  Cablegram The White House, Washington, PRESIDENT WILSON, Former President Taft asks if he may cable to you direct, for your consideration only, some suggestions about which he has been thinking a great deal and which he would like to have you consider. He said that these suggestions do not look to the change of the structure of the League, the plan of its action or its real character, but simply to removing objections in minds of conscientious Americans, who are anxious for a league of nations, whose fears have been roused by suggested constructions of the League which its language does not justify and whose fears could be removed without any considerable change of language. TUMULTY.* * * * * Cablegram—Paris. Received at White House, In reply to your number sixteen, appreciate Mr. Taft's offer of suggestions and would welcome them. The sooner they are sent the better. You need give yourself no concern about my yielding anything with regard to the embodiment of the proposed convention in the Treaty. WOODROW WILSON.* * * * * Cablegram The White House, Washington, PRESIDENT WILSON, Following from Wm. H. Taft: Quote If you bring back the Treaty with the League of Nations in it, make more specific reservations of the Monroe Doctrine, fix a term for the duration of the League and the limit of armament, require expressly unanimity of action in Executive Council and Body of Delegates, and add to Article XV a provision that where the Executive Council of the Body of Delegates finds the difference to grow out of an exclusively domestic policy, it shall recommend no settlement, the ground will be completely cut from under the opponents of the League in the Senate. Addition to Article XV will answer objection as to Japanese immigration as well as tariffs under Article XXI. Reservation of the Monroe Doctrine might be as follows: Any American state or states may protect the integrity of American territory and the independence of the government whose territory it is, whether a member of the League or not, and may, in the interests of American peace, object to and prevent the further transfer of American territory or sovereignty to any European or non-American power. Monroe Doctrine reservation alone would probably carry the treaty but others would make it certain. (signed) Wm. H. Taft End Quote. TUMULTY.* * * * * Cablegram The White House, Washington, PRESIDENT WILSON, The following letter from Hon. Wm. H. Taft. Quote I have thought perhaps it might help more if I was somewhat more specific than I was in the memorandum note I sent you yesterday, and I therefore enclose another memorandum End Quote. Duration of the Covenant Add to the Preamble the following: Quote From the obligations of which any member of the League may withdraw after July 1, 1829, by two years' notice in writing, duly filed with the Secretary General of the League End Quote. Explanation I have no doubt that the construction put upon the agreement would be what I understand the President has already said it should be, namely that any nation may withdraw from it upon reasonable notice, which perhaps would be a year. I think, however, it might strengthen the Covenant if there was a fixed duration. It would completely remove the objection that it is perpetual in its operation. Duration of Armament Limit Add to the first paragraph of Article VIII, the following: Quote At the end of every five years, such limits of armament for the several governments shall be reËxamined by the Executive Council, and agreed upon by them as in the first instance End Quote. Explanation The duration of the obligation to limit armament, which now may only be changed by consent of the Executive Council, has come in for criticism. I should think this might thus be avoided, without in any way injuring the Covenant. Perhaps three years is enough, but I should think five years would be better. Unanimous Action by the Executive Council or Body of Delegates Insert in Article IV, after the first paragraph, the following: Quote Other action taken or recommendations made by the Executive Council or the Body of Delegates shall be by the unanimous action of the countries represented by the members or delegates, unless otherwise specifically stated End Quote. Explanation Great objection is made to the power of the Executive Council by a majority of the members and the Body of Delegates to do the things which they are authorized to do in the Covenant. In view of the specific provision that the Executive Council and the Body of Delegates may act by a majority of its members as to their procedure, I feel confident that, except in cases where otherwise provided, both bodies can only act by unanimous vote of the countries represented. If that be the right construction, then there can be no objection to have it specifically stated, and it will remove emphatic objection already made on this ground. It is a complete safeguard against involving the United States primarily in small distant wars to which the United States has no immediate relation, for the reason that the plan for taking care of such a war, to be recommended or advised by the Executive Council, must