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was done with that by our commission, to which yon replied that you did not know. Senator Brandegee said, "It was not favorablyconsidered, was it? Of course it was not adopted." And you replied, "No; there was no action taken."
The Chairman. Are there any further questions?
Secretary Lansing. I was also asked to submit the report of the Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties, which contained the reservations
The Chairman. Those are the sections relating to the Kaiser?
Secretary Lansing. Yes; the trial of the Kaiser. I do not know whether you want that inserted in the record.
Senator Moses. I think it should be.
The Chairman. It may be inserted as a part of the Secretary's testimony.
Senator Mccumber. Your view on that subject is in the document?
Secretary Lansing. Is in the signed memorandum that is annexed to the report.
(The document referred to is printed following to-day's hearing.)
Senator Fall. Is there a statement in this memorandum as to whether the trial of the Kaiser will be judicial in its nature or not?
Secretary Lansing. You will have to determine that from the terms of the treaty. I do not undertsand that it is of a judicial nature at all, but it is rather a tribunal that is established as a political instrument.
Senator Fall. Mr. Clemenceau so stated in his answer to Brockdorff-Rantzau, did he not?
Secretary Lansing. I do not recall.
Senator Fall. Mr. Clemenceau stated in his answer to Brockdorff-Rantzau that the trial would not be judicial in its nature, while it would follow judicial forms.
Senator Williams. Yes; as I understand it, it is a political case, but that in investigating it they will pursue judicial methods.
Secretary Lansing. That is correct.
The Chairman. Is there anything else you care to have printed? We will be very glad to put it in the record if there is anything.
Secretary Lansing. I think there is nothing to add.
The Chairman. I understand Mr. Miller had something to do with the drafting of the league of nations provision, and we will be very glad to have him here to-morrow morning at 10.30. If there are no further questions, we will excuse the Secretary of State.
(Whereupon, at 12.35 p. m., the committee adjourned until Tuesday, August 12, 1919, at 10.30 a. m.)
(The documents referred to in the hearing, to be printed in connection with it, are as follows:)
To The Senate: I have received the resolutions of the Senate dated July 15 and July 17 asking: First. For a copy of any treaty purporting to have been projected between Germany and Japan, such as was referred to in the press dispatch inclosed, together with any information in regard to it which may be in possession of the State Department, or any information concerning any negotiations between Japan and Germany during the progress of the war. In reply to this resolution I have the honor to report that 1 know of no such negotiations. I had heard the rumors that are referred to, but was never able to satisfy myself that there was any substantial foundation for them.
Second. Requesting a copy of any letter or written protest by the members of the American Peace Commission, or any officials attached thereto, against the disposition or adjustment which was made in reference to Shantung, and particularly a copv of a letter written by Gen. Tasker H. Bliss, member of the peace commission, on behalf of himself, Hon fiobert Lansing, Secretary of State, and Hon. Henry White, members of the peace commission, protesting against the provisions of the treaty with reference to Shantung. In reply to this request let me say that Gen. Bliss did write me a letter in which he took very strong grounds against the proposed Shantung settlement, and that his objections were concurred in by the Secretary of State and Mr. Henry White. But the letter can not properly be described as a protest against the final Shantung decision, because it was written before that decision had been arrived at and in response to my request that my colleagues on the commission apprise me of their judgment in the matter. The final decision was very materially qualified by the policy which Japan undertook to pursue with regard to the return of the Shantung Peninsula in full sovereignty to China.
I would have no hesitation in sending the Senate a copy of Gen. Bliss's letter were it not for the fact that it contains references to other Governments which it was perfectlv proper for Gen. Bliss to make in a confidential communication to- me, but which, I am sure, Gen. Bliss would not wish to have repeated outside our personal and intimate exchange of views.
I have received no written protest from any officials connected with or attached to the American Peace Commission with regard to this matter.
I am also asked to send you any memorandum or other information with reference to an attempt of Japan or her peace delegates to intimidate the Chinese peace delegates. I am happy to say that I have no such memorandum or information.
