CHAPTER X
THE GUARANTY IN THE REVISED COVENANT
During the three weeks preceding the meeting of the Commission on the League the work of revising the President's original draft of the Covenant had been in progress, the President and Colonel House holding frequent interviews with the more influential delegates, particularly the British and French statesmen who had been charged with the duty of studying the subject. While I cannot speak from personal knowledge, I learned that the suggested changes in terms and language were put into form by members of the Colonel's office staff. In addition to modifications which were made to meet the wishes of the foreign statesmen, especially the British, Mr. Gordon Auchincloss, the son-in-law and secretary of Colonel House, and Mr. David Hunter Miller, Auchincloss's law partner and one of the accredited legal advisers of the American Commission, prepared an elaborate memorandum on the President's draft of a Covenant which contained comments and also suggested changes in the text. On account of the intimate relations existing between Messrs. Miller and Auchincloss and Colonel House it seems reasonable to assume that their comments and suggestions were approved by, if they did not to an extent originate with, the Colonel. The memorandum was first made public by Mr. William C. Bullitt during his hearing before the Senate Committee on Foreign Relations in September, 1919 (Senate Doc. 106, 66th Congress, 1st Session, pages 1177 et seq.).
The most important amendment to the Covenant suggested by these advisers was, in my judgment, the one relating to Article III of the draft, which became Article 10 in the Treaty. After a long criticism of the President's proposed guaranty, in which it is declared that "such an agreement would destroy the Monroe Doctrine," and that "any guaranty of independence and integrity means war by the guarantor if a breach of the independence or integrity of the guaranteed State is attempted and persisted in," the memorandum proposed that the following be substituted:
"Each Contracting Power severally covenants and guarantees that it will not violate the territorial integrity or impair the political independence of any other Contracting Power."
This proposed substitute should be compared with the language of the "self-denying covenant" that I sent to the President on December 23, 1918, the pertinent portion of which is repeated here for the purpose of such comparison:
"Each power signatory or adherent hereto severally covenants and guarantees that it will not violate the territorial integrity or impair the political sovereignty of any other power signatory or adherent to this convention, …"
The practical adoption of the language of my proposed substitute in the memorandum furnishes conclusive proof that Colonel House was "entirely converted" to my form of a guaranty as he had frankly assured me that he was on the evening of January 6. I am convinced also that Mr. Henry White and General Bliss held the same views on the subject. It is obvious that President Wilson was the only one of the American representatives at Paris who favored the affirmative guaranty, but, as he possessed the constitutional authority to determine independently the policy of the United States, his form of a guaranty was written into the revised draft of a Covenant submitted to the Commission on the League of Nations and with comparatively little change was finally adopted in the Treaty of Peace with Germany.
The memorandum prepared by Messrs. Miller and Auchincloss was apparently in the President's hands before the revised draft was completed, for certain changes in the original draft were in accord with the suggestions made in their memorandum. His failure to modify the guaranty may be considered another rejection of the "self-denying covenant" and a final decision to insist on the affirmative form of guaranty in spite of the unanimous opposition of his American colleagues.
In view of what later occurred a very definite conclusion may be reached concerning the President's rejection of the proposed substitute for his guaranty. Article 10 was from the first the storm center of opposition to the report of the Commission on the League of Nations and the chief cause for refusal of consent to the ratification of the Treaty of Versailles by the Senate of the United States. The vulnerable nature of the provision, which had been so plainly pointed out to the President before the Covenant was submitted to the Commission, invited attack. If he had listened to the advice of his colleagues, in fact if he had listened to any American who expressed an opinion on the subject, the Treaty would probably have obtained the speedy approval of the Senate. There would have been opposition from those inimical to the United States entering any international organization, but it would have been insufficient to prevent ratification of the Treaty.
As it was, the President's unalterable determination to have his form of guaranty in the Covenant, in which he was successful, and his firm refusal to modify it in any substantial way resulted in strengthening the opponents to the League to such an extent that they were able to prevent the Treaty from obtaining the necessary consent of two thirds of the Senators.
The sincerity of Mr. Wilson's belief in the absolute necessity of the guaranty, which he proposed, to the preservation of international peace cannot be doubted. While his advisers were practically unanimous in the opinion that policy, as well as principle, demanded a change in the guaranty, he clung tenaciously to the affirmative form. The result was that which was feared and predicted by his colleagues. The President, and the President alone, must bear the responsibility for the result.