be approved by a representative of the United States on the Board. Monroe Doctrine Add to Article X. (a) Quote A state or states of America, a member or members of the League, and competent to fulfil this obligation in respect to American territory or independence, may, in event of the aggression, actual or threatened, expressly assume the obligation and relieve the European or non-American members of the League from it until they shall be advised by such American state or states of the need for their aid End Quote. (b) Quote Any such American state or states may protect the integrity of any American territory and the sovereignty of the government whose territory it is, whether a member of the League or not, and may, in the interest of American peace, object to and prevent the further transfer of American territory or sovereignty to any European or non-American power End Quote. Explanation Objection has been made that under Article X, European governments would come to America with force and be concerned in matters from which heretofore the United States has excluded them. This is not true, because Spain fought Chili, in Seward's time, without objection from the United States, and so Germany and England instituted a blockade against Venezuela in Roosevelt's time. This fear could be removed, however, by the first of the above paragraphs. Paragraph (b) is the Monroe Doctrine pure and simple. I forwarded this in my first memorandum. It will be observed that Article X only covers the integrity and independence of members of the League. There may be some American countries which are not sufficiently responsible to make it wise to invite them into the League. This second paragraph covers them. The expression Quote European or non-American End Quote is inserted for the purpose of indicating that Great Britain, though it has American dominion, is not to acquire further territory or sovereignty. Japanese Immigration and Tariffs Add to Article XV. Quote If the difference between the parties shall be found by the Executive Council or the Body of Delegates to be a question which by international law is solely within the domestic jurisdiction and polity of one of the parties, it shall so report and not recommend a settlement of the dispute End Quote. Explanation Objection is made to Article XV that under its terms the United States would be found by unanimous recommendation for settlement of a dispute in respect to any issue foreign or domestic; that it therefore might be affected seriously, and unjustly, by recommendations forbidding tariffs on importations. In my judgment, we could only rely on the public opinion of the world evidenced by the Body of Delegates, not to interfere with our domestic legislation and action. Nor do I think that under the League as it is, we covenant to abide by a unanimous recommendation. But if there is a specific exception made in respect to matters completely within the domestic jurisdiction and legislation of a country, the whole criticism is removed. The Republican senators are trying to stir up anxiety among Republicans lest this is to be a limitation upon our tariff. The President has already specifically met the objection as to limitation upon the tariff when the Fourteen Points were under discussion. Nevertheless in this respect to the present language of the Covenant, it would help much to meet and remove objections, and cut the ground under senatorial obstruction. Prospect of Ratification My impression is that if the one article already sent, on the Monroe Doctrine, be inserted in the Treaty, sufficient Republicans who signed the Round Robin would probably retreat from their position and vote for ratification so that it would carry. If the other suggestions were adopted, I feel confident that all but a few who oppose any league would be driven to accept them and to stand for the League. (End letter) TUMULTY.* * * * * Cablegram The White House, Washington, THE PRESIDENT OF THE UNITED STATES, Following just received from Mr. Taft: Quote Venture to suggest to President that failure to reserve Monroe Doctrine more specifically in face of opposition in Conference will give great weight to objection that League as first reported endangers Doctrine. It will seriously embarrass advocates of League, it will certainly lead to Senate amendments embodying Doctrine and other provisions in form less likely to secure subsequent acquiescence of other nations than proper reservation now. Deems some kind of Monroe Doctrine amendment now to Article Ten vital to acceptance of League in this country. I say this with full realization that complications in Conference are many and not clearly understood here. A strong and successful stand now will carry the League End Quote. TUMULTY.