Where the efforts of the Council lead to the settlement of the dispute, a statement shall be prepared for publication indicating the nature of the dispute and the terms of settlement, together with such explanations as may be appropriate. If the dispute has not been settled, a report by the Council shall be published, setting forth with all necessary facts and explanations the recommendations which the Council think just and proper for the settlement of the dispute. If the report is unanimously agreed to by the members of the Council, other than the parties to the dispute, the H. C. P. agree that none of them will go to war with any party which complies with its recommendations. If no such unanimous report can. be made, it shall be the duty of the majority to issue a statement indicating what they believe to be the facts and containing the recommendations which they consider to be just and proper.

The Executive Council may in any case under this Article refer the dispute to the Body of Delegates. The dispute shall be so referred at the request of either party to the dispute. In any case referred to the Body of Delegates all the provisions of this Article relating to the action and powers of the Executive Council shall apply to the action and powers of the Body of Delegates.

ARTICLE XIV.

Should any of the H. C. P. be found by the League to have broken or disregarded its covenants under Article X, it shall thereby ipso facto be deemed to have committed an act of war against all the other members of the League, which shall immediately 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, so far as possible, 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 Executive Council in such a case to recommend what effective military or naval force the members of the League shall severally contribute to the armed forces to be used to protect the covenants of the League.

The H. C. P. agree, further, that they will mutually support one another in the financial and economic measures which are taken under this Article in order to minimize 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 afford passage through their territory to the forces of any of the H. C. P. who are co-operating to. protect the covenants of the League.

ARTICLE XV.

In the event of disputes between one State member of the League and another State which is not a member of the League, or between States not members of the League, the H. C. P. agree that the State or States not members of the League shall be invited to become ad hoc members of the League, and upon acceptance of any such invitation, the above provisions shall be applied with such modifications as may be deemed necessary by the League.

Upon such invitation being given the Executive Council shall immediately institute an inquiry into the circumstances and merits of the dispute and recommend such action as may seem best and most effectual in the circumstances.

In the event of a Power so invited refusing to become ad hoc a member of the League, and taking any action against a State member of the League which in the case of a State member of the League would constitute a breach of Article X, the provisions of Article XIV shall be applicable as against the State taking such action.

If both parties to the dispute when so invited refuse to become ad hoc members of the League, the Executive Council may take such action and make such recommendations as will prevent hostilities and will result in the settlement of the dispute.

ARTICLE XVI.

The H. C. P. entrust to the League the general supervision of the trade in arms and ammunition with the countries in which the control of this traffic is necessary in the common interest.

ARTICLE XVII.

The H. C. P. agree that in respect of territories which formerly belonged to the German Empire or to Turkey and which are inhabited by peoples unable at present to secure for themselves the benefits of a stable administration, the well being of

these peoples constitutes a sacred trust for civilization and imposes upon the States members of the League the obligation to render help and guidance in the development of the administration. They recognize that all polices of administration or economic development should be based primarily upon the well considered interests of the peoples themselves, upon the maintenance of the policy of the open door and of equal opportunity for all the H. C. P. in respect of the use and development of the economic resources of the territory. No military or naval forces shall be formed among the inhabitants of the territories in excess of those required for purposes of defense and of internal police.

ARTICLE XVIII.

The H. C. P. will work to establish and maintain fair hours and humane conditions of labor for all those within their several jurisdictions and they will exert their influence in favor of the adoption and maintenance of a similar policy and light safeguards wherever their industrial and commercial relations extend. Also they will appoint Commissions to study conditions of industry and labor in their international aspects and to make recommendations thereon, including the extension and improvement of existing conventions.

ARTICLE XIX.

The H. C. P. agree that they will make no law prohibiting or interfering with the free exercise of religion, and that they will in no way discriminate, either in law or in fact, against those who practice any particular creed, religion, or belief whose practices are not inconsistent with public order or public morals.

ARTICLE XX.

The H. C. P. will agree upon provisions intended to secure and maintain freedom of transit and just treatment for the commerce of all States members of the League.

ARTICLE XXI.

The H. C. P. agree that any treaty or International angagement entered into between States members of the League shall be forthwith registered with the Chancellor and as soon as possible published by him.

