This reply was listened to in silence and unfavorably commented upon later. The alleged relation between such religious inequality as has survived into the twentieth century and such wars as are waged nowadays is so obviously fictitious that one can hardly understand the line of reasoning that led to its assumption, or the effect which the fiction could be supposed to have on the minds of those legislators who might be opposed to the measure on the ground that it involved undue interference in the internal affairs of sovereign states. The motion was referred to a commission, which in due time presented a report. Mr. Wilson was absent when the report came up for discussion, his place being taken by Colonel House. The atmosphere was chilly, only a couple of the delegates being disposed to support the clause—Rumania's representative, M. Diamandi, was one, and another was Baron Makino, whose help Colonel House would gladly have dispensed with, so inacceptable was the condition it carried with it.
Baron Makino said that he entirely agreed with Colonel House and the American delegates. The equality of religious confessions was not merely desirable, but necessary to the smooth working of a Society of Nations such as they were engaged in establishing. He held, however, that it should be extended to races, that extension being also a corollary of the principle underlying the new international ordering. He would therefore move the insertion of a clause proclaiming the equality of races and religions. At this Colonel House looked pensive. Nearly all the other opinions were hostile to Colonel House's motion.
The reasons alleged by each of the dissenting lawgivers were interesting. Lord Robert Cecil surprised many of his colleagues by informing them that in England the Catholics, who are fairly treated as things are, could not possibly be set on a footing of perfect equality with their Protestant fellow-citizens, because the Constitution forbids it. Nor could the British people be asked to alter their Constitution. He gave as instances of the slight inequality at present enforced the circumstance that no Catholic can ascend the throne as monarch, nor sit on the woolsack as Lord Chancellor in the Upper House.
M. Larnaude, speaking in the name of France, stated that his country had passed through a sequence of embarrassments caused by legislation on the relations between the Catholics and the state, and that the introduction of a clause enacting perfect equality might revive controversies which were happily losing their sharpness. He considered it, therefore, inadvisable to settle this delicate matter by inserting the proposed declaration in the Covenant. Belgium's first delegate, M. Hymans, pointed out that the objection taken by his government was of a different but equally cogent character. There was reason to apprehend that the Flemings might avail themselves of the equality clause to raise awkward issues and to sow seeds of dissension. On those grounds he would like to see the proposal waived. Signor Orlando half seriously, half jokingly, reminded his colleagues that none of their countries had, like his, a pope in their capital. The Italian government must, therefore, proceed in religious matters with the greatest circumspection, and could not lightly assent to any measure capable of being manipulated to the detriment of the public interest. Hence he was unable to give the motion his support. It was finally suggested that both proposals be withdrawn. To this Colonel House demurred, on the ground that President Wilson, who was unavoidably absent, attached very great weight to the declaration, to which he hoped the delegates would give their most favorable consideration. One of the members then rose and said, "In that case we had better postpone the voting until Mr. Wilson can attend." This suggestion was adopted. When the matter came up for discussion at a subsequent sitting, the Japanese substituted "nations" for "races."
In the meantime the usual arts of parliamentary emergency were practised outside the Conference to induce the Japanese to withdraw their proposal altogether. They were told that to accept or refuse it would be to damage the cause of the future League without furthering their own. But the Marquis Saionji and Baron Makino refused to yield an inch of their ground. A conversation then took place between the Premier of Australia, on the one side, and Baron Makino and Viscount Chinda, on the other, with a view to their reaching a compromise. For Mr. Hughes was understood to be the leader of those who opposed any declaration of racial equality. The Japanese statesmen showed him their amendment, and asked him whether he could suggest a modification that would satisfy himself and them. The answer was in the negative. To the arguments of the Japanese delegates the Australian Premier is understood to have replied: "I am willing to admit the equality of the Japanese as a nation, and also of individuals man to man. But I do not admit the consequence that we should throw open our country to them. It is not that we hold them to be inferior to ourselves, but simply that we do not want them. Economically they are a perturbing factor, because they accept wages much below the minimum for which our people are willing to work. Neither do they blend well with our people. Hence we do not want them to marry our women. Those are my reasons. We mean no offense. Our restrictive legislation is not aimed specially at the Japanese. British subjects in India are affected by it in exactly the same way. It is impossible that we should formulate any modifications of your amendment, because there is no modification conceivable that would satisfy us both."