* * * * * Letter from Mr. Taft. New York, N, Y., April 10, 1919. MY DEAR MR. TUMULTY:We are very much troubled over the report that the Monroe Doctrine amendment to the Covenant is being opposed by England and Japan. Will you be good enough to send the enclosed to the President? We had a meeting to- day of the Executive Council of the League to Enforce Peace. Doctor Lowell and I, at the instance of the League, will be glad to have this matter presented directly to the President by cable. Sincerely yours, HON. JOSEPH P. TUMULTY, * * * * * Cablegram The White House, Washington, PRESIDENT WILSON, Following is sent at the request of Mr. Taft: Quote Friends of the Covenant are seriously alarmed over report that no amendment will be made more specifically safeguarding Monroe Doctrine. At full meeting of Executive Committee of League to Enforce Peace, with thirty members from eighteen states present, unanimous opinion that without such amendment, Republican senators will certainly defeat ratification of Treaty because public opinion will sustain them. With such amendment, Treaty will be promptly ratified. (Signed) WILLIAM H. TAFT A. LAWRENCE LOWELL End Quote TUMULTY.* * * * * March 27, 1919. Admission—Paris. For Secretary Lansing from Polk. Following are proposed amendments to the Constitution of the League of First Amendment: Strike out Article XIII, and insert the following: The high contracting powers agree to refer to the existing Permanent Court of Arbitration at The Hague, or to the Court of Arbitral Justice proposed at the Second Hague Conference when established, or to some other arbitral tribunal, all disputes between them (including those affecting honour and vital interests) which are of a justiciable character, and which the powers concerned have failed to settle by diplomatic methods. The powers so referring to arbitration agree to accept and give effect to the award of the Tribunal. Disputes of a justiciable character are defined as disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the nature and extent of the reparation to be made for any such breach. Any question which may arise as to whether a dispute is of a justiciable character is to be referred for decision to the Court of Arbitral Justice when constituted, or, until it is constituted, to the existing Permanent Court of Arbitration at The Hague. Second Amendment. Add to Article XIV the following paragraphs: The Executive Council shall call a general conference of the powers to meet not less than two years or more than five years after the signing of this convention for the purpose of reviewing the condition of international law, and of agreeing upon and stating in authoritative form the principles and rules thereof. Thereafter regular conferences for that purpose shall be called and held at stated times. Third Amendment. Immediately before the signature of the American Delegates, insert the following reservation: Inasmuch as in becoming a member of the League the United States of America is moved by no interest or wish to intrude upon or interfere with the political policy or internal administration of any foreign state, and by no existing or anticipated dangers in the affairs of the American continents, but accedes to the wish of the European states that it shall join its power to theirs for the preservation of general peace, the representatives of the United States of America sign this convention with the understanding that nothing therein contained shall be construed to imply a relinquishment by the United States of America of its traditional attitude towards purely American questions, or to require the submission of its policy regarding such questions (including therein the admission of immigrants) to the decision or recommendation of other powers. Fourth Amendment. Add to Article X the following: After the expiration of five years from the signing of this convention any party may terminate its obligation under this article by giving one year's notice in writing to the Secretary General of the League. Fifth Amendment. Add to Article IX the following: Such commission shall have full power of inspection and verification personally and by authorized agents as to all armament, equipment, munitions, and industries referred to in Article VIII. Sixth Amendment. Add to Article XXIV the following: The Executive Council shall call a general conference of members of the League to meet not less than five nor more than ten years after the signing of this convention for the revision thereof, and at that time, or at any time thereafter upon one year's notice, any member may withdraw from the League. POLK, Acting. * * * * * The first suggestion made by Mr. Root is not only substantially expressed in Article XIII of the Treaty, but almost literally, in its very text, appears in this section of the Covenant. Mr. Root's proposition that "the high contracting powers agree to refer to the existing permanent Court of Arbitration at The Hague or to the court of arbitral Justice proposed at the Second Hague, when established, or to some other arbitral tribunal, all disputes between them," etc. This is actually done by Article 13, the reference being not to the Hague or to the proposal of the Second Hague Convention, but to a court of arbitration "agreed on by the parties to the dispute or stipulated in any convention existing between them." As will readily be seen, Mr. Root's definition of "disputes of justiciable character" is embodied literally in Article XIII of the Covenant, Mr. Root's exact