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real league of all nations which are responsible nations. If we call a convention of all then every one will want to be heard and they will object if they are not given full representation. Now you have got to make a practical arrangement. Every nation ought to be heard in a congress that lays down the rules of law. What the proportion of representation should be is a matter of expediency and justice. You cannot fix it according to population alone, because China would then have four times as many votes as the United States. There ought to be a proportionate representation on some fixed basis, depending on importance and power, and perhaps on the average intelligence of the people; but you can fix that when you have a managing committee that passes on qualifications for admission. Such a league is going to be a great boon for the small nations. It is going to give them protection; and therefore it is going to be such an advantage that they will be glad to come in under reasonable conditions. But if you consult them all at once they will not be able to agree. We have had experience in that matter. In arranging the framework of an international court of admiralty prize, a court to deal with captures at sea, we were able to agree upon the membership because there were a lot of nations which had no navies and no merchantmen and which were therefore not concerned about naval prizes. But just as soon as we tried to establish a world-court, passing on general disputes between nations, then every nation wanted a judge on that court. That would have made the court worse than a town meeting, and it became impossible.
I am not in favor of letting in Germany for a long time. She must show herself worthy. She is a criminal before
the bar of justice. When you arrest a criminal and find a pistol on him you take it away. That is why, in this matter of reduction of armament, we have the right to say to Germany, we will draw your teeth," and that is what we have been doing. I do not know whether you share my feeling, but nothing has occurred since the armistice that has given me more satisfaction than the delivery of those great war vessels at the Firth of Forth, and of those submarines at the mouth of the Thames. The punishment was richly deserved.
FROM AN ARTICLE IN THE PUBLIC LEDGER,
JAN. 1, 1919 The League of Nations, to be useful, must command the respect of the world as upholding right and justice. The United States is the least interested of all the nations of the League in the terms of peace from a selfish standpoint. Our membership in it is, therefore, of the highest value. It will give confidence to the peoples of Europe in the purity and sincerity of the League's intentions to secure the good of all. President Wilson's trip has shown clearly the weight the United States has in this respect. It is not too much to say that he is stronger to-day with the people of Great Britain, France and Italy than are the respective Premiers of these countries. The longing of these peoples for a league of nations to maintain peace and his championing of such a league have had much to do with bringing about this result. It has secured the support of Lloyd George and Clémenceau for the League. This phase of the situation imposes the
heaviest obligation on the United States to retain an active part in the execution of all the provisions of the treaty.
REPRESENTATION IN THE LEAGUE 1
An objection made to the general idea of a League of Nations is the impossibility of adjusting properly and satisfactorily the representation of the small and large nations in the governmental agencies of the League. Every one is aware of this difficulty. It was one upon which the proposal for a world court halted before the war. The Study Committee of the League to Enforce Peace, believes the solution is to be found in giving representation, where representation is necessary, according to responsibility.
The functions of the League may conveniently be divided into the legislative, the judicial, the mediating and the executive. The congress of all the world Powers, great and small, will consider and determine general principles of international law and policy for the guidance of the judicial and executive branches. It may well codify international law and give it that definite legislative sanction the absence of which has led some jurists to deny that it is law at all. In such a congress the nations should have representation in accord with their world importance, measured by power, population and responsible character.
The great advantage of having a small league of the great Powers formed first for the immediate necessities of maintaining the terms of this peace and constituting the
1 Article in Public Ledger Jan. 3, 1919.
initiating nucleus of a larger world league is that the small league could work out the equitable representation of the smaller nations as they apply for admission. The protection the greater league will assure them will induce them to seek the boon of membership.
The great Powers of the small league as the trustees for all, made so by circumstances, may then fairly adjust the representation which each incoming member of the great league should have.
The judicial branch or court of the League should not be a representative body at all. It should be a tribunal made up of great international jurists, selected for their high character, judicial and impartial bent of mind, their learning in jurisprudence and their ability. They should be permanent judges, made independent in tenure and compensation. Citizenship in countries parties to the controversy should disqualify members of the court in the particular case. They should have jurisdiction only to hear pure questions of law and fact.
No political question should come before them. They should interpret treaties and declare and apply the international law as now established or as qualified and enacted by the congress of Powers. The difficulty as to representation should not, therefore, arise as to the constitution of the court. Of course, to give confidence in its broad view of the world law, care should be taken to select judges from different countries with different systems of law, and thus give the tribunal a world character.
The commission of conciliation, which is a negotiating, mediating body, should have the representative feature. The small nations are too many to have members of it permanently; but every nation having a real interest in the
issue to be settled should be represented on it for the time being, and its representative should take part in the mediation, hearing and recommendation of settlement.
In its practical working the great Powers will furnish the police force of the League, and their representatives should exercise the executive function. The safety and security of the lesser nations who cannot be expected to share the burden of military contribution will be found in the judgments of the impartial international court, in the recommendation of the commission of conciliation and the principles of international justice ordained in a congress of the world's nations. Moreover, without representatives in the executive, they may well confide in the friendly and just attitude of the united executive council of great Powers in carrying out the judgments of the League court and in dealing with the compromises recommended by the League commission of conciliation. The great Powers in the executive council will have no united interest adverse to small nations as a group or individually. On the contrary, they will watch one another in dealing with every small nation. The resultant action will be dictated by the common purpose of the League.
We are not now considering the representation of the United States in the branches of the League. As one of the great Powers, it will have an influential voice in all of them. We are only suggesting a method of giving the small nations the protection they should have and a representation when practical and needed.