By Article 19 of the naval treaty the United States, Great Britain, and Japan agreed to maintain the status quo as regards fortifications and naval bases in the islands of the Pacific with certain exceptions, notably the Hawaiian Islands, Australia, and New Zealand. This agreement relieves Japan of all fear of attack from us, and let us hope that it may prove as beneficent and as enduring as the agreement of 1817 between the United States and Great Britain for disarmament on the Great Lakes.
The 5-5-3 ratio puts the navies of Great Britain, the United States, and Japan, for the present at least, on a strictly defensive basis. Each navy is strong enough to defend its home territory, but no one of them will be able to attack the home territory of the others. Of course it is possible that the development of aircraft and submarines, together with cruisers and other surface craft, may eventually alter the situation. Hitherto navies have existed for two purposes: national defense and the enforcement of foreign policies. The new treaty means that as long as it lasts the navies of the ratifying powers can be used for defense only and not for the enforcement of their policies in distant quarters of the globe. In other words, when disputes arise, British policies will prevail in the British area, American policies in the American area, and Japanese policies in the Japanese area. Having agreed to place ourselves in a position in which we cannot attack Japan, the only pressure we can bring to bear upon her in China or elsewhere is moral pressure. Through what was considered by some a grave strategical error, the naval treaty was completed before any settlement of the Chinese and Siberian questions had been reached.
The French insistence on the practically unlimited right to build submarines caused much hard feeling in England. The British delegates had proposed the total abolition of submarines, and this proposal had been ably supported by the arguments of Mr. Balfour and Lord Lee. Unfortunately the United States delegation stood for the submarine, proposing merely certain limits upon its use. The five naval powers finally signed a treaty reaffirming the old rules of international law in regard to the search and seizure of merchant vessels, and declaring that "any person in the service of any Power who shall violate any of those rules, whether or not such person is under orders of a governmental superior, shall be deemed to have violated the laws of war and shall be liable to trial and punishment as if for an act of piracy and may be brought to trial before the civil or military authorities of any Power within the jurisdiction of which he may be found." By the same treaty the signatory powers solemnly bound themselves to prohibit the use in war of poisonous gases.
The attempt to limit by treaty the use of the submarine and to prohibit altogether the use of gases appears to many to be utterly futile. After the experience of the late war, no nation would readily trust the good faith of another in these matters. Each party to a war would probably feel justified in being prepared to use the submarine and poison gases, contrary to law, in case the other party should do so. We would thus have the same old dispute as in the late war in regard to floating mines as to which party first resorted to the outlawed practice. What is the use in solemnly declaring that a submarine shall not attack a merchant vessel, and that the commander of a submarine who violates this law shall be treated as a pirate, when the contracting parties found it utterly impossible to agree among themselves upon a definition of a merchant vessel?
But the reader may ask, what is the use in signing any treaty if nations are so devoid of good faith? The answer is that the vast majority of treaties are faithfully kept in time of peace, but that very few treaties are fully observed in time of war. Had these five powers signed a treaty pledging themselves not to build or maintain submarines of any kind or description, we would have every reason to expect them to live up to it. But when a nation is engaged in war and has a large flotilla of submarines which it has agreed to use only for certain purposes, there is apt to come a time when the temptation to use them for wholly different purposes will be overwhelming.
The Committee on Pacific and Far Eastern Questions held its first meeting November 16. This committee was primarily concerned with the very delicate situation created by the aggressive action and expansion of Japan during the past twenty years. In 1905, by the Treaty of Portsmouth, Japan succeeded to the Russian rights in southern Manchuria; in 1910 she annexed Korea; in 1911, during the Chinese Revolution, she stationed troops at Hankow and later constructed permanent barracks; in 1914, after the defeat of the Germans at Kiao-chau, she took over all the German interests in the Shantung peninsula; in 1915 she presented the Twenty-one Demands to China and coerced that power into granting most of them; and in 1918, in conjunction with the United States, Great Britain, and France, she landed a military force in the Maritime Province of Siberia for the definite purpose of rescuing the Czecho-Slovak troops who had made their way to that province and of guarding the military stores at Vladivostok. The other powers had all withdrawn their contingents, but Japan had increased her force from one division to more than 70,000 troops. The eastern coast of Asia was thus in the firm grip of Japan, and she had secured concessions from China which seriously impaired the independence of that country.
