"With the first agreement I am in accord to an extent, but I cannot see how it is practicable to apply it in case of a continuing invasion of fundamental national or individual rights unless some authoritative international body has the power to impose and enforce an order in the nature of an injunction, which will prevent the aggressor from further action until arbitration has settled the rights of the parties. How this can be done in a practical way I have not attempted to work out, but the problem is not easy, especially the part which relates to the enforcement of the order.
"It is, however, the second agreement in regard to the imposition of international arbitration by force, which seems to me the most difficult, especially when viewed from the standpoint of its effects on our national sovereignty and national interests. It is needless to go into the manifest questions arising when the modus operandi of the agreement is considered. Such questions as: Who may demand international intervention? What body will decide whether the demand should be complied with? How will the international forces be constituted? Who will take charge of the military and naval operations? Who will pay the expenses of the war (for war it will be)?
"Perplexing as these questions appear to me, I am more concerned with the direct effect on this country. I do not believe that it is wise to limit our independence of action, a sovereign right, to the will of other powers beyond this hemisphere. In any representative international body clothed with authority to require of the nations to employ their armies and navies to coerce one of their number, we would be in the minority. I do not believe that we should put ourselves in the position of being compelled to send our armed forces to Europe or Asia or, in the alternative, of repudiating our treaty obligation. Neither our sovereignty nor our interests would accord with such a proposition, and I am convinced that popular opinion as well as the Senate would reject a treaty framed along such lines.
"It is possible that the difficulty might be obviated by the establishment of geographical zones, and leaving to the groups of nations thus formed the enforcement of the peaceful settlement of disputes. But if that is done why should all the world participate? We have adopted a much modified form of this idea in the proposed Pan-American Treaty by the 'guaranty' article. But I would not like to see its stipulations extended to the European powers so that they, with our full agreement, would have the right to cross the ocean and stop quarrels between two American Republics. Such authority would be a serious menace to the Monroe Doctrine and a greater menace to the Pan-American Doctrine.
"It appears to me that, if the first idea of the League can be worked out in a practical way and an international body constituted to determine when steps should be taken to enforce compliance, the use of force might be avoided by outlawing the offending nation. No nation to-day can live unto itself. The industrial and commercial activities of the world are too closely interwoven for a nation isolated from the other nations to thrive and prosper. A tremendous economic pressure could be imposed on the outlawed nation by all other nations denying it intercourse of every nature, even communication, in a word make that nation a pariah, and so to remain until it was willing to perform its obligations.
"I am not at all sure that this means is entirely feasible. I see many difficulties which would have to be met under certain conditions. But I do think that it is more practical in operation and less objectionable from the standpoint of national rights and interests than the one proposed by the League. It does not appear to me that the use of physical force is in any way practical or advisable.
"I presume that you are far more familiar than I am with the details of the plans of the League and that it may be presumptuous on my part to write you as I have. I nevertheless felt it my duty to frankly give you my views on the subject and I have done so.
"Faithfully yours
"ROBERT LANSING
"THE PRESIDENT
"The White House"
The President, thus early advised of my unqualified opposition to any plan which was similar in principle to the one advocated by the League to Enforce Peace, naturally concluded that I would look with disfavor on an international guaranty which by implication, if not by declaration, compelled the use of force to give it effect. Doubtless he felt that I would not be disposed to aid in perfecting a plan which had as its central idea a guaranty of that nature. Disliking opposition to a plan or policy which he had originated or made his own by adoption, he preferred to consult those who without debate accepted his judgment and were in sympathy with his ideas. Undoubtedly the President by refraining from asking my advice spared himself from listening to arguments against the guaranty and the use of force which struck at the very root of his plan, for I should, if I had been asked, have stated my views with entire frankness.
The other reason for not consulting me, as I now realize, but did not at the time, was that I belonged to the legal profession. It is a fact, which Mr. Wilson has taken no trouble to conceal, that he does not value the advice of lawyers except on strictly legal questions, and that he considers their objections and criticisms on other subjects to be too often based on mere technicalities and their judgments to be warped by an undue regard for precedent. This prejudice against the legal profession in general was exhibited on more than one occasion during our sojourn at Paris. Looking back over my years of intercourse with the President I can now see that he chafed under the restraints imposed by usage and even by enacted laws if they interfered with his acting in a way which seemed to him right or justified by conditions. I do not say that he was lawless. He was not that, but he conformed grudgingly and with manifest displeasure to legal limitations. It was a thankless task to question a proposed course of action on the ground of illegality, because he appeared to be irritated by such an obstacle to his will and to transfer his irritation against the law to the one who raised it as an objection. I think that he was especially resentful toward any one who volunteered criticism based on a legal provision, precept, or precedent, apparently assuming that the critic opposed his purpose on the merits and in order to defeat it interposed needless legal objections. It is unnecessary to comment on the prejudice which such an attitude of mind made evident.
After the President's exceptionally strong address at the Metropolitan Opera House in New York on September 27, 1918, I realized the great importance which he gave to the creation of a League of Nations and in view of this I devoted time and study to the subject, giving particular attention to the British and French suggestions, both of which emphasized judicial settlement. Knowing that the President had been in consultation with Colonel House on the various phases of the peace to be negotiated as well as on the terms of the armistice, I asked the latter what he knew about the former's scheme for a League of Nations.
The Colonel discreetly avoided disclosing the details of the plan, but from our conversation I gained an idea of the general principles of the proposed organization and the way in which the President intended to apply them.
After the Colonel and his party had sailed for France and in expectation of being consulted on the subject by President Wilson, I put my thoughts on the League of Nations into writing. In a note, which is dated October 27, 1918, appears the following:
"From the little I know of the President's plan I am sure that it is impracticable. There is in it too much altruistic cooperation. No account is taken of national selfishness and the mutual suspicions which control international relations. It may be noble thinking, but it is not true thinking.
"What I fear is that a lot of dreamers and theorists will be selected to work out an organization instead of men whose experience and common sense will tell them not to attempt anything which will not work. The scheme ought to be simple and practical. If the federation, or whatever it may be called, is given too much power or if its machinery is complex, my belief is that it will be unable to function or else will be defied. I can see lots of trouble ahead unless impractical enthusiasts and fanatics are suppressed. This is a time when sober thought, caution, and common sense should control."
On November 22, 1918, after I had been formally designated as a Peace Commissioner, I made another note for the purpose of crystallizing my own thought on the subject of a League of Nations. Although President Wilson had not then consulted