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Published online by Cambridge University Press: 04 May 2017
For the political scientist, the constitutional position of the Council of the League of Nations offers a thorny problem. In general, the Assembly and Council are each empowered to deal “ with any matter within the sphere of action of the League or affecting the peace of the world.” But, in addition, the Council is assigned special duties by Articles 6, 7, 8, 10, 14,15,16 and 24 of the Covenant and by the Treaties of Versailles, St. Germain, Trianon and Neuilly. The First Assembly tried to delimit the powers of Assembly and Council, but it must be admitted that the report presented to the Committee on General Organization by M. Viviani and Mr. Rowell (of Canada) was almost a confession of failure. They rejected comparisons with first and second chambers or legislative and executive bodies and added “ the truth is that the League offers no analogy in constitutional law.” The most recent League publication on the organization of the League contents itself with describing the Council as “ a semi-permanent organ of the Assembly.” Undeterred by its anomalous position, however, the Council has steadily grown in prestige and moral authority until election to it is keenly coveted. It is the purpose of this article to trace the steps which led to the election of Canada to the Council at the Eighth Assembly. No finer compliment to the growing importance of Canada in international affairs has yet been paid, a compliment which came appropriately enough in the year of the nation's Jubilee of Confederation.
1 Articles 3, paragraph 3 and 4, paragraph 4 of the Covenant.
2 As in Articles 48 and 213 of the Treaty of Versailles, Article 159 of the Treaty of St. Germain, Article 60 of the Treaty of Trianon, Article 104 of the Treaty of Neuilly, etc.
3 Assembly Document 159/20/48/159/1.
4 The Aims and Organization of the League of Nations (The Secretariat, Geneva, 1929),p. 23.
5 Miller, David Hunter, The Drafting of the Covenant (New York,1928), Vol. 1, p. 53. The Cecil plan is given in Vol. 2 of Miller, Doc. 6.Google Scholar
6 Miller, op. cit., Vol. 2, Doc. 5.
7 It was first published in Baker, Ray Stannard,Wilson, Woodrow and the World Settlement(New York, 1923), Vol. 3, Doc. 10.Google Scholar
8 Miller, op. cit., Vol. 2, Doc. 7.
9 Ibid., Docs. 12 and 13.
10 The French and Italian Governments later presented draft plans (Miller, op. cit., Vol. 2, Docs. 19, 20, 21) which were much less complete. The Italians proposed to include in the Council four members elected by all League members.
11 Miller, op. cit., Vol. 2, Doc. 14.
12 The smaller states were represented at first by five members and later by nine, as compared to the ten delegates from the five great Powers.
13 Howard-Ellis, C.,The Origin, Structure and Working of the League of Nations (London,1928), p. 90.Google Scholar
14 Temperley, H. V.,History of the Peace Conference of Paris (London,1920), Vol. 2, p. 27.Google Scholar
15 Wilson, Florence,The Origins of the League Covenant (London, 1928), pp. 32-37 Google Scholar
16 This is the only place in the Covenant where the phrase is used.
17 Article 4 of the Covenant, pars. 1 and 2. Professor Rappard thinks it was probably the neutrals who secured the provision for expanding the Council. Rappard, , “ The Evolution of the League of Nations,” Problems of Peace, 2nd ser. (London,1928), p. 9.Google Scholar
18 Miller, op. cit., Vol. 1, p. 477. Howard-Ellis, op. cit., p. 139.
19 Baker, op. cit., Vol. 1, p. 284. Miller hints (Vol. 1, p. 492) “ that probably some of the British representatives” regretted the developments.
20 Miller, op. cit., Vol. 1, p. 479.
21 Ibid., p. 480. House had also opposed a suggestion to make Newfoundland a member of the League. (Miller, op. cit., Vol. 1, p. 477.)
22 Miller, op. cit., Vol. 1, p. 481.
23 Ibid., p. 481.
24 Sir Robert Borden has paid tribute to Wilson's, “ consistently considerate attitude towards the Dominions” in his Canada in the Commonwealth (London, 1929), p. 109.Google Scholar
25 Miller, op. cit., Vol. 2, Doc. 31.
26 Borden, op. cit., p. 112.
27 Quoted in “ The First Assembly of the League of Nations#x201D; (World Peace Foundation,Vol. IV, No. 1, Boston, 1921), p. 11.