It was commonly supposed that the United States delegation had prepared a program on the Far Eastern question, and that this would be presented in the same way that Hughes had presented the naval program. If this was the intention there was a sudden change of plan, for between one and two o'clock at night the Chinese delegates were aroused from their slumbers and informed that there would be an opportunity for them to present China's case before the committee at eleven o'clock that morning. They at once went to work with their advisers, and a few minutes before the appointed hour they completed the drafting of the Ten Points, which Minister Sze read before the committee. These Points constituted a Chinese declaration of independence, and set forth a series of general principles to be applied in the determination of questions relating to China. Several days later the committee adopted four resolutions, presented by Mr. Root, covering in part some of the Chinese principles. By these resolutions the powers agreed to respect the independence and territorial integrity of China, to give China the fullest opportunity to develop and maintain an effective and stable government, to recognize the principle of equality for the commerce and industry of all nations throughout the territory of China, and to refrain from taking advantage of present conditions in order to seek special rights or privileges. This somewhat vague and general declaration of principles appeared to be all that China was likely to get. Had Mr. Hughes presented a Far Eastern program and gotten nothing more than this, it would have been a serious blow to the prestige of the United States. That is probably why he decided at the last moment to let China present her own case.
At the fourth plenary session of the Conference the treaty relating to the Pacific islands, generally known as the Four-Power Treaty, was presented by Senator Lodge. By the terms of this treaty, the United States, Great Britain, France, and Japan agreed "to respect their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean," and in case of any dispute arising out of any Pacific question to refer the matter to a joint conference for consideration and adjustment. This article appeared harmless enough, but Article 2 seemed to lay the foundations of an alliance between these powers. It was as follows: "If the said rights are threatened by the aggressive action of any other Power, the High Contracting Parties shall communicate with one another fully and frankly in order to arrive at an understanding as to the most efficient measures to be taken, jointly or separately, to meet the exigencies of the particular situation." This treaty is to remain in force for ten years, after which it may be terminated by any of the High Contracting Parties on twelve months' notice. It supersedes the Anglo-Japanese Alliance which, it expressly provided, should terminate on the exchange of ratifications.
In presenting the treaty, Senator Lodge assured his hearers that "no military or naval sanction lurks anywhere in the background or under cover of these plain and direct clauses," and Secretary Hughes in closing the discussion declared that it would probably not be possible to find in all history "an international document couched in more simple or even briefer terms," but he added, "we are again reminded that the great things are the simple ones." In view of these statements the members of the Conference and the public generally were completely flabbergasted some days later when Secretary Hughes and the President gave out contradictory statements as to whether the treaty included the Japanese homeland. Hughes stated to the correspondents that it did, the President said it did not. Whereupon some wag remarked that at Paris President Wilson did not let the American delegation know what he did, while at Washington the delegates did not let President Harding know what they were doing. In deference to the President's views and to criticisms of the treaty in the Japanese press a supplementary treaty was later signed expressly declaring that the term "insular possessions and insular dominions" did not include the Japanese homeland.
Meanwhile the Shantung question was being discussed by China and Japan outside of the Conference, but with representatives of the British and American governments sitting as observers ready to use their good offices if called on. The reason for not bringing the question before the Conference was that Great Britain, France, and Italy were parties to the Treaty of Versailles, which gave Japan a legal title to the German leases in Shantung. The restoration of the province to China was vital to a satisfactory adjustment of Chinese affairs generally. Japan, however, was in no hurry to reach an agreement with China, wishing for strategical purposes to keep the matter in suspense to the last, if not to avoid a settlement until after the adjournment of the Conference and continue negotiations under more favorable conditions at Peking or Tokio.