Harper's Pictorial Library of the World War, Volume XII

by Unknown

"by the acceptance of obligations not to resort to war, by the prescription of open, just and honorable relations between nations, by the firm establishment of the understandings of international law as to actual rule of conduct among governments, and by the maintenance of justice and a scrupulous respect for all treaty obligations in the dealings of organized peoples with one another."

Are not these methods such as America has made her own? Have we not in many treaties accepted obligations not to make war until all peaceful methods of settling disputes shall have been exhausted; have we not striven to make the principles of international law rules for the government of nations; and was not one of the main points in the indictment of Germany on which we prosecuted the war against her that she had flouted the sanctity of treaties and made them mere scraps of paper?

The objects of the League therefore, as set forth in the Covenant, are expressive only of policies and principles to which the United States has given a consistent and unbroken adherence from the days of the Jay Treaty to the present hour. How are these objects proposed to be attained in the text of the Covenant? What is there in its provisions to justify the frantic abuse that has been heaped upon it by its opponents and to sustain the final accusation that it is "un-American?"

MACHINERY OF THE LEAGUE

First, as to the Machinery of the League. There is an Assembly of its members to which each Sovereign State may send delegates. There is an Assembly of its members to which each nation necessarily has one vote. In the United States Senate, Rhode Island and New York have equal representation, despite disparity in wealth and population. The principle of sovereignty requires this recognition of equality. But the powers of the Assembly are restricted to voting upon the admission of new members to the League, the addition of members to the Council, the disposition of international disputes which may be referred to it by the Council under Article XV, and the general consideration at its meetings of "any matter within the sphere of action of the League or affecting the peace of the world." This general authority only can embrace the right of discussion, save in very exceptional cases, as by Article V, "decisions at any meeting of the Assembly or of the Council shall require the agreement of all the members of the League represented at the meeting."

The actual governing body of the League is the Council, which is to consist of representatives of the five greater powers,—the United States, Great Britain, France, Italy and Japan, together with representatives of four other members of the League selected by the Assembly from time to time. These numbers may be increased, but only by the unanimous vote of the Council, approved by a majority of the Assembly.

As noted above, save in the very few expressly expected cases, the Council can reach decisions only by unanimous vote. What are to be its functions? They need not be enumerated in detail here. Briefly, they deal with the reduction of armaments, the control by governments of the private manufacture of munitions and implements of war, the consideration of any war or threat of war—"of any circumstance whatever affecting international relations which threatens to disturb either the peace or the good understanding between nations upon which peace depends." They require the formulation and submission to the members of the League for adoption of plans for the establishment of a permanent Court of International Justice. They empower the Council to endeavor to effect a settlement of any international dispute which shall not be submitted to arbitration by the parties; to investigate, consider and report upon any such dispute, and to publish its conclusions.

The parties to the League solemnly covenant and agree that if any dispute shall arise between them likely to lead to a rupture they will submit it either to arbitration or inquiry by the Council, and that in no case will they resort to war until three months after the award by the arbitrators or the report by the Council. They agree also to carry out in good faith any award that may be rendered, and not to make war against any member of the League that complies therewith. If a report by the Council is unanimously agreed to by its members, other than the representatives of the disputants, the members agree not to go to war with any party to the dispute which complies with the recommendations of the report.

OBJECTIONS TO THE PLAN

It is objected by some that the decision of questions between nations by these provisions is left to a body of delegates composing the Council who are not bound to decide according to rules of international law, but may reach conclusions merely as political expediency. This seems a strained interpretation. The members of the League agree to submit either (1) to arbitration or (2) to investigation by the Council, every dispute which may arise between them likely to lead to a rupture and in no case to resort to war until three months after the award by arbitrators or the report by the Council. They declare (by Article XIII)