally to the Council. The advantages

to be gained by adopting the suggested action apparently appealed to the

members, and their general approval of it impressed the President, for

he asked me in an undertone if I had prepared the resolution. I replied

that I had been working upon it, but had ceased when he said to me the

day before that he did not think it necessary or advisable, adding that

I would complete the draft if he wished me to do so. He said that he

would be obliged to me if I would prepare one.

Encouraged by the support received in the Council and by the seeming

willingness of the President to give the proposal consideration, I

proceeded at once to draft a resolution.

The task was not an easy one because it would have been useless to

insert in the document any declaration which seemed to be contradictory

of the President's theory of an affirmative guaranty or which was not

sufficiently broad to be interpreted in other terms in the event that

American public opinion was decidedly opposed to his theory, as I felt

that it would be. It was also desirable, from my point of view, that the

resolution should contain a declaration in favor of the equality of

nations or one which would prevent the establishment of an oligarchy of

the Great Powers, and another declaration which would give proper place

to the administration of legal justice in international disputes.

The handicaps and difficulties under which I labored are manifest, and

the resolution as drafted indicates them in that it does not express as

clearly and unequivocally as it would otherwise do the principles which

formed the bases of the articles which I handed to the President on

January 7 and which have already been quoted _in extenso_.

The text of the resolution, which was completed on the 22d, reads as

follows:

"_Resolved_ that the Conference makes the following declaration:

"That the preservation of international peace is the standing policy

of civilization and to that end a league of nations should be

organized to prevent international wars;

"That it is a fundamental principle of peace that all nations are

equally entitled to the undisturbed possession of their respective

territories, to the full exercise of their respective sovereignties,

and to the use of the high seas as the common property of all

peoples; and

"That it is the duty of all nations to engage by mutual covenants--

"(1) To safeguard from invasion the sovereign rights of one another;

"(2) To submit to arbitration all justiciable disputes which fail of

settlement by diplomatic arrangement;

"(3) To submit to investigation by the league of nations all

non-justiciable disputes which fail of settlement by diplomatic

arrangement; and

"(4) To abide by the award of an arbitral tribunal and to respect a

report of the league of nations after investigation;

"That the nations should agree upon--

"(1) A plan for general reduction of armaments on land and sea;

"(2) A plan for the restriction of enforced military service and the

governmental regulation and control of the manufacture and sale of

munitions of war;

"(3) Full publicity of all treaties and international agreements;

"(4) The equal application to all other nations of commercial and

trade regulations and restrictions imposed by any nation; and

"(5) The proper regulation and control of new states pending complete

independence and sovereignty."

This draft of a resolution was discussed with the other American

Commissioners, and after some changes of a more or less minor character

which it seemed advisable to make because of the appointment of a

Commission on the League of Nations at a plenary session of the

Conference on January 25, of which Commission President Wilson and

Colonel House were the American members, I sent the draft to the

President on the 31st, four days before the Commission held its first

meeting in Colonel House's office at the Hotel Crillon.

As the Sixty-Fifth Congress would come to an end on March 4, and as the

interpretation which had been placed on certain provisions of the

Federal Constitution required the presence of the Chief Executive in

Washington during the last days of a session in order that he might pass

upon legislation enacted in the days immediately preceding adjournment,

Mr. Wilson had determined that he could not remain in Paris after

February 14. At the time that I sent him the proposed resolution there

remained, therefore, but two weeks for the Commission on the League of

Nations to organize, to deliberate, and to submit its report to the

Conference, provided its report was made prior to the President's

departure for the United States. It did not seem to me conceivable that

the work of the Commission could be properly completed in so short a

time if the President's Covenant became the basis of its deliberations.

This opinion was shared by many others who appreciated the difficulties

and intricacies of the subject and who felt that a hasty and undigested

report would be unwise and endanger the whole plan of a world

organization.

In view of this situation, which seemed to be a strong argument for

delay in drafting the plan of international organization, I wrote a

letter to the President, at the time I sent him the proposed resolution,

saying that in my opinion no plan could be prepared with sufficient care

to warrant its submission to the Conference on the Preliminaries of

Peace before he left Paris and that unless a plan was reported he would

be in the position of returning empty-handed to the United States. I

urged him in the circumstances to secure the adoption of a resolution by

the delegates similar in nature, if not in language, to the draft which

was enclosed, thereby avoiding a state of affairs which would be very

disheartening to the advocates of a League of Nations and cause general

discontent among all peoples who impatiently expected evidence that the

restoration of peace was not far distant.

It would be presumptuous on my part to speculate on the President's

feelings when he received and read my letter and the proposed

resolution. It was never answered or acknowledged, and he did not act

upon the suggestion or discuss acting upon it, to my knowledge, with any

of his colleagues. On the contrary, he summoned the Commission on the

League of Nations to meet on February 3, eleven days before the date

fixed for his departure for the United States, and laid before that body

his revised draft of a Covenant which formed the groundwork for the

Commission's report presented to the Conference on February 14.

The question naturally arises--Why did the President ask me to complete

and send to him the resolution embodying a series of declarations if he

did not intend to make it a subject of consideration and discussion? It

is a pertinent question, but the true answer remains with Mr. Wilson

himself. Possibly he concluded that the only way to obtain his plan for

a League was to insist upon its practical acceptance before peace was

negotiated, and that, unless he took advantage of the universal demand

for peace by making the acceptance of the Covenant a condition

precedent, he would be unable to obtain its adoption. While I believe

this is a correct supposition, it is not responsive to the question as

to the reason why he wished me to deliver to him a draft resolution. In

fact it suggests another question--What, from the President's point of

view, was to be gained by having the resolution in his hands?

I think the answer is not difficult to find when one remembers that Mr.

Wilson had disapproved a resolution of that sort and that the Council of

Ten had seemed disposed to approve it. There was no surer way to prevent

me from bringing the subject again before the Council than by having the

proposed resolution before him for action. Having submitted it to him I

was bound, on account of our official relationship, to await his

decision before taking any further steps. In a word, his request for a

draft practically closed my mouth and tied my hands. If he sought to

check my activities with the members of the Council in favor of the

proposed course of action, he could have taken no more effectual way

than the one which he did take. It was undoubtedly an effective means of

"pigeonholing" a resolution, the further discussion of which might

interfere with his plan to force through a report upon the Covenant

before the middle of February.

This opinion as to the motive which impelled the President to pursue the

course that he did in regard to a resolution was not the one held by me

at the time. It was formed only after subsequent events threw new light

on the subject. The delay perplexed me at the time, but the reason for

it was not evident. I continued to hope, even after the Commission on

the League of Nations had assembled and had begun its deliberations,

that the policy of a resolution would be adopted. But, as the days went

by and the President made no mention of the proposal, I realized that he

did not intend to discuss it, and the conviction was forced upon me that

he had never intended to have it discussed. It was a disappointing

result and one which impressed me with the belief that Mr. Wilson was

prejudiced against any suggestion that I might make, if it in any way

differed with his own ideas even though it found favor with others.

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