II THE CONDITIONS OF A PEACE CONFERENCE
We should distinguish clearly between the conditions which must be fulfilled before we can honorably enter into any talk of peace with our adversary, the begetter and beginner of this war; and the terms which the Allies and the United States and the other nations at war with Germany would put forward in such a conversation as a just and durable basis for the establishment of peace.
This distinction is essential. The conditions are antecedent and indispensable. Until they are fulfilled we cannot talk with the enemy, except in the language which he has chosen and forced upon us—the stern tongue of battle by land and sea.
Germany grandiloquently claims to be the first to propose a peace-conference as a substitute for the horrors of war. (See the Kaiser's note of December 12, 1916. [Footnote 9])
[Footnote 9: This note contains not the slightest reference to the nature of the suggested peace. Its tone conforms to the orders which the Kaiser issued to his army on the same day: "Under the influence of the victory which you have gained by your bravery, I and the monarchs of the three states in alliance with me have made an offer of peace to the enemy. It is uncertain whether the object at which this offer is aimed will be reached. You will have meanwhile, with God's help, to continue to resist and defeat the enemy." It was not a proposal of peace. It was a proclamation of victory—German victory—and an invitation to surrender.]
She forgets the many proposals for such a conference which were made to her in the fateful month of July, 1914, by Servia, France, Great Britain, Italy, and Russia—all of which she contemptuously brushed aside in her scornful will to war. She forgets the offenses against international law and against the plain precepts of humanity which she has committed since that time and which have earned for her the indignation and mistrust of mankind. She forgets that her so-called proposal for a peace conference contained no suggestion of the terms of peace which she was willing to discuss. She forgets that such a proposal is a mere hypocritical mockery. No sane person, no intelligent nation, would enter into a conference without knowledge of the things to be considered.
This last point lies at the base of President Wilson's note of December 18, 1916, suggesting that the belligerent powers, on both sides, should "avow their respective views as to the terms upon which the war might be concluded and the arrangements which would be deemed satisfactory as a guarantee against its renewal or the kindling of any similar conflict in the future." This note, I believe, was sent to all the American Ambassadors and Ministers in Europe, with instructions to communicate it to the Governments to which they were accredited, whether belligerent or neutral.
Here is a point at which I can throw a little new light upon the situation. I handed the note, as I was ordered to do, to the Dutch Minister, without comment or recommendation. Almost immediately the German-subsidized press in Holland began to assail the Dutch Government for refusing to support President Wilson's note. It seemed to me that this was a falsehood, unjust to Holland, injurious to our Government, which had not asked for support. Therefore I made the following statement to the press on January 9, 1917:
"The Dutch Minister of Foreign Affairs is absolutely correct in saying that I handed him President Wilson's note of December 18 without any request or suggestion that the Netherlands Government should support it. I did so because I was so instructed by my Government. I was told to transmit the President's note simply as a matter of information. No request was added. The reason for this is because America understands the delicate and difficult position of the Netherlands Government, in the midst of the present war, and will not urge nor even ask it to do anything which it does not judge to be wise and prudent and helpful. I have done my best to promote this right understanding of the position of Holland in the United States, and I shall continue to do so. I have no knowledge of any instructions from Washington in regard to the manner of delivering the President's note in Spain.
"What I cannot understand is the general misunderstanding of that note. It expressly declared that it was not an offer of mediation nor a proposal of peace. It was simply a suggestion that the belligerents on both sides should state the terms on which they would be willing to consider and discuss peace. The Entente Powers have already done this with some clearness, and will probably soon do so even more clearly. The Central Powers have politely, even affectionately, but very practically, declined the President's invitation to state their terms. There is the deadlock on peace talk at present. When both sides are equally frank the world can judge whether the peace which all just men desire is near or far away."
The accuracy and propriety of this statement have never been questioned by the Department of State. On the contrary, it was practically affirmed by the President in his address to the Senate on January 22, 1917, when he said:
"On the 18th of December last I addressed an identic note to the Governments of the nations now at war, requesting them to state, more definitely than they had yet been stated by either group of belligerents, the terms upon which they would deem it possible to make peace. I spoke on behalf of humanity and of the rights of all neutral nations like our own, many of whose most vital interests the war puts in constant jeopardy.
"The Central Powers united in a reply which stated merely that they were ready to meet their antagonists in conference to discuss terms of peace.
