Front Page Titles (by Subject) Schenck v. United States - The American Nation: Primary Sources
The Online Library of Liberty
A project of Liberty Fund, Inc.
Search this Title:
Schenck v. United States - Bruce Frohnen, The American Nation: Primary Sources 
The American Nation: Primary Sources, ed. Bruce Frohnen (Indianapolis: Liberty Fund, 2008).
About Liberty Fund:
Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.
The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.
Fair use statement:
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
Schenck v. United States
Mr. Justice Holmes delivered the opinion of the court.
This is an indictment in three counts. The first charges a conspiracy to violate the Espionage Act of June 15, 1917, c. 30, § 3, 40 Stat. 217, 219, by causing and attempting to cause insubordination, &c., in the military and naval forces of the United States, and to obstruct the recruiting and enlistment service of the United States, when the United States was at war with the German Empire, to-wit, that the defendants wilfully conspired to have printed and circulated to men who had been called and accepted for military service under the Act of May 18, 1917, a document set forth and alleged to be calculated to cause such insubordination and obstruction. The count alleges overt acts in pursuance of the conspiracy, ending in the distribution of the document set forth. The second count alleges a conspiracy to commit an offence against the United States, to-wit, to use the mails for the transmission of matter declared to be non-mailable by Title XII, § 2 of the Act of June 15, 1917, to-wit, the above mentioned document, with an averment of the same overt acts. The third count charges an unlawful use of the mails for the transmission of the same matter and otherwise as above. The defendants were found guilty on all the counts. They set up the First Amendment to the Constitution forbidding Congress to make any law abridging the freedom of speech, or of the press, and bringing the case here on that ground have argued some other points also of which we must dispose.
It is argued that the evidence, if admissible, was not sufficient to prove that the defendant Schenck was concerned in sending the documents. According to the testimony Schenck said he was general secretary of the Socialist party and had charge of the Socialist headquarters from which the documents were sent. He identified a book found there as the minutes of the Executive Committee of the party. The book showed a resolution of August 13, 1917, that 15,000 leaflets should be printed on the other side of one of them in use, to be mailed to men who had passed exemption boards, and for distribution. Schenck personally attended to the printing. On August 20 the general secretary’s report said “Obtained new leaflets from printer and started work addressing envelopes” &c.; and there was a resolve that Comrade Schenck be allowed $125 for sending leaflets through the mail. He said that he had about fifteen or sixteen thousand printed. There were files of the circular in question in the inner office which he said were printed on the other side of the one sided circular and were there for distribution. Other copies were proved to have been sent through the mails to drafted men. Without going into confirmatory details that were proved, no reasonable man could doubt that the defendant Schenck was largely instrumental in sending the circulars about. As to the defendant Baer there was evidence that she was a member of the Executive Board and that the minutes of its transactions were hers. The argument as to the sufficiency of the evidence that the defendants conspired to send the documents only impairs the seriousness of the real defence.
It is objected that the documentary evidence was not admissible because obtained upon a search warrant, valid so far as appears. The contrary is established. Adams v. New York, 192 U.S. 585; Weeks v. United States, 232 U.S. 383, 395, 396. The search warrant did not issue against the defendant but against the Socialist headquarters at 1326 Arch Street and it would seem that the documents technically were not even in the defendants’ possession. See Johnson v. United States, 228 U.S. 457. Notwithstanding some protest in argument the notion that evidence even directly proceeding from the defendant in a criminal proceeding is excluded in all cases by the Fifth Amendment is plainly unsound. Holt v. United States, 218 U.S. 245, 252, 253.
The document in question upon its first printed side recited the first section of the Thirteenth Amendment, said that the idea embodied in it was violated by the Conscription Act and that a conscript is little better than a convict. In impassioned language it intimated that conscription was despotism in its worst form and a monstrous wrong against humanity in the interest of Wall Street’s chosen few. It said “Do not submit to intimidation,” but in form at least confined itself to peaceful measures such as a petition for the repeal of the act. The other and later printed side of the sheet was headed “Assert Your Rights.” It stated reasons for alleging that any one violated the Constitution when he refused to recognize “your right to assert your opposition to the draft,” and went on “If you do not assert and support your rights, you are helping to deny or disparage rights which it is the solemn duty of all citizens and residents of the United States to retain.” It described the arguments on the other side as coming from cunning politicians and a mercenary capitalist press, and even silent consent to the conscription law as helping to support an infamous conspiracy. It denied the power to send our citizens away to foreign shores to shoot up the people of other lands, and added that words could not express the condemnation such cold-blooded ruthlessness deserves, &c., &c., winding up “You must do your share to maintain, support and uphold the rights of the people of this country.” Of course the document would not have been sent unless it had been intended to have some effect, and we do not see what effect it could be expected to have upon persons subject to the draft except to influence them to obstruct the carrying of it out. The defendants do not deny that the jury might find against them on this point.
But it is said, suppose that that was the tendency of this circular, it is protected by the First Amendment to the Constitution. Two of the strongest expressions are said to be quoted respectively from well-known public men. It well may be that the prohibition of laws abridging the freedom of speech is not confined to previous restraints, although to prevent them may have been the main purpose, as intimated in Patterson v. Colorado, 205 U.S. 454, 462. We admit that in many places and in ordinary times the defendants in saying all that was said in the circular would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done. Aikens v. Wisconsin, 195 U.S. 194, 205, 206. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force. Gompers v. Bucks Stove & Range Co., 221 U.S. 418, 439. The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right. It seems to be admitted that if an actual obstruction of the recruiting service were proved, liability for words that produced that effect might be enforced. The statute of 1917 in § 4 punishes conspiracies to obstruct as well as actual obstruction. If the act, (speaking, or circulating a paper,) its tendency and the intent with which it is done are the same, we perceive no ground for saying that success alone warrants making the act a crime. Goldman v. United States, 245 U.S. 474, 477. Indeed that case might be said to dispose of the present contention if the precedent covers all media concludendi. But as the right to free speech was not referred to specially, we have thought fit to add a few words.
It was not argued that a conspiracy to obstruct the draft was not within the words of the Act of 1917. The words are “obstruct the recruiting or enlistment service,” and it might be suggested that they refer only to making it hard to get volunteers. Recruiting heretofore usually having been accomplished by getting volunteers the word is apt to call up that method only in our minds. But recruiting is gaining fresh supplies for the forces, as well by draft as otherwise. It is put as an alternative to enlistment or voluntary enrollment in this act. The fact that the Act of 1917 was enlarged by the amending Act of May 16, 1918, c. 75, 40 Stat. 553, of course, does not affect the present indictment and would not, even if the former act had been repealed. Rev. Stats., § 13.
Delivered to a joint session of Congress while World War I still raged, the speech reproduced here sets forth Wilson’s view of the principles and specific actions necessary to secure a just and lasting peace in Europe and throughout the world. Many of Wilson’s points attempted to address deep-seated geographical and cultural problems and the results of the war itself. Other, more general, points sought the vindication of Wilsonian principles of international human rights, including free trade, the elimination of secret treaties, and the redrawing of national borders to reflect people’s cultural and other ties. Once the war ended, Wilson sought to enshrine his Fourteen Points in the Versailles Treaty. His partial success was further limited by the United States’ refusal to ratify that treaty.
Fourteen Points Speech
January 8, 1918
ADDRESS BY THE PRESIDENT OF THE UNITED STATES.
The address of the President of the United States, this day delivered at a joint session of the two Houses of Congress, is as follows:
Gentlemen of the Congress, once more, as repeatedly before, the spokesmen of the Central Empires have indicated their desire to discuss the objects of the war and the possible bases of a general peace. Parleys have been in progress at Brest-Litovsk between Russian representatives and representatives of the Central Powers, in which the attention of all the belligerents has been invited for the purpose of ascertaining whether it may be possible to extend these parleys into a general conference with regard to terms of peace and settlement. The Russian representatives presented not only a perfectly definite statement of the principles upon which they would be willing to conclude peace, but also an equally definite programme of the concrete application of those principles. The representatives of the Central Powers, on their part, presented an outline of settlement which, if much less definite, seemed susceptible of liberal interpretation until their specific programme of practical terms was added. That programme proposed no concessions at all either to the sovereignty of Russia or to the preferences of the populations with whose fortunes it dealt, but meant, in a word, that the Central Empires were to keep every foot of territory their armed forces had occupied,—every province, every city, every point of vantage,—as a permanent addition to their territories and their power. It is a reasonable conjecture that the general principles of settlement which they at first suggested originated with the more liberal statesmen of Germany and Austria, the men who have begun to feel the force of their own peoples’ thought and purpose, while the concrete terms of actual settlement came from the military leaders who have no thought but to keep what they have got. The negotiations have been broken off. The Russian representatives were sincere and in earnest. They cannot entertain such proposals of conquest and domination.
The whole incident is full of significance. It is also full of perplexity. With whom are the Russian representatives dealing? For whom are the representatives of the Central Empires speaking? Are they speaking for the majorities of their respective parliaments or for the minority parties, that military and imperialistic minority which has so far dominated their whole policy and controlled the affairs of Turkey and of the Balkan states which have felt obliged to become their associates in the war? The Russian representatives have insisted, very justly, very wisely, and in the true spirit of modern democracy, that the conferences they have been holding with the Teutonic and Turkish statesmen should be held within open, not closed, doors, and all the world has been audience, as was desired. To whom have we been listening, then? To those who speak the spirit and intention of the Resolutions of the German Reichstag of the ninth of July last, the spirit and intention of the liberal leaders and parties of Germany, or to those who resist and defy that spirit and intention and insist upon conquest and subjugation? Or are we listening, in fact, to both, unreconciled and in open and hopeless contradiction? These are very serious and pregnant questions. Upon the answer to them depends the peace of the world.
But, whatever the results of the parleys at Brest-Litovsk, whatever the confusions of counsel and of purpose in the utterances of the spokesmen of the Central Empires, they have again attempted to acquaint the world with their objects in the war and have again challenged their adversaries to say what their objects are and what sort of settlement they would deem just and satisfactory. There is no good reason why that challenge should not be responded to, and responded to with the utmost candor. We did not wait for it. Not once, but again and again, we have laid our whole thought and purpose before the world, not in general terms only, but each time with sufficient definition to make it clear what sort of definitive terms of settlement must necessarily spring out of them. Within the last week Mr. Lloyd George has spoken with admirable candor and in admirable spirit for the people and Government of Great Britain. There is no confusion of counsel among the adversaries of the Central Powers, no uncertainty of principle, no vagueness of detail. The only secrecy of counsel, the only lack of fearless frankness, the only failure to make definite statement of the objects of the war, lies with Germany and her Allies. The issues of life and death hang upon these definitions. No statesman who has the least conception of his responsibility ought for a moment to permit himself to continue this tragical and appalling outpouring of blood and treasure unless he is sure beyond a peradventure that the objects of the vital sacrifice are part and parcel of the very life of Society and that the people for whom he speaks think them right and imperative as he does.
There is, moreover, a voice calling for these definitions of principle and of purpose which is, it seems to me, more thrilling and more compelling than any of the many moving voices with which the troubled air of the world is filled. It is the voice of the Russian people. They are prostrate and all but helpless, it would seem, before the grim power of Germany, which has hitherto known no relenting and no pity. Their power, apparently, is shattered. And yet their soul is not subservient. They will not yield either in principle or in action. Their conception of what is right, of what it is humane and honorable for them to accept, has been stated with a frankness, a largeness of view, a generosity of spirit, and a universal human sympathy which must challenge the admiration of every friend of mankind; and they have refused to compound their ideals or desert others that they themselves may be safe. They call to us to say what it is that we desire, in what, if in anything, our purpose and our spirit differ from theirs: and I believe that the people of the United States would wish me to respond, with utter simplicity and frankness. Whether their present leaders believe it or not, it is our heartfelt desire and hope that some way may be opened whereby we may be privileged to assist the people of Russia to attain their utmost hope of liberty and ordered peace.
It will be our wish and purpose that the processes of peace, when they are begun, shall be absolutely open and that they shall involve and permit henceforth no secret understandings of any kind. The day of conquest and aggrandizement is gone by; so is also the day of secret covenants entered into in the interest of particular governments and likely at some unlooked-for moment to upset the peace of the world. It is this happy fact, now clear to the view of every public man whose thoughts do not still linger in an age that is dead and gone, which makes it possible for every nation whose purposes are consistent with justice and the peace of the world to avow now or at any other time the objects it has in view.
We entered this war because violations of right had occurred which touched us to the quick and made the life of our own people impossible unless they were corrected and the world secured once for all against their recurrence. What we demand in this war, therefore, is nothing peculiar to ourselves. It is that the world be made fit and safe to live in; and particularly that it be made safe for every peace-loving nation which, like our own, wishes to live its own life, determine its own institutions, be assured of justice and fair dealing by the other peoples of the world as against force and selfish aggression. All the peoples of the world are in effect partners in this interest, and for our own part we see very clearly that unless justice be done to others it will not be done to us. The programme of the world’s peace, therefore, is our programme; and that programme, the only possible programme, as we see it, is this:
I. Open covenants of peace openly arrived at, after which there shall be no private international understandings of any kind but diplomacy shall proceed always frankly and in the public view.
II. Absolute freedom of navigation upon the seas, outside territorial waters, alike in peace and in war, except as the seas may be closed in whole or in part by international action for the enforcement of international covenants.
III. The removal, so far as possible, of all economic barriers and the establishment of an equality of trade conditions among all the nations consenting to the peace and associating themselves for its maintenance.
IV. Adequate guarantees given and taken that national armaments will be reduced to the lowest point consistent with domestic safety.
V. A free, open-minded, and absolutely impartial adjustment of all colonial claims, based upon a strict observance of the principle that in determining all such questions of sovereignty the interests of the populations concerned must have equal weight with the equitable claims of the government where this is to be determined.
VI. The evacuation of all Russian territory and such a settlement of all questions affecting Russia as will secure the best and freest cooperation of the other nations of the world in obtaining for her an unhampered and unembarrassed opportunity for the independent determination of her own political development and national policy and assure her of a sincere welcome into the society of free nations under institutions of her own choosing and, more than a welcome, assistance also of every kind that she may need and may herself desire. The treatment accorded Russia by her sister nations in the months to come will be the acid test of their good will, of their comprehension of her needs, as distinguished from their own interests, and of their intelligent and unselfish sympathy.
VII. Belgium, the whole world will agree, must be evacuated and restored, without any attempt to limit the sovereignty which she enjoys in common with all other free nations. No other single act will serve as this will serve to restore confidence among the nations in the laws which they have themselves set and determined for the government of their relations with one another. Without this healing act the whole structure and validity of international law is forever impaired.
VIII. All French territory should be freed and the invaded portions restored, and the wrong done to France by Prussia in 1871 in the matter of Alsace-Lorraine, which has unsettled the peace of the world for nearly fifty years, should be righted, in order that peace may once more be made secure in the interest of all.