28 Scelle, Georges “ La Société des Nations à Geneve—Les Debuts de son Evolution,” Revue Politique et Parlementaire, Vol. 106 (1921), p. 347.Google Scholar
29 Geographic considerations led to the choice of China. Cf. Toynbee, Arnold J.,Survey of International Affairs, 1926 (London, 1928), p. 12.Google Scholar
30 Scelle, Georges, “De Genêve a Washington,” Revue Politique et Parlemmtaire, Vol. 109(1921), p. 169.Google Scholar
31 In 1919 Spain had presented to the Peace Conference a claim to a “ special situation on the Council (Toynbee, op. cit., p. 22) and in 1921 a request for a permanent seat had been endorsed by Britain (The Seventh Year Book of the League of Nations, World Peace Foundation,Vol. X, Nos. 2 and 3, p. 145). In the same year a Chilean delegate had presented her claim and that of Brazil without success.
32 The Spanish action was due to the failure to receive a permanent seat while France was probably shielding her ally, Belgium.
33 Howard-Ellis, op. cit., p. 140.
34 Spain did not vote.
35 Journal of the Sixth Session of the Assembly, Sept. 27, 1925.
36 Toynbee, op. cit., p. 10 ff.
37 Good accounts of this controversy are to be found in Toynbee, op. cit., Part 1A, Sect. 1; The Seventh Year Book of the League of Nations, op. cit., and Rappard, William E., “ Germany at Geneva,”Foreign Affairs (New York, 1926), Vol. 4, No. 4.CrossRefGoogle Scholar
38 The selection of Argentina, absent from the Assembly since 1920, was significant and was probably meant as a reproach to Brazil.
39 Report of the first session of the Committee on the Composition of the Council. (League of Nations Document, C. 299, M. 139, 1926, V.)
40 Spain withdrew her resignation in 1928 and was elected to the Council at the Ninth Assembly receiving also a certificate of re-eligibility.
41 See above, p. 757.
42 Professor Rappard makes the interesting suggestion that all council members should be elected with a number of candidates equal to the number of the great Powers considered to be indefinitely re-eligible. Cf. Rappard, The Evolution of the League of Nations, op. cit., p. 16.
43 There was some dissension among the Latin American States at their usual caucus before the election. Cf. The communication from the Uruguayan delegation, read to the Assembly after the council elections. Journal of the Seventh Ordinary Session of the Assembly, Sept. 17, 1926.
44 Journal of the Seventh Ordinary Session of the Assembly, Sept. 16, 1926.
45 Toynbee, Arnold J., The Conduct of British Empire Foreign Relations since the Peace Settlement (London, 1928), p. 58, quoting The Times of Sept. 17, 1926.Google Scholar
46 Scelle, Georges, “Le Bilan de la Septième Assemblée de la Socteti des Nations,”Revue Politique et Parlemenlaire, Vol.129 (1926), p.81.Google Scholar
47 Poland was also given a declaration of re-eligibility, obviously as a recompense for not receiving a permanent spat. In 1929 she was consequently re-elected.
48 She had been elected for a one year term in 1926. All observers agree that the great Powers supported her.
49 According to The Times special correspondent, one of her delegates claimed she was promised 38 votes.
50 Nansen was said to have led the opposition to Belgium. Cf. The Times (Weekly Ed.),Sept. 22, 1927.
51 The Times (Weekly Ed.), Sept. 22, 1927. Persia was elected to the Council in 1928 when China had to retire.
52 This is the view of Scelle, Georges. Cf. “ La Huitième Assemblée de la Société de Nations,” Revue Politique et Parlementaire (1927), Vol. 133, p. 102.Google Scholar
53 It is difficult to understand the Latin American influence at Geneva in view of their general attitude and when so many of these states do not attend Geneva. In 1927, for example, 12 were present and 5 absent. Cf. Martin, Percy Alvin, “ Latin America and the League of Nations,” Political Science Review, Vol. 20 (1926);Google Scholar Edwards, Don Augustin (of Chile), “ Latin America and the League of Nations,” Journal of the Royal Institute of International Affairs, March, 1929;CrossRefGoogle Scholar and Howard-Ellis, op. cit., pp. 104, 105, 133. However,in 1929, Peru, Bolivia and Honduras returned to the Assembly.
