Monroe Doctrine reservation alone would probably carry the treaty but others would make it certain. Gus Karger has telegraphed me that the President will welcome any suggestions, and the sooner the better. I have thought perhaps it might help more if I was somewhat more specific than I was in the memorandum note I sent you yesterday, and I therefore enclose another memorandum for such action as you deem wise. Duration of the Covenant Add to the Preamble the following: "from the obligations of which any member of the League may withdraw after July 1, 1929, by two years' notice in writing, duly filed with the Secretary General of the League." Explanation. I have no doubt that the construction put upon the agree ment would be what I understand the President has already said it should be, namely that any nation may withdraw from it upon reasonable notice, which perhaps would be a year. I think, however, it might strengthen the Covenant if there was a fixed duration. It would completely remove the objection that it is perpetual in its operation. Duration of Armament Limit Add to the first paragraph of Article VIII, the following: "At the end of every five years, such limits of armament for the several governments shall be reëxamined by the Executive Council, and agreed upon by them as in the first instance." Explanation The duration of the obligation to limit armament, which now may only be changed by consent of the Executive Council, has come in for criticism. I should think this might be thus avoided, without in any way injuring the Covenant. Perhaps three years is enough, but I should think five years would be better. Unanimous action of the Executive Council or Body of Delegates Insert in Article IV, after the first paragraph, the following: 66 'Other action taken or recommendations made by the Executive Council or the Body of Delegates shall be by the unanimous vote of the countries represented by the members or delegates, unless otherwise specifically stated." Explanation Great objection is made to the power of the Executive Council by a majority of the members and the Body of Delegates to do the things which they are authorized to do in the Covenant. In view of the specific provision that the Executive Council and the Body of Delegates may act by a majority of its members as to their procedure, I feel confident that, except in cases where otherwise provided, both bodies can only act by unanimous vote of the countries represented. If that be the right construction, then there can be no objection to have it specifically stated, and it will remove emphatic objection already made on this ground. It is a complete safeguard against involving the United States primarily in small distant wars to which the United States has no immediate relation, for the reason that the plan for taking care of such a war, to be recommended or advised by the Executive Council, must be approved by a representative of the United States on the Board. Add to Article X. a. "A state or states of America, a member or members of the League and competent to fulfil this obligation in respect to American territory or independence, may, in event of the aggression actual or threatened, expressly assume the obligation and relieve the European or non-American members of the League from it until they shall be advised by such American state or states of the need for their aid." b. "Any such American state or states may protect the integrity of any American territory and the sovereignty of the government whose territory it is, whether a member of the League or not, and may, in the interest of American peace, object to and prevent the further transfer of American territory or sovereignty to any European or non-American power." Explanation Objection has been made that, under Article X, European governments would come to America with force and be concerned in matters from which heretofore the United States has excluded them. This is not true, because Spain fought Chili, in Seward's time, without objection from the United States, and so Germany and England instituted a blockade against Venezuela in Roosevelt's time. This fear could be removed, however, by the first of the above paragraphs. Paragraph (b) is the Monroe Doctrine pure and simple. I forwarded this in my first memorandum. It will be observed that Article X only covers the integrity and independence of members of the League. There may be some American countries which are not sufficiently responsible to make it wise to invite them into the League. This second paragraph covers them. The expression "European or non-American" is inserted for the purpose of indicating that Great Britain, though it has American dominion, is not to acquire further territory or sovereignty. Japanese Immigration and Tariffs Add to Article XV: "If the difference between the parties shall be found by this Executive Council or the Body of Delegates to be a question which by international law is solely within the domestic jurisdiction and polity of one of the parties, it shall so report and not recommend a settlement of the dispute." Explanation Objection is made to Article XV that under its terms the United States would be bound by unanimous recommendation for settlement of a dispute in respect to any issue foreign or domestic; that it therefore might be affected seriously and unjustly by recommendations against the exclusion of Japanese or Chinese, or by recommendations forbidding tariffs on importations. In my judgment, we could rely on the public opinion of the world, evidenced by the Body of Delegates, not to interfere with our domestic legislation and action. Nor do I think that under the League as it is, we covenant to abide by a unanimous recommendation. But if there is a specific exception made in respect to matters completely within the domestic jurisdiction and legislation of a country, the whole criticism is removed. The Republican Senators are trying to stir up anxiety among Republicans, lest this is to be a limitation upon our tariff. The President has already specifically met the objection as to limitation upon the tariff when the fourteen points were under discussion. Nevertheless, in respect to the present language of the Covenant, it would help much to meet and remove objections, and cut the ground under Senatorial obstruction. Prospect of Ratification My impression is that if the one article already sent, on the Monroe Doctrine, be inserted in the treaty, sufficient Republicans who signed the Round Robin would probably retreat from their positions and vote for ratification so that it would carry. If the other suggestions were adopted, I feel confident that all but a few who oppose any League at all would be driven to accept them and to stand for the League. TELEGRAM The White House, Washington, D. C., Hon. William H. Taft: Have just received following from the President. |