IX. A readjustment of the frontiers of Italy should be effected along clearly recognizable lines of nationality.
X. The peoples of Austria-Hungary, whose place among the nations we wish to see safeguarded and assured, should be accorded the freest opportunity of autonomous development.
XI. Rumania, Serbia, and Montenegro should be evacuated; occupied territories restored; Serbia accorded free and secure access to the sea; and the relations of the several Balkan states to one another determined by friendly counsel along historically established lines of allegiance and nationality; and international guarantees of the political and economic independence and territorial integrity of the several Balkan states should be entered into.
XII. The Turkish portions of the present Ottoman Empire should be assured a secure sovereignty, but the other nationalities which are now under Turkish rule should be assured an undoubted security of life and an absolutely unmolested opportunity of autonomous development, and the Dardanelles should be permanently opened as a free passage to the ships and commerce of all nations under international guarantees.
XIII. An independent Polish state should be erected which should include the territories inhabited by indisputably Polish populations, which should be assured a free and secure access to the sea, and whose political and economic independence and territorial integrity should be guaranteed by international covenant.
XIV. A general association of nations must be formed under specific covenants for the purpose of affording mutual guarantees of political independence and territorial integrity to great and small states alike.
In regard to these essential rectifications of wrong and assertions of right we feel ourselves to be intimate partners of all the governments and peoples associated together against the Imperialists. We cannot be separate in interest or divided in purpose. We stand together until the end.
For such arrangements and covenants we are willing to fight and to continue to fight until they are achieved; but only because we wish the right to prevail and desire a just and stable peace such as can be secured only by removing the chief provocations to war, which this programme does remove. We have no jealousy of German greatness, and there is nothing in this programme that impairs it. We grudge her no achievement or distinction of learning or of pacific enterprise such as have made her record very bright and very enviable. We do not wish to injure her or to block in any way her legitimate influence or power. We do not wish to fight her either with arms or with hostile arrangements of trade if she is willing to associate herself with us and the other peace-loving nations of the world in covenants of justice and law and fair dealing. We wish her only to accept a place of equality among the peoples of the world,—the new world in which we now live,—instead of a place of mastery.
Neither do we presume to suggest to her any alteration or modification of her institutions. But it is necessary, we must frankly say, and necessary as a preliminary to any intelligent dealings with her on our part, that we should know whom her spokesmen speak for when they speak to us, whether for the Reichstag majority or for the military party and the men whose creed is imperial domination.
We have spoken now, surely, in terms too concrete to admit of any further doubt or question. An evident principle runs through the whole programme I have outlined. It is the principle of justice to all peoples and nationalities, and their right to live on equal terms of liberty and safety with one another, whether they be strong or weak. Unless this principle be made its foundation no part of the structure of international justice can stand. The people of the United States could act upon no other principle; and to the vindication of this principle they are ready to devote their lives, their honor, and everything they possess. The moral climax of this the culminating and final war for human liberty has come, and they are ready to put their own strength, their own highest purpose, their own integrity and devotion to the test.
The last “point” in President Wilson’s Fourteen Points speech declared the need for an international body that would guarantee the independence and territorial integrity of all nations. Wilson successfully made this same proposal to other Allied leaders as part of the peace process. The resulting covenant, or agreement, established a League of Nations, originally encompassing forty-two countries. The covenant, included in the Versailles Treaty, which officially ended World War I, includes provisions for international organizations to assist in the League’s goal of world peace through measures aimed at assisting refugees, moving colonies to independence, promoting health, and combating slavery and other public ills. The League’s primary diplomatic role involved it in numerous conflicts and potential conflicts until the eventual beginning of World War II. It was supplanted by the United Nations after the end of that war. U.S. senator Henry Cabot Lodge (1850-1924) was a leading opponent of the League. In the speech reproduced here he argues against the practicality of any institution aiming at perpetual peace, as well as any international body that would impinge on the sovereignty of the United States. Wilson campaigned around the nation in favor of the League but refused any compromise with his opponents in the Senate (which must ratify any treaty). In the end, the Senate refused to ratify the Versailles Treaty or join the League.
Covenant of the League of Nations
February 14, 1919
The High Contracting Parties, in order to promote international co-operation and to achieve international peace and security by the acceptance of obligations not to resort to war, by the prescription of open, just and honourable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among Governments, and by the maintenance of justice and a scrupulous respect for all treaty obligations in the dealings of organised peoples with one another, agree to this Covenant of the League of Nations.
The original Members of the League shall be those of the Signatories which are named in the Annex to this Covenant and also such of those other States named in the Annex as shall accede without reservation to this Covenant. Such accession shall be effected by a Declaration deposited with the Secretariat within two months of the coming into force of the Covenant. Notice thereof shall be sent to all other Members of the League.
Any fully self-governing State, Dominion or Colony not named in the Annex, may become a Member of the League if its admission is agreed to by two-thirds of the Assembly, provided that it shall give effective guarantees of its sincere intention to observe its international obligations, and shall accept such regulations as may be prescribed by the League in regard to its military, naval and air forces and armaments.
Any Member of the League may, after two years’ notice of its intention so to do, withdraw from the League, provided that all its international obligations and all its obligations under this Covenant shall have been fulfilled at the time of its withdrawal.
The action of the League under this Covenant shall be effected through the instrumentality of an Assembly and of a Council, with a permanent Secretariat.
The Assembly shall consist of Representatives of the Members of the League.
The Assembly shall meet at stated intervals and from time to time as occasion may require, at the Seat of the League or at such other place as may be decided upon.
The Assembly may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world.
At meetings of the Assembly each Member of the League shall have one vote, and may have not more than three Representatives.
The Council shall consist of Representatives of the Principal Allied and Associated Powers, together with Representatives of four other Members of the League. These four Members of the League shall be selected by the Assembly from time to time in its discretion. Until the appointment of the Representatives of the four Members of the League first selected by the Assembly, Representatives of Belgium, Brazil, Greece, and Spain shall be members of the Council.
With the approval of the majority of the Assembly, the Council may name additional Members of the League whose Representatives shall always be members of the Council; the Council with like approval may increase the number of Members of the League to be selected by the Assembly for representation on the Council.
The Council shall meet from time to time as occasion may require, and at least once a year, at the Seat of the League, or at such other place as may be decided upon.
The Council may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world.
Any Member of the League not represented on the Council shall be invited to send a Representative to sit as a member at any meeting of the Council during the consideration of matters specially affecting the interests of that Member of the League.
At meetings of the Council each Member of the League represented on the Council shall have one vote, and may have not more than one Representative.
Except where otherwise expressly provided in this Covenant or by the terms of the present Treaty, decisions at any meeting of the Assembly or of the Council shall require the agreement of all the Members of the League represented at the meeting.
All matters of procedure at meetings of the Assembly or of the Council, including the appointment of committees to investigate particular matters, shall be regulated by the Assembly or by the Council, and may be decided by a majority of the Members of the League represented at the meeting.
The first meeting of the Assembly and the first meeting of the Council shall be summoned by the President of the United States of America.
The permanent Secretariat shall be established at the Seat of the League. The Secretariat shall comprise a Secretary-General and such secretaries and staff as may be required.
The first Secretary-General shall be the person named in the Annex; thereafter the Secretary-General shall be appointed by the Council with the approval of the majority of the Assembly.
The secretaries and staff of the Secretariat shall be appointed by the Secretary-General with the approval of the Council.
The Secretary-General shall act in that capacity at all meetings of the Assembly and of the Council.
The expenses of the Secretariat shall be borne by the Members of the League in accordance with the apportionment of the expenses of the International Bureau of the Universal Postal Union.
The Seat of the League is established at Geneva.
The Council may at any time decide that the Seat of the League shall be established elsewhere.
All positions under or in connection with the League, including the Secretariat, shall be open equally to men and women.
Representatives of the Members of the League and officials of the League when engaged on the business of the League shall enjoy diplomatic privileges and immunities.
The buildings and other property occupied by the League or its officials or by Representatives attending its meetings shall be inviolable.
The Members of the League recognise that the maintenance of peace requires the reduction of national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations.
The Council, taking account of the geographical situation and circumstances of each State, shall formulate plans for such reduction for the consideration and action of the several Governments.
Such plans shall be subject to reconsideration and revision at least every ten years.
After these plans shall have been adopted by the several Governments, the limits of armaments therein fixed shall not be exceeded without the concurrence of the Council.
The Members of the League agree that the manufacture by private enterprise of munitions and implements of war is open to grave objections. The Council shall advise how the evil effects attendant upon such manufacture can be prevented, due regard being had to the necessities of those Members of the League which are not able to manufacture the munitions and implements of war necessary for their safety.
The Members of the League undertake to interchange full and frank information as to the scale of their armaments, their military, naval and air programmes and the condition of such of their industries as are adaptable to war-like purposes.
A permanent Commission shall be constituted to advise the Council on the execution of the provisions of Articles I and VIII, and on military, naval and air questions generally.
The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.
Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations. In case any such emergency should arise the Secretary-General shall on the request of any Member of the League forthwith summon a meeting of the Council.
It is also declared to be the friendly right of each Member of the League to bring to the attention of the Assembly or of the Council any circumstance whatever affecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends.
The Members of the League agree that if there should arise between them any dispute likely to lead to a rupture, they will submit the matter either to arbitration or to inquiry by the Council, and they agree in no case to resort to war until three months after the award by the arbitrators or the report by the Council.
In any case under this Article the award of the arbitrators shall be made within a reasonable time, and the report of the Council shall be made within six months after the submission of the dispute.
The Members of the League agree that whenever any dispute shall arise between them which they recognise to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy, they will submit the whole subject-matter to arbitration.
Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration.
For the consideration of any such dispute the court of arbitration to which the case is referred shall be the court agreed on by the parties to the dispute or stipulated in any convention existing between them.
The Members of the League agree that they will carry out in full good faith any award that may be rendered and that they will not resort to war against a Member of the League which complies therewith. In the event of any failure to carry out such an award, the Council shall propose what steps should be taken to give effect thereto.
The Council shall formulate and submit to the Members of the League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall be competent to hear and determine any dispute of an international character which the parties thereto submit to it. The Court may also give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly.
If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration as above, the Members of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to 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, as promptly as possible, statements of their case with all the relevant facts and papers, and the Council may forthwith direct the publication thereof.
The Council shall endeavour to effect a settlement of the dispute, and if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute and the terms of settlement thereof as the Council may deem appropriate.
If the dispute is not thus settled, the Council, either unanimously or by a majority vote, shall make and publish a report containing a statement of the facts of the dispute and the recommendations which are deemed just and proper in regard thereto.
Any Member of the League represented on the Council may make public a statement of the facts of the dispute and of its conclusions regarding the same.
If a report by the Council is unanimously agreed to by the members thereof other than the Representatives of one or more of the parties to the dispute, the Members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report.
If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice.
If the dispute between the parties is claimed by one of them, and is found by the Council to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement.
The Council may in any case under this Article refer the dispute to the Assembly. The dispute shall be so referred at the request of either party to the dispute, provided that such request be made within fourteen days after the submission of the dispute to the Council.
In any case referred to the Assembly, all the provisions of this Article and of Article XII relating to the action and powers of the Council shall apply to the action and powers of the Assembly, provided that a report made by the Assembly, if concurred in by the Representatives of those Members of the League represented on the Council and of a majority of the other Members of the League, exclusive in each case of the Representatives of the parties to the dispute, shall have the same force as a report by the Council concurred in by all the members thereof other than the Representatives of one or more of the parties to the dispute.
Should any Member of the League resort to war in disregard of its covenants under Articles XII, XIII, or XV, it shall ipso facto be deemed to have committed an act of war against all other Members of the League, which hereby undertake immediately to subject it to the severance of all trade or financial relations, the prohibition of all intercourse between their nationals and the nationals of the covenant-breaking State, and the prevention of all financial, commercial, or personal intercourse between the nationals of the covenant-breaking State and the nationals of any other State, whether a Member of the League or not.
It shall be the duty of the Council in such case to recommend to the several Governments concerned what effective military, naval or air force the Members of the League shall severally contribute to the armed forces to be used to protect the covenants of the League.
The Members of the League agree, further, that they will mutually support one another in the financial and economic measures which are taken under this article, in order to minimise the loss and inconvenience resulting from the above measures, and that they will mutually support one another in resisting any special measures aimed at one of their number by the covenant-breaking State, and that they will take the necessary steps to afford passage through their territory to the forces of any of the Members of the League which are co-operating to protect the covenants of the League.
Any member of the League which has violated any covenant of the League may be declared to be no longer a Member of the League by a vote of the Council concurred in by the Representatives of all the other Members of the League represented thereon.
In the event of a dispute between a Member of the League and a State which is not a Member of the League, or between States not Members of the League, the State or States not Members of the League shall be invited to accept the obligations of membership in the League for the purposes of such dispute, upon such conditions as the Council may deem just. If such invitation is accepted, the provisions of Articles XII to XVI inclusive shall be applied with such modifications as may be deemed necessary by the Council.
Upon such invitation being given the Council shall immediately institute an inquiry into the circumstances of the dispute and recommend such action as may seem best and most effectual in the circumstances.
If a State so invited shall refuse to accept the obligations of membership in the League for the purposes of such dispute, and shall resort to war against a Member of the League, the provisions of Article XVI shall be applicable as against the State taking such action.
If both parties to the dispute when so invited refuse to accept the obligations of membership in the League for the purposes of such dispute, the Council may take such measures and make such recommendations as will prevent hostilities and will result in the settlement of the dispute.
Every treaty or international engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered.
The Assembly may from time to time advise the reconsideration by Members of the League of treaties which have become inapplicable and the consideration of international conditions whose continuance might endanger the peace of the world.
The Members of the League severally agree that this Covenant is accepted as abrogating all obligations or understandings inter se which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter enter into any engagements inconsistent with the terms thereof.
In case any Member of the League shall, before becoming a Member of the League, have undertaken any obligations inconsistent with the terms of this Covenant, it shall be the duty of such Member to take immediate steps to procure its release from such obligations.
Nothing in this Covenant shall be deemed to affect the validity of international engagements such as treaties of arbitration or regional understandings like the Monroe Doctrine for securing the maintenance of peace.
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.
The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience or their geographical position, can best undertake this responsibility, and who are willing to accept it, and that this tutelage should be exercised by them as Mandatories on behalf of the League.
The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions and other similar circumstances.
Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.
Other peoples, especially those of Central Africa, are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience or religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory, and will also secure equal opportunities for the trade and commerce of other Members of the League.
There are territories, such as South-West Africa and certain of the South Pacific Islands, which, owing to the sparseness of their population, or their small size, or their remoteness from the centres of civilisation, or their geographical contiguity to the territory of the Mandatory, and other circumstances, can be best administered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous population.
In every case of mandate, the Mandatory shall render to the Council an annual report in reference to the territory committed to its charge.
The degree of authority, control, or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.
A permanent Commission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating to the observance of the mandates.
Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the Members of the League—
There shall be placed under the direction of the League all international bureaux already established by general treaties if the parties to such treaties consent. All such international bureaux and all commissions for the regulation of matters of international interest hereafter constituted shall be placed under the direction of the League.
