SUGGESTIONS FOR THE CONSTITUTION OF THE LEAGUE OF NATIONS.

THE following is the text of the article of October 26th, 1918, to which allusion is made in the preceding article. It should be remembered that the scheme does not profess to provide a full and complete constitution, but rather an outline of suggestions for a constitution upon which a proposal for a new League might br; drafted. As will be seen, the proposed basis for the League is a guarantee and insurance of the sanctity of Treaties made either between members of the League or between Powers outside the League, or again between Powers one of which is outside the League and one within the League. It is not sought that, in any dispute, the League shall determine which side is right on the merits of a c ase. It should merely insist that no recourse to arms should ever take place without a year's notice for the abrogation of any Treaty of friendship which either exists at the present moment or will be called into existence by the foundation of the League.

OBJECTS OF THE LEAGUE.

The object with which the League of Nations is formed is the preservation of the eanctity of Treaty Contracts made between Sovereign. States. Members of the League are pledged to maintain amity between themselves, and the League, and its Members, jointly and severally, and are in covenant with each Member and the Mein- bera as a whole not to withdraw from the League, and not to put an

end to any Treaty made outside the organization of the League with any. Power, without giving one year's notice of their intention of withdrawal from the League or of the abrogation of a Treaty made with a Power not a Member of the League as aforesaid.

The League does not limit, or derogate from, the complete sovereignty of the States which compose it, except in respect of the Contract, explicit and implicit, of a year's notice of withdrawal from the League or from any other Treaty obligation whatsoever. Any appeal to arms before such notice has been given or before the year has expired shall be regarded as a violation of the principles and objects of the League, and shall be punished by the League and its Members jointly and severally by a Declaration of Non-Intercourse in the manner set forth in the Constitution of the League. Such Non- Intercourse shall be directed, supervised, and maintained by the General Council of the League, and failure by any Power concerned to enforce the Non-Intercourse Decree, or to observe the obligations and duties undertaken by Members of the League, shall in turn be visited by a Decree of Non-Intercourse with the Power guilty of contumacious action or neglect.

CONSTITUTION OF THE LEAGUE.

I. Only Self-governing States are entitled to be Members of the League, and each Member retains its sovereignty, freedom, and independence. * II. The Members hereby severally enter into a firm League of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves, as long as they are Members of the League, to assist each other against all force offered to, or attacks made upon, them, or any of them, on account of sovereignty, trade, or any other pretence whatever.

III. For the more convenient management of the general interests of the League, Delegates shall be annually appointed in such manner as the Legislature of each Member shall direct, to meet in Council on the first Monday in May of every year, with a power reserved to each Member to recall its Delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year.

IV. In determining questions considered by the Council of the League, each Ordinary Power shall have one Vote. The Great Powers shall each have ten Votes. A Great Power is a Power with a population of over thirty millions, or a State expressly declared to be a Great Power by the Council of the League.

V. No Member shall engage in any war without the consent of the Council of the League, unless such Member is actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation to invade such Member, and the danger is so imminent as not to admit of a delay till the Council of the League can be consulted.

VI. The Council of the League assembled shall also be the

last resort on appeal in all disputes and differences now subsist- ing, or that hereafter may arise, between two or more Powers concerning boundary, jurisdiction, or any other cause whatever— which authority shall always be exercised in the manner follow- ing. Whenever the legislative or executive authority or lawful agent of any Power in controversy with another shall present a petition to the League, stating the matter in question and pray- ing for a hearing, notice thereof shall be given by order of the League to the legislative or executive authority of the other Power in controversy, and a day assigned for the appearance of the parties by: their lawful agents, who shall then be directed to appoint, by joint consent, Commissioners or Judges to con- stitute a Court for hearing and determining the matter in question ; but if they cannot agree, the Council of the League shall name three persons out of each of the Powers, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen ; and from that number not less than seven, nor more than nine names, as the Council shall direct, shall, in the presence of the Council, be drawn out by lot, and the persons whose names shall be so drawn, or any five of them, shall be Commissioners or Judges, to hear, and finally determine, the controversy, so always as a major part of the Judges who shall hear the cause shall agree in the determination ; and if either party shall neglect to attend on the day appointed, without showing reasons which the Council of the League shall judge sufficient, or being present shall refuse to strike, the Council shall proceed to nominate three persons from each Power, and the Secretary of the League shall strike in behalf of such party absent or refusing ; and the judgment and sentence of the Court to be appointed, in the manner before prescribed, shall be final and conclusive ; and if any of the parties shall refuse to submit to the authority of such Court, or to appear or defend their claim or cause, the Court shall nevertheless proceed to pronounce sentence or judg- ment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either

