“Any interference with a vessel on the high seas or with aircraft proceeding over the high seas, which interference is not affirmatively sanctioned by the law of nations shall be, for the purposes of this convention, considered an impairment of political independence.”

In considering the foregoing series of articles constituting a guaranty against one’s own acts, instead of a guaranty against the acts of another, it must be remembered that, at the time of their preparation, I had not seen a draft of the President’s proposed guaranty, though from conversations with Colonel House and from my study of Point XIV of “The Fourteen Points,” I knew that it was affirmative rather than negative in form and would require positive action to be effective in the event that the menace of superior force was insufficient to prevent aggressive acts.

As far as I am able to judge from subsequently acquired knowledge, President Wilson at the time he received my letter of December 23 had a typewritten draft of the document which after certain amendments he later laid before the American Commissioners and which he had printed with a few verbal changes under the title of “The Covenant.”  In order to understand the two forms of guaranty which he had for consideration after he received my letter, I quote the article relating to it, which appears in the first printed draft of the Covenant.

   III

“The Contracting Powers unite in guaranteeing to each other political independence and territorial integrity; but it is understood between them that such territorial readjustments, if any, as may in the future become necessary by reasons of changes in present racial conditions and aspirations or present social and political relationships, pursuant to the principle of self-determination, and also such territorial readjustments as may in the judgment of three fourths of the Delegates be demanded by the welfare and manifest interest of the people concerned, may be effected if agreeable to those peoples; and that territorial changes may involve material compensation.  The Contracting Powers accept without reservation the principle that the peace of the world is superior in importance to every question of political jurisdiction or boundary.”

It seems needless to comment upon the involved language and the uncertainty of meaning of this article wherein it provided for “territorial readjustments” of which there appeared to be two classes, one dependent on “self-determination,” the other on the judgment of the Body of Delegates of the League.  In view of the possible reasons which might be advanced for changes in territory and allegiance, justification for an appeal to the guarantors was by no means certain.  If this article had been before me when the letter of December 23 was written, I might have gone much further in opposition to the President’s plan for stabilizing peace in the world on the ground that a guaranty so conditioned would cause rather than prevent international discord.