In all matters of international interest which are regulated by general conventions but which are not placed under the control of international bureaux or commissions, the Secretariat of the League shall, subject to the consent of the Council and if desired by the parties, collect and distribute all relevant information and shall render any other assistance which may be necessary or desirable.
The Council may include as part of the expenses of the Secretariat the expenses of any bureau or commission which is placed under the direction of the League.
The Members of the League agree to encourage and promote the establishment and co-operation of duly authorised voluntary national Red Cross organisations having as purposes the improvement of health, the prevention of disease and the mitigation of suffering throughout the world.
Amendments to this Covenant will take effect when ratified by the Members of the League whose Representatives compose the Council and by a majority of the Members of the League whose Representatives compose the Assembly.
No such amendment shall bind any Member of the League which signifies its dissent therefrom, but in that case it shall cease to be a Member of the League.
ANNEX TO THE COVENANT
Speech against the League of Nations
August 12, 1919
LEAGUE OF NATIONS.
Mr. LODGE. Mr. President, in the Essays of Elia, one of the most delightful is that entitled “Popular Fallacies.” There is one very popular fallacy, however, which Lamb did not include in his list and that is the common saying that history repeats itself. Universal negatives are always dangerous, but if there is anything which is fairly certain, it is that history never exactly repeats itself. Popular fallacies, nevertheless, generally have some basis, and this saying springs from the undoubted truth that mankind from generation to generation is constantly repeating itself. We have an excellent illustration of this fact in the proposed experiment now before us, of making arrangements to secure the permanent peace of the world. To assure the peace of the world by a combination of the nations is no new idea. Leaving out the leagues of antiquity and of mediaeval times and going back no further than the treaty of Utrecht at the beginning of the eighteenth century, we find that at that period a project of a treaty to establish perpetual peace was brought forward in 1713 by the Abbé de Saint-Pierre. The treaty of Utrecht was to be the basis of an international system. A European league or Christian republic was to be set up, under which the members were to renounce the right of making war against each other and submit their disputes for arbitration to a central tribunal of the allies, the decisions of which were to be enforced by a common armament. I need not point out the resemblance between this theory and that which underlies the present league of nations. It was widely discussed during the eighteenth century, receiving much support in public opinion; and Voltaire said that the nations of Europe, united by ties of religion, institutions, and culture, were really but a single family. The idea remained in an academic condition until 1791, when under the pressure of the French Revolution Count Kaunitz sent out a circular letter in the name of Leopold of Austria, urging that it was the duty of all the powers to make common cause for the purpose of “preserving public peace, tranquillity of States, the inviolability of possessions, and the faith of treaties,” which has a very familiar sound. Napoleon had a scheme of his own for consolidating the great European peoples and establishing a central assembly, but the Napoleonic idea differed from that of the eighteenth century, as one would expect. A single great personality dominated and hovered over all. In 1804 the Emperor Alexander took up the question, and urged a general treaty for the formation of a European confederation. “Why could one not submit to it,” the Emperor asked, “the positive rights of nations, assure the privilege of neutrality, insert the obligation of never beginning war until all the resources which the mediation of a third party could offer have been exhausted, until the grievances have by this means been brought to light, and an effort to remove them has been made? On principles such as these one could proceed to a general pacification, and give birth to a league of which the stipulations would form, so to speak, a new code of the law of nations, while those who should try to infringe it would risk bringing upon themselves the forces of the new union.”
The Emperor, moved by more immediately alluring visions, put aside this scheme at the treaty of Tilsit and then decided that peace could best be restored to the world by having two all-powerful emperors, one of the east and one of the west. After the Moscow campaign, however, he returned to his early dream. Under the influence of the Baroness von Krudener he became a devotee of a certain mystic pietism which for some time guided his public acts, and I think it may be fairly said that his liberal and popular ideas of that period, however vague and uncertain, were sufficiently genuine. Based upon the treaties of alliance against France, those of Chaumont and of Vienna, was the final treaty of Paris, of November 20, 1815. In the preamble the signatories, who were Great Britain, Austria, Russia, and Prussia, stated that it is the purpose of the ensuing treaty and their desire “to employ all their means to prevent the general tranquillity—the object of the wishes of mankind and the constant end of their efforts—from being again disturbed; desirous, moreover, to draw closer the ties which unite them for the common interests of their people, have resolved to give to the principles solemnly laid down in the treaties of Chaumont of March 1, 1814, and of Vienna of March 25, 1815, the application the most analogous to the present state of affairs, and to fix beforehand by a solemn treaty the principles which they propose to follow, in order to guarantee Europe from dangers by which she may still be menaced.”
Then follow five articles which are devoted to an agreement to hold France in control and check, based largely on other more detailed agreements. But in article 6 it is said:
To facilitate and to secure the execution of the present treaty, and to consolidate the connections which at the present moment so closely unite the four sovereigns for the happiness of the world, the high contracting parties have agreed to renew their meeting at fixed periods, either under the immediate auspices of the sovereigns themselves, or by their respective ministers, for the purpose of consulting upon their common interests, and for the consideration of the measures which at each of those periods shall be considered the most salutary for the repose and prosperity of nations and for the maintenance of the peace of Europe.
Certainly nothing could be more ingenuous or more praiseworthy than the purposes of the alliance being formed, and yet it was this very combination of powers which was destined to grow into what has been known, and we might add cursed, throughout history as the Holy Alliance.
As early as 1818 it had become apparent that upon this innocent statement might be built an alliance which was to be used to suppress the rights of nationalities and every attempt of any oppressed people to secure their freedom. Lord Castlereagh was a Tory of the Tories, but at that time, only three years after the treaty of Paris when the representatives of the alliance met at Aix-la-Chapelle he began to suspect that this new European system was wholly inconsistent with the liberties to which Englishmen of all types were devoted. At the succeeding meetings, at Troppau and Laibach, his suspicion was confirmed and England began to draw away from her partners. He had indeed determined to break with the alliance before the Congress of Verona, but his death threw the question into the hands of George Canning, who stands forth as the man who separated Great Britain from the combination of the continental powers. The attitude of England, which was defined in a memorandum where it was said that nothing could be more injurious to the idea of government generally than the belief that their force was collectively to be prostituted to the support of an established power without any consideration of the extent to which it was to be abused, led to a compromise in 1818 in which it was declared that it was the intention of the five powers, France being invited to adhere, “to maintain the intimate union, strengthened by the ties of Christian brotherhood, contracted by the sovereigns; to pronounce the object of this union to be the preservation of peace on the basis of respect for treaties.” Admirable and gentle words these, setting forth purposes which all men must approve.
In 1820 the British Government stated that they were prepared to fulfill all treaty obligations, but that if it was desired “to extend the alliance so as to include all objects, present and future, foreseen and unforeseen, it would change its character to such an extent and carry us so far that we should see in it an additional motive for adhering to our course at the risk of seeing the alliance move away from us, without our having quitted it.” The Czar Alexander abandoned his Liberal theories and threw himself into the arms of Metternich, as mean a tyrant as history can show, whose sinister designs probably caused as much misery and oppression in the years which followed as have ever been evolved by one man of second-rate abilities. The three powers, Russia, Austria, and Prussia, then put out a famous protocol in which it was said that the “States which have undergone a change of government due to revolution, the results of which threaten other States, ipso facto cease to be members of the European alliance, and remain excluded from it until their situation gives guaranties for legal order and stability. If, owing to such alterations, immediate danger threatens other States, the powers bind themselves, by peaceful means, or if need be by arms, to bring back the guilty State into the bosom of the great alliance.” To this point had the innocent and laudable declarations of the treaty of Paris already developed. In 1822 England broke away and Canning made no secret of his pleasure at the breach. In a letter to the British minister at St. Petersburg he said:
So things are getting back to a wholesome state again. Every nation for itself, and God for us all. The time for Areopagus, and the like of that, is gone by.
He also said, in the same year, 1823: “What is the influence we have had in the counsels of the alliance, and which Prince Metternich exhorts us to be so careful not to throw away? We protested at Laibach; we remonstrated at Verona. Our protest was treated as waste paper; our remonstrances mingled with the air. Our influence, if it is to be maintained abroad, must be secure in the source of strength at home; and the sources of that strength are in the sympathy between the people and the Government; in the union of the public sentiment with the public counsels; in the reciprocal confidence and cooperation of the House of Commons and the Crown.” These words of Canning are as applicable and as weighty now as when they were uttered and as worthy of consideration.
The Holy Alliance, thus developed by the three continental powers and accepted by France under the Bourbons, proceeded to restore the inquisition in Spain, to establish the Neapolitan Bourbons, who for 40 years were to subject the people of southern Italy to one of the most detestable tyrannies ever known, and proposed further to interfere against the colonies in South America which had revolted from Spain and to have their case submitted to a congress of the powers. It was then that Canning made his famous statement, “We have called a new world into existence to redress the balance of the old.” It was at this point also that the United States intervened. The famous message of Monroe, sent to Congress on December 2, 1823, put an end to any danger of European influence in the American Continents. A distinguished English historian, Mr. William Alison Phillips, says:
The attitude of the United States effectually prevented the attempt to extend the dictatorship of the alliance beyond the bounds of Europe, in itself a great service to mankind.
In 1825 Great Britain recognized the South American Republics. So far as the New World was concerned the Holy Alliance had failed. It was deprived of the support of France by the revolution of 1830, but it continued to exist under the guidance of Metternich and its last exploit was in 1849, when the Emperor Nicholas sent a Russian army into Hungary to crush out the struggle of Kossuth for freedom and independence.
I have taken the trouble to trace in the merest outline the development of the Holy Alliance, so hostile and dangerous to human freedom, because I think it carries with it a lesson for us at the present moment, showing as it does what may come from general propositions and declarations of purposes in which all the world agrees. Turn to the preamble of the covenant of the league of nations now before us, which states the objects of the league. It is formed “in order to promote international cooperation and to achieve international peace and security by the acceptance of obligations not to resort to war, by the prescription of open, just, and honorable relations between nations, by the firm establishment of the understandings of international laws as the actual rule of conduct among governments, and by the maintenance of justice and a scrupulous respect for all treaty obligations in the dealings of organized peoples with one another.”
No one would contest the loftiness or the benevolence of these purposes. Brave words, indeed! They do not differ essentially from the preamble of the treaty of Paris, from which sprang the Holy Alliance. But the covenant of this league contains a provision which I do not find in the treaty of Paris, and which is as follows:
The assembly may deal at its meetings with any matter within the sphere of action of the league or affecting the peace of the world.
There is no such sweeping or far-reaching provision as that in the treaty of Paris, and yet able men developed from that treaty the Holy Alliance, which England, and later France, were forced to abandon and which, for 35 years, was an unmitigated curse to the world. England broke from the Holy Alliance and the breach began three years after it was formed, because English statesmen saw that it was intended to turn the alliance—and this league is an alliance—into a means of repressing internal revolutions or insurrections. There was nothing in the treaty of Paris which warranted such action, but in this covenant of the league of nations the authority is clearly given in the third paragraph of article 3, where it is said:
The assembly may deal at its meetings with any matter within the sphere of action of the league or affecting the peace of the world.
No revolutionary movement, no internal conflict, of any magnitude can fail to affect the peace of the world. The French Revolution, which was wholly internal at the beginning, affected the peace of the world to such an extent that it brought on a world war which lasted some 25 years. Can anyone say that our Civil War did not affect the peace of the world? At this very moment, who would deny that the condition of Russia, with internal conflicts raging in all parts of that great Empire, does not affect the peace of the world and therefore come properly within the jurisdiction of the league? “Any matter affecting the peace of the world” is a very broad statement which could be made to justify almost any interference on the part of the league with the internal affairs of other countries. That this fair and obvious interpretation is the one given to it abroad is made perfectly apparent in the direct and vigorous statement of M. Clemenceau in his letter to Mr. Paderewski, in which he takes the ground in behalf of the Jews and other nationalities in Poland that they should be protected, and where he says that the associated powers would feel themselves bound to secure guaranties in Poland “of certain essential rights which will afford to the inhabitants the necessary protection, whatever changes may take place in the internal constitution of the Polish Republic,” he contemplates and defends interference with the internal affairs of Poland—among other things—in behalf of a complete religious freedom, a purpose with which we all deeply sympathize. These promises of the French prime minister are embodied in effective clauses in the treaties with Germany and with Poland and deal with the internal affairs of nations, and their execution is intrusted to the “principal allied and associated powers”; that is, to the United States, Great Britain, France, Italy, and Japan. This is a practical demonstration of what can be done under article 3 and under article 11 of the league covenant, and the authority which permits interference in behalf of religious freedom—an admirable object—is easily extended to the repression of internal disturbances, which may well prove a less admirable purpose. If Europe desires such an alliance or league with a power of this kind, so be it. I have no objection, provided they do not interfere with the American Continents or force us against our will but bound by a moral obligation into all the quarrels of Europe. If England, abandoning the policy of Canning, desires to be a member of a league which has such powers as this, I have not a word to say. But I object in the strongest possible way to having the United States agree, directly or indirectly, to be controlled by a league which may at any time, and perfectly lawfully and in accordance with the terms of the covenant, be drawn in to deal with internal conflicts in other countries, no matter what those conflicts may be. We should never permit the United States to be involved in any internal conflict in another country, except by the will of her people expressed through the Congress which represents them.
With regard to wars of external aggression on a member of the league, the case is perfectly clear. There can be no genuine dispute whatever about the meaning of the first clause of article 10. In the first place, it differs from every other obligation in being individual and placed upon each nation without the intervention of the league. Each nation for itself promises to respect and preserve as against external aggression the boundaries and the political independence of every member of the league. Of the right of the United States to give such a guaranty I have never had the slightest doubt, and the elaborate arguments which have been made here and the learning which has been displayed about our treaty with Granada, now Colombia, and with Panama, were not necessary for me, because, I repeat, there can be no doubt of our right to give a guaranty to another nation that we will protect its boundaries and independence. The point I wish to make is that the pledge is an individual pledge. We have, for example, given guaranties to Panama and for obvious and sufficient reasons. The application of that guaranty would not be in the slightest degree affected by ten or twenty other nations giving the same pledge, if Panama, when in danger, appealed to us to fulfill our obligation. We should be bound to do so without the slightest reference to the other guarantors. In article 10 the United States is bound on the appeal of any member of the league not only to respect but to preserve its independence and its boundaries, and that pledge, if we give it, must be fulfilled.