cave transmitted to the League, and lodged among the acts of the League for the security of the parties concerned ; provided that every Commissioner, before he sits in judgment, shall take an oath, to be administered by one of the Judges of the Supreme or Superior Court of the Power where the cause shall be tried, " well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection, or hope of reward."

VII. Every Member shall abide by the determinations of the Council of the League assembled on all questions which by this League are submitted to them. And the Articles of this League

* A large part of the Constitution of the League is closely modelled on the Articles of Confederation of the American States, 1777. The actual words are often adopted.

shall be inviolably observed by every Member ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in the Council of the League and be afterwards confirmed by the Legislatures of every Member.

VIII. The Council of the League shall sit throughout the year.

IX. If an armed conflict should arise between any two States which are Members of the League, or between any State which is a Member of the League and some State outside the League, the Council of the League shall decide without appeal which Member was the aggressor in the said conflict, and shall in accordance with such decision direct the Members of the League as to which combatant is to be applied the Decree of Non- Intercourse. If war comes at the end of the year's notice required by the provisions of the League, the Council of the League shall decide whether to stop the war by a Decree of Non- Intercourse directed against both or one of the combatants, or, if it shall think fit, shall take no action. The decision is to be by a majority vote of the Council. In such a vote those Powers defined as " Great Powers " shall, if unanimous, be entitled to exercise a veto over the decisions of the Members of the League, in addition to the multiple vote accorded to them by Clause IV. of this Constitution.

PROCEDURE TO BE TAKEN ON THE PASSING OF A DECREE OF NON-INTERCOURSE.

X. Any Power against which a Decree of Non-Intercourse is passed by the Council of the League shall be styled and regarded as an Outlawed Power. • XI. When a Power is outlawed all trade and other intercourse is forbidden between the Members of the League and the Outlawed Power.

XII. No ship belonging to any Member of the League shall enter the ports of an Outlawed Power, and if at the time of the Declaration of Outlawry any ship is in an outlawed port she shall withdraw as soon as possible.

XIII. No ship belonging to an Outlawed Power is to be permitted to enter the ports of any Member of the League of Nations, and any ship in a port of Members of the League at the time of the issue of the Declaration shall be ordered to withdraw forthwith.

XIV. No railway train or vehicle of any sort, or aeroplane or airship, shall pass the frontiers of any Outlawed Power, and all railway trains, vehicles, aeroplanes, and airships belonging to any Power which is a Member of the League shall at once withdraw from the Outlawed State.

XV. Precautions shall be prescribed by the Council to prevent an indirect trade growing up through Neutral Countries, Mem- bers of the League, and the Outlawed Power.

XVI. All nationals of any Outlawed Power or Powers shall leave the territories of Members of the League on the Declaration of Non-Intercourse.

XVII. All nationals of Members of the League living in an Outlawed State shall return at once under penalty of forfeiture of their possessions and of denationalization.

XVIII. All property of citizens of Outlawed Powers within the jurisdiction of any Member of the League shall be confiscated simultaneously with the Declaration of Outlawry and without further notice.

XIX. Damages and losses to nationals and Members of the - League owing to a Declaration of Non-Intercourse shall be made good in full.

XX. The Outlawry of any State breaking the essential Covenant of the League shall last after the cessation of hostilities on the principle of one year of additional Outlawry for every three months of belligerency.

XXI. Re-entry into the League shall only be permitted by leave of the Council on the special conditions to be laid down by the said Council.