Woodrow Wilson as I Know Him

by Joseph P. Tumulty

POLK, Acting.

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The first suggestion made by Mr. Root is not only substantially expressed in Article XIII of the Treaty, but almost literally, in its very text, appears in this section of the Covenant.

Mr. Root's proposition that "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 at the Second Hague, when established, or to some other arbitral tribunal, all disputes between them," etc. This is actually done by Article 13, the reference being not to the Hague or to the proposal of the Second Hague Convention, but to a court of arbitration "agreed on by the parties to the dispute or stipulated in any convention existing between them."

As will readily be seen, Mr. Root's definition of "disputes of justiciable character" is embodied literally in Article XIII of the Covenant, Mr. Root's exact language having been appropriated at the Peace Commission.

Mr. Root's second proposed amendment provided for calling "a general conference of the powers to meet in not less than two years, or more than five years, after the signing of this convention for the purpose of reviewing the condition of international law and of agreeing upon and stating in authoritative form the principles and rules thereof."

In Article XIX of the Covenant it is provided that the Assembly meet from time to time to engage in "the consideration of international conditions whose continuance might endanger the peace of the world." If it may be said that this provision of Article XIX does not make it mandatory upon the council to meet at fixed periods, for the purpose of reviewing international conditions, on the other hand it may be urged that it empowers the Assembly to advise such a review at any time, and the Council to make such review at any time and as often as the necessities might permit. "The consideration of international conditions" certainly comprehends a review of international law and a rectification of its imperfections, so that substantially the whole of this suggestion by Mr. Root is in the Covenant.

The third amendment of the Covenant suggested by Mr. Root is exceedingly interesting in several particulars. Those who would invoke the aid and sympathy of the Government of the United States in the effort for Irish freedom will observe that Mr. Root herein precludes the United States from having any interest in, or wish to intrude upon or interfere with, the political policy of the internal administration of any foreign state. Contrast this with Article XI of the Covenant, which President Wilson in a speech on the Pacific coast said was peculiarly his own and in which it is declared to be the friendly right of any member of the League to bring to the attention of the Assembly or of the Council any circumstances whatever affecting international relations which threaten to disturb the internal peace or understanding between nations, and if this may be regarded as outside the question, let it go, and turn to another significant phrase contained in Mr. Root's suggested amendment. It will be noted that nowhere in his suggested modifications of the Covenant does Mr. Root suggest any alteration whatsoever of Article X, as it stands. On the contrary, in Mr. Root's third suggested amendment he proposed to put the United States definitely on record as acceding "to the wish of the European states that this nation shall join its powers to theirs for the preservation of general peace."

The final proposition contained in Mr. Root's proposed third amendment is broadly cared for in Article XXI of the Covenant relating to the Monroe Doctrine, and by implication in paragraph 8 of Article XV, which prohibits any recommendation by the Council as to the settlement of the matters solely within the domestic jurisdiction of any member of the League.

It may, furthermore, be stated that the President cheerfully agreed to a reservation presented by Mr. Hitchcock, of the Senate Foreign Relations Committee, even more specifically withholding all domestic questions from the jurisdiction of the League.