There is to me no distinction whatever in a treaty between what some persons are pleased to call legal and moral obligation. A treaty rests and must rest, except where it is imposed under duress and securities and hostages are taken for its fulfillment, upon moral obligations. No doubt a great power impossible of coercion can cast aside a moral obligation if it sees fit and escape from the performance of the duty which it promises. The pathway of dishonor is always open. I for one, however, can not conceive of voting for a clause of which I disapprove because I know it can be escaped in that way. Whatever the United States agrees to, by that agreement she must abide. Nothing could so surely destroy all prospects of the world’s peace as to have any powerful nation refuse to carry out an obligation, direct or indirect, because it rests only on moral grounds. Whatever we promise we must carry out to the full, “without mental reservation or purpose of evasion.” To me any other attitude is inconceivable. Without the most absolute and minute good faith in carrying out a treaty to which we have agreed, without ever resorting to doubtful interpretations or to the plea that it is only a moral obligation, treaties are worthless. The greatest foundation of peace is the scrupulous observance of every promise, express or implied, of every pledge, whether it can be described as legal or moral. No vote should be given to any clause in any treaty or to any treaty except in this spirit and with this understanding.
I return, then, to the first clause of article 10. It is, I repeat, an individual obligation. It requires no action on the part of the league, except that in the second sentence the authorities of the league are to have the power to advise as to the means to be employed in order to fulfill the purpose of the first sentence. But that is a detail of execution, and I consider that we are morally and in honor bound to accept and act upon that advice. The broad fact remains that if any member of the league suffering from external aggression should appeal directly to the United States for support the United States would be bound to give that support in its own capacity and without reference to the action of other powers, because the United States itself is bound, and I hope the day will never come when the United States will not carry out its promises. If that day should come, and the United States or any other great country should refuse, no matter how specious the reasons, to fulfill both in letter and spirit every obligation in this covenant, the United States would be dishonored and the league would crumble into dust, leaving behind it a legacy of wars. If China should rise up and attack Japan in an effort to undo the great wrong of the cession of the control of Shantung to that power, we should be bound under the terms of article 10 to sustain Japan against China, and a guaranty of that sort is never invoked except when the question has passed beyond the stage of negotiation and has become a question for the application of force. I do not like the prospect. It shall not come into existence by any vote of mine.
Article 11 carries this danger still further, for it says:
Any war or threat of war, whether immediately affecting any of the members of the league or not, is hereby declared a matter of concern to the whole league and the league shall take any action that shall be deemed wise and effectual to safeguard the peace of nations.
“Any war or threat of war” means both external aggression and internal disturbance, as I have already pointed out in dealing with article 3. “Any action” covers military action, because it covers action of any sort or kind. Let me take an example, not an imaginary case, but one which may have been overlooked, because most people have not the slightest idea where or what a King of the Hejaz is. The following dispatch appeared recently in the newspapers:
HEJAZ AGAINST BEDOUINS
The forces of Emir Abdullah recently suffered a grave defeat, the Wahabis attacking and capturing Kurma, east of Mecca. Ibn Savond is believed to be working in harmony with the Wahabis. A squadron of the royal air force was ordered recently to go to the assistance of King Hussein.
Hussein I take to be the Sultan of Hejaz. He is being attacked by the Bedouins, as they are known to us, although I fancy the general knowledge about the Wahabis and Ibn Savond and Emir Abdullah is slight and the names mean but little to the American people. Nevertheless, here is a case of a member of the league—for the King of the Hejaz is such a member in good and regular standing and signed the treaty by his representatives, Mr. Rustem Haidar and Mr. Abdul Havi Aouni.
Under article 10, if King Hussein appealed to us for aid and protection against external aggression affecting his independence and the boundaries of his kingdom, we should be bound to give that aid and protection and to send American soldiers to Arabia. It is not relevant to say that this is unlikely to occur; that Great Britain is quite able to take care of King Hussein, who is her fair creation, reminding one a little of the Mosquito King, a monarch once developed by Great Britain on the Mosquito Coast of Central America. The fact that we should not be called upon does not alter the right which the King of Hejaz possesses to demand the sending of American troops to Arabia in order to preserve his independence against the assaults of the Wahabis or Bedouins. I am unwilling to give that right to King Hussein, and this illustrates the point which is to me the most objectionable in the league as it stands—the right of other powers to call out American troops and American ships to go to any part of the world, an obligation we are bound to fulfill under the terms of this treaty. I know the answer well—that of course they could not be sent without action by Congress. Congress would have no choice if acting in good faith, and if under article 10 any member of the league summoned us, or if under article 11 the league itself summoned us, we should be bound in honor and morally to obey. There would be no escape except by a breach of faith, and legislation by Congress under those circumstances would be a mockery of independent action. Is it too much to ask that provision should be made that American troops and American ships should never be sent anywhere or ordered to take part in any conflict except after the deliberate action of the American people, expressed according to the Constitution through their chosen representatives in Congress?
Let me now briefly point out the insuperable difficulty which I find in article 15. It begins: “If there should arise between members of the league any dispute likely to lead to a rupture.” “Any dispute” covers every possible dispute. It therefore covers a dispute over tariff duties and over immigration. Suppose we have a dispute with Japan or with some European country as to immigration. I put aside tariff duties as less important than immigration. This is not an imaginary case. Of late years there has probably been more international discussion and negotiation about questions growing out of immigration laws than any other one subject. It comes within the definition of “any dispute” at the beginning of article 15. In the eighth paragraph of that article it is said that “if the dispute between the parties is claimed by one of them, and is found by the council to arise out of a matter which, by international law, is solely within the domestic jurisdic[t]ion of that party, the council shall so report and shall make no recommendation as to its settlement.” That is one of the statements, of which there are several in this treaty where words are used which it is difficult to believe their authors could have written down in seriousness. They seem to have been put in for the same purpose as what is known in natural history as protective coloring. Protective coloring is intended so to merge the animal, the bird, or the insect in its background that it will be indistinguishable from its surroundings and difficult, if not impossible, to find the elusive and hidden bird, animal, or insect. Protective coloring here is used in the form of words to give an impression that we are perfectly safe upon immigration and tariffs, for example, because questions which international law holds to be solely within domestic jurisdiction are not to have any recommendation from the council, but the dangers are there just the same, like the cunningly colored insect on the tree or the young bird crouching motionless upon the sand. The words and the coloring are alike intended to deceive. I wish somebody would point out to me those provisions of international law which make a list of questions which are hard and fast within the domestic jurisdiction. No such distinction can be applied to tariff duties or immigration nor indeed finally and conclusively to any subject. Have we not seen the school laws of California, most domestic of subjects, rise to the dignity of a grave international dispute? No doubt both import duties and immigration are primarily domestic questions, but they both constantly involve and will continue to involve international effects. Like the protective coloration, this paragraph is wholly worthless unless it is successful in screening from the observer the existence of the animal, insect, or bird which it is desired to conceal. It fails to do so and the real object is detected. But even if this bit of deception was omitted—and so far as the question of immigration or tariff questions are concerned it might as well be—the ninth paragraph brings the important point clearly to the front. Immigration, which is the example I took, can not escape the action of the league by any claim of domestic jurisdiction; it has too many international aspects.
Article 9 says:
The council may, in any case under this article, refer the dispute to the assembly.
We have our dispute as to immigration with Japan or with one of the Balkan States, let us say. The council has the power to refer the dispute to the assembly. Moreover, the dispute shall be so referred at the request of either party to the dispute, provided that such request be made within 14 days after the submission of the dispute to the council. So that Japan or the Balkan States, for example, with which we may easily have the dispute, ask that it be referred to the assembly, and the immigration question between the United States and Jugoslavia or Japan, as the case may be, goes to the assembly. The United States and Japan or Jugoslavia are excluded from voting, and the provisions of article 12, relating to the action and powers of the council, apply to the action and powers of the assembly, provided, as set forth in article 15, that a report made by the assembly, “if concurred in by the representatives of those members of the league represented on the council and of a majority of the other members of the league, exclusive in each case of the representatives of the parties to the dispute, shall have the same force as a report by the council concurred in by all the members thereof other than the representatives of one or more of the parties to the dispute.” This course of procedure having been pursued, we find the question of immigration between the United States and Japan is before the assembly for decision. The representatives of the council, except the delegates of the United States and of Japan or Jugoslavia, must all vote unanimously upon it, as I understand it, but a majority of the entire assembly, where the council will have only seven votes, will decide. Can anyone say beforehand what the decision of that assembly will be, in which the United States and Jugoslavia or Japan will have no vote? The question in one case may affect immigration from every country in Europe, although the dispute exists only for one, and in the other the whole matter of Asiatic immigration is involved. Is it too fanciful to think that it might be decided against us? For my purpose it matters not whether it is decided for or against us. An immigration dispute or a dispute over tariff duties, met by the procedure set forth in article 15, comes before the assembly of delegates for a decision by what is practically a majority vote of the entire assembly. That is something to which I do not find myself able to give my assent. So far as immigration is concerned, and also so far as tariff duties, although less important, are concerned, I deny the jurisdiction. There should be no possibility of other nations deciding who shall come into the United States or under what conditions they shall enter. The right to say who shall come into a country is one of the very highest attributes of sovereignty. If a nation can not say without appeal who shall come within its gates and become a part of its citizenship it has ceased to be a sovereign nation. It has become a tributary and a subject nation, and it makes no difference whether it is subject to a league or to a conqueror.
If other nations are willing to subject themselves to such a domination, the United States, to which many immigrants have come and many more will come, ought never to submit to it for a moment. They tell us that so far as Asiatic emigration is concerned there is not the slightest danger that that will ever be forced upon us by the league, because Australia and Canada and New Zealand are equally opposed to it. I think it highly improbable that it would be forced upon us under those conditions, but it is by no means impossible. It is true the United States has one vote, and that England, if you count the King of the Hejaz, has seven—in all eight—votes; yet it might not be impossible for Japan and China and Siam to rally enough other votes to defeat us; but whether we are protected in that way or not does not matter. The very offering of that explanation accepts the jurisdiction of the league, and personally I can not consent to putting the protection of my country and of her workingmen against undesirable immigration out of our own hands. We and we alone must say who shall come into the United States and become citizens of this Republic, and no one else should have any power to utter one word in regard to it.
Article 21 says:
Nothing in this covenant shall be deemed to affect the validity of international engagements, such as treaties of arbitration or regional understandings like the Monroe doctrine for securing the maintenance of peace.
This provision did not appear in the first draft of the covenant, and when the President explained the second draft of the convention to the peace conference he said:
Article 21 is new.
And that was all he said. No one can question the truth of the remark, but I trust I shall not be considered disrespectful if I say that it was not an illuminating statement. The article was new, but the fact of its novelty, which the President declared, was known to everyone who had taken the trouble to read the two documents. We were not left, however, without a fitting explanation. The British delegation took it upon themselves to explain article 21 at some length, and this is what they said:
Article 21 makes it clear that the covenant is not intended to abrogate or weaken any other agreements, so long as they are consistent with its own terms, into which members of the league may have entered or may hereafter enter for the assurance of peace. Such agreements would include special treaties for compulsory arbitration and military conventions that are genuinely defensive.
The Monroe doctrine and similar understandings are put in the same category. They have shown themselves in history to be not instruments of national ambition, but guarantees of peace. The origin of the Monroe doctrine is well known. It was proclaimed in 1823 to prevent America from becoming a theater for intrigues of European absolutism. At first a principle of American foreign policy, it has become an international understanding, and it is not illegitimate for the people of the United States to say that the covenant should recognize that fact.
In its essence it is consistent with the spirit of the covenant, and indeed, the principles of the league, as expressed in article 10, represent the extension to the whole world of the principles of the doctrine while, should any dispute as to the meaning of the latter ever arise between the American and European powers, the league is there to settle it.
The explanation of Great Britain received the assent of France.
It seems to me monumentally paradoxical and a trifle infantile—
Says M. Lausanne, solicitor of the “Treaties” and a chief spokesman for M. Clemenceau—
to pretend the contrary.
When the executive council of the league of nations fixes the “reasonable limits of the armament of Peru”: when it shall demand information concerning the naval program of Brazil (art. 7 of the covenant); when it shall tell Argentina what shall [be] the measure of the “contribution to the armed forces to protect the signature of the social covenant” (art. 16); when it shall demand the immediate registration of the treaty between the United States and Canada at the seat of the league, it will control, whether it wills or not, the destinies of America.
And when the American States shall be obliged to take a hand in every war or menace of war in Europe (art. 11), they will necessarily fall afoul of the fundamental principle laid down by Monroe.
. . . If the league takes in the world, then Europe must mix in the affairs of America: if only Europe is included, then America will violate of necessity her own doctrine by intermixing in the affairs of Europe.
It has seemed to me that the British delegation travelled a little out of the precincts of the peace conference when they undertook to explain the Monroe doctrine and tell the United States what it was and what it was not proposed to do with it under the new article. That, however, is merely a matter of taste and judgment. Their statement that the Monroe doctrine under this article, if any question arose in regard to it, would be passed upon and interpreted by the league of nations is absolutely correct. There is no doubt that this is what the article means. Great Britain so stated it, and no American authority, whether friendly or unfriendly to the league, has dared to question it. I have wondered a little why it was left to the British delegation to explain that article, which so nearly concerns the United States, but that was merely a fugitive thought upon which I will not dwell. The statement of M. Lausanne is equally explicit and truthful, but he makes one mistake. He says in substance that if we are to meddle in Europe, Europe can not be excluded from the Americas. He overlooks the fact that the Monroe doctrine also says:
Our policy in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that corner of the globe, nevertheless remains the same, which is not to interfere in the internal concerns of any of the powers.
The Monroe doctrine was the corollary of Washington’s neutrality policy and of his injunction against permanent alliances. It reiterates and reaffirms the principle. We do not seek to meddle in the affairs of Europe and keep Europe out of the Americas. It is as important to keep the United States out of European affairs as to keep Europe out of the American Continents. Let us maintain the Monroe doctrine, then, in its entirety, and not only preserve our own safety, but in this way best promote the real peace of the world. Whenever the preservation of freedom and civilization and the overthrow of a menacing world conqueror summon us we shall respond fully and nobly, as we did in 1917. He who doubts that we should do so has little faith in America. But let it be our own act, and not done reluctantly by the coercion of other nations, at the bidding or by the permission of other countries.
Let me now deal with the article itself. We have here some protective coloration again. The Monroe doctrine is described as a “regional understanding,” whatever that may mean. The boundaries between the States of the Union, I suppose, are “regional understandings,” if anyone chooses to apply to them that somewhat swollen phraseology. But the Monroe doctrine is no more a regional understanding than it is an “international engagement.” The Monroe doctrine was a policy declared by President Monroe. Its immediate purpose was to shut out Europe from interfering with the South American Republics, which the Holy Alliance designed to do. It was stated broadly, however, as we all know, and went much further than that. It was, as I have just said, the corollary of Washington’s declaration against our interfering in European questions. It was so regarded by Jefferson at the time, and by John Quincy Adams, who formulated it, and by President Monroe, who declared it. It rested firmly on the great law of self-preservation, which is the basic principle of every independent State. It is not necessary to trace its history, or to point out the extensions which it has received, or its universal acceptance by all American statesmen without regard to party. All Americans have always been for it. They may not have known its details, or read all the many discussions in regard to it, but they knew that it was an American doctrine, and that, broadly stated, it meant the exclusion of Europe from interference with American affairs and from any attempt to colonize or set up new States within the boundaries of the American Continent. I repeat, it was purely an American doctrine, a purely American policy, designed and wisely designed for our defense. It has never been an “international engagement.” No nation has ever formally recognized it. It has been the subject of reservation at international conventions by American delegates. It has never been a “regional understanding,” or an understanding of any kind with anybody. It was the declaration of the United States of America, in their own behalf, supported by their own power. They brought it into being, and its life was predicated on the force which the United States could place behind it. Unless the United States could sustain it, it would die. The United States has supported it. It has lived—strong, efficient, respected. It is now proposed to kill it by a provision in a treaty for a league of nations.
