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ecutive Council.

311



PROBLEMS IN FOREIGN POLICY

The expenses of the Secretariat shall be borne by
the States members of the League in accordance with
the apportionment of the expenses of the International
Bureau of the Universal Postal Union.

Article VI

Representatives of the High Contracting Parties
and officials of the League when engaged on the busi-
ness of the League shall enjoy diplomatic privileges and
immunities, and the buildings occupied by the League
or its officials or by representatives attending its meet-
ings shall enjoy the benefits of extraterritoriality.

Aiticle VII

Admission to the League of States not signatories
to the Covenant and not named in the Protocol hereto
as States to be invited to adhere to the Covenant re-
quires the assent of not less than two-thirds of the
States represented in the Body of Delegates, and
shall be limited to fully self-governing countries in-
cluding Dominions and Colonies.

No State shall be admitted to the League unless it
is able to give effective guarantees of its sincere inten-
tion to observe its international obligations, and unless
it shall conform to such principles as may be pre-
scribed by the League in regard to its naval and
military forces and armaments.

Article VTH

The High Contracting Parties recognize the princi-
ple that the maintenance of peace will require the



ORIGINAL COVENANT

reduction of national armaments to the lowest point
consistent with national safety and the enforcement by
common action of international obligations, having
special regard to the geographical situation and cir-
cumstances of each State; and the Executive Council
shall formulate plans for effecting such reduction.
The Executive Council shall also determine for the
consideration and action of the several governments
what military equipment and armament is fair and
reasonable in proportion to the scale of forces laid
down in the programme of disarmament; and these
limits, when adopted, shall not be exceeded without
the permission of the Executive Council.

The High Contracting Parties agree that the manu-
facture by private enterprise of munitions and imple-
ments of war lends itself to grave objections, and
direct the Executive Council to advise how the evil
effects attendant upon such manufacture can be pre-
vented, due regard being had to the necessities of those
countries which are not able to manufacture for them-
selves the munitions and implements of war necessary
for their safety.

The High Contracting Parties undertake in no way
to conceal from each other the condition of such of
their industries as are capable of being adapted to
war-like purposes or the scale of their armaments,
and agree that there shall be full and frank inter-
change of information as to their military and naval
programmes.

313



PROBLEMS IN FOREIGN POLICY
Article IX

A permanent Commission shall be constituted to ad-
vise the League on the execution of the provisions of
Article VIII and on military and naval questions
generally.

Article X

The High Contracting Parties undertake to respect
and preserve as against external aggression the ter-
ritorial integrity and existing political independence
of all States members of the League. In case of
any such aggression or in case of any threat or danger
of such aggression the Executive Council shall advise
upon the means by which this obligation shall be ful-
filled.

Article XI

Any war or threat of war, whether immediately
affecting any of the High Contracting Parties or not,
is hereby declared a matter of concern to the League,
and the High Contracting Parties reserve the right
to take any action that may be deemed wise and
effectual to safeguard the peace of nations.

It is hereby also declared and agreed to be the
friendly right of each of the High Contracting Par-
ties to draw the attention of the Body of Delegates
or of the Executive Council to any circumstances
affecting international intercourse which threaten to
disturb international peace or the good understand-
ing between nations upon which peace depends.
314



ORIGINAL COVENANT

Article Xn

The High Contracting Parties agree that should
disputes arise between them which cannot be adjusted
by the ordinary processes of diplomacy, they will in
no case resort to war without previously submitting
the questions and matters involved either to arbitra-
tion or to inquiry by the Executive Council and until
three months after the award by the arbitrators or a
recommendation by the Executive Council; and that
they will not even then resort to war as against a
member of the League which complies with the award
of the arbitrators or the 'recommendation of the Ex-
ecutive Council.

In any case under this Article, the award of the
arbitrators shall be made within a reasonable time,
and the recommendation of the Executive Council
shall be made within six months after the submission
of the dispute.

