I
THE WAY TO CONCRETE REALIZATION
More and more frequently does one hear this phrase, The League of Nations, used to express the outline idea of the new world that will come out of the war. There can be no doubt that the phrase has taken hold of the imaginations of great multitudes of people: it is one of those creative phrases that may alter the whole destiny of mankind. But as yet it is still a very vague phrase, a cloudy promise of peace. I make no apology therefore, for casting my discussion of it in the most general terms. The idea is the idea of united human effort to put an end to wars; the first practical question, that must precede all others, is how far can we hope to get to a concrete realization of that?
But first let me note the fourth word in the second title of this book. The common talk is of a "League of Nations" merely. I follow the man who is, more than any other man, the leader of English political thought throughout the world to-day, President Wilson, in inserting that significant adjective "Free." We western allies know to-day what is involved in making bargains with governments that do not stand for their peoples; we have had all our Russian deal, for example, repudiated and thrust back upon our hands; and it is clearly in his mind, as it must be in the minds of all reasonable men, that no mere "scrap of paper," with just a monarch's or a chancellor's endorsement, is a good enough earnest of fellowship in the league. It cannot be a diplomatist's league. The League of Nations, if it is to have any such effect as people seem to hope from it, must be, in the first place, "understanded of the people." It must be supported by sustained, deliberate explanation, and by teaching in school and church and press of the whole mass of all the peoples concerned. I underline the adjective "Free" here to set aside, once for all, any possible misconception that this modern idea of a League of Nations has any affinity to that Holy Alliance of the diplomatists, which set out to keep the peace of Europe so disastrously a century ago.
Later I will discuss the powers of the League. But before I come to that I would like to say a little about the more general question of its nature and authority. What sort of gathering will embody it? The suggestions made range from a mere advisory body, rather like the Hague convention, which will merely pronounce on the rights and wrongs of any international conflict, to the idea of a sort of Super-State, a Parliament of Mankind, a "Super National" Authority, practically taking over the sovereignty of the existing states and empires of the world. Most people's ideas of the League fall between these extremes. They want the League to be something more than an ethical court, they want a League that will act, but on the other hand they shrink from any loss of "our independence." There seems to be a conflict here. There is a real need for many people to tidy up their ideas at this point. We cannot have our cake and eat it. If association is worth while, there must be some sacrifice of freedom to association. As a very distinguished colonial representative said to me the other day: "Here we are talking of the freedom of small nations and the 'self-determination' of peoples, and at the same time of the Council of the League of Nations and all sorts of international controls. Which do we want?"
The answer, I think, is "Both." It is a matter of more or less, of getting the best thing at the cost of the second-best. We may want to relax an old association in order to make a newer and wider one. It is quite understandable that peoples aware of a distinctive national character and involved in some big existing political complex, should wish to disentangle themselves from one group of associations in order to enter more effectively into another, a greater, and more satisfactory one. The Finn or the Pole, who has hitherto been a rather reluctant member of the synthesis of the Russian empire, may well wish to end that attachment in order to become a free member of a worldwide brotherhood. The desire for free arrangement is not a desire for chaos. There is such a thing as untying your parcels in order to pack them better, and I do not see myself how we can possibly contemplate a great league of freedom and reason in the world without a considerable amount of such preliminary dissolution.
It happens, very fortunately for the world, that a century and a quarter ago thirteen various and very jealous states worked out the problem of a Union, and became—after an enormous, exhausting wrangle—the United States of America. Now the way they solved their riddle was by delegating and giving over jealously specified sovereign powers and doing all that was possible to retain the residuum. They remained essentially sovereign states. New York, Virginia, Massachusetts, for example, remained legally independent. The practical fusion of these peoples into one people outran the legal bargain. It was only after long years of discussion that the point was conceded; it was indeed only after the Civil War that the implications were fully established, that there resided a sovereignty in the American people as a whole, as distinguished from the peoples of the several states. This is a precedent that every one who talks about the League of Nations should bear in mind. These states set up a congress and president in Washington with strictly delegated powers. That congress and president they delegated to look after certain common interests, to deal with interstate trade, to deal with foreign powers, to maintain a supreme court of law. Everything else—education, militia, powers of life and death—the states retained for themselves. To this day, for instance, the federal courts and the federal officials have no power to interfere to protect the lives or property of aliens in any part of the union outside the district of Columbia. The state governments still see to that. The federal government has the legal right perhaps to intervene, but it is still chary of such intervention. And these states of the American Union were at the outset so independent-spirited that they would not even adopt a common name. To this day they have no common name. We have to call them Americans, which is a ridiculous name when we consider that Canada, Mexico, Peru, Brazil are all of them also in America. Or else we have to call them Virginians, Californians, New Englanders, and so forth. Their legal and nominal separateness weighs nothing against the real fusion that their great league has now made possible.
Now, that clearly is a precedent of the utmost value in our schemes for this council of the League of Nations. We must begin by delegating, as the States began by delegating. It is a far cry to the time when we shall talk and think of the Sovereign People of the Earth. That council of the League of Nations will be a tie as strong, we hope, but certainly not so close and multiplex as the early tie of the States at Washington. It will begin by having certain delegated powers and no others. It will be an "ad hoc" body. Later its powers may grow as mankind becomes accustomed to it. But at first it will have, directly or mediately, all the powers that seem necessary to restrain the world from war—and unless I know nothing of patriotic jealousies it will have not a scrap of power more. The danger is much more that its powers will be insufficient than that they will be excessive. Of that later. What I want to discuss here now is the constitution of this delegated body. I want to discuss that first in order to set aside out of the discussion certain fantastic notions that will otherwise get very seriously in our way. Fantastic as they are, they have played a large part in reducing the Hague Tribunal to an ineffective squeak amidst the thunders of this war.