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interpretation of treaties, national rights, etc. The present method of an exchange of cases and of counter-cases is more diplomatic than judicial, since it does not put the parties in the relation of complainant and defendant. This relation can in every case be established, if not by mutual agreement, then by some agency of the League of Nations charged with that duty. Until this reform of procedure takes place there will be no definition of issues, and arbitration will continue to be the long and elaborate proceeding it has been in the past.

“There is another practical obstacle to international arbitration as now conducted which ought to be considered, and that is the cost. This obstacle does not affect wealthy nations, but it does prevent small and poor nations from resorting to it as a means of settling disputes. Just how this can be remedied I am not prepared to say, although possibly the international support of all arbitral tribunals might be provided. At any rate, I feel that something should be done to relieve the great expense which now prevents many of the smaller nations from resorting to arbitration.

“I would suggest, therefore, that the Peace Treaty contain a provision directing the League of Nations to hold a conference or to summon a conference to take up this whole matter and draft an international treaty dealing with the constitution of arbitral tribunals and radically revising the procedure.

“On account of the difficulties of the subject, which do not appear on the surface, but which experience has shown to be very real, I feel that it would be impracticable to provide in the Peace Treaty too definitely the method of constituting arbitral tribunals. It will require considerable thought and discussion to make arbitration available to the poor as well as the rich, to make an award a judicial

settlement rather than a diplomatic compromise, and to supersede the cumbersome and prolonged procedure with its duplication of documents and maps by a simple method which will settle the issues and materially shorten the proceedings which now unavoidably drag along for months, if not for years.

“Faithfully yours


“28 Rue de Monceau"

At the time that I sent this letter to Mr. Wilson I had not seen the revised draft of the Covenant which he laid before the Commission on the League of Nations. The probability is that, if I had seen it, the letter would not have been written, for in the revision of the original draft the objectionable Article V, relating to arbitration and appeals from arbitral awards, was omitted. In place of it there were substituted two articles, II and 12, the first being an agreement to arbitrate under certain conditions and the other providing that “the Executive Council will formulate plans for the establishment of a Permanent Court of International Justice, and this Court will be competent to hear and determine any matter which the parties recognize as suitable for submission to it for arbitration.” Unadvised as to this change, which promised a careful

a consideration of the method of applying legal principles of justice to international disputes, I did not feel that I could let pass without challenge the unsatisfactory provisions of the President's original draft. Knowing the contempt which Mr. Wilson felt for The Hague Tribunal and his general suspicion of the justice of decisions which it might render, it seemed to me inexpedient to suggest that it should form the basis of a newly constituted judiciary, a suggestion which I should have made had I been dealing with any one other than President Wilson. In view of the intensity of the President's prejudices and of the uselessness of attempting to remove them, my letter was intended to induce him to postpone a determination of the subject until the problems which it presented could be thoroughly studied and a judicial system developed by an international body of representatives more expert in juridical matters than the Commission on the League of Nations, the American members of which were incompetent by training, knowledge, and practical experience to consider the subject.

No acknowledgment, either written or oral, was ever made of my letter of February 3. Possibly President Wilson considered it unnecessary to do so in view of the provision in his revised Covenant postponing discussion of the subject. At the time, however, I naturally assumed that my voluntary advice was unwelcome to him. His silence as to my communications, which seemed to be intended to discourage a continuance of them, gave the impression that he considered an uninvited opinion on any subject connected with the League of Nations an unwarranted interference with a phase of the negotiations which he looked upon as his own special province, and that comment or suggestion, which did not conform wholly to his views, was interpreted into opposition and possibly into criticism of him personally.

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

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