Newton Wesley Rowell
Unionist
Hon. N. W. ROWELL (Durham) :
Mr. Speaker, while I have not had the privilege of being in the House and listening during the past two days, to the discusion that has taken place on the motion for the adoption of the Address I judge, from a perusal of Hansard, that the procedure adopted on this occasion is to devote one day to a general political party controversy and the next to the consideration of questions of public importance upon which there is a substantial degree of unanimity in the House. I judge, from reading yesterday's debate in Hansard, that this is the day for a discussion of a matter on which there may be a substantial measure of agreement. I therefore shall be quite within the limits of the procedure so far pursued in discussing the Address, if I confine my observations to that one important paragraph in the Address dealing with the League of Nations and the work of the assembly of the League at Geneva. The House has had the benefit, if the right hon. gentleman will permit me to say so, of a very clear, comprehensive, and wholly admirable review of the work of the Assembly at Geneva and of the purposes for which the League of Nations was formed. My duty this
afternoon, therefore, will be to' fill in some of the details of the picture sketched in such broad and clear outline by the Minister of Trade and Commerce (Sir George Foster). Before, however, referring to some of the matters discussed at Geneva, may I say in passing that I shall not attempt to go into great detail this afternoon, for I judge that the time for a detailed discussion, if the House desires to have such a discussion, will be when the estimates for the League are before the House. At that time there will be a full opportunity to ask and to answer questions in reference to these important matters. Let me preface my remarks as to the work of the Assembly by one or two general observations in reference to the League of Nations and the great purpose which it is designed to serve in the world. Prior to the present time, so far as history preserves for us a record, each nation has looked upon every other nation as a real or potential enemy; and because each nation has regarded every other in that light it has felt compelled to protect itself against aggression by erecting works for defence, by establishing armies, by building navies, and by taking all the precautions necessary to protect it against aggressive attack, or if aggressively inclined it has taken these measures to ensure success in its attacks upon its neighbours. The same idea has compelled nations to form alliance, to associate other nations with themselves in alliances more or less close, with the object of offsetting other alliances among other nations and so preserving what has been know for a long time in diplomacy as the balance of power. The culmination of that policy, and its severest condemnation, has been the great war from which we have just emerged, and the crimes and atrocities, as well as the loss and suffering, which that war entailed, compelled humanity to try and discover some other principle which should find expression in the diplomacy and policy of the world. That other expression is, that each nation should look upon every other nation if not as a real, at least as a potential friend, and that the best safeguard of the peace of the world is not in arming for conflict but in cooperating together to prevent armed conflict; and that is the principle embodied in the Covenant of the League of Nations.
We all recognize in organized society the difference between a private wrong and a public wrong. We recognize there are certain injuries which if a private citizen sustains at the hands of another citizen his redress is through the civil courts.
There are other injuries where the law steps in and says, although an injury has been done a private citizen, a public wrong has been committed, and no matter what the desire of the parties immediately concerned, justice must be vindicated and the guilty party must be punished. Therefore we have the public prosecution of public wrongs.
Too often in international affairs serious controversies between states, have been regarded as only of immediate concern to the two parties to the dispute, and each nation has claimed the right to settle its dispute with its neighbour nation in whatever way it thought best, regardless of the views or interests of the other nations of the world. The world is coming to realize the fact that there are public rights and public wrongs in international affairs, just as there are public rights and wrongs in domestic affairs in each civilized country, and it is no longer possible to permit a nation to make war upon another to redress its own grievances and so disturb the peace of the whole world, and that war, or a threat of war, in any part of the world is a matter of concern to all the nations. That is another principle which finds expression through the Covenant of the League of Nations.
Now, Mr. Speaker, let me make one or two observations in explanation of what the League is, and I ask pardon of the House for coming back to a matter which has been so frequently discussed. I do it, however, because wherever one goes one finds great misapprehension as to the purposes and functions of the League of Nations. Let me say, notwithstanding what has been so often suggested, the League is not a super-state. The League has no jurisdiction to undertake the government of the world or to settle all difficulties that may arise in various quarters of the world. I have heard the complaint made that the League is ineffective because wars are now going on in various parts of the world. The League was not organized for the purpose of making peace, following the [DOT] recent war. That is the task of the Supreme Council, and if peace has not been established up to date in many quarters of the world it is not because of any failure on the part of the League. It is because the Supreme Council, in view of the ^policy of the past and the conditions of the present, has not been able to bring about peace. The question came directly before the Council of the League some months ago on the application of the King of the Hed-jaz in complaint against France in con-
nection with certain acts committed in Lebanon. The Council of the League took the position, which is justified under the Treaty and under the Covenant, that it was not their duty to make the peace. They were organized to preserve the peace once it was made, and as peace had not been established as between Turkey and the Allied Powers, the League had no jurisdiction to intervene in that dispute.
I mention these matters because another question has been asked. What is the League doing to secure reparation from Germany for the crimes she has committed and thb losses occasioned by the war? The League, Mr. Speaker, has no jurisdiction over that matter; it is entirely beyond its jurisdiction. That is a matter entirely for the Supreme Council which must deal with that problem and settle it.
What then are the functions of the League? They are of three-fold character. I would call them the primary and secondary functions under the Covenant, and third, certain functions under the Treaties of Peace.
What is the primary function of the League under the Covenant? It is to preserve the peace of the world by the prevention of war, and to prevent war by providing a substitute for war as a means of settling international disputes. The secondary function of the League, as was so well pointed out in the address delivered by the Minister of Trade and Commerce (Sir George Poster) is to provide a means for international co-operation in a large number of matters of common concern to all the nations of the world. What are the duties of the League under the Treaties of Peace? I shall give two or three illustrations. Under the Treaty of Versailles the League is responsible for naming the commission and organizing the Government of the Saar Basin. On that commission is one of our Canadian citizens, Mr. Waugh of Winnipeg, and I am sure it will be a matter of gratification to you, as it was to us, to hear from the officials of the League in