This judgment of the President's mental attitude, which was formed at the time, may have been too harsh. It is possible that the shortness of time in which to complete the drafting of the report of the Commission on the League of Nations, upon which he had set his heart, caused him to be impatient of any criticism or suggestion which tended to interrupt his work or that of the Commission. It may have been that pressure for time prevented him from answering letters of the character of the one of February 3. Whatever the real reason was, the fact remains that the letter went unnoticed and the impression was made that it was futile to attempt to divert the President from the single purpose which he had in mind. His fidelity to his own convictions and his unswerving determination to attain what he sought are characteristics of Mr. Wilson which are sources of weakness as well as of strength. Through them success has generally crowned his efforts, success which in some instances has been more disastrous than failure would have been.
By what means the change of Article V of the original draft of the Covenant took place, I cannot say. In the memorandum of Messrs. Miller and Auchincloss no suggestion of a Court of International Justice appears, which seems to indicate that the provision in the revised draft did not originate with them or with Colonel House. In fact on more than one occasion I had mentioned arbitration to the Colonel and found his views on the subject extremely vague, though I concluded that he had almost as poor an opinion of The Hague Tribunal as did the President. The probability is that the change was suggested to Mr. Wilson by one of the foreign statesmen in a personal interview during January and that upon sounding others he found that they were practically unanimous in favor of a Permanent Court of Justice. As a matter of policy it seemed wise to forestall amendment by providing for its future establishment. If this is the true explanation, Article 12 was not of American origin, though it appears in the President's revised draft.
To be entirely frank in stating my views in regard to Mr. Wilson's attitude toward international arbitration and its importance in a plan of world organization, I have always been and still am skeptical of the sincerity of the apparent willingness of the President to accept the change which was inserted in his revised draft. It is difficult to avoid the belief that Article V of the original draft indicated his true opinion of the application of legal principles to controversies between nations. That article, by depriving an arbitral award of finality and conferring the power of review on a political body with authority to order a rehearing, shows that the President believed that more complete justice would be rendered if the precepts and rules of international law were in a measure subordinated to political expediency and if the judges were not permitted to view the questions solely from the standpoint of legal justice. There is nothing that occurred, to my knowledge, between the printing of the original draft of the Covenant and the printing of the revised draft, which indicated a change of opinion by the President. It may be that this is a misinterpretation of Mr. Wilson's attitude, and that the change toward international arbitration was due to conviction rather than to expediency; but my belief is that expediency was the sole cause.
CHAPTER XII
REPORT OF COMMISSION ON LEAGUE OF NATIONS
The Commission on the League of Nations, over which President Wilson presided, held ten meetings between February 3 and February 14, on which latter day it submitted a report at a plenary session of the Conference on the Preliminaries of Peace. The report was presented by the President in an address of exceptional excellence which made a deep impression on his hearers. His dignity of manner, his earnestness, and his logical presentation of the subject, clothed as it was in well-chosen phrases, unquestionably won the admiration of all, even of those who could not reconcile their personal views with the Covenant, as reported by the Commission. It was a masterly effort, an example of literary rather than emotional oratory, peculiarly fitting to the occasion and to the temper and intellectual character of the audience.
Considering the brief time given to its discussion in the Commission and the necessary haste required to complete the document before the President's departure, the Covenant as reported to the Conference was a creditable piece of work. Many of the more glaring errors of expression and some of the especially objectionable features of the President's revised draft were eliminated. There were others which persisted, but the improvement was so marked that the gross defects in word and phrase largely disappeared. If one accepted the President's theory of organization, there was little to criticize in the report, except a certain inexactness of expression which indicated a lack of technical knowledge on the part of those who put the Covenant into final form. But these crudities and ambiguities of language would, it was fair to presume, disappear if the articles passed through the hands of drafting experts.
Fundamentally, however, the Covenant as reported was as wrong as the President's original draft, since it contained the affirmative guaranty of political independence and territorial integrity, the primacy of the Five Great Powers on the Executive Council, and the perplexing and seemingly unsound system of mandates. In this I could not willingly follow President Wilson, but I felt that I had done all that I could properly do in opposition to his theory. The responsibility of decision rested with him and he had made his decision. There was nothing more to be said.
On the evening of the day of the plenary session, at which the report of the League of Nations was submitted, the President left Paris for Brest where the George Washington was waiting to convey him to the United States. He carried with him the report of the Commission, whose deliberations and decisions he had so manifestly dominated. He went prepared to meet his political antagonists and the enemies of the League, confidently believing that he could win a popular support that would silence the opposition which had been increasingly manifest in the Halls of Congress and in some of the Republican newspapers which declined to follow Mr. Taft, Mr. Wickersham, Mr. Straus, and other influential Republican members of the League to Enforce Peace.
During the ten days preceding February 14, when the Commission on the League of Nations held daily sessions, the President had no conferences with the American Commissioners except, of course, with Colonel House, his American colleague on the Commission on the League. On the morning of the 14th, however, he called a meeting of the Commissioners and delivered to them the printed report which was to be presented that afternoon to the plenary session. As the meetings of the Commission on the League of Nations had been secret, the American Commissioners, other than Colonel House, were almost entirely ignorant of the proceedings and of the progress being made. Colonel House's office staff knew far more about it than did Mr. White, General Bliss, or I. When the President delivered the report to the Commissioners they were, therefore, in no position to express an opinion concerning it. The only remarks were expressions of congratulation that he had been able to complete the work before his departure. They were merely complimentary. As to the merits of the document nothing was or could be said by the three Commissioners, since no opportunity had been given them to study it, and without a critical examination any comment concerning its provisions would have been worthless. I felt and I presume that my two colleagues, who had not been consulted as to the work of the Commission on the League, felt, that it was, in any event, too late to offer suggestions or make criticisms. The report was in print; it was that afternoon to be laid before the Conference; in twelve hours the President would be on his way to the United States. Clearly it would have been useless to find fault with the report, especially if the objections related to the fundamental ideas of the organization which it was intended to create. The President having in the report declared the American policy, his commissioned representatives were bound to acquiesce in his decision whatever their personal views were. Acquiescence or resignation was the choice, and resignation would have undoubtedly caused an unfortunate, if not a critical, situation. In the circumstances acquiescence seemed the only practical and proper course.