The instant that the United States, who declared, interpreted, and sustained the doctrine, ceases to be the sole judge of what it means, that instant the Monroe doctrine ceases and disappears from history and from the face of the earth. I think it is just as undesirable to have Europe interfere in American affairs now as Mr. Monroe thought it was in 1823, and equally undesirable that we should be compelled to involve ourselves in all the wars and brawls of Europe. The Monroe doctrine has made for peace. Without the Monroe doctrine we should have had many a struggle with European powers to save ourselves from possible assault and certainly from the necessity of becoming a great military power, always under arms and always ready to resist invasion from States in our near neighborhood. In the interests of the peace of the world it is now proposed to wipe away this American policy, which has been a bulwark and a barrier for peace. With one exception it has always been successful, and then success was only delayed. When we were torn by civil war France saw fit to enter Mexico and endeavored to establish an empire there. When our hands were once free the empire perished, and with it the unhappy tool of the third Napoleon. If the United States had not been rent by civil war no such attempt would have been made, and nothing better illustrates the value to the cause of peace of the Monroe doctrine. Why, in the name of peace, should we extinguish it? Why, in the name of peace, should we be called upon to leave the interpretation of the Monroe doctrine to other nations? It is an American policy. It is our own. It has guarded us well, and I for one can never find consent in my heart to destroy it by a clause in a treaty and hand over its body for dissection to the nations of Europe. If we need authority to demonstrate what the Monroe doctrine has meant to the United States we can not do better than quote the words of Grover Cleveland, who directed Mr. Olney to notify the world that “to-day the United States is practically sovereign on this continent, and its fiat is law to which it confines its interposition.” Theodore Roosevelt, in the last article written before his death, warned us, his countrymen, that we are “in honor bound to keep ourselves so prepared that the Monroe doctrine shall be accepted as immutable international law.” Grover Cleveland was a Democrat and Theodore Roosevelt was a Republican, but they were both Americans, and it is the American spirit which has carried this country always to victory and which should govern us to-day, and not the international spirit, which would in the name of peace hand the United States over bound hand and foot to obey the fiat of other powers.
Another point in this covenant where change must be made in order to protect the safety of the United States in the future is in article 1, where withdrawal is provided for. This provision was an attempt to meet the very general objection to the first draft of the league, that there was no means of getting out of it without denouncing the treaty; that is, there was no arrangement for the withdrawal of any nation. As it now stands it reads that—
Any member of the league may, after two years’ notice of its intention to do so, withdraw from the league, provided that all its international obligations and all its obligations under this covenant shall have been fulfilled at the time of its withdrawal.
The right of withdrawal is given by this clause, although the time for notice, two years, is altogether too long. Six months or a year would be found, I think, in most treaties to be the normal period fixed for notice of withdrawal. But whatever virtue there may be in the right thus conferred is completely nullified by the proviso. The right of withdrawal can not be exercised until all the international obligations and all the obligations of the withdrawing nations have been fulfilled. The league alone can decide whether “all international obligations and all obligations under this covenant” have been fulfilled, and this would require, under the provisions of the league, a unanimous vote, so that any nation desiring to withdraw could not do so, even on the two years’ notice, if one nation voted that the obligations had not been fulfilled. Remember that this gives the league not only power to review all our obligations under the covenant but all our treaties with all nations, for every one of those is an “international obligation.”
Are we deliberately to put ourselves in fetters and be examined by the league of nations as to whether we have kept faith with Cuba or Panama before we can be permitted to leave the league? This seems to me humiliating, to say the least. The right of withdrawal, if it is to be of any value whatever, must be absolute, because otherwise a nation desiring to withdraw could be held in the league by objections from other nations until the very act which induces the nation to withdraw had been completed, until the withdrawing nation had been forced to send troops to take part in a war with which it had no concern and upon which it did not desire to enter. It seems to me vital to the safety of the United States not only that this provision should be eliminated and the right to withdraw made absolute but that the period of withdrawal should be much reduced. As it stands it is practically no better in this respect than the first league draft, which contained no provision for withdrawal at all, because the proviso here inserted so encumbers it that every nation to all intents and purposes must remain a member of the league indefinitely unless all the other members are willing that it should retire. Such a provision as this, ostensibly framed to meet the objection, has the defect which other similar gestures to give an impression of meeting objections have, that it apparently keeps the promise to the ear but most certainly breaks it to the hope.
I have dwelt only upon those points which seem to me most dangerous. There are, of course, many others, but these points, in the interest not only of the safety of the United States but of the maintenance of the treaty and the peace of the world, should be dealt with here before it is too late. Once in the league the chance of amendment is so slight that it is not worth considering. Any analysis of the provisions of this league covenant, however, brings out in startling relief one great fact. Whatever may be said, it is not a league of peace; it is an alliance, dominated at the present moment by five great powers, really by three, and it has all the marks of an alliance. The development of international law is neglected. The court which is to decide disputes brought before it fills but a small place. The conditions for which this league really provides with the utmost care are political conditions, not judicial questions, to be reached by the executive council and the assembly, purely political bodies without any trace of a judicial character about them. Such being its machinery, the control being in the hands of political appointees whose votes will be controlled by interest and expediency, it exhibits that most marked characteristic of an alliance—that its decisions are to be carried out by force. Those articles upon which the whole structure rests are articles which provide for the use of force; that is, for war. This league to enforce peace does a great deal for enforcement and very little for peace. It makes more essential provisions looking to war than to peace for the settlement of disputes.
Article 10 I have already discussed. There is no question that the preservation of a State against external aggression can contemplate nothing but war. In article 11, again, the league is authorized to take any action which may be necessary to safeguard the peace of the world. “Any action” includes war. We also have specific provisions for a boycott, which is a form of economic warfare. The use of troops might be avoided, but the enforcement of a boycott would require blockades in all probability, and certainly a boycott in its essence is simply an effort to starve a people into submission, to ruin their trade, and, in the case of nations which are not self-supporting, to cut off their food supply. The misery and suffering caused by such a measure as this may easily rival that caused by actual war. Article 16 embodies the boycott and also, in the last paragraph, provides explicitly for war. We are told that the word “recommend” has no binding force; it constitutes a moral obligation; that is all. But it means that if we, for example, should refuse to accept the recommendation we should nullify the operation of article 16 and, to that extent, of the league. It seems to me that to attempt to relieve us of clearly imposed duties by saying that the word “recommend” is not binding is an escape of which no nation regarding the sanctity of treaties and its own honor would care to avail itself. The provisions of article 16 are extended to States outside the league who refuse to obey its command to come in and submit themselves to its jurisdiction—another provision for war.
Taken altogether, these provisions for war present what to my mind is the gravest objection to this league in its present form. We are told that of course nothing will be done in the way of warlike acts without the assent of Congress. If that is true let us say so in the covenant. But as it stands there is no doubt whatever in my mind that American troops and American ships may be ordered to any part of the world by nations other than the United States, and that is a proposition to which I for one can never assent. It must be made perfectly clear that no American soldiers, not even a corporal’s guard, that no American sailors, not even the crew of a submarine, can ever be engaged in war or ordered anywhere except by the constitutional authorities of the United States. To Congress is granted by the Constitution the right to declare war, and nothing that would take the troops out of the country at the bidding or demand of other nations should ever be permitted except through congressional action. The lives of Americans must never be sacrificed except by the will of the American people expressed through their chosen Representatives in Congress. This is a point upon which no doubt can be permitted. American soldiers and American sailors have never failed the country when the country called upon them. They went in their hundreds of thousands into the war just closed. They went to die for the great cause of freedom and of civilization. They went at their service. We were late in entering the war. We made no preparation, as we ought to have done, for the ordeal which was clearly coming upon us; but we went and we turned the wavering scale. It was done by the American soldier, the American sailor, and the spirit and energy of the American people. They overrode all obstacles and all shortcomings on the part of the administration or of Congress and gave to their country a great place in the great victory. It was the first time we had been called upon to rescue the civilized world. Did we fail? On the contrary, we succeeded, succeeded largely and nobly, and we did it without any command from any league of nations. When the emergency came we met it, and we were able to meet it because we had built up on this continent the greatest and most powerful Nation in the world, built it up under our own policies, in our own way, and one great element of our strength was the fact that we had held aloof and had not thrust ourselves into European quarrels; that we had no selfish interest to serve. We made great sacrifices. We have done splendid work. I believe that we do not require to be told by foreign nations when we shall do work which freedom and civilization require. I think we can move to victory much better under our own command than under the command of others. Let us unite with the world to promote the peaceable settlement of all international disputes. Let us try to develop international law. Let us associate ourselves with the other nations for these purposes. But let us retain in our own hands and in our own control the lives of the youth of the land. Let no American be sent into battle except by the constituted authorities of his own country and by the will of the people of the United States.
Those of us, Mr. President, who are either wholly opposed to the league, or who are trying to preserve the independence and the safety of the United States by changing the terms of the league, and who are endeavoring to make the league, if we are to be a member of it, less certain to promote war instead of peace have been reproached with selfishness in our outlook and with a desire to keep our country in a state of isolation. So far as the question of isolation goes, it is impossible to isolate the United States. I well remember the time, 20 years ago, when eminent Senators and other distinguished gentlemen who were opposing the Philippines and shrieking about imperialism sneered at the statement made by some of us, that the United States had become a world power. I think no one now would question that the Spanish war marked the entrance of the United States into world affairs to a degree which had never obtained before. It was both an inevitable and an irrevocable step, and our entrance into the war with Germany certainly showed once and for all that the United States was not unmindful of its world responsibilities. We may set aside all this empty talk about isolation. Nobody expects to isolate the United States or to make it a hermit Nation, which is a sheer absurdity. But there is a wide difference between taking a suitable part and bearing a due responsibility in world affairs and plunging the United States into every controversy and conflict on the face of the globe. By meddling in all the differences which may arise among any portion or fragment of humankind we simply fritter away our influence and injure ourselves to no good purpose. We shall be of far more value to the world and its peace by occupying, so far as possible, the situation which we have occupied for the last 20 years and by adhering to the policy of Washington and Hamilton, of Jefferson and Monroe, under which we have risen to our present greatness and prosperity. The fact that we have been separated by our geographical situation and by our consistent policy from the broils of Europe has made us more than any one thing capable of performing the great work which we performed in the war against Germany, and our disinterestedness is of far more value to the world than our eternal meddling in every possible dispute could ever be.
Now as to our selfishness. I have no desire to boast that we are better than our neighbors, but the fact remains that this Nation in making peace with Germany had not a single selfish or individual interest to serve. All we asked was that Germany should be rendered incapable of again breaking forth, with all the horrors incident to German warfare, upon an unoffending world, and that demand was shared by every free nation and indeed by humanity itself. For ourselves we asked absolutely nothing. We have not asked any government or governments to guarantee our boundaries or our political independence. We have no fear in regard to either. We have sought no territory, no privileges, no advantages for ourselves. That is the fact. It is apparent on the face of the treaty. I do not mean to reflect upon a single one of the powers with which we have been associated in the war against Germany, but there is not one of them which has not sought individual advantages for their own national benefit. I do not criticize their desires at all. The services and sacrifices of England and France and Belgium and Italy are beyond estimate and beyond praise. I am glad they should have what they desire for their own welfare and safety. But they all receive under the peace territorial and commercial benefits. We are asked to give, and we in no way seek to take. Surely it is not too much to insist that when we are offered nothing but the opportunity to give and to aid others we should have the right to say what sacrifices we shall make and what the magnitude of our gifts shall be. In the prosecution of the war we gave unstintedly American lives and American treasure. When the war closed we had 3,000,000 men under arms. We were turning the country into a vast workshop for war. We advanced ten billions to our allies. We refused no assistance that we could possibly render. All the great energy and power of the Republic were put at the service of the good cause. We have not been ungenerous. We have been devoted to the cause of freedom, humanity, and civilization everywhere. Now we are asked, in the making of peace, to sacrifice our sovereignty in important respects, to involve ourselves almost without limit in the affairs of other nations and to yield up policies and rights which we have maintained throughout our history. We are asked to incur liabilities to an unlimited extent and furnish assets at the same time which no man can measure. I think it is not only our right but our duty to determine how far we shall go. Not only must we look carefully to see where we are being led into endless disputes and entanglements, but we must not forget that we have in this country millions of people of foreign birth and parentage.
Our one great object is to make all these people Americans so that we may call on them to place America first and serve America as they have done in the war just closed. We can not Americanize them if we are continually thrusting them back into the quarrels and difficulties of the countries from which they came to us. We shall fill this land with political disputes about the troubles and quarrels of other countries. We shall have a large portion of our people voting not on American questions and not on what concerns the United States but dividing on issues which concern foreign countries alone. That is an unwholesome and perilous condition to force upon this country. We must avoid it. We ought to reduce to the lowest possible point the foreign questions in which we involve ourselves. Never forget that this league is primarily—I might say overwhelmingly—a political organization, and I object strongly to having the politics of the United States turn upon disputes where deep feeling is aroused but in which we have no direct interest. It will all tend to delay the Americanization of our great population, and it is more important not only to the United States but to the peace of the world to make all these people good Americans than it is to determine that some piece of territory should belong to one European country rather than to another. For this reason I wish to limit strictly our interference in the affairs of Europe and of Africa. We have interests of our own in Asia and in the Pacific which we must guard upon our own account, but the less we undertake to play the part of umpire and thrust ourselves into European conflicts the better for the United States and for the world.
It has been reiterated here on this floor, and reiterated to the point of weariness, that in every treaty there is some sacrifice of sovereignty. That is not a universal truth by any means, but it is true of some treaties and it is a platitude which does not require reiteration. The question and the only question before us here is how much of our sovereignty we are justified in sacrificing. In what I have already said about other nations putting us into war I have covered one point of sovereignty which ought never to be yielded—the power to send American soldiers and sailors everywhere, which ought never to be taken from the American people or impaired in the slightest degree. Let us beware how we palter with our independence. We have not reached the great position from which we were able to come down into the field of battle and help to save the world from tyranny by being guided by others. Our vast power has all been built up and gathered together by ourselves alone. We forced our way upward from the days of the Revolution, through a world often hostile and always indifferent. We owe no debt to anyone except to France in that Revolution, and those policies and those rights on which our power has been founded should never be lessened or weakened. It will be no service to the world to do so and it will be of intolerable injury to the United States. We will do our share. We are ready and anxious to help in all ways to preserve the world’s peace. But we can do it best by not crippling ourselves.