Article XIII

The High Contracting Parties agree that whenever
any dispute or difficulty shall arise between them
which they recognize to be suitable for submission
to arbitration and which cannot be satisfactorily
settled by diplomacy, they will submit the whole sub-
ject matter to arbitration. For this purpose the
Court of arbitration to which the case is referred shall
be the court agreed on by the parties or stipulated in
any Convention existing between them. The High
Contracting Parties agree that they will carry out
315



PROBLEMS IN FOREIGN POLICY

in full good faith any award that may be rendered.
In the event of any failure to carry out the award,
the Executive Council shall propose what steps can
best be taken to give effect thereto.

Article XIV

The Executive Council shall formulate plans for the
establishment of a Permanent Court of International
Justice and this Court shall, when established, be com-
petent to hear and determine any matter which the
parties recognize as suitable for submission to it for
arbitration under the foregoing Article.

Article XV

If there should arise between States members of
the League any dispute likely to lead to a rupture,
which is not submitted to arbitration as above, the
High Contracting Parties agree that they will refer
the matter to the Executive Council; either party to
the dispute may give notice of the existence of the
dispute to the Secretary-General, who will make all
necessary arrangements for a full investigation and
consideration thereof. For this purpose the parties
agree to communicate to the Secretary-General, as
promptly as possible, statements of their case with all
the relevant facts and papers, and the Executive
Council may forthwith direct the publication thereof.

Where the efforts of the Council lead to the settle-
ment of the dispute, a statement shall be published
indicating the nature of the dispute and the terms of
316



ORIGINAL COVENANT

settlement, together with such explanations as may be
appropriate. If the dispute has not been settled, a
report by the Council shall be published, setting forth
with all necessary facts and explanations the recom-
mendation which the Council think just and proper
for the settlement of the dispute. If the report is
unanimously agreed to by the members of the Council
other than the parties to the dispute, the High Con-
tracting Parties agree that they will not go to war
with any party which complies with the recommenda-
tion and that, if any party shall refuse so to comply,
the Council shall propose the measures necessary to
give effect to the recommendation. If no such
unanimous report can be made, it shall be the duty
of the majority and the privilege of the minority to
issue statements indicating what they believe to be
the facts and containing the recommendations which
they consider to be just and proper.

The Executive Council may in any case under this
Article refer the dispute to the Body of Delegates.
The dispute shall be so referred at the request of
either party to the dispute, provided that such request
must be made within fourteen days after the submis-
sion of the dispute. In any case referred to the Body
of Delegates all the provisions of this Article and
of Article XII relating to the action and powers of
the Executive Council shall apply to the action and
powers of the Body of Delegates.
317



PROBLEMS IN FOREIGN POLICY

Article XVI

Should any of the High Contracting Parties break
or disregard its covenants under Article XII, it shall
thereby ipso facto be deemed to have committed an
act of war against all the other members of the
League, which hereby undertake immediately to sub-
ject it to the severance of all trade or financial re-
lations, the prohibition of all intercourse between
their nationals and the nationals of the covenant-
breaking State, and the prevention of all financial,
commercial, or personal intercouse between the na-
tionals of the covenant-breaking State and the na-
tionals of any other State, whether a member of
the League or not.

It shall be the duty of the Executive Council in
such case to recommend what effective military or
naval force the members of the League shall sever-
ally contribute to the armed forces to be used to
protect the covenants of the League.

The High Contracting Parties agree, further, that
they will mutually support one another in the financial
and economic measures which are taken under this
Article, in order to minimize the loss and inconveni-
ence resulting from the above measures, and that they
will mutually support one another in resisting any
special measures aimed at one of their number by the
covenant-breaking State, and that they will afford
passage through their territory to the forces of any
318



ORIGINAL COVENANT

of the High Contracting Parties who are co-operating
to protect the covenants of the League.

Article XVII

In the event of disputes between one State member
of the League and another State which is not a mem-
ber of the League, or between States not members of
the League, the High Contracting Parties agree that
the State or States not members of the League shall
be invited to accept the obligations of membership in
the League for the purposes of such dispute, upon
such conditions as the Executive Council may deem
just, and upon acceptance of any such invitation, the
above provisions shall be applied with such modifica-
tions as may be deemed necessary by the League.