The Japanese delegates were understood to say that they would maintain their motion, and that unless it passed they would not sign the document. Mr. Hughes retorted that if it should pass he would refuse to sign. Finally the Australian Premier asked Baron Makino whether he would be satisfied with the following qualifying proviso: "This affirmation of the principle of equality is not to be applied to immigration or nationalization." Baron Makino and Viscount Chinda both answered in the negative and withdrew.
The final act[360] is described by eye-witnesses as follows. Congruously with the order of the day, President Wilson having moved that the city of Geneva be selected as the capital of the future League, obtained a majority, whereupon he announced that the motion had passed.
Then came the burning question of the equality of nations.[361] The Polish delegate arose and opposed it on the formal ground that nothing ought to be inserted in the preamble which was not dealt with also in the body of the Covenant, as otherwise it would be no more than an isolated theory devoid of organic connection with the whole. The Japanese delegates delivered speeches of cogent argument and impressive debating power. Baron Makino made out a very strong case for the equality of nations. Viscount Chinda followed in a trenchant discourse, which was highly appreciated by his hearers, nearly all of whom recognized the justice of the Japanese claim. The Japanese delegates refused to be dazzled by the circumstances that Japan was to be represented on the Executive Council as one of the five Great Powers, and that the rejection of the proposed amendment could not therefore be construed as a diminution of her prestige. This consideration, they retorted, was wholly irrelevant to the question whether or no the nations were to be recognized as equal. They ended by refusing to withdraw their modified amendment and calling for a vote. The result was a majority for the amendment. Mr. Wilson thereupon announced that a majority was insufficient to justify its adoption, and that nothing less than absolute unanimity could be regarded as adequate. At this a delegate objected: "Mr. Wilson, you have just accepted a majority for your own motion respecting Geneva; on what grounds, may I ask, do you refuse to abide by a majority vote on the amendment of the Japanese delegation?" "The two cases are different," was the reply. "On the subject of the seat of the League unanimity is unattainable." This closed the official discussion.
Some time later, it is asserted, the Rumanians, who had supported Mr. Wilson's motion on religious equality, were approached on the subject, and informed that it would be agreeable to the American delegates to have the original proposal brought up once more. Such a motion, it was added, would come with especial propriety from the Rumanians, who, in the person of M. Diamandi, had advocated it from the outset. But the Rumanian delegates hesitated, pleading the invincible opposition of the Japanese. They were assured, however, that the Japanese would no longer discountenance it. Thereupon they broached the matter to Lord Robert Cecil, but he, with his wonted caution, replied that it was a delicate subject to handle, especially after the experience they had already had. As for himself, he would rather leave the initiative to others. Could the Rumanian delegates not open their minds to Colonel House, who took the amendment so much to heart? They acted on this suggestion and called on Colonel House. He, too, however, declared that it was a momentous as well as a thorny topic, and for that reason had best be referred to the head of the American delegation. President Wilson, having originated the amendment, was the person most qualified to take direct action. It is further affirmed that they sounded the President as to the advisability of mooting the question anew, but that he declined to face another vote, and the matter was dropped for good—in that form.
It was publicly asserted later on that the Japanese decided to abide by the rejection of their amendment and to sign the Covenant as the result of a bargain on the Shantung dispute. This report, however, was pulverized by the Japanese delegation, which pointed out that the introduction of the racial clause was decided upon before the delegates left Japan, and when no difficulties were anticipated respecting Japan's claim to have that province ceded to her by Germany, and that the discussion on the amendment terminated on April 11th, consequently before the Kiaochow issue came up for discussion. As a matter of fact, the Japanese publicly announced their intention to adhere to the League of Nations two days[362] before a decision was reached respecting their claims to Kiaochow.