I am as anxious as any human being can be to have the United States render every possible service to the civilization and the peace of mankind, but I am certain we can do it best by not putting ourselves in leading strings or subjecting our policies and our sovereignty to other nations. The independence of the United States is not only more precious to ourselves but to the world than any single possession. Look at the United States to-day. We have made mistakes in the past. We have had shortcomings. We shall make mistakes in the future and fall short of our own best hopes. But none the less is there any country to-day on the face of the earth which can compare with this in ordered liberty, in peace, and in the largest freedom? I feel that I can say this without being accused of undue boastfulness, for it is the simple fact, and in making this treaty and taking on these obligations all that we do is in a spirit of unselfishness and in a desire for the good of mankind. But it is well to remember that we are dealing with nations every one of which has a direct individual interest to serve, and there is grave danger in an unshared idealism. Contrast the United States with any country on the face of the earth to-day and ask yourself whether the situation of the United States is not the best to be found. I will go as far as anyone in world service, but the first step to world service is the maintenance of the United States. You may call me selfish, if you will, conservative or reactionary, or use any other harsh adjective you see fit to apply, but an American I was born, an American I have remained all my life. I can never be anything else but an American, and I must think of the United States first, and when I think of the United States first in an arrangement like this I am thinking of what is best for the world, for if the United States falls the best hopes of mankind fall with it. I have never had but one allegiance—I can not divide it now. I have loved but one flag and I can not share that devotion and give affection to the mongrel banner invented for a league. Internationalism, illustrated by the Bolshevik and by the men to whom all countries are alike provided they can make money out of them, is to me repulsive. National I must remain, and in that way I like all other Americans can render the amplest service to the world. The United States is the world’s best hope, but if you fetter her in the interests and quarrels of other nations, if you tangle her in the intrigues of Europe, you will destroy her power for good and endanger her very existence. Leave her to march freely through the centuries to come as in the years that have gone. Strong, generous, and confident, she has nobly served mankind. Beware how you trifle with your marvelous inheritance, this great land of ordered liberty, for if we stumble and fall freedom and civilization everywhere will go down in ruin.
We are told that we shall “break the heart of the world” if we do not take this league just as it stands. I fear that the hearts of the vast majority of mankind would beat on strongly and steadily and without any quickening if the league were to perish altogether. If it should be effectively and beneficently changed the people who would lie awake in sorrow for a single night could be easily gathered in one not very large room but those who would draw a long breath of relief would reach to millions.
We hear much of visions and I trust we shall continue to have visions and dream dreams of a fairer future for the race. But visions are one thing and visionaries are another, and the mechanical appliances of the rhetorician designed to give a picture of a present which does not exist and of a future which no man can predict are as unreal and short lived as the steam or canvas clouds, the angels suspended on wires and the artificial lights of the stage. They pass with the moment of effect and are shabby and tawdry in the daylight. Let us at least be real. Washington’s entire honesty of mind and his fearless look into the face of all facts are qualities which can never go out of fashion and which we should all do well to imitate.
Ideals have been thrust upon us as an argument for the league until the healthy mind which rejects cant revolts from them. Are ideals confined to this deformed experiment upon a noble purpose, tainted, as it is, with bargains and tied to a peace treaty which might have been disposed of long ago to the great benefit of the world if it had not been compelled to carry this rider on its back? “Post equitem sedet atra cura,” Horace tells us, but no blacker care ever sat behind any rider than we shall find in this covenant of doubtful and disputed interpretation as it now perches upon the treaty of peace.
No doubt many excellent and patriotic people see a coming fulfillment of noble ideals in the words “League for Peace.” We all respect and share these aspirations and desires, but some of us see no hope, but rather defeat, for them in this murky covenant. For we, too, have our ideals, even if we differ from those who have tried to establish a monopoly of idealism. Our first ideal is our country, and we see her in the future, as in the past, giving service to all her people and to the world. Our ideal of the future is that she should continue to render that service of her own free will. She has great problems of her own to solve, very grim and perilous problems, and a right solution, if we can attain to it, would largely benefit mankind. We would have our country strong to resist a peril from the West, as she has flung back the German menace from the East. We would not have our politics distracted and embittered by the dissensions of other lands. We would not have our country’s vigor exhausted, or her moral force abated, by everlasting meddling and muddling in every quarrel, great and small, which afflicts the world. Our ideal is to make her ever stronger and better and finer, because in that way alone, so we believe, can she be of the greatest service to the world’s peace and to the welfare of mankind. [Prolonged applause in the galleries.]
Named for its drafters, the American secretary of state, Frank B. Kellogg, and the French foreign minister, Aristide Briand, the Kellogg-Briand Pact began as a proposal by Briand for a treaty between the United States and France. The administration of President Calvin Coolidge responded to the idea, and to significant pressure from the American press and a variety of public and private organizations, by calling on nations around the world to join in a treaty banning war as an instrument of national policy. Coolidge’s successor, Herbert Hoover, signed the resulting pact. The U.S. Senate ratified the pact by an overwhelming margin but added two caveats: the United States would not renounce its right to self-defense, and it would not be bound to use military action to enforce the pact. Originally signed by fifteen nations, and eventually by sixty-two nations, it did not prevent the variety of military actions that culminated in World War II.
July 24, 1929
By the President of the United States of America
WHEREAS a Treaty between the President of the United States of America, the President of the German Reich, His Majesty the King of the Belgians, the President of the French Republic, His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Poland, and the President of the Czechoslovak Republic, providing for the renunciation of war as an instrument of national policy, was concluded and signed by their respective Plenipotentiaries at Paris on the twenty-seventh day of August, one thousand nine hundred and twenty-eight, the original of which Treaty, being in the English and French languages, is word for word as follows:
the president of the german reich, the president of the united states of america, his majesty the king of the belgians, the president of the french republic, his majesty the king of great britain, ireland and the british dominions beyond the seas, emperor of india, his majesty the king of italy, his majesty the emperor of japan, the president of the republic of poland, the president of the czechoslovak republic,
Deeply sensible of their solemn duty to promote the welfare of mankind;
Persuaded that the time has come when a frank renunciation of war as an instrument of national policy should be made to the end that the peaceful and friendly relations now existing between their peoples may be perpetuated;
Convinced that all changes in their relations with one another should be sought only by pacific means and be the result of a peaceful and orderly process, and that any signatory Power which shall hereafter seek to promote its national interests by resort to war should be denied the benefits furnished by this Treaty;
Hopeful that, encouraged by their example, all the other nations of the world will join in this humane endeavor and by adhering to the present Treaty as soon as it comes into force bring their peoples within the scope of its beneficent provisions, thus uniting the civilized nations of the world in a common renunciation of war as an instrument of their national policy;
Have decided to conclude a Treaty and for that purpose have appointed as their respective Plenipotentiaries:
THE PRESIDENT OF THE GERMAN REICH:
Dr Gustav Stresemann, Minister for Foreign Affairs;
THE PRESIDENT OF THE UNITED STATES OF AMERICA:
The Honorable Frank B. Kellogg, Secretary of State;
HIS MAJESTY THE KING OF THE BELGIANS:
Mr. Paul Hymans, Minister for Foreign Affairs, Minister of State;
THE PRESIDENT OF THE FRENCH REPUBLIC:
Mr. Aristide Briand, Minister for Foreign Affairs;
HIS MAJESTY THE KING OF GREAT BRITAIN, IRELAND AND THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:
For Great Britain and Northern Ireland and all parts of the British Empire which are not separate Members of the League of Nations:
The Right Honourable Lord Cushendun, Chancellor of the Duchy of Lancaster, Acting Secretary of State for Foreign Affairs;
For the Dominion of Canada:
The Right Honourable William Lyon Mackenzie King, Prime Minister and Minister for External Affairs;
For the Commonwealth of Australia:
The Honourable Alexander John McLachlan, Member of the Executive Federal Council;
For the Dominion of New Zealand:
The Honourable Sir Christopher James Parr, High Commissioner for New Zealand in Great Britain;
For the Union of South Africa:
The Honourable Jacobus Stephanus Smit, High Commissioner for the Union of South Africa in Great Britain;
For the Irish Free State:
Mr. William Thomas Cosgrave, President of the Executive Council;
The Right Honourable Lord Cushendun, Chancellor of the Duchy of Lancaster, Acting Secretary of State for Foreign Affairs;
HIS MAJESTY THE KING OF ITALY:
Count Gaetano Manzoni, his Ambassador Extraordinary and Plenipotentiary at Paris.
HIS MAJESTY THE EMPEROR OF JAPAN:
Count Uchida, Privy Councillor;
THE PRESIDENT OF THE REPUBLIC OF POLAND:
Mr. A. Zaleski, Minister for Foreign Affairs;
THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC:
Dr Eduard Benès, Minister for Foreign Affairs;
who, having communicated to one another their full powers found in good and due form have agreed upon the following articles:
The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another.
The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means.
The present Treaty shall be ratified by the High Contracting Parties named in the Preamble in accordance with their respective constitutional requirements, and shall take effect as between them as soon as all their several instruments of ratification shall have been deposited at Washington.
This Treaty shall, when it has come into effect as prescribed in the preceding paragraph, remain open as long as may be necessary for adherence by all the other Powers of the world. Every instrument evidencing the adherence of a Power shall be deposited at Washington and the Treaty shall immediately upon such deposit become effective as between the Power thus adhering and the other Powers parties hereto.
It shall be the duty of the Government of the United States to furnish each Government named in the Preamble and every Government subsequently adhering to this Treaty with a certified copy of the Treaty and of every instrument of ratification or adherence. It shall also be the duty of the Government of the United States telegraphically to notify such Governments immediately upon the deposit with it of each instrument of ratification or adherence.
IN FAITH WHEREOF the respective Plenipotentiaries have signed this Treaty in the French and English languages both texts having equal force, and hereunto affix their seals.
DONE at Paris, the twenty-seventh day of August in the year one thousand nine hundred and twenty-eight.
Certified to be a true copy of the signed original deposited with the Government of the United States of America.
Frank B. Kellogg
AND WHEREAS it is stipulated in the said Treaty that it shall take effect as between the High Contracting Parties as soon as all the several instruments of ratification shall have been deposited at Washington;
AND WHEREAS the said Treaty has been duly ratified on the parts of all the High Contracting Parties and their several instruments of ratification have been deposited with the Government of the United States of America, the last on July 24, 1929;
NOW, THEREFORE, be it known that I, Herbert Hoover, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.
DONE at the city of Washington this twenty-fourth day of July in the year of our Lord one thousand nine hundred and twenty-nine, and of the Independence of the United States of America the one hundred and fifty-fourth.
[seal] Herbert Hoover
Note by the Department of State Adhering Countries
When this Treaty became effective on July 24, 1929, the instruments of ratification of all of the signatory powers having been deposited at Washington, the following countries, having deposited instruments of definitive adherence, became parties to it:
Additional adhesions deposited subsequent to July 24, 1929.
Persia, July 2, 1929; Greece, August 3, 1929; Honduras, August 5, 1929; Chile, August 12, 1929; Luxemburg, August 14, 1929; Danzig, September 11, 1929; Costa Rica, October 1, 1929; Venezuela, October 24, 1929.
Japan was among the signatories to, and most flagrant violators of, the Kellogg-Briand Pact. Its continued military actions in China had brought condemnation by the League of Nations but little action. Among those refusing to act was the U.S. president Herbert Hoover, who, facing the Great Depression and a public clearly opposed to any intervention in the Far East, did not desire to risk inviting further aggression from Japan by taking a strong stand against its incursions in the region of China then called Manchuria. By 1932 Japan had secured control over the region and established Manchukuo—a separate state under a puppet government. Hoover’s secretary of state, Henry L. Stimson, sought to salvage America’s Open Door Policy regarding China through the note reproduced here, which was forwarded to both the Chinese and the Japanese governments. Stimson’s statement of America’s refusal to recognize changes brought about through violations of the Kellogg-Briand Pact was met by Japan with diplomatic demurrers and further military action in China. There was no substantive American response, until the eventual outbreak of World War II.
Note on Chinchow
January 7, 1932
With the recent military operations about Chinchow, the last remaining administrative authority of the Government of the Chinese Republic in South Manchuria, as it existed prior to September 18, 1931, has been destroyed. The American Government continues confident that the work of the neutral commission recently authorized by the Council of the League of Nations will facilitate an ultimate solution of the difficulties now existing between China and Japan. But in view of the present situation and of its own rights and obligations therein, the American Government deems it to be its duty to notify both the Government of the Chinese Republic and the Imperial Japanese Government that it can not admit the legality of any situation de facto nor does it intend to recognize any treaty or agreement entered into between those governments, or agents thereof, which may impair the treaty rights of the United States or its citizens in China, including those which relate to the sovereignty, the independence, or the territorial and administrative integrity of the Republic of China, or to the international policy relative to China, commonly known as the open-door policy; and that it does not intend to recognize any situation, treaty, or agreement which may be brought about by means contrary to the covenants and obligations of the Pact of Paris of August 27, 1928, to which treaty both China and Japan, as well as the United States, are parties.
Most famous for being the first to successfully fly solo and nonstop across the Atlantic, Charles Lindbergh (1902-74) was also a leader in the movement to prevent the United States from entering World War II. Touring the country on behalf of the America First Committee, a group committed to American neutrality in the war going on in Europe, Lindbergh argued that Roosevelt administration policies intended to assist the British and their allies in fighting Nazi Germany went against traditional American policies rooted in the Monroe Doctrine. Lindbergh and the America First Committee were accused of anti-Semitism and pro-Nazi sympathies. The committee disbanded after the Japanese attack on Pearl Harbor. Rebuffed in his attempts to rejoin the American air force, Lindbergh traveled to the Pacific theater as an observer and ended up flying a number of combat missions.
Neutrality and War
October 13, 1939
Tonight, I speak again to the people of this country who are opposed to the United States entering the war which is now going on in Europe. We are faced with the need of deciding on a policy of American neutrality. The future of our nation and of our civilization rests upon the wisdom and foresight we use. Much as peace is to be desired, we should realize that behind a successful policy of neutrality must stand a policy of war. It is essential to define clearly those principles and circumstances for which a nation will fight. Let us give no one the impression that America’s love for peace means that she is afraid of war, or that we are not fully capable and willing to defend all that is vital to us. National life and influence depend upon national strength, both in character and in arms. A neutrality built on pacifism alone will eventually fail.
Before we can intelligently enact regulations for the control of our armaments, our credit, and our ships, we must draw a sharp dividing line between neutrality and war; there must be no gradual encroachment on the defenses of our nation. Up to this line we may adjust our affairs to gain the advantages of peace, but beyond it must lie all the armed might of America, coiled in readiness to spring if once this bond is cut. Let us make clear to all countries where this line lies. It must be both within our intent and our capabilities. There must be no question of trading or bluff in this hemisphere. Let us give no promises we cannot keep—make no meaningless assurances to an Ethiopia, a Czechoslovakia, or a Poland. The policy we decide upon should be as clear cut as our shorelines, and as easily defended as our continent.