"The Entente Powers have replied much more definitely and have stated, in general terms indeed, but with sufficient definiteness to imply details, the arrangements, guarantees, and acts of reparation which they deem to be indispensable conditions of a satisfactory settlement." Here, then, we come within sight of the first of the conditions which are absolutely precedent, at least so far as America is concerned, to any discussion of peace.
1. Germany must answer President Wilson's note of December 18, 1916. She must state her terms of peace, maximum or minimum, frankly and unequivocally.
Germany asserts that she is waging a defensive war. She must tell the world what she is defending. That she has never been willing to do.
Germany asserts that she is victorious thus far. She must say what she thinks her "victories" mean, and what they entitle her to claim and keep.
In brief, Germany must lay her cards on the table. If she wants peace—and certainly she needs it,—she must be willing to say what she means by it.
2. The second condition precedent to any discussion of peace terms with Germany has been clearly defined by President Wilson in his reply to the note issued by His Holiness Pope Benedict.
That reply was thoroughly sympathetic and conciliatory. Among its frank and strong paragraphs there was one which must be particularly noted:
"We cannot take the word of the present rulers of Germany as a guarantee of anything that is to endure unless explicitly supported by such conclusive evidence of the will and purpose of the German people themselves as the other peoples of the world would be justified in accepting. Without such guarantees treaties of settlement, agreements for disarmament, covenants to set up arbitration in the place of force, territorial adjustments, reconstitutions of small nations, if made with the German Government, no man, no nation, could now depend on."
Understand—this is not a flat refusal to treat with the House of Hohenzollern in any circumstances, which the more rabid and less thoughtful newspapers of England have urged. It is merely a statement that the rulers of Germany must have behind them a sufficient and explicit mandate and guarantee of the people of Germany before we can trust them.
We do not presume to interfere in the internal affairs of the German Empire. The people of that empire have a right to say how they shall be ruled. If they like the Hohenzollerns, good!
All that we ask is some clear, democratic guarantee of the German people behind the word of its chosen Government.
Does this mean a complete reformation of the German Empire, which in effect now consists of twenty-two hereditary kings, princes, dukes, and grand dukes, with the Kaiser at the head? Does it mean a constitutional remoulding of the empire?
That would be a long process. The people of Germany are well disciplined. There is small prospect of a revolution in that country unless war compels it.
What is it that we are pledged by President Wilson's statement to insist upon as a precondition of any peace conference with Germany? Simply this—that behind the word of the Kaiser there must be the word of the German people.
That word must be given in advance and in a way which will satisfy both the Allies and the United States. It is for the German people to find the way.
We cannot honorably talk peace with Germany until that way is found.
3. The third condition antecedent to a conference on peace is the renunciation and abandonment of the German submarine warfare upon merchant shipping.
On this point I do not speak with any kind of authority or official sanction. What I say is based, indeed, upon words uttered with the highest authority. But the conclusion drawn from them is merely my own judgment and has no force beyond that of the reasoning that has led me to it.
The American position in regard to this submarine warfare—its illegality, its inhumanity—has been clearly and eloquently defined by our Government again and again.
"The Government of the United States has been apprised that the Imperial German Government considered themselves to be obliged, by the extraordinary circumstances of the present war and the measures adopted by their adversaries in seeking to cut Germany off from all commerce, to adopt methods of retaliation which go much beyond the ordinary methods of warfare at sea, in the proclamation of a war zone from which they have warned neutral ships to keep away. This Government has already taken occasion to inform the Imperial German Government that it cannot admit the adoption of such measures or such a warning of danger to operate as in any degree an abbreviation of the rights of American shipmasters or of American citizens bound on lawful errands as passengers on merchant ships of belligerent neutrality; and that it must hold the Imperial German Government to a strict accountability for any infringement of those rights, intentional or incidental. It does not understand the Imperial German Government to question those rights. It assumes, on the contrary, that the Imperial German Government accept, as of course, the rule that the lives of non-combatants, whether they be of neutral citizenship or citizens of one of the nations at war, cannot lawfully or rightfully be put in jeopardy by the capture or destruction of an unarmed merchantman, and recognize also, as all other nations do, the obligation to take the usual precaution of visit and search to ascertain whether a suspected merchantman is in fact of belligerent nationality or is in fact carrying contraband of war under a neutral flag." (The Secretary of State, Washington, D. C., to the German Minister for Foreign Affairs, May 13, 1915.)
