IV. AMENDMENTS PROPOSED TO THE ORIGINAL DRAFT OF THE CONSTITUTION OF THE LEAGUE OF NATIONS

By the Honorable William Howard Taft

First.-An amendment making reservations designed to safeguard the Monroe Doctrine and to satisfy those Senators and others who fear the Monroe Doctrine might be jeopardized by the League of Nations, this amendment being drafted so that agreements under the League covenant shall not be construed as an infringement upon the principles of international policies heretofore generally recognized.

Second. An amendment definitely affirming the right of any country in the League to control matters solely within its domestic jurisdiction, this reservation being broad enough to protect the United States in dealing with immigration and preventing the influx of foreign labor.

Third. An amendment definitely stating the rule of unanimity and making it perfectly plain that any action taken by the Executive Council of the League must be unanimous, thereby necessitating the concurrence of the American Government's member of

the Executive Council before its action could be binding on the United States.

Fourth. An amendment by way of definite statement on the right of nations to withdraw from the League of Nations and possibly providing for a definite term, perhaps ten years, for the League as a whole, and a definite term for the obligation to restrict armament within such limit as may be agreed

upon.

By the Honorable Charles Evans Hughes

Having explained at the outset that he would not attempt to review matters of mere form, as it seemed to be conceded that the covenant was poorly drafted, and its most earnest supporters had severely criticized it, Mr. Hughes said he thought the Covenant should be amended as follows:

"(1) By explicit provision as to the requirement of unanimity in decision.

"(2) By suitable limitation as to the field of the league's inquiries and action, so as to leave no doubt that the internal concerns of States, such as immigration and tariff laws, are not embraced.

"(3) By providing that no foreign Power shall hereafter acquire, by consent, purchase or in any other way any possession on the American Continent or the islands adjacent thereto.

"(4) By providing that the settlement of purely American questions shall be remitted primarily to the

American nations, and that European nations shall not intervene unless requested to do so by the American nations.

"(5) By omitting the guaranty of Article X [which pledges the nations in the compact to undertake to preserve against external aggression the territorial integrity and existing political independence of every State in the league.]

"(6) By providing that no member of the league shall be constituted a mandatary without its consent, and no European or Asiatic Power shall be constituted a mandatary of any American people.

"(7) By providing that any member of the league may withdraw at its pleasure on specified notice."

Mr. Hughes criticized severely the tenth article of the covenant, under which the "High Contracting Parties" undertake to "respect and preserve as against external aggression the territorial integrity and existing political independence of all states members of the league." Conceding the argument that this clause had been included to protect the nations born of the war, the speaker regarded it "as a trouble-breeder and not a peace maker.”

It makes no allowance, he said, for changes in the make-up of member nations which may be found advisable and "ascribes a soundness of judgment to the peace conference in erecting States and defining boundaries which nobody in the history of the world has ever possessed."

Mr. Hughes said definite recognition should be made in the league covenant of the Monroe Doctrine and, while urging a clause prohibiting European aggression on the American continent in any form, he advocated also reserving the right of any nation to decline a mandatary for the administration of foreign territory.

By the Honorable Elihu Root

First Amendment

Strike out Article XIII, and insert the following:

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 Conference when established, or to some other Arbitral Tribunal, all disputes between them (including those affecting honor and vital interests) which are of a justiciable character, and which the powers concerned have failed to settle by diplomatic methods. The powers so referring to arbitration agree to accept and give effect to the award of the Tribunal.

Disputes of a justiciable character are defined as disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or

as to the nature and extent of the reparation to be made for any such breach.

Any question which may arise as to whether a dispute is of a justiciable character is to be referred for decision to the Court of Arbitral Justice when constituted, or, until it is constituted, to the existing Permanent Court of Arbitration at The Hague.

Second Amendment

Add to Article XIV the following paragraph:"The Executive Council shall call a general conference of the Powers to meet 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.

"Thereafter regular conferences for that purpose shall be called and held at stated times."

Third Amendment

Immediately before the signature of the American delegates, insert the following reservation:

“Inasmuch as in becoming a member of the League the United States of America is moved by no interest or wish to intrude upon or interfere with the political policy or internal administration of any foreign State, and by no existing or anticipated dangers in the affairs of the American continents, but accedes to the wish of the European States that it shall join its power to theirs for the preservation of general peace,