This western hemisphere is our domain. It is our right to trade freely within it. From Alaska to Labrador, from the Hawaiian Islands to Bermuda, from Canada to South America, we must allow no invading army to set foot. These are the outposts of the United States. They form the essential outline of our geographical defense. We must be ready to wage war with all the resources of our nation if they are ever seriously threatened. Their defense is the mission of our army, our navy, and our air corps—the minimum requirement of our military strength. Around these places should lie our line between neutrality and war. Let there be no compromise about our right to defend or trade within this area. If it is challenged by any nation, the answer must be war. Our policy of neutrality should have this as its foundation.
We must protect our sister American nations from foreign invasion, both for their welfare and our own. But, in turn, they have a duty to us. They should not place us in the position of having to defend them in America while they engage in wars abroad. Can we rightfully permit any country in America to give bases to foreign warships, or to send its army abroad to fight while it remains secure in our protection at home? We desire the utmost friendship with the people of Canada. If their country is ever attacked, our Navy will be defending their seas, our soldiers will fight on their battlefields, our fliers will die in their skies. But have they the right to draw this hemisphere into a European war simply because they prefer the Crown of England to American independence?
Sooner or later we must demand the freedom of this continent and its surrounding islands from the dictates of European power. American history clearly indicates this need. As long as European powers maintain their influence in our hemisphere, we are likely to find ourselves involved in their troubles. And they will lose no opportunity to involve us.
Our Congress is now assembled to decide upon the best policy for this country to maintain during the war which is going on in Europe. The legislation under discussion involves three major issues—the embargo of arms, the restriction of shipping, and the allowance of credit. The action we take in regard to these issues will be an important indication to ourselves, and to the nations of Europe, whether or not we are likely to enter the conflict eventually as we did in the last war. The entire world is watching us. The action we take in America may either stop or precipitate this war.
Let us take up these issues, one at a time, and examine them. First, the embargo of arms: It is argued that the repeal of this embargo would assist democracy in Europe, that it would let us make a profit for ourselves from the sale of munitions abroad, and, at the same time, help to build up our own arms industry.
I do not believe that repealing the arms embargo would assist democracy in Europe because I do not believe this is a war for democracy. This is a war over the balance of power in Europe—a war brought about by the desire for strength on the part of Germany and the fear of strength on the part of England and France. The more munitions the armies obtain, the longer the war goes on, and the more devastated Europe becomes, the less hope there is for democracy. That is a lesson we should have learned from our participation in the last war. If democratic principles had been applied in Europe after that war, if the “democracies” of Europe had been willing to make some sacrifice to help democracy in Europe while it was fighting for its life, if England and France had offered a hand to the struggling republic of Germany, there would be no war today.
If we repeal the arms embargo with the idea of assisting one of the warring sides to overcome the other, then why mislead ourselves by talk of neutrality? Those who advance this argument should admit openly that repeal is a step toward war. The next step would be the extension of credit, and the next step would be the sending of American troops.
To those who argue that we could make a profit and build up our own industry by selling munitions abroad, I reply that we in America have not yet reached a point where we wish to capitalize on the destruction and death of war. I do not believe that the material welfare of this country needs, or that our spiritual welfare could withstand, such a policy. If our industry depends upon a commerce of arms for its strength, then our industrial system should be changed.
It is impossible for me to understand how America can contribute to civilization and humanity by sending offensive instruments of destruction to European battlefields. This would not only implicate us in the war, but it would make us partly responsible for its devastation. The fallacy of helping to defend a political ideology, even though it be somewhat similar to our own, was clearly demonstrated to us in the last war. Through our help that war was own, but neither the democracy nor the justice for which we fought grew in the peace that followed our victory.
Our bond with Europe is a bond of race and not of political ideology. We had to fight a European army to establish democracy in this country. It is the European race we must preserve; political progress will follow. Racial strength is vital—politics, a luxury. If the white race is ever seriously threatened, it may then be time for us to take our part in its protection, to fight side by side with the English, French, and Germans, but not with one against the other for our mutual destruction.
Let us not dissipate our strength, or help Europe to dissipate hers, in these wars of politics and possession. For the benefit of western civilization, we should continue our embargo on offensive armaments. As far as purely defensive arms are concerned, I, for one, am in favor of supplying European countries with as much as we can spare of the material that falls within this category. There are technicians who will argue that offensive and defensive arms cannot be separated completely. That is true, but it is no more difficult to make a list of defensive weapons than it is to separate munitions of war from semi-manufactured articles, and we are faced with that problem today. No one says that we should sell opium because it is difficult to make a list of narcotics. I would as soon see our country traffic in opium as in bombs. There are certain borderline cases, but there are plenty of clear cut examples: for instance, the bombing plane and the anti-aircraft cannon. I do not want to see American bombers dropping bombs which will kill and mutilate European children, even if they are not flown by American pilots. But I am perfectly willing to see American anti-aircraft guns shooting American shells at invading bombers over any European country. And I believe that most of you who are listening tonight will agree with me.
The second major issue for which we must create a policy concerns the restrictions to be placed on our shipping. Naval blockades have long been accepted as an element of warfare. They began on the surface of the sea, followed the submarine beneath it, and now reach up into the sky with aircraft. The laws and customs which were developed during the surface era were not satisfactory to the submarine. Now, aircraft bring up new and unknown factors for consideration. It is simple enough for a battleship to identify the merchantman she captures. It is a more difficult problem for a submarine if that merchantman may carry cannon; it is safer to fire a torpedo than to come up and ask. For bombing planes flying at high altitudes and through conditions of poor visibility, identification of a surface vessel will be more difficult still.
In modern naval blockades and warfare, torpedoes will be fired and bombs dropped on probabilities rather than on certainties of identification. The only safe course for neutral shipping at this time is to stay away from the warring countries and dangerous waters of Europe.
The third issue to be decided relates to the extension of credit. Here again we may draw from our experience in the last war. After that war was over, we found ourselves in the position of having financed a large portion of the expenditures of European countries. And when the time came to pay us back, these countries simply refused to do so. They not only refused to pay the wartime loans we made, but they refused to pay back what we loaned them after the war was over. As is so frequently the case, we found that loaning money eventually created animosity instead of gratitude. European countries felt insulted when we asked to be repaid. They called us “Uncle Shylock.” They were horror struck at the idea of turning over to us any of their islands in America to compensate for their debts, or for our help in winning their war. They seized all the German colonies and carved up Europe to suit their fancy. These were the “fruits of war.” They took our money and they took our soldiers. But there was not the offer of one Caribbean island in return for the debts they “could not afford to pay.”
The extension of credit to a belligerent country is a long step toward war, and it would leave us close to the edge. If American industry loans money to a belligerent country, many interests will feel that it is more important for that country to win than for our own to avoid the war. It is unfortunate but true that there are interests in America who would rather lose American lives than their own dollars. We should give them no opportunity.
I believe that we should adopt as our program of American neutrality—as our contribution to western civilization—the following policy:
1. An embargo on offensive weapons and munitions.
2. The unrestricted sale of purely defensive armaments.
3. The prohibition of American shipping from the belligerent countries of Europe and their danger zones.
4. The refusal of credit to belligerent nations or their agents.
Whether or not this program is adopted depends upon the support of those of us who believe in it. The United States of America is a democracy. The policy of our country is still controlled by our people. It is time for us to take action. There has never been a greater test for the democratic principle of government.
Officially neutral until the Japanese attack on Pearl Harbor, the Roosevelt administration, and with it the United States, became increasingly open in its support of the British and other Allied forces as the war with Germany and Japan went on. The Lend-Lease Act of March 11, 1941, had authorized the president to give war materials to Allied nations in exchange for rights to use various military bases, and FDR had taken full advantage of that authority. After Germany attacked the Soviet Union in June of 1941, the United States and Britain invited the Soviets to join in working out a plan for postwar Europe. The Soviets initially refused, and the plan was formulated by FDR and British prime minister Winston Churchill. Eventually agreed to by the Soviets, along with various national forces allied against Germany, the Atlantic Charter eschewed territorial expansion in favor of popular self-determination, disarmament, free trade, and efforts at social and economic improvement.
The Atlantic Charter
DECLARATION OF PRINCIPLES, KNOWN AS THE ATLANTIC CHARTER, BY THE PRESIDENT OF THE UNITED STATES OF AMERICA AND THE PRIME MINISTER OF THE UNITED KINGDOM, AUGUST 14, 1941
Joint declaration of the President of the United States of America and the Prime Minister, Mr. Churchill, representing His Majesty’s Government in the United Kingdom, being met together, deem it right to make known certain common principles in the national policies of their respective countries on which they base their hopes for a better future for the world.
First, their countries seek no aggrandizement, territorial or other;
Second, they desire to see to territorial changes that do not accord with the freely expressed wishes of the peoples concerned;
Third, they respect the right of all peoples to choose the form of government under which they will live; and they wish to see sovereign rights and self-government restored to those who have been forcibly deprived of them;
Fourth, they will endeavor, with due respect for their existing obligations, to further the enjoyment by all States, great or small, victor or vanquished, of access, on equal terms, to the trade and to the raw materials of the world which are needed for their economic prosperity;
Fifth, they desire to bring about the fullest collaboration between all nations in the economic field with the object of securing, for all, improved labor standards, economic advancement and social security;
Sixth, after the final destruction of the Nazi tyranny, they hope to see established a peace which will afford to all nations the means of dwelling in safety within their own boundaries, and which will afford assurance that all the men in all the lands may live out their lives in freedom from fear and want;
Seventh, such a peace should enable all men to traverse the high seas and oceans without hindrance;
Eighth, they believe that all of the nations of the world, for realistic as well as spiritual reasons must come to the abandonment of the use of force. Since no future peace can be maintained if land, sea or air armaments continue to be employed by nations which threaten, or may threaten, aggression outside of their frontiers, they believe, pending the establishment of a wider and permanent system of general security, that the disarmament of such nations is essential. They will likewise aid and encourage all other practicable measures which will lighten for peace-loving peoples the crushing burden of armaments.
DECLARATION BY UNITED NATIONS:
A JOINT DECLARATION BY THE UNITED STATES OF AMERICA, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE UNION OF SOVIET SOCIALIST REPUBLICS, CHINA, AUSTRALIA, BELGIUM, CANADA, COSTA RICA, CUBA, CZECHOSLOVAKIA, DOMINICAN REPUBLIC, EL SALVADOR, GREECE, GUATEMALA, HAITI, HONDURAS, INDIA, LUXEMBOURG, NETHERLANDS, NEW ZEALAND, NICARAGUA, NORWAY, PANAMA, POLAND, SOUTH AFRICA, YUGOSLAVIA.
The Governments signatory hereto,
Having subscribed to a common program of purposes and principles embodied in the Joint Declaration of the President of the United States of America and the Prime Minister of the United Kingdom of Great Britain and Northern Ireland dated August 14, 1941, known as the Atlantic Charter
Being convinced that complete victory over their enemies is essential to defend life, liberty, independence and religious freedom, and to preserve human rights and justice in their own lands as well as in other lands, and that they are now engaged in a common struggle against savage and brutal forces seeking to subjugate the world, DECLARE:
(1) Each Government pledges itself to employ its full resources, military or economic, against those members of the Tripartite Pact and its adherents with which such government is at war.
(2) Each Government pledges itself to cooperate with the Governments signatory hereto and not to make a separate armistice or peace with the enemies.
The foregoing declaration may be adhered to by other nations which are, or which may be, rendering material assistance and contributions in the struggle for victory over Hitlerism.
Done at Washington
The United States of America by Franklin D Roosevelt
The United Kingdom of Great Britain & Northern Ireland by Winston S. Churchill
On behalf of the Government of the Union of Soviet Socialist Republics Maxim LitvinoffAmbassador
National Government of the Republic of China Tse Vung SoongMinister for Foreign Affairs
The Commonwealth of Australia by R. G. Casey.
The Kingdom of Belgium by Ctc. R. v. Straten
Canada by Leighton McCarthy
The Republic of Costa Rica by Luis Fernández
The Republic of Cuba by Aurelio F. Concheso.
Czechoslovak Republic by V. S. Hurban
The Dominican Republic by J M Troncoso
The Republic of El Salvador by C A Alfaro—
The Kingdom of Greece by Cimon G. Diamantopoulos.
The Republic of Guatemala by:—Enrique Lopez Herrarte.
La Republique d’Haïti par Fernand Dennis.
The Republic of Honduras by Julián R. Cáceres
India by Girja Shankar Bajpai.
The Grand Duchy of Luxembourg by Hugues le Gallais
The Kingdom of the Netherlands A. Loudon
Signed on behalf of the Govt of the Dominion of New Zealand by Frank Langstone
The Republic of Nicaragua by León De Bayle
The Kingdom of Norway by W. Munthe Morgenstierne
The Republic of Panamá by Jaén Guardia
The Republic of Poland by Jan Ciechanowski
The Union of South Africa by Ralph W. Close
The Kingdom of Yugoslavia by Constantin A. Fotitch
Delivered as his annual message to Congress, FDR’s Four Freedoms speech set forth his argument for America to undertake increased preparations for war and support for British and other forces opposing Nazi Germany. He further argued for defense of four freedoms, which involved liberating people from restrictions on speech and religious worship and freeing them from poverty and fear of war and oppression. All were to be provided not just in the United States but around the world. It was not, however, the Nazi government in Germany but the Japanese navy that finally brought war, through its attack on American forces in Pearl Harbor. Soon after, on December 11, 1941, Germany declared war on the United States. The United States responded with a formal declaration of war against Germany on the same day.
The Four Freedoms
January 6, 1941
Address of the President of the United States
Mr. President, Mr. Speaker, Members of the Seventy-seventh Congress, I address you, the Members of the Seventy-seventh Congress, at a moment unprecedented in the history of the Union. I use the word “unprecedented,” because at no previous time has American security been as seriously threatened from without as it is today.
Since the permanent formation of our Government under the Constitution, in 1789, most of the periods of crises in our history have related to our domestic affairs. Fortunately, only one of these—the 4-year War between the States—ever threatened our national unity. Today, thank God, 130,000,000 Americans, in 48 States, have forgotten points of the compass in our national unity.
It is true that prior to 1914 the United States often had been disturbed by events in other continents. We had even engaged in two wars with European nations and in a number of undeclared wars in the West Indies, in the Mediterranean, and in the Pacific for the maintenance of American rights and for the principles of peaceful commerce. In no case, however, had a serious threat been raised against our national safety or our independence.
What I seek to convey is the historic truth that the United States, as a nation, has at all times maintained opposition to any attempt to lock us in behind an ancient Chinese wall while the procession of civilization went past. Today, thinking of our children and their children, we oppose enforced isolation for ourselves or for any part of the Americas.
That determination of ours was proved, for example, during the quarter century of wars following the French Revolution.
While the Napoleonic struggles did threaten interests of the United States because of the French foothold in the West Indies and in Louisiana, and while we engaged in the War of 1812 to vindicate our right to peaceful trade, it is, nevertheless, clear that neither France nor Great Britain nor any other nation was aiming at domination of the whole world.