Upon such invitation being given the Executive
Council shall immediately institute an inquiry into
the circumstances and merits of the dispute and
recommend such action as may seem best and most
effectual in the circumstances.

In the event of a Power so invited refusing to
accept the obligations of membership in the League
for the purposes of such dispute, and taking any
action against a State member of the League which in
the case of a State member of the League would con-
stitute a breach of Article XII, the provisions of
Article XVI shall be applicable as against the State
taking such action.

If both parties to the dispute when so invited refuse
to accept the obligations of membership in the League
319



PROBLEMS IN FOREIGN POLICY

for the purposes of such dispute, the Executive Coun-
cil may take such action and make such recommenda-
tions as will prevent hostilities and will result in the
settlement of the dispute.

Article XVIII

The High Contracting Parties agree that the
League shall be entrusted with the general super-
vision of the trade in arms and ammunition with the
countries in which the control of this traffic is neces-
sary in the common interest.

Article XIX

To those colonies and territories which as a con-
sequence of the late war have ceased to be under the
sovereignty of the States which formerly governed
them and which are inhabited by peoples not yet
able to stand by themselves under the strenuous con-
ditions of the modern world, there should be applied
the principle that the well-being and development of
such peoples form a sacred trust of civilization and
that securities for the performance of this trust should
be embodied in the constitution of the League.

The best method of giving practical effect to this
principle is that the tutelage of such peoples should
be entrusted to advanced nations who by reason of
their resources, their experience or their geographical
position, can best undertake this responsibility, and
that this tutelage should be exercised by them as
mandataries on behalf of the League.



ORIGINAL COVENANT

The character of the mandate must differ according
to the stage of the development of the people, the geo-
graphical situation of the territory, its economic con-
ditions and other similar circumstances.

Certain communities formerly belonging to the
Turkish Empire have reached a stage of development
where their existence as independent nations can be
provisionally recognized subject to the rendering of
administrative advice and assistance by a mandatory
power until such time as they are able to stand alone.
The wishes of these communities must be a principal
consideration in the selection of the mandatory power.

Other peoples, especially those of Central Africa,
are at such a stage that the mandatary must be re-
sponsible for the administration of the territory sub-
ject to conditions which will guarantee freedom of
conscience or religion, subject only to the maintenance
of public order and morals, the prohibition of abuses
such as the slave trade, the arms traffic and the liquor
traffic, and the prevention of the establishment of
fortifications or military and naval bases and of mili-
tary training of the natives for other than police pur-
poses and the defense of territory, and will also secure
equal opportunities for the trade and commerce of
other members of the League.

There are territories, such as South-west Africa
and certain of the South Pacific Islands, which, owing
to the sparseness of their population, or their small
size, or their remoteness from the centers of civiliza-



PROBLEMS IN FOREIGN POLICY

tion, or their geographical contiguity to the mandatory
state, and other circumstances, can be best adminis-
tered under the laws of the mandatory state as in-
tegral portions thereof, subject to the safeguards
above-mentioned in the interests of the indigenous
population.

In every case of mandate, the mandatory state shall
render to the League an annual report in reference to
the territory committed to its charge.

The degree of authority, control, or administration
to be exercised by the mandatory state shall if not
previously agreed upon by the High Contracting Par-
ties in each case be explicitly defined by the Executive
Council in a special Act or Charter.

The High Contracting Parties further agree to es-
tablish at the seat of the League a Mandatory Com-
mission to receive and examine the annual reports of
the Mandatory Powers, and to assist the League in
ensuring the observance of the terms of all Mandates.

Article XX

The High Contracting Parties will endeavor to se-
cure and maintain fair and humane conditions of labor
for men, women and children both in their own coun-
tries and in all countries to which their commercial
and industrial relations extend ; and to that end agree
to establish as part of the organization of the League
a permanent Bureau of Labor.