"The fact that more than one hundred American citizens were among those who perished" (reference to the sinking of the Lusitania) "made it the duty of the Government of the United States to speak of these things and once more, with solemn emphasis, to call the attention of the Imperial German Government to the grave responsibility which the Government of the United States conceives that it has incurred in this tragic occurrence, and to the indisputable principle upon which that responsibility rests. The Government of the United States is contending for something much greater than mere rights of property or privileges of commerce. It is contending for nothing less high and sacred than the rights of humanity, which every government honors itself in respecting and which no government is justified in resigning on behalf of those under its care and authority." (The Secretary of State, Washington, D. C., to the German Minister for Foreign Affairs, June 9, 1915.)
"If a belligerent cannot retaliate against an enemy without injuring the lives of neutrals as well as their property, humanity, as well as justice and a due regard for the dignity of neutral powers, should dictate that the practice be discontinued. If persisted in it would in such circumstances constitute an unpardonable offense against the sovereignty of the neutral nation affected. . . . The rights of neutrals in time of war are based upon principle, not upon expediency, and the principles are immutable. It is the duty and obligation of belligerents to find a way to adapt the new circumstances to them." (The Secretary of State, Washington, D. C., to the German Minister for Foreign Affairs, July 21, 1915.)
"The law of nations in these matters, upon which the Government of the United States based that protest" (i.e., against the German declaration of February, 1915, declaring the danger zone around Great Britain and Ireland) "is not of recent origin or founded upon merely arbitrary principles set up by convention. It is based, on the contrary, upon manifest principles of humanity and has long been established with the approval and by the express assent of all civilized nations. . . . It has become painfully evident to it (the Government of the United States) that the position which it took at the very outset is inevitable, namely—the use of submarines for the destruction of an enemy's commerce is, of necessity, because of the very character of the vessels employed and the very methods of attack which their employment of course involves, utterly incompatible with the principles of humanity, the long-established and incontrovertible rights of neutrals, and the sacred immunities of non-combatants." (The Secretary of State, Washington, D. C., to the German Minister for Foreign Affairs, April 18, 1916.)
"But we cannot forget that we are in some sort and by the force of circumstances the responsible spokesmen of the rights of humanity, and that we cannot remain silent while those rights seem in process of being swept away in the maelstrom of this terrible war. We owe it to a due regard for our own rights as a nation, to our sense of duty as a representative of the rights of neutrals the world over, and to a just conception of the rights of mankind to take this stand now with the utmost solemnity and firmness." (President Wilson's Address to Congress, April 19, 1916.)
"The present German warfare against commerce is a warfare against mankind. It is a war against all nations. American ships have been sunk, American lives taken, in ways which it has stirred us very deeply to learn of, but the ships and people of other neutral and friendly nations have been sunk and overwhelmed in the waters in the same way. There has been no discrimination. The challenge is to all mankind. Each nation must decide for itself how it will meet it." (President Wilson's Message to Congress, April 2, 1917.)
The United States cannot go back on these words. They are fundamental in our position. I do not know whether the Allies have formally indorsed them or not. But that makes no difference. It seems to me that for America, with her traditional, unalterable devotion to the doctrine of Mare Liberum, as Grotius stated it, there can be no peace conference with a Government which is in active and flagrant violation of that principle.
I think that for us at least—we do not venture to speak for the Allies, though we believe they sympathize with our point of view—there can be no peace parley with Germany until she renounces and abandons her atrocious method of submarine warfare on merchant shipping.
Here, then, are the three conditions which ought to be fulfilled before we can honorably enter a conference on peace with the Imperial German Government. The first is a legitimate inference from the statements of the President. The second has been positively laid down by the President. The third is drawn, purely on my own responsibility, from his words.
First, Germany should frankly declare the aims with which she began this war, and the purposes with which she continues it on the territories which she has invaded.
Second, Germany must offer adequate guarantees that in any peace negotiations her rulers shall speak only and absolutely with the voice of the people behind them—in other words, with a democratic, not an autocratic, sanction.
Third, Germany ought to give a pledge of good faith by the abandonment of her illegal and inhuman submarine warfare on the merchant shipping of the world.
Is it likely that the predatory Potsdam gang will be willing to accept these three conditions soon?
I frankly confess that I do not know. Germany is in sore straits. That I know from personal observation. But I know also that she is magnificently organized, trained, and disciplined for obedience to the imperial will. She will carry her fight for world empire to the last limit.
When that limit is reached, when the German people know that the attempt of their rulers to dominate the world by war has failed, then it will be time to talk with them about the terms of peace.