The White House,
August 8, 1919.
The White House, Washington, 8 August, 1919.
My Dear Mr. Chairman: I have at last been able to go personally over the great mass of papers which remained in my hands at the close of my stay in Paris, and am disappointed to find that it is in no respect a complete file, the complete files remaining with the American commission.
You ask for all drafts or forms presented to or considered by the peace commissioners relating to the league of nations, and particularly the draft or form prepared or presented by the commissioners of the United States. There are no formal drafts in mv possession, except that presented by the American commissioners, and this I take pleasure in enclosing, along with the formal report of tr^e commission on the league of nations.
You also ask for all proceedings, arguments, and debates, including a transcript of the stenographic reports of the peace commission relating to or concerning a league of nations or the league of nations finally adopted, and all data bearing upo,n or used in connection with the treaty of peace with Germany now pending. -So stenographic reports were taken of the debates on the league of nations, and such memoranda as were taken it was agreed should be confidential. The reason for regarding as confidential intimate exchanges of opinion with regard to many delicate matters will, of course, occur to you, and I beg to say that I am following the exaflhp of the representatives of the other Governments in making this explanation, ^^f
The various data bearing upon or used in connection with the treaty of peace with Germany are so miscellaneous and enormous in mass that it would be impossible for me so Bupply them without bringing from Paris the whole file of papers of the commission itself, and would include many memoranda which, it was agreed on grounds of public policy, it would be unwise to make use of outside the conference. Very sincerely, yours,
Hon. Henrt Cabot Lodge,
Chairman Committee on Foreign Affairs, United States Senate.
AMERICAN DRAFT OF COVENANT OF LEAGUE OF NATIONS.
In order to secure international peace and security by the acceptance of obligations not to resort to the use of armed force, by the
rescription of open, just and honorable relations between nations.
y the firm establishment of the understandings of international law as the actual rule of conduct among governments, and bv the maintenance of justice and a scrupulous respect for all treaty obligations in the dealings of organized peoples with one another, and in order to promote international cooperation, the Powers signatory to this Covenant adopt this constitution of the League of Nations.
The action of the Contracting Powers under the terms of this Covenant shall be effected through the instrumentality of a Body of Delegates which shall consist of the diplomatic representatives of the Contracting Powers accredited to X. and the Minister of Foreign Affairs of X. The meetings of the Body of Delegates shall be held at the seat of government of X. and the Minister for Foreign Affairs of X. shall be the presiding officer.
Whenever the Delegates deem it necessary or advisable, they mav meet temporarily at the seat of government of Y. or of Z., in which case the diplomatic representative to X. of the country in which the meeting is held shall be the presiding officer pro tempore.
It shall be the privilege of any of the Contracting Powers to assist its representative in the Body of Delegates by any method of conference, counsel, or advice that may seem best to it, and also to be represented at any time by a special representative.
The Body of Delegates shall regulate their own procedure and shall have power to appoint such committees as they may deem necessary to inquire into and report upon any matters that lie within the field of their action.
It shall be the right of the Body of Delegates, upon the initiative of any member, to discuss, either publicly or privately as it may deem best, any matter lying within the field of action 01 the League of Nations as defined in this Covenant, or any matter likely to affect the peace of the world; but all actions of the Body of Delegates taken in the exercise of the functions and powers granted to them under this Covenant shall be formulated and agreed upon by an 254
Executive Council, which shall act either by reference or upon its own initiative and which shall consist of the representatives of the Great Powers, together with representatives drawn in annual rotation from two panels, one of which shall be made up of the representatives of the States ranking next after the Great Powers and the others of the representatives of the minor States (a classification which the Body of Delegates shall itself establish and may from time to time alter), such a number being drawn from these panels as will be but one less than the representatives of the Great Powers; and three or more negative votes in the Council shall operate as a veto upon any action or resolution proposed.
All resolutions passed or actions taken by the Body of Delegates or by the Executive Council, except those adopted in execution of any specific powers herein granted, shall have the effect of recommendations to the several governments of the League.
The Executive Council shall appoint a permanent Secretariat and staff and may appoint joint committees, chosen from the Body of Delegates or consisting of other specially qualified persons, for the study and systematic consideration of the international questions with which the Council may have to deal, or of questions likely to lead to international complications or disputes. The Executive Council shall also take the necessary steps to establish and maintain proper liaison both with the foreign offices of the Contracting Powers and with any governments or agencies which may be acting as mandataries of the League in any part of the world.
The Contracting Powers undertake to respect and to protect as against external aggression the political independence and territorial integrity of all States members of the League.
The Contracting Powers recognize the principle that the maintenance of peace will require the reduction of national armaments to the lowest point consistent with domestic safety and the enforcement by common action of international obligations; and the Executive Council shall formulate plans for effecting such reduction. It shall also require into the feasibility of abolishing compulsory military service and the substitution therefor of forces enrolled upon a voluntary basis and into the military and naval equipment which it is reasonable to maintain.
The Executive Council shall also determine for the consideration and action of the several governments what military equipment and armament is fair and reasonable in proportion to the scale of forces laid down in the programme of disarmament; and these limits, when adopted, shall not be exceeded without the permission of the Body of Delegates.
The Contracting Powers further agree that munitions and implements of war shall not be manufactured by private enterprise and that there shall be full and frank publicity as to all national armaments and military or naval programmes.
The Contracting Powers agree that should disputes or difficulties arise between or among them which cannot be satisfactorily settled or adjusted by the ordinary processes of diplomacy, they will in no case resort to armed force without previously submitting the questions and matters involved either to arbitration or to inquiry by the Executive Council and until there has been an award bv the arbitrators or a recommendation by the Executive Council; and that they will not even then resort to armed force as against a member of the League of Nations who complies with the award of the arbitrators or the recommendation of the Executive Council.
The Contracting Powers agree that whenever any dispute or difficulty shall arise between or among them with regard to any question of the law of nations, with regard to the interpretation of a treaty, as to any fact which would, if established, constitute a breach of international obligation, or as to any alleged damage and the nature and measure of the reparation to be made therefor, if such dispute or difficulty cannot be satisfactorily settled by the ordinary processes of negotiation, to submit the whole subject-matter to arbitration and to carry out in full good faith any award or decision that may be rendered.
In case of arbitration, the matter or matters at issue shall be referred to arbitrators, one of whom shall be selected by each of the parties to the dispute from outside their own nationals, when there are but two such parties, and a third by the two thus selected. When there there are more than two parties to the dispute, one arbitrator shall be named by each of the several parties and the arbitrators thus named shall add to their number others of their own choice, the number thus added to be limited to the number which will suffice to ?ive a deciding vote to the arbitrators thus added in case of a division among the arbitrators chosen by the contending parties. In case the arbitrators chosen by the contending parties cannot agree upon an additional arbitrator or arbitrators, the additional arbitrator or arbitrators shall be chosen by the Executive Council.
On the appeal of a party to the dispute the decision of said arbitrators may be set aside by a vote of three-fourths of the Delegates, in case the decision of the arbitrators was unanimous, 01 by a vote of two-thirds of the Delegates in case the decision of the arbitrators was not unanimous, but unless thus set aside shall be finally binding and conclusive.
When any decision ol arbitrators shall have been thus set aside, the dispute shall again be submitted to arbitrators chosen as heretofore provided, none of whom shall, however, have previously acted as arbitrators in the dispute in question, and the decision 01 the arbitrators rendered in this second arbitration shall be finally binding and conclusive without right of appeal.
If for any reason it should prove impracticable to refer any matter in dispute to arbitration, the parties to the dispute shall applv to the Executive Council to take the matter under consideration for such mediatory action or recommendation as it may deem wise in the circumstances. The Council shall immediately accept the reference and give notice to the parties, and shall make the necessarv arrangements for a full hearing, investigation and consideration. The Council shall