ARTICLE XXII.

The H. C. P. severally agree that the present Covenant is accepted as abrogating all obligations inter se which are inconsistent with the terms hereof, and solemnly engage that they will not hereafter enter into any engagements inconsistent with the terms hereof.

In case any of the Powers signatory hereto or subsequently admitted to the League shall, before becoming a party to this covenant, have undertaken any obligations which are inconsistent with the terms of this Covenant, it shall be the duty of such Power to take immediate steps to procure its release from such obligations.

The CHAIRMAN. Whose draft was that?

Mr. BULLITT. I understood that had been prepared by the British law experts and Mr. David Hunter Miller

The CHAIRMAN. What we have known as the composite draft. Mr. BULLITT (continuing). Largely based on Lord Robert Cecil's recommendations.

I am afraid that I know but little more in regard to the league of nations there were minutes made of the discussions, but I have no minutes of those discussions, and all I know further is in regard to the discussions in regard to the suggestion to have an assembly of representatives included in the mechanism of the league; that is, of representatives to be chosen so as to represent the legislative assemblies of the various constituent States in an attempt to produce a somewhat popular assembly in the central organ of the league, which was beginning to be regarded by most persons in Paris as a diplomatic

expedient, which would have little or no effect and no hold on the popular imagination.

Senator KNOX. That was a suggestion, then, to popularize the project?

Mr. BULLITT. I am not sure of your meaning, sir.
Senator KNOX. I mean, to make it more popular?
Mr. BULLITT. To make it more democratic.

Senator KNOx. More democratic, and to make it appeal more to the people?

Mr. BULLITT. Yes; and get the people of Europe to look more favorably toward it.

Senator KNOX. Yes. Do you happen to know the attitude which the President took in regard to this suggestion to have an assembly in which should be represented the representative bodies of the various countries?

Mr. BULLITT. The President expressed himself as heartily in sympathy with the idea, but as unable to believe it practical; and Gen. Smuts, I recall, in the meeting of the committee urged it very strongly. Col. House approved of it. Lord Robert Cecil had proposed something of the sort in his original proposition, but was apathetic. The President was finally opposed to it. Later the matter was brought up again, when Lord Robert Cecil, Gen. Smuts, and Col. House all favored it-all favored the inclusion of a representative body-when the President opposed it, and by his opposition, of course, defeated it.

Senator KNOX. Did that feature appear in any of these drafts at all?

Mr. BULLITT. It did not. It was brought up, but there was merely discussion of it. There was a large body of opinion that if the league was to be a thing which might be able to cope with international war and create international understanding and cooperation, it must have some more popular basis of representation. Of course, at that time still the proposal for representation in the league was the original proposal of the President, that representation should be by the ambassadors or ministers of the powers composing the league, accredited to the capital where the league was to have its

seat.

Senator KNOX. In other words, the assembly, the council, would be made up of the diplomatic representatives of the various countries. Mr. BULLITT. Yes; that was the President's original proposal, and it was only rejected at the last moment before the league was finally presented in open session. You will recall, I think, it was February 13, that the President read the draft of the league in open session first, and on February 9 the provision was still in the draft that representation should be by the ambassadors or ministers of the high contracting powers, parties to the league. Col. House had asked me to prepare an amendment to this article and I simply sent in this memorandum, which is of no particular interest. It reads as follows [reading]:

Memorandum for Col. House:

BULLITT EXHIBIT No. 8.

FEBRUARY 9, 1919.

Subject: Proposed amendment to Article 2 of the league of nations covenant.

MY DEAR COL. HOUSE: In accordance with your request of this afternoon, I respectfully submit the following proposal for amendment:

ARTICLE 2.

at

Omit the words "The ambassadors or ministers of the high contracting parties are".

This clause then would read:

"Meetings of the body of delegates shall be held at the seat of the league or at such other place as may be found convenient, and shall consist of representatives specially appointed for this purpose."

Very respectfully, yours,

Senator KNOX. Up to that time all of the projects had contemplated the different countries being represented by their diplomatic agents?