54 Howard-Ellis, op. cit., p. 150. It was charged that in 1926, Cuba had not stood for election because of opposition from the United States, but this was denied. Cf. “ Cuba and the Platt Amendment,” Foreign Policy Information Service, April 17,1929, Vol. 5, No. 3, p. 61 ff.
55 The Times, Sept. 15, 1927. Mr. Toynbee is rather critical of the government for its action in this connection. Cf. The Conduct of British Empire Foreign Relations since the Peace Settlement, p. 60.
56 SirAmes, Herbert, “ Canada and the Council,” The Bulletin of the League of Nations Society in Canada, Jan., 1928, p. 5.Google Scholar Sir Herbert was treasurer of the League of Nations from1919 to 1926, a delegate from Canada to the League Assembly in 1926, and in close touch with the Canadian delegation in 1927. He says that several states urged Canada to stand for election in 1926 and that the Canadian delegation reported favorably upon this suggestion when they returned to Ottawa.
57 This would mean seven or eight votes. The writer was informed of this by Sir Herbert Ames.
58 There are contrary views as to the attitude of Sir Austen Chamberlain. The Times correspondent says he welcomed the election “ whole heartedly.” The Times (Weekly Ed.), Sept. 22, 1927. But Pinon, M. in the Revue des Deux Mondes, Vol. 141 (1927), p. 715 Google Scholar,declares that Sir Austen was not keen on the proposal.
59 Ames, op. cit., p. 5.
60 Mr. Toynbee suggests in his Conduct of British Empire Foreign Relations since the Peace Settlement, pp. 59-60, that Canada was competing against Cuba for an American seat on the Council; but this can hardly be the case as these seats were regarded as Latin American seats and Canada had never worked with these states in their caucuses on Council elections. It is surprising to find M. Paul Mantoux grouping Canada with Latin America for Council elections. Cf. Mantoux, Paul, “ The Working of the League Council,” Problems of Peace, 3d ser. (London, 1928), p. 41.Google Scholar
61 The writer has had conversations and correspondence with members of the League Secretariat upon this point, but the names of his informants, for obvious reasons, cannot be quoted.
62 Querielle, Pierre de, “L’Esprit International A Gevhie,” Le Correspondant, Vol. 309 (1927), p. 199.Google Scholar
63 The Observer, Sept. 18, 1927.
64 Journal of the Eighth Ordinary Session of the Assembly, Sept. 13, 1927.
65 Quoted in the Round Table, “ Germany and Geneva,” Vol. 18 (1927-1928), p. 16.Senator Dandurand has since shown his sincerity on this question by bringing the position of minorities before the Council in March, 1929, and offering concrete suggestions for improvement. He again discussed the question at the Tenth Assembly.
66 Cf. The Canadian position on Article 10 of the Covenant.
67 The Manchester Guardian (Weekly), Sept. 23, 1927.
68 The Spectator, Vol. 139 (1927), p. 452, devoted a leader to it, and L’Europe Nouvelle secured a special article from H. Wilson Harris, the English journalist and League enthusiast, for its issue of Sept. 24, 1927.The New York Times of Sept. 16th published a special article by Wythe Williams.
69 Mr. MacKenzie King's statement to the press, Sept. 19, 1927. In his statement the Prime Minister quoted as “ especially pleasing and noteworthy” the remark of the London Times, “ There could have been no more emphatic international affirmation of that historical definition of British Imperial relations which was given at the last Imperial Conference.”
70 Pinon, René, “ Chronique de la Quinzaine,” Revue des Deux Mondes, Vol. 141 (1927), p. 715.Google Scholar
71 Harris, H. Wilson, “ Le Canada au Counseil de la Société de Nations,” L’Europe Nouvelle,Sept. 24, 1927.Google Scholar
72 Scelle, Georges,“ La Huitième Assemblée de la Société des Nations,” Revue Politique et Parlementaire,Vol. 133 (1927), p. 103 Google Scholar
73 House of Commons Debates, Feb. 19, 1929. At the Tenth Assembly Canada signed this clause.