ANNEX VII

FOR THE CONSIDERATION OF THE SENATORS

The Dangers that the Covenant with the Reservations, Would still Present.

"THE COVENANT "

AS AN ACHIEVEMENT OF DIPLOMACY

For a nation to obtain all that it desires by negotiation, is to show great diplomacy; to do so with such skill that those with which it is negotiating are not aware of what it is accomplishing, is consummate art; but diplomacy can overreach itself.

Fiction could not have presented a more favorable situation for British Lords, the most experienced masters in this game, than was spread before them at the Paris Conference. They met there a number of nations which could easily be ignored on the ground that they had not contributed, or contributed actively, to the results of the war; others which, while having done so, were heavily indebted to them, and yet were looking to them for immediate succor; and America, with certain humanitarian pretensions that could not be overlooked, as dependence must be placed upon her for material aid. America, however, was represented in effect by only one person, and he was without experience in Old World politics, would seek counsel from none of his colleagues, and possessed British tendencies and pure British blood. They came with the reputation of always having secured, through

these means, other peoples to fight their wars and of then retiring the holders of the dominant position. They had been maintaining for their nation the position of the Mistress of the Seas, requiring others to confer with them as to changes in ownership of non-British territories and to submit to inspection in her ports before crossing the seas and they had no intention of losing this advantage by subjecting their acts to the jurisdiction of outside bodies or of any which they did not control.

When they perceived that the demand of America and of their own people for the formation of a league of nations must be heeded, they began to co-operate; but resolved to see to it, that, if such a union must be formed, they would at all times direct its management, and that it should not be given any authority that could ever be exerted against them. They recognized the possibilities that such a union might afford in morally strengthening their control over their colonies could they but extend among nations the practice of colonial domination as they had done by helping to install America in the Philippines and of their great chances of quietly securing the German colonies, by furthering all claims of their Allies for reparation and vengeance directly against Germany, and moving quickly while attention was fastened on the Conference and the quarrels that were certain to arise in it.

The first great diplomatic move was to eliminate from the real negotiations all nations but four, as that reduced the task of belaboring many delegates into the acceptance of their views in the formation of the draft to be finally rushed through the Conference.

The easy substitution of members in the drafting committee, or Commission, made it possible for a large part

of the Cabinet to run over to Paris to advise, if not participate directly, in the work and to allay opposition. As above indicated, the only delegate that was in a position to insist upon the adoption of provisions contrary to their desires, was the American, and all that it was necessary for them to do with him, was to permit him to insert such provisions as he wished, and then, by deft turns, in which the Covenant abounds, to render nugatory the effects.

With seeming magnanimity, they refrained from asking for the office of greatest dignity, but they well knew the importance of a chancellor's office, and so, before offering the presiding office to any other nation, they stripped it of all important functions and combined them with those of the Secretary General.

Indeed, they even made this last-named office superior to the Council itself, as will be seen below.

Again, not to arouse antagonism through precipitancy, they desisted from indicating in the Draft, and, upon its publication, from announcing, that the reason why the first incumbent of this exalted office of Secretary General would be chosen by the Commission, was because they were determined to assure themselves that the person to be selected would, without any possibility of a miscarriage, be an Englishman under their domination; and for the same reason, in providing for the representation of "colonies, dependencies and dominions" in the Body of Delegates (Assembly) they suppressed the fact that it was only to increase British power.

They then prevailed upon the Members of the Commission to choose a young Englishman from the British Foreign Office for the post of Secretary General, the expectation doubtless being, that, as there was no term fixed for

his tenure of office, or provision for removal, he would hold it for a generation or two.

Under Article 15, the powers of the Secretary General are high above the Council. If a dispute arises between nations, that they cannot settle by arbitration, they are not to address the President of the Council, or even the Council as a body, but the Secretary General "who will make all necessary arrangements for a full investigation and consideration thereof. For this purpose the parties to the dispute will communicate to the Secretary General," etc., the Article reads. He thereby will become the person, and the only person, to receive direct communication of the serious controversies of the nations; and, as the qualification "necessary" involves the exercise of discretion, he alone will determine whether, when, where, how and what these "arrangements" shall be. Holding a coordinate office under the Covenant, in which his duties are defined, and being the only person appointed by all of the Nations, he will surely feel himself above taking further orders from the Council, the Members of which are only designated by single States, and may even consider that all communications made to him are personal, for he is only to publish statements of cases (claims) etc., when the Council shall direct (Art. 15) and collect and distribute other information under like direction (Art. 24); and, as he is not obliged to consult the Council as to the arrangements," he need not even inform it of an international dispute until the arrangements are made; from which follows: that, if a matter does not proceed to that stage, the Council may even never know of it.

He is not obliged to attend at all times at the seat of the League, or even to be there, save when the Council or

Assembly may decide to meet there, instead of some other place (Arts. 4 and 3.) He will probably continue to be found at the quarters in London given over to the League, near the Foreign Office; and, as it could not be expected that he would always act without discussing problems, he would naturally turn to his old associates in that Office, some of whom, being members of the Council, or the Assembly, would have a legitimate interest in such information. Those associates would thereby always have the great advantage of acquiring an earlier and fuller knowledge of all of the strifes between nations than could the representative of any other country. Indeed, even did the Secretary General not avail himself of the formal excuse contained in the Covenant, that he could only give out information when directed by the Council, and desired to help applicants, it would be quite impossible for him to inform the latter of the many phases in a matter which had reached his ear, while his daily associates might absorb almost the whole of it. A more perfect exclusively British information bureau, available for the expansion of the Empire, could not have been designed.

One is forced to stop and ask oneself, what kind of service an outside nation would obtain from this British official, did it make a claim against his own Government, or, for instance, did the "self-governing" dependency, India, make one against it.

Another stroke of diplomacy was their renunciation of the choice of London, as the seat of the League; but, it will be observed that after declaring it to be established at Geneva, provision was made in the following paragraph that "the Council may at any time decide that the seat of the League shall be established elsewhere" (Art. 7).