Robert Lansing

“ Even if Congress was willing to delegate to the Executive for a certain purpose its powers as to making war and regulating commerce, I do not think that it could constitutionally do so. It is only in the event of war that powers conferred by the Constitution on Congress can be delegated and then only for war purposes. As a state of war would not exist at the time action was required, I do not believe that it could be done, and any provision contracting to take measures of this nature would be contrary to the Constitution and as a consequence void. ”

“ In the carrying out of his scheme and in creating an organization to give effect to the guaranty I believed that I saw as an unavoidable consequence an exaltation of force and an overlordship of the strong nations. Under such conditions it would be impossible to preserve within the organization the equality of nations, a precept of international law which was the universally recognized basis of intercourse between nations in time of peace. This I considered most unwise and a return to the old order, from which every one hoped that the victory over the Central Empires had freed the world. ”

“ No man, whose mind was not warped by prejudice or dominated by political expediency, could give it his approval or become its apologist. Secrecy, and intrigues which were only possible through secrecy, stained nearly all the negotiations at Paris, but in this final act of withholding knowledge of the actual text of the Treaty from the delegates of most of the nations represented in the Conference the spirit of secretiveness seems to have gone mad. ”

“ What moral right has Japan acquired by her conquest of Shantung assisted by the British? If Great Britain and Japan secured no moral right to sovereignty over various savages inhabiting islands in the Pacific Ocean, but, on the other hand, we held that these peoples shall be governed by mandates under the League of Nations, what moral right has Japan acquired to the suzerainty (which she would undoubtedly eventually have) over 30,000,000 Chinese in the sacred province of Shantung? ”

“ If the power existed to so bind the United States by treaty on the theory that the Federal Government could not be restricted in its right to make international agreements, then the guaranty would be attacked as an unwise and needless departure from the traditional policies of the Republic. If the power did not exist, then the violation of the Constitution would be an effective argument against such an undertaking. ”

“ Equality in the exercise of sovereign rights in times of peace, an equality which is imposed by the very nature of sovereignty, seemed to me fundamental to a world organization affecting in any way a nation's independence of action or its exercise of supreme authority over its external or domestic affairs. ”

“ There is little to show that diplomacy has been raised to a higher plane or has won a better reputation in the world at large than it possessed before the nations assembled at Paris to make peace. This failure to lift the necessary agency of international relations out of the rut worn deep by centuries of practice is one of the deplorable consequences of the peace negotiations. ”

“ When the President advanced this extraordinary theory of the nature of a preliminary treaty during a conversation, of which I made a full memorandum, I told him that it was entirely wrong, that by whatever name the document was called, whether it was "armistice," "agreement," "protocol," or "modus," it would be a treaty and would have to be sent by him to the Senate for its approval. I said, "If we change the status from war to peace, it has to be by a ratified treaty. There is no other way save by a joint resolution of Congress." ”

“ But if an American citizen denies that the principle of "self-determination" can be rightfully applied to the affairs of his own country, how can he consistently maintain that it is a right inseparable from a true conception of political liberty and therefore universally applicable, just in principle, and wise from the practical point of view? ”

“ Its chief merit was its honest declaration of purpose, however wrong that purpose might appear to those who denied that the possession of superior might conferred special rights upon the possessor. It seemed to provide for a rebirth of the Congress of Vienna which should be clothed in the modern garb of democracy. It could only be interpreted as a rejection of the principle of the equality of nations. Its adoption would mean that the destiny of the world would be in the hands of a powerful international oligarchy possessed of dictatorial powers. ”

“ This was an abandonment of a fundamental principle of international law and comity and was destructive of the very conception of national sovereignty both as a term of political philosophy and as a term of constitutional law. The denial of the equal independence and the free exercise of sovereign rights of all states in the conduct of their foreign affairs, and the establishment of this group of primates, amounted to a recognition of the doctrine that the powerful are, in law as well as in fact, entitled to be the overlords of the weak. ”

“ It must be admitted in honesty that the League is an instrument of the mighty to check the normal growth of national power and national aspirations among those who have been rendered impotent by defeat. Examine the Treaty and you will find peoples delivered against their wills into the hands of those whom they hate, while their economic resources are torn from them and given to others. Resentment and bitterness, if not desperation, are bound to be the consequences of such provisions. ”

“ Equality of territory or of resources there of course cannot be; nor any other sort of equality not gained in the ordinary peaceful and legitimate development of the peoples themselves. But no one asks or expects anything more than an equality of rights."
In view of this sound declaration of principle it seemed hardly possible that the President, after careful consideration of the consequences of his plan of a guaranty requiring force to make it practical, would not perceive the fundamental error of creating a primacy of the Great Powers. ”

“ It is an evil thing to permit the principle of "self-determination" to continue to have the apparent sanction of the nations when it has been in fact thoroughly discredited and will always be cast aside whenever it comes in conflict with national safety, with historic political rights, or with national economic interests affecting the prosperity of a nation. ”