In like fashion, from 1815 to 1914—99 years—no single war in Europe or in Asia constituted a real threat against our future or against the future of any other American nation.
Except in the Maximilian interlude in Mexico, no foreign power sought to establish itself in this hemisphere, and the strength of the British Fleet in the Atlantic has been a friendly strength. It is still a friendly strength.
Even when the World War broke out in 1914 it seemed to contain only small threat of danger to our own American future. But as time went on the American people began to visualize what the downfall of democratic nations might mean to our own democracy.
We need not overemphasize imperfections in the peace of Versailles. We need not harp on failure of the democracies to deal with problems of world reconstruction. We should remember that the peace of 1919 was far less unjust than the kind of “pacification” which began even before Munich and which is being carried on under the new order of tyranny that seeks to spread over every continent today. The American people have unalterably set their faces against that tyranny.
Every realist knows that the democratic way of life is at this moment being directly assailed in every part of the world—assailed either by arms or by secret spreading of poisonous propaganda by those who seek to destroy unity and promote discord in nations still at peace.
During 16 months this assault has blotted out the whole pattern of democratic life in an appalling number of independent nations, great and small. The assailants are still on the march, threatening other nations, great and small.
Therefore, as your President, performing my constitutional duty to “give to the Congress information of the state of the Union,” I find it necessary to report that the future and the safety of our country and of our democracy are overwhelmingly involved in events far beyond our borders.
Armed defense of democratic existence is now being gallantly waged in four continents. If that defense fails, all the population and all the resources of Europe, Asia, Africa, and Australasia will be dominated by the conquerors. The total of those populations and their resources greatly exceeds the sum total of the population and resources of the whole of the Western Hemisphere—many times over.
In times like these it is immature—and incidentally untrue—for anybody to brag that an unprepared America, single-handed, and with one hand tied behind its back, can hold off the whole world.
No realistic American can expect from a dictator’s peace international generosity, or return of true independence, or world disarmament, or freedom of expression, or freedom of religion—or even good business.
Such a peace would bring no security for us or for our neighbors. “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”
As a Nation we may take pride in the fact that we are softhearted; but we cannot afford to be soft-headed.
We must always be wary of those who, with sounding brass and a tinkling cymbal, preach the “ism” of appeasement.
We must especially beware of that small group of selfish men who would clip the wings of the American eagle in order to feather their own nests.
I have recently pointed out how quickly the tempo of modern warfare could bring into our very midst the physical attack which we must expect if the dictator nations win this war.
There is much loose talk of our immunity from immediate and direct invasion from across the seas. Obviously, as long as the British Navy retains its power, no such danger exists. Even if there were no British Navy, it is not probable that any enemy would be stupid enough to attack us by landing troops in the United States from across thousands of miles of ocean, until it had acquired strategic bases from which to operate.
But we learn much from the lessons of the past years in Europe—particularly the lesson of Norway, whose essential seaports were captured by treachery and surprise built up over a series of years.
The first phase of the invasion of this hemisphere would not be the landing of regular troops. The necessary strategic points would be occupied by secret agents and their dupes, and great numbers of them are already here, and in Latin America.
As long as the aggressor nations maintain the offensive, they, not we, will choose the time and the place and the method of their attack.
That is why the future of all American republics is today in serious danger.
That is why this annual message to the Congress is unique in our history.
That is why every member of the executive branch of the Government and every Member of the Congress face great responsibility—and great accountability.
The need of the moment is that our actions and our policy should be devoted primarily—almost exclusively—to meeting this foreign peril. For all our domestic problems are now a part of the great emergency.
Just as our national policy in internal affairs has been based upon a decent respect for the rights and dignity of all our fellow-men within our gates, so our national policy in foreign affairs has been based on a decent respect for the rights and dignity of all nations, large and small. And the justice of morality must and will win in the end.
Our national policy is this:
First, by an impressive expression of the public will and without regard to partisanship, we are committed to all-inclusive national defense.
Second, by an impressive expression of the public will and without regard to partisanship, we are committed to full support of all those resolute peoples, everywhere, who are resisting aggression and are thereby keeping war away from our hemisphere. By this support, we express our determination that the democratic cause shall prevail, and we strengthen the defense and security of our own Nation.
Third, by an impressive expression of the public will and without regard to partisanship, we are committed to the proposition that principles of morality and considerations for our own security will never permit us to acquiesce in a peace dictated by aggressors and sponsored by appeasers. We know that enduring peace cannot be bought at the cost of other people’s freedom.
In the recent national election there was no substantial difference between the two great parties in respect to that national policy. No issue was fought out on this line before the American electorate. Today it is abundantly evident that American citizens everywhere are demanding and supporting speedy and complete action in recognition of obvious danger.
Therefore, the immediate need is a swift and driving increase in our armament production.
Leaders of industry and labor have responded to our summons. Goals of speed have been set. In some cases these goals are being reached ahead of time; in some cases we are on schedule; in other cases there are slight but not serious delays; and in some cases—and I am sorry to say very important cases—we are all concerned by the slowness of the accomplishment of our plans.
The Army and Navy, however, have made substantial progress during the past year. Actual experience is improving and speeding up our methods of production with every passing day. And today’s best is not good enough for tomorrow.
I am not satisfied with the progress thus far made. The men in charge of the program represent the best in training, ability, and patriotism. They are not satisfied with the progress thus far made. None of us will be satisfied until the job is done.
No matter whether the original goal was set too high or too low, our objective is quicker and better results.
To give two illustrations:
We are behind schedule in turning out finished airplanes; we are working day and night to solve the innumerable problems and to catch up.
We are ahead of schedule in building warships; but we are working to get even further ahead of schedule.
To change a whole nation from a basis of peacetime production of implements of peace to a basis of wartime production of implements of war is no small task. And the greatest difficulty comes at the beginning of the program, when new tools and plant facilities and new assembly lines and shipways must first be constructed before the actual material begins to flow steadily and speedily from them.
The Congress, of course, must rightly keep itself informed at all times of the progress of the program. However, there is certain information, as the Congress itself will readily recognize, which, in the interests of our own security and those of the nations we are supporting must of needs be kept in confidence.
New circumstances are constantly begetting new needs for our safety. I shall ask this Congress for greatly increased new appropriations and authorizations to carry on what we have begun.
I also ask this Congress for authority and for funds sufficient to manufacture additional munitions and war supplies of many kinds, to be turned over to those nations which are now in actual war with aggressor nations.
Our most useful and immediate role is to act as an arsenal for them as well as for ourselves. They do not need manpower. They do need billions of dollars’ worth of the weapons of defense.
The time is near when they will not be able to pay for them in ready cash. We cannot, and will not, tell them they must surrender merely because of present inability to pay for the weapons which we know they must have.
I do not recommend that we make them a loan of dollars with which to pay for these weapons—a loan to be repaid in dollars.
I recommend that we make it possible for those nations to continue to obtain war materials in the United States, fitting their orders into our own program. Nearly all of their material would, if the time ever came, be useful for our own defense.
Taking counsel of expert military and naval authorities, considering what is best for our own security, we are free to decide how much should be kept here and how much should be sent abroad to our friends who, by their determined and heroic resistance, are giving us time in which to make ready our own defense.
For what we send abroad we shall be repaid, within a reasonable time following the close of hostilities, in similar materials or, at our option, in other goods of many kinds which they can produce and which we need.
Let us say to the democracies, “We Americans are vitally concerned in your defense of freedom. We are putting forth our energies, our resources, and our organizing powers to give you the strength to regain and maintain a free world. We shall send you, in ever-increasing numbers, ships, planes, tanks, guns. This is our purpose and our pledge.”
In fulfillment of this purpose we will not be intimidated by the threats of dictators that they will regard as a breach of international law and as an act of war our aid to the democracies which dare to resist their aggression. Such aid is not an act of war, even if a dictator should unilaterally proclaim it so to be.
When the dictators are ready to make war upon us, they will not wait for an act of war on our part. They did not wait for Norway or Belgium or the Netherlands to commit an act of war.
Their only interest is in a new one-way international law, which lacks mutuality in its observance and, therefore, becomes an instrument of oppression.
The happiness of future generations of Americans may well depend upon how effective and how immediate we can make our aid felt. No one can tell the exact character of the emergency situations that we may be called upon to meet. The Nation’s hands must not be tied when the Nation’s life is in danger.
We must all prepare to make the sacrifices that the emergency—as serious as war itself—demands. Whatever stands in the way of speed and efficiency in defense preparations must give way to the national need.
A free nation has the right to expect full cooperation from all groups. A free nation has the right to look to the leaders of business, of labor, and of agriculture to take the lead in stimulating effort, not among other groups but within their own groups.
The best way of dealing with the few slackers or trouble makers in our midst is, first, to shame them by patriotic example; and if that fails, to use the sovereignty of government to save government.
As men do not live by bread alone, they do not fight by armaments alone. Those who man our defenses, and those behind them who build our defenses, must have the stamina and courage which come from an unshakable belief in the manner of life which they are defending. The mighty action which we are calling for cannot be based on a disregard of all things worth fighting for.
The Nation takes great satisfaction and much strength from the things which have been done to make its people conscious of their individual stake in the preservation of democratic life in America. Those things have toughened the fiber of our people, have renewed their faith and strengthened their devotion to the institutions we make ready to protect.
Certainly this is no time to stop thinking about the social and economic problems which are the root cause of the social revolution which is today a supreme factor in the world.
There is nothing mysterious about the foundations of a healthy and strong democracy. The basic things expected by our people of their political and economic systems are simple. They are:
The enjoyment of the fruits of scientific progress in a wider and constantly rising standard of living.
These are the simple and basic things that must never be lost sight of in the turmoil and unbelievable complexity of our modern world. The inner and abiding strength of our economic and political systems is dependent upon the degree to which they fulfill these expectations.
Many subjects connected with our social economy call for immediate improvement.
We should bring more citizens under the coverage of oldage pensions and unemployment insurance.
We should widen the opportunities for adequate medical care.
We should plan a better system by which persons deserving or needing gainful employment may obtain it.
I have called for personal sacrifice. I am assured of the willingness of almost all Americans to respond to that call.
A part of the sacrifice means the payment of more money in taxes. In my Budget message I recommend that a greater portion of this great defense program be paid for from taxation than we are paying today. No person should try, or be allowed, to get rich out of this program; and the principle of tax payments in accordance with ability to pay should be constantly before our eyes to guide our legislation.
If the Congress maintains these principles, the voters, putting patriotism ahead of pocketbooks, will give you their applause.
In the future days, which we seek to make secure, we look forward to a world founded upon four essential human freedoms.
The first is freedom of speech and expression everywhere in the world.
The second is freedom of every person to worship God in his own way everywhere in the world.
The third is freedom from want, which, translated into world terms, means economic understandings which will secure to every nation a healthy peacetime life for its inhabitants everywhere in the world.
The fourth is freedom from fear—which, translated into world terms, means a world-wide reduction of armaments to such a point and in such a thorough fashion that no nation will be in a position to commit an act of physical aggression against any neighbor—anywhere in the world.
That is no vision of a distant millennium. It is a definite basis for a kind of world attainable in our own time and generation. That kind of world is the very antithesis of the so-called new order of tyranny which the dictators seek to create with the crash of a bomb.
To that new order we oppose the greater conception—the moral order. A good society is able to face schemes of world domination and foreign revolutions alike without fear.
Since the beginning of our American history we have been engaged in change—in a perpetual peaceful revolution—a revolution which goes on steadily, quietly adjusting itself to changing conditions—without the concentration camp or the quicklime in the ditch. The world order which we seek is the cooperation of free countries, working together in a friendly, civilized society.
This Nation has placed its destiny in the hands and heads and hearts of its millions of free men and women; and its faith in freedom under the guidance of God. Freedom means the supremacy of human rights everywhere. Our support goes to those who struggle to gain those rights or keep them. Our strength is in our unity of purpose.
To that high concept there can be no end save victory.
Pearl Harbor Speech
December 8, 1941
To the Congress of the United States:
Yesterday, December 7, 1941—a date which will live in infamy—the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan.
The United States was at peace with that nation and, at the solicitation of Japan, was still in conversation with its Government and its Emperor looking toward the maintenance of peace in the Pacific. Indeed, 1 hour after Japanese air squadrons had commenced bombing in Oahu, the Japanese Ambassador to the United States and his colleague delivered to the Secretary of State a formal reply to a recent American message. While this reply stated that it seemed useless to continue the existing diplomatic negotiations, it contained no threat or hint of war or armed attack.
It will be recorded that the distance of Hawaii from Japan makes it obvious that the attack was deliberately planned many days or even weeks ago. During the intervening time the Japanese Government has deliberately sought to deceive the United States by false statements and expressions of hope for continued peace.
The attack yesterday on the Hawaiian Islands has caused severe damage to American naval and military forces. Very many American lives have been lost. In addition American ships have been reported torpedoed on the high seas between San Francisco and Honolulu.
Yesterday the Japanese Government also launched an attack against Malaya.
Last night Japanese forces attacked Hong Kong.
Last night Japanese forces attacked Guam.
Last night Japanese forces attacked the Philippine Islands.
Last night the Japanese attacked Wake Island.
This morning the Japanese attacked Midway Island.
Japan has, therefore, undertaken a surprise offensive extending throughout the Pacific area. The facts of yesterday speak for themselves. The people of the United States have already formed their opinions and well understand the implications to the very life and safety of our Nation.
As Commander in Chief of the Army and Navy I have directed that all measures be taken for our defense.
Always will we remember the character of the onslaught against us.
No matter how long it may take us to overcome this premeditated invasion, the American people, in their righteous might, will win through to absolute victory.
I believe I interpret the will of the Congress and of the people when I assert that we will not only defend ourselves to the uttermost but will make very certain that this form of treachery shall never endanger us again.
Hostilities exist. There is no blinking at the fact that our people, our territory, and our interests are in grave danger.
With confidence in our armed forces—with the unbounded determination of our people—we will gain the inevitable triumph—so help us God.
I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7, a state of war has existed between the United States and the Japanese Empire.
Franklin D. Roosevelt.
The White House,December 8, 1941.
In addition to The Congressional Record and its antecedents, and federal statutes available in Statutes at Large, the following sources were used in preparing selections reproduced in this volume. Selection titles, where not self-evident, are given after their sources.
This book is set in Adobe Garamond, a modern adaptation by Robert Slimbach of the typeface originally cut around 1540 by the French typographer and printer Claude Garamond. The Garamond face, with its small lowercase height and restrained contrast between thick and thin strokes, is a classic “old-style” face and has long been one of the most influential and widely used typefaces.
This book is printed on paper that is acid-free and meets the requirements of the American National Standard for Permanence of Paper for Printed Library Materials, z39.48-1992. (archival)
Book design by Sandra Hudson, Watkinsville, Georgia, adapted by Barbara Williams, BW&A Books, Inc., Durham, North Carolina
Typography by Newgen North America
Printed and bound by Edwards Brothers, Inc., Ann Arbor, Michigan