language having been appropriated at the Peace Commission. Mr. Root's second proposed amendment provided for calling "a general conference of the powers to meet in not less than two years, or more than five years, after the signing of this convention for the purpose of reviewing the condition of international law and of agreeing upon and stating in authoritative form the principles and rules thereof." In Article XIX of the Covenant it is provided that the Assembly meet from time to time to engage in "the consideration of international conditions whose continuance might endanger the peace of the world." If it may be said that this provision of Article XIX does not make it mandatory upon the council to meet at fixed periods, for the purpose of reviewing international conditions, on the other hand it may be urged that it empowers the Assembly to advise such a review at any time, and the Council to make such review at any time and as often as the necessities might permit. "The consideration of international conditions" certainly comprehends a review of international law and a rectification of its imperfections, so that substantially the whole of this suggestion by Mr. Root is in the Covenant. The third amendment of the Covenant suggested by Mr. Root is exceedingly interesting in several particulars. Those who would invoke the aid and sympathy of the Government of the United States in the effort for Irish freedom will observe that Mr. Root herein precludes the United States from having any interest in, or wish to intrude upon or interfere with, the political policy of the internal administration of any foreign state. Contrast this with Article XI of the Covenant, which President Wilson in a speech on the Pacific coast said was peculiarly his own and in which it is declared to be the friendly right of any member of the League to bring to the attention of the Assembly or of the Council any circumstances whatever affecting international relations which threaten to disturb the internal peace or understanding between nations, and if this may be regarded as outside the question, let it go, and turn to another significant phrase contained in Mr. Root's suggested amendment. It will be noted that nowhere in his suggested modifications of the Covenant does Mr. Root suggest any alteration whatsoever of Article X, as it stands. On the contrary, in Mr. Root's third suggested amendment he proposed to put the United States definitely on record as acceding "to the wish of the European states that this nation shall join its powers to theirs for the preservation of general peace." The final proposition contained in Mr. Root's proposed third amendment is broadly cared for in Article XXI of the Covenant relating to the Monroe Doctrine, and by implication in paragraph 8 of Article XV, which prohibits any recommendation by the Council as to the settlement of the matters solely within the domestic jurisdiction of any member of the League. It may, furthermore, be stated that the President cheerfully agreed to a reservation presented by Mr. Hitchcock, of the Senate Foreign Relations Committee, even more specifically withholding all domestic questions from the jurisdiction of the League. Mr. Root's fourth suggested amendment proposed to permit any member of the League to terminate its obligations, under Article X, by giving one year's notice of its desire. While no such modification of Article X was made, the much broader right was given to any nation to renounce all of its obligations to the League and to terminate its membership of the League upon two years' notice at any time after joining. The fifth suggested amendment by Mr. Root, proposing a modification of Article IX, by empowering a commission to inspect and verify, either personally or by authorized agents, all armaments, equipment, munitions, and industries relating to the manufacture of war material, does not appear to have been adopted, nor can any one rationally insist that it was essential to accept this suggestion. Article IX provides for the appointment of a permanent commission to advise the Council of the execution of those provisions of the Covenant. relating to armament, equipment, munitions, etc., in the military and naval branches of industry. A sane interpretation of this article would imply that the commission has power to inspect and verify facts, because in no other way could it possibly function. Mr. Root's sixth proposed amendment makes it mandatory upon the Executive Council of the League to call a general conference of members to meet not less than five years or more than ten years after the signing of the Covenant for purposes of revision, etc. This modification of the Covenant was not made, but the fact that it was omitted by no manner of means precludes the exercise of that particular function by the Council. Without Mr. Root's amendment it is perfectly competent for the Council to convene such a meeting of the members of the League at any time. It might do this in less time than five years, or it might postpone the doing of it for ten years or a longer period. |
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