Mr. BULLITT. The President had insisted on it repeatedly. The British had been very much opposed to it, and the reason for my discussing the matter with Col. House was that I had in the course of trying to keep in touch with what was going on there, and receiving these reports from the different sections of the conference, found that the feeling against this was very, very great, and had called it, of course, to the attention of Col. House.

Senator BRANDEGEE. I do not quite understand. Does the phrase "body of delegates" as employed in that proposition which you made refer to what is known in the pending treaty as "the assembly"? Mr. BULLITT. Yes, sir.

Senator BRANDEGEE. That was what is now known as the council, what I understand is now called the council, referred to as in the draft?

Mr. BULLITT. I can tell you, but I have not it in my mind.
Senator BRANDEGEE. Never mind about it.

Senator KNOX. The President was opposed to having the representative bodies of the different countries represented in the league; he thought it impracticable? Is that correct?

Mr. BULLITT. I shall attempt to make my meaning a little clearer. The idea was to have representation from the various countries to represent the various political parties in the States which made up the league, in order that there might be a popular representation. Senator KNOX. You mean representation of the congresses of the nations in the league?

Mr. BULLITT. Yes.

Senator KNOX. That is the way I understand it.

Mr. BULLITT. Yes.

Senator KNOX. And Clemenceau and Lloyd-George-what was their opinion?

Mr. BULLITT. Clemenceau-I don't know what his position was on that subject.

Senator KNOX. But you know Col. House's position was in favor of this?

Mr. BULLITT. Col. House was in favor of it. Lord Robert Cecil and Gen. Smuts were in favor of it. They were the members of the league of nations commission from England and the United States. Senator KNOX. The President seems to have lost out, then, on the proposition that the countries should be represented in the league of nations by their diplomatic officers?

The CHAIRMAN. He did not say that, did he?
Senator KNOX. Yes; he did.

In your judgment, you having been in daily touch with these negotiations and being in the confidence of Col. House, and it being your duty to gather up all of the information that it was possible to gather for dissemination among the American members of the commission, what do you regard as the President's greatest contribution to this league covenant?

Mr. BULLITT. So far as I know, in the final form of the league the only proposal of the President which remains more or less intact is article 10.

Senator KNOX. Do you know what the attitude of the representatives of the other Governments was toward article 10?

Mr. BULLITT. I do not, sir.

Senator KNOX. Could you give us some idea as to how the general work of the commission was done by the American representatives, and who were the active agents in conducting this work? For instance, begin with the President. Did the President have a secretary and body of men about him working for him personally in connection with his labors, or was it handed over to somebody else; and if so, to

whom?

Mr. BULLITT. The President had no assistants or secretaries of his own. He had his own two confidential stenographers, Mr. Close and Mr. Swem. Mr. Close was generally called "confidential secretary." The President, of course, conducted all the negotiations himself, all the actual practically all the actual-negotiations. The usual course of the preparation of a point of view was for the President to refer the matter to Col. House, who had built up a considerable secretariat, in the Crillon; and Col. House in turn would turn the matter over to his secretariat, the heads of which were Mr. Gordon Auchincloss and Mr. David Hunter Miller. Mr. David Hunter Miller had practically the revising of every paper in the conference, as an adviser on international law.

Senator KNOX. Is it not a fact that Auchincloss and Miller were the members the most active, and covering a wider sphere in relation to what was going on over there than anybody else?

Mr. BULLITT. I should distinctly say so, except, of course, Col. House and the President.

Senator KNOX. How many people were there connected with the American mission?

Mr. BULLITT. I am unable to give you the exact figures.
Senator KNOX. I do not care about that.

Mr. BULLITT. I think it was 1,300. It was something like that.
Senator KNOX. One thousand three hundred?

Mr. BULLITT. Yes; something like that.

Senator KNOX. What were they doing principally?

Mr. BULLITT. There were a large number of experts on various problems-territorial problems; economic problems. There were large numbers of, I believe they were called, liaison officers, who were supposed to keep in touch with various other delegations, although they later were cut down in number. In the main, the delegation was functioning as well as it could, attempting to maintain as wise a point of view as possible on all questions, but it was rather functioning in its own sphere.

Senator KNOX. It was pretty busy trying to appear to keep busy, was it not?