ORIGINAL COVENANT

Article XXI

The High Contracting Parties agree that provi-
sion shall be made through the instrumentality of the
League to secure and maintain freedom of transit and
equitable treatment for the commerce of all States
members of the League, having in mind, among other
things, special arrangements with regard to the neces-
sities of the regions devastated during the war of
1914-1918.

Article XXn

The High Contracting Parties agree to place under
the control of the League all international bureaux
already established by general treaties if the parties
to such treaties consent. Furthermore, they agree
that all such international bureaux to be constituted
in future shall be placed under the control of the
League.

Article XXIII

The High Contracting Parties agree that every
treaty or international engagement entered into here-
after by any State member of the League, shall be
forthwith registered with the Secretary-General and
as soon as possible published by him, and that no
such treaty or international engagement shall be bind-
ing until so registered.

Article XXIV

It shall be the right of the Body of Delegates from
time to time to advise the reconsideration by States
323



PROBLEMS IN FOREIGN POLICY

members of the League, of treaties which have be-
come inapplicable, and of international conditions, of
which the continuance may endanger the peace of the
world.

Article XXV

The High Contracting Parties severally agree that
the present Covenant is accepted as abrogating all
obligations inter se which are inconsistent with the
terms thereof, and solemnly engage that they will not
hereafter enter into any engagements inconsistent
with the terms thereof.

In case any of the Powers signatory hereto or sub-
sequently admitted to the League shall, before becom-
ing a party to this Covenant, have undertaken any
obligations which are inconsistent with the terms of
this Covenant, it shall be the duty of such Power
to take immediate steps to procure its release from
such obligations.

Article XXVI

Amendments to this Covenant will take effect when
ratified by the States whose representatives compose
the Executive Council and by three-fourths of the
States whose representatives compose the Body of
Delegates.



III. THE SENATE "ROUND ROB-
IN" AGAINST THE LEAGUE
OF NATIONS

Whereas, under the Constitution, it is a function
of the Senate to advise and consent to, or dissent from
the ratification of any treaty of the United States, and
no such treaty can become operative without the con-
sent of the Senate expressed by the affirmative vote
of two-thirds of the Senators present, and

Whereas, owing to the victory of the arms of the
United States and of the nations with whom it is as-
sociated, a Peace Conference was convened, and is
now in session at Paris for the purpose of settling the
terms of peace; and,

Whereas, a Committee of the conference has pro-
posed a constitution for a League of Nations, and
the proposal is now before the Peace Conference for
its consideration;

Now, therefore, be it resolved, by the Senate of the
United States in the discharge of its constitutional
duty of advice in regard to treaties, that it is the
sense of the Senate that, while it is the sincere desire
that the nations of the world should unite to promote
peace and general disarmament the Constitution of
the League of Nations in the form now proposed to
325



PROBLEMS IN FOREIGN POLICY

the Peace Conference should not be accepted by the
United States.

And be it resolved further, that it is the sense of
the Senate that the negotiations on the part of the
United States should immediately be directed to the
utmost expedition of the urgent business of negotiat-
ing peace terms with Germany satisfactory to the
United States and the nations with whom the United
States is associated in the war against the German
Government, and the proposal for a League of Na-
tions to insure the permanent peace of the world
should be then taken up for careful and serious con-
sideration.

(Signed) HENRY CABOT LODGE, of Massachusetts,
and thirty-eight other Senators and Senators-
elect, as follows:

California, JOHNSON New Jersey, FRELINGHUYSEN

Colorado, PHIPPS and EDGE

Connecticut, BRANDEGEE and New Mexico, FALL

McL-BAN New York, WADSWORTH and

Delaware, BALL CALDER

Idaho, BORAH North Dakota, GRONNA

Illinois, SHERMAN and Me- Ohio, HARDING

CORMICK Pennsylvania, KNOX and

Indiana, NEW and WATSON PENROSE

Iowa, CUMMINS South Dakota, STERLING

Kansas, CURTIS Utah, SMOOT

Maine, HALE and FERNALD Vermont, DILLINGHAM and

Maryland, FRANCE PAGE

Michigan, TOWNSEND and Washington, POINDEXTER

NEWBERRY West Virginia, SUTHERLAND

Missouri, SPENCER and ELKINS

New Hampshire, MOSES and Wisconsin, LENROOT

KEYES Wyoming, WARREN



IV. AMENDMENTS PROPOSED TO
THE ORIGINAL DRAFT OF
THE CONSTITUTION OF THE
LEAGUE OF NATIONS

By the Honorable William Howard Taft

First An amendment making reservations de-
signed to safeguard the Monroe Doctrine and to sat-
isfy those Senators and others who fear the Monroe
Doctrine might be jeopardized by the League of Na-
tions, this amendment being drafted so that agree-
ments under the League covenant shall not be con-
strued as an infringement upon the principles of
international policies heretofore generally recognized.

Second. An amendment definitely affirming the
right of any country in the League to control matters
solely within its domestic jurisdiction, this reservation
being broad enough to protect the United States in
dealing with immigration and preventing the influx of
foreign labor.

Third. An amendment definitely stating the rule
of unanimity and making it perfectly plain that any
action taken by the Executive Council of the League
must be unanimous, thereby necessitating the con-
currence of the American Government's member of
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PROBLEMS IN FOREIGN POLICY

the Executive Council before its action could be bind-
ing on the United States.

Fourth. An amendment by way of definite state-
ment on the right of nations to withdraw from the
League of Nations and possibly providing for a def-
inite term, perhaps ten years, for the League as a
whole, and a definite term for the obligation to re-
strict armament within such limit as may be agreed
upon.

By the Honorable Charles Evans Hughes

Having explained at the outset that he would not
attempt to review matters of mere form, as it seemed
to be conceded that the covenant was poorly drafted,
and its most earnest supporters had severely criticized
it, Mr. Hughes said he thought the Covenant should
be amended as follows:

"(1) By explicit provision as to the requirement of
unanimity in decision.

"(2) By suitable limitation as to the field of the
league's inquiries and action, so as to leave no doubt
that the internal concerns of States, such as immigra-
tion and tariff laws, are not embraced.

"(3) By providing that no foreign Power shall
hereafter acquire, by consent, purchase or in any
other way any possession on the American Continent
or the islands adjacent thereto.

"(4) By providing that the settlement of purely
American questions shall be remitted primarily to the
328



PROPOSED AMENDMENTS

American nations, and that European nations shall
not intervene unless requested to do so by the Amer-
ican nations.

"(5) By omitting the guaranty of Article X [which
pledges the nations in the compact to undertake to
preserve against external aggression the territorial
integrity and existing political independence of every
State in the league.]

"(6) By providing that no member of the league
shall be constituted a mandatary without its consent,
and no European or Asiatic Power shall be constituted
a mandatary of any American people.

"(7) By providing that any member of the league
may withdraw at its pleasure on specified notice."

Mr. Hughes criticized severely the tenth article of
the covenant, under which the "High Contracting Par-
ties" undertake to "respect and preserve as against
external aggression the territorial integrity and exist-
ing political independence of all states members of
the league." Conceding the argument that this clause
had been included to protect the nations born of the
war, the speaker regarded it "as a trouble-breeder and
not a peace maker/'

It makes no allowance, he said, for changes in
the make-up of member nations which may be found
advisable and "ascribes a soundness of judgment to
the peace conference in erecting States and defining
boundaries which nobody in the history of the world
has ever possessed."

829



PROBLEMS IN FOREIGN POLICY

Mr. Hughes said definite recognition should be
made in the league covenant of the Monroe Doctrine
and, while urging a clause prohibiting European ag-
gression on the American continent in any form, he
advocated also reserving the right of any nation
to decline a mandatary for the administration of for-
eign territory.

By the Honorable Elihu Root

First Amendment

Strike out Article XIII, and insert the follow-
ing:

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


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