“ While abstract justice cannot [under present conditions] be depended upon as a firm basis on which to constitute an international concord for the preservation of peace and good relations between nations, legal justice offers a common ground where the nations can meet to settle their controversies. No nation can refuse in the face of the opinion of the world to declare its unwillingness to recognize the legal rights of other nations or to submit to the judgment of an impartial tribunal a dispute involving the determination of such rights. ”

“ Two months from now we will still be haggling over the League of Nations and an exasperated world will be cursing us for not having made peace. I hope that I am a false prophet, but I fear my prophecy will come true. We are riding a hobby, and riding to a fall. ”

“ To believe for a moment that a world constitution—for so its advocates looked upon the Covenant—could be drafted perfectly or even wisely in eleven days, however much thought individuals may have previously given to the subject, seems on the face of it to show an utter lack of appreciation of the problems to be solved or else an abnormal confidence in the talents and wisdom of those charged with the duty. ”

“ President Wilson, it is true, had endeavored with a measure of success to maintain the position of an unbiased arbiter in the discussions leading up to the armistice of November 11, and Germany undoubtedly looked to him as the one hope of checking the spirit of revenge which animated the Allied Powers in view of all that they had suffered at the hands of the Germans. It is probable too that the Allies recognized that Mr. Wilson was entitled to be satisfied as to the terms of peace since American man power and American resources had turned the scale against Germany and made victory a certainty. ”

“ These duties, in my opinion, are equally imperative whether the President directs the negotiations through written instructions issuing from the White House or conducts them in person. For an American plenipotentiary to remain silent, and by his silence to give the impression that he approves a course of action which he in fact believes to be wrong in principle or contrary to good policy, constitutes a failure to perform his full duty to the President and to the country. ”

“ As a consequence the neutral arbitrators are decidedly hampered in giving full and free expression to their views, and there is not that frank exchange of opinion which should characterize the conference of judges. It has generally resulted in a compromise, in which the nation in the wrong gains a measure of benefit and the nation in the right is deprived of a part of the remedy to which it is entitled. In fact an arbitration award is more of a political and diplomatic arrangement than it is a judicial determination. ”

“ It seemed obvious from the very first that the Powers, which under the old practice would have obtained sovereignty over certain conquered territories, would not be denied mandates over those territories. The League of Nations might reserve in the mandate a right of supervision of administration and even of revocation of authority, but that right would be nominal and of little, if any, real value provided the mandatory was one of the Great Powers as it undoubtedly would be. ”

“ We would then oblige Germany to dispose of her claims in China by a clause in the Treaty of Peace. Would it occur to any one that, as a matter of right, we should force Germany to cede her claims to Japan rather than to China? It seems to me that it would occur to every American that we would then have the opportunity that we have long desired to force Germany to correct, in favor of China, the great wrong which she began to do to the latter in 1898. ”

“ Of course, in view of the perpetual majority of the Five Powers on the Executive Council, as provided in the President's plan, the primacy of the Five was weakened little if at all by the minority membership of the small nations. The rule of unanimity gave to each nation a veto power, but no one believed that one of the lesser states represented on the Council would dare to exercise it if the Great Powers were unanimous in support of a proposition. In theory unanimity was a just and satisfactory rule; in practice it would amount to nothing. ”

“ It is true that to please the aroused public opinion of mankind and to respond to the idealism of the moralist they have surrounded the new alliance with a halo and called it 'The League of Nations,' but whatever it may be called or however it may be disguised it is an alliance of the Five Great Military Powers. ”

“ ARTICLE 22 To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant. ”

“ With a full appreciation of the advantage to be gained for the world at large through the common consideration of a vexatious international question by a body representing all nations, we ought not to lose sight of the fact that such consideration and the action resulting from it are essentially diplomatic in nature. It is, in brief, the transference of a dispute in a particular case from the capitals of the disputants to the place where the delegates of the nations assemble to deliberate together on matters which affect their common interests. ”

“ The legal principle [of the equality of nations] , whatever its basis in fact, must be preserved, otherwise force rather than law, the power to act rather than the right to act, becomes the fundamental principle of organization, just as it has been in all previous Congresses and Concerts of the European Powers. ”

“ Concession and compromise are the chief agents of diplomatic settlement instead of the impartial application of legal justice which is essential to a judicial settlement. Furthermore, the two modes of settlement differ in that a judicial settlement rests upon the precept that all nations, whether great or small, are equal, but in the sphere of diplomacy the inequality of nations is not only recognized, but unquestionably influences the adjustment of international differences. ”

“ Certainly no American official is in honor bound to remain silent under such an imputation which approaches a charge of faithlessness and of a secret, if not open, avoidance of duty. He has, in my judgment, the right to present the case to the American people in order that they may decide whether the imputation was justified by the facts, and whether his conduct was or was not in the circumstances in accord with the best traditions of the public service of the United States. ”