Part 12

The secret treaties of the Allies relating to the Japanese claims were not revealed until the disposition of the German islands in the Pacific was under discussion at the Peace Conference. When informed by Baron Makino that the islands north of the equator had been pledged to Japan by agreements signed two years before, President Wilson inquired whether there were other secret agreements, and was informed that the German rights in Shantung had also been promised to Japan. As the other powers were pledged to support Japan's claims, President Wilson found himself in a very embarrassing situation, especially as he had also to oppose Japan's demand that a clause recognizing racial equality be inserted in the Covenant of the League. This was a moral claim that Japan urged with great strategic effect. In pushing her claims to Shantung she ignored all moral considerations and relied entirely upon her legal status, secured (1) by the secret treaties with the Allies, (2) by the treaty of 1915 with China, and (3) by right of conquest. When charged with having coerced China into signing the treaty of 1915, Japan replied with truth that most of the important treaties with China had been extorted by force. Japan declared, however, that she had no intention of holding Shantung permanently, but that she would restore the province in full sovereignty to China, retaining only the economic privileges transferred from Germany. In view of this oral promise, President Wilson finally acquiesced in the recognition of Japan's legal status in Shantung.

On May 7 the completed treaty was presented to the German delegates who had been summoned to Versailles to receive it. When the text was made public in Berlin there was an indignant outcry against the alleged injustice of certain provisions which were held to be inconsistent with the pledges given by President Wilson in the pre-Armistice negotiations, and the Germans made repeated efforts to draw the Allies into a general discussion of principles. They were, however, finally given to understand that they must accept or reject the treaty as it stood, and on June 28 it was signed in the Hall of Mirrors at Versailles--the same hall in which William I had been crowned Emperor of Germany forty-eight years before.

The next day President Wilson sailed for the United States, and on July 10 personally presented the treaty to the Senate with an earnest appeal for prompt ratification. The Committee on Foreign Relations, to which the treaty was referred, proceeded with great deliberation, and on July 31 began a series of public hearings which lasted until September 12. The Committee called before it Secretary Lansing and several of the technical advisors to the American delegation, including B. M. Baruch, economic adviser, Norman H. Davis, financial adviser, and David Hunter Miller, legal adviser. The Committee also called before it a number of American citizens who had had no official connection with the negotiations but who wished to speak in behalf of foreign groups, including Thomas F. Millard for China, Joseph W. Folk for Egypt, Dudley Field Malone for India, and a large delegation of Americans of Irish descent, who opposed the League of Nations on the ground that it would stand in the way of Ireland's aspiration for independence. The rival claims of Jugo-Slavs and Italians to Fiume, the demand of Albania for self-determination, the claims of Greece to Thrace, and arguments for and against the separation of Austria and Hungary were all presented at great length to the Committee. On August 19 the President received the Committee at the White House, and after submitting a written statement on certain features of the Covenant, he was questioned by members of the Committee and a general discussion followed.

Meanwhile, the treaty was being openly debated in the Senate. The President had been an advocate of publicity in diplomacy as well as in other things, and the Senate now undertook to use his own weapon against him by a public attack on the treaty. Although the opposition to the treaty was started in the Senate by Lodge, Borah, Johnson, Sherman, Reed, and Poindexter, it was not confined to that body. Throughout the country there were persons of liberal views who favored the League of Nations but objected to the severe terms imposed on Germany, and charged the President with having proved false to the principles of the Fourteen Points. There were others who did not object to a severe peace, but who were bound fast by the tradition of isolation and thought membership in the League of Nations would involve the sacrifice of national sovereignty. The main object of attack was Article X, which guaranteed the territorial integrity and political independence of all the members of the League. President Wilson stated to the Senate Committee that he regarded Article X as "the very backbone of the whole Covenant," and that "without it the League would be hardly more than an influential debating society." The opponents of the League declared that this article would embroil the United States in the internal affairs of Europe, and that it deprived Congress of its constitutional right to declare war.

In the Senate there were three groups: the small number of "irreconcilables" who opposed the ratification of the treaty in any form; a larger group who favored ratification without amendments, but who finally expressed their willingness to accept "interpretative reservations"; and a large group composed mainly of Republicans who favored the ratification of the treaty only on condition that there should be attached to it reservations safeguarding what they declared to be the fundamental rights and interests of the United States. This group differed among themselves as to the character of the reservations that were necessary, and some of them became known as "mild reservationists."

It is probable that at the outset only the small group of "irreconcilables" hoped or intended to bring about the defeat of the treaty, but as the debate proceeded and the opposition to the treaty received more and more popular support, the reservationists determined to defeat the treaty altogether rather than to accept any compromise. The Republican leaders were quick to realize that the tide of public opinion had turned and was now running strongly against the President. They determined, therefore, to ruin him at all hazards, and thus to bring about the election of a Republican president.

When President Wilson realized that the treaty was really in danger of defeat, he determined to go on an extended tour of the country for the purpose of explaining the treaty to the people and bringing pressure to bear on the Senate. Beginning at Columbus, Ohio, on September 4, he proceeded through the northern tier of states to the Pacific coast, then visited California and returned through Colorado. He addressed large audiences who received him with great enthusiasm. He was "trailed" by Senator Hiram Johnson, who was sent out by the opposition in the Senate to present the other side. Johnson also attracted large crowds. On the return trip, while delivering an address at Wichita, Kansas, September 26, the President showed signs of a nervous breakdown and returned immediately to Washington. He was able to walk from the train to his automobile, but a few days later he was partially paralyzed. The full extent and seriousness of his illness was carefully concealed from the public. He was confined to the White House for five months, and had to abandon all efforts in behalf of the treaty.

On September 10 the Committee on Foreign Relations reported the treaty to the Senate with a number of amendments and reservations. The Committee declared that the League was an alliance, and that it would "breed wars instead of securing peace." They also declared that the Covenant demanded "sacrifices of American independence and sovereignty which would in no way promote the world's peace," and that the amendments and reservations which they proposed were intended "to guard American rights and American sovereignty." The following day the minority members of the Committee submitted a report opposing both amendments and reservations. A few days later Senator McCumber presented a third report representing the views of the "mild reservationists." It objected to the phraseology of the Committee's reservations as unnecessarily severe and recommended substitute reservations. The treaty then became the regular order in the Senate and was read section by section and debated each day for over two months. The amendments of the text of the treaty were all rejected by substantial majorities for the reason that their adoption would have made it necessary to resubmit the treaty not only to the Allies but also to Germany. The majority of the senators were opposed to such a course. The Committee, therefore, decided to substitute reservations for amendments, and Senator Lodge finally submitted, on behalf of the Committee, fourteen reservations preceded by a preamble, which declared that the ratification of the treaty was not to take effect or bind the United States until these reservations had been accepted as a condition of ratification by at least three of the four principal Allied and associated powers, namely, Great Britain, France, Italy, and Japan.

The first reservation provided that in case of withdrawal from the League the United States should be the sole judge as to whether its international obligations under the Covenant had been fulfilled. This reservation was adopted by a vote of 50 to 35.

The second reservation declared that the United States assumed no obligation to preserve the territorial integrity or political independence of any other country or to interfere in controversies between nations under the provisions of Article X "or to employ the military or naval forces of the United States under any article of the treaty for any purpose, unless in any particular case the Congress, which, under the Constitution, has the sole power to declare war or authorize the employment of the military or naval forces of the United States, shall by act or joint resolution so provide." This reservation was adopted by a vote of 46 to 33.

Reservation Number 3, providing that no mandate under the treaty should be accepted by the United States except by action of Congress, was adopted by a vote of 52 to 31.

Number 4, excluding domestic questions from consideration by the Council or the Assembly of the League, was adopted by a vote of 59 to 26.

Number 5, declaring the Monroe Doctrine "to be wholly outside the jurisdiction of said League of Nations and entirely unaffected by any provision contained in said treaty of peace with Germany," and reserving to the United States the sole right to interpret the Monroe Doctrine, was adopted by a vote of 55 to 34.

Number 6, withholding the assent of the United States from the provisions of the treaty relating to Shantung and reserving full liberty of action with respect to any controversy which might arise under said articles between China and Japan, was adopted by a vote of 53 to 41.

Number 7, reserving to Congress the right to provide by law for the appointment of the representatives of the United States in the Assembly and Council of the League and members of commissions, committees or courts under the League, and requiring the confirmation of all by the Senate, was adopted by a vote of 53 to 40.

Number 8, declaring that the Reparations Commission should not be understood as having the right to regulate or interfere with exports from the United States to Germany or from Germany to the United States without an act or joint resolution of Congress, was adopted by a vote of 54 to 40.

Number 9, declaring that the United States should not be under any obligation to contribute to any of the expenses of the League without an act of Congress, was adopted by a vote of 56 to 39.

Number 10, providing that if the United States should at any time adopt any plan for the limitation of armaments proposed by the Council of the League, it reserved "the right to increase such armaments without the consent of the Council whenever the United States is threatened with invasion or engaged in war," was adopted by a vote of 56 to 39.

Number 11, reserving the right of the United States to permit the nationals of a Covenant-breaking State residing within the United States to continue their commercial, financial, and personal relations with the nationals of the United States, was adopted by a vote of 53 to 41.

Number 12, relating to the very complicated question of private debts, property rights and interests of American citizens, was adopted by a vote of 52 to 41.

Number 13, withholding the assent of the United States from the entire section of the treaty relating to international labor organization until Congress should decide to participate, was adopted by a vote of 54 to 35.

Number 14 declared that the United States would not be bound by any action of the Council or Assembly in which any member of the League and its self-governing dominions or colonies should cast in the aggregate more than one vote. This reservation was adopted by a vote of 55 to 38.

A number of other reservations were offered and rejected. Under the rules of the Senate, amendments and reservations to a treaty may be adopted by a majority vote, while a treaty can be ratified only by a two-thirds vote. A number of senators who were opposed to the treaty voted for the Lodge reservations in order to insure its defeat. When the vote on the treaty with the reservations was taken November 19, it stood 39 for and 55 against. A motion to reconsider the vote was then adopted, and Senator Hitchcock, the Democratic leader, proposed five reservations covering the right of withdrawal, domestic questions, the Monroe Doctrine, the right of Congress to decide on the employment of the naval and military forces of the United States in any case arising under Article X, and restrictions on the voting powers of self-governing colonies or dominions. These reservations were rejected, the vote being 41 to 50. Another vote was then taken on the treaty with the Lodge reservations, the result being 41 for and 51 against. Senator Underwood then offered a resolution to ratify the treaty without reservations of any kind. The vote on this resolution was 38 for and 53 against.

It was now evident that there was little prospect of securing the ratification of the treaty without compromise. On January 8, 1920, a letter from the President was read at the Jackson Day dinner in Washington, in which he refused to accept the decision of the Senate as final and said: "There can be no reasonable objection to interpretations accompanying the act of ratification itself. But when the treaty is acted upon, I must know whether it means that we have ratified or rejected it. We cannot rewrite this treaty. We must take it without changes which alter its meaning, or leave it, and then, after the rest of the world has signed it, we must face the unthinkable task of making another and separate kind of treaty with Germany." In conclusion he declared: "If there is any doubt as to what the people of the country think on this vital matter, the clear and single way out is to submit it for determination at the next election to the voters of the nation, to give the next election the form of a great and solemn referendum, a referendum as to the part the United States is to play in completing the settlements of the war and in the prevention in the future of such outrages as Germany attempted to perpetrate."

During the last week of January a compromise was discussed by an informal by-partisan committee, and the President wrote a letter saying he would accept the Hitchcock reservations, but Lodge refused to accept any compromise. On February 9 the Senate again referred the treaty to the Committee on Foreign Relations with instructions to report it back immediately with the reservations previously adopted. After several weeks of fruitless debate a fifteenth reservation, expressing sympathy for Ireland, was added to the others, by a vote of 38 to 36. It was as follows: "In consenting to the ratification of the treaty with Germany the United States adheres to the principle of self-determination and to the resolution of sympathy with the aspirations of the Irish people for a government of their own choice adopted by the Senate June 6, 1919, and declares that when such government is obtained by Ireland, a consummation it is hoped is at hand, it should promptly be admitted as a member of the League of Nations."

With a few changes in the resolutions previously adopted and an important change in the preamble, the ratifying resolution was finally put to the vote March 19, 1920. The result was 49 votes for and 35 against. On the following day the secretary of the Senate was instructed by a formal resolution to return the treaty to the President and to inform him that the Senate had failed to ratify it.

The treaty thus became the leading issue in the presidential campaign, but unfortunately it was not the only issue. The election proved to be a referendum on the Wilson administration as a whole rather than on the treaty. The Republican candidate, Senator Harding, attacked the Wilson administration for its arbitrary and unconstitutional methods and advocated a return to "normalcy." He denounced the Wilson League as an attempt to set up a super-government, but said he favored an association of nations and an international court. Governor Cox, the Democratic candidate, came out strongly for the treaty, particularly during the latter part of his campaign. The result was an overwhelming victory for Harding. President Wilson had been too ill to take any part in the campaign. His administration had been the chief issue, and the people had, certainly for the time being, repudiated it. He accepted the result philosophically and refrained from comments, content, apparently, to leave the part he had played in world affairs to the verdict of history. In December, 1920, the Nobel Peace Prize was awarded to him as a foreign recognition of the services he had rendered to humanity.

XII

THE WASHINGTON CONFERENCE

After the rejection of the Treaty of Versailles by the Senate, President Wilson withdrew as far as possible from participation in European affairs, and after the election of Harding he let it be known that he would do nothing to embarrass the incoming administration. The public had been led to believe that when Harding became President there would be a complete reversal of our foreign policy all along the line, but such was not to be the case. The new administration continued unchanged the Wilson policy toward Mexico and toward Russia, and before many months had passed was seeking from Congress the authority, withheld from Wilson, to appoint a member on the Reparations Commission. On the question of our rights in mandated areas, Secretary Hughes adopted in whole the arguments which had been advanced by Secretary Colby in his note to Great Britain of November 20, 1920, in regard to the oil resources of Mesopotamia. By the San Remo agreement of April 25, 1920, Great Britain and France had agreed upon a division of the oil output of Mesopotamia by which France was to be allowed 25 per cent. and Great Britain 75 per cent. The British Government had intimated that the United States, having declined to join the League of Nations, had no voice in the matter. On this point Secretary Colby took sharp issue in the following statement: "Such powers as the Allied and Associated nations may enjoy or wield, in the determination of the governmental status of the mandated areas, accrued to them as a direct result of the war against the Central Powers. The United States, as a participant in that conflict and as a contributor to its successful issue, cannot consider any of the Associated Powers, the smallest not less than herself, debarred from the discussion of any of its consequences, or from participation in the rights and privileges secured under the mandates provided for in the treaties of peace."

Japan likewise assumed that we had nothing to do with the disposition of the former German islands in the Pacific. When the Supreme Council at Paris decided to give Japan a mandate over the islands north of the equator, President Wilson reserved for future consideration the final disposition of the island of Yap, which lies between Guam and the Philippines, and is one of the most important cable stations in the Pacific. The entire question of cable communications was reserved for a special conference which met at Washington in the autumn of 1920, but this conference adjourned about the middle of December without having reached any final conclusions, and the status of Yap became the subject of a very sharp correspondence between the American and Japanese governments. When Hughes became Secretary of State, he restated the American position in a note of April 2, 1921, as follows:

"It will not be questioned that the right to dispose of the overseas possessions of Germany was acquired only through the victory of the Allied and Associated Powers, and it is also believed that there is no disposition on the part of the Japanese Government to deny the participation of the United States in that victory. It would seem to follow necessarily that the right accruing to the Allied and Associated Powers through the common victory is shared by the United States and that there could be no valid or effective disposition of the overseas possessions of Germany, now under consideration, without the assent of the United States."

The discussion between the two governments was still in progress when the Washington Conference convened, and at the close of the Conference it was announced that an agreement had been reached which would be embodied in a treaty. The United States recognized Japan's mandate over the islands north of the equator on the condition that the United States should have full cable rights on the island of Yap, and that its citizens should enjoy certain rights of residence on the island. The agreement also covered radio telegraphic service.

During the presidential campaign Harding's position on the League of Nations had been so equivocal that the public knew not what to expect, but when Hughes and Hoover were appointed members of the Cabinet, it was generally expected that the new administration would go into the League with reservations. This expectation was not to be fulfilled, however, for the President persistently ignored the existence of the League, and took no notice of the establishment of the permanent Court of International Justice provided for in Article 14 of the Covenant. Meanwhile Elihu Root, who as Secretary of State had instructed our delegates to the Hague Conference of 1907 to propose the establishment of such a court, had been invited by the Council of the League to be one of a commission of distinguished jurists to draft the statute establishing the court. This service he performed with conspicuous ability. As another evidence of Europe's unwillingness to leave us out, when the court was organized John Bassett Moore, America's most distinguished authority on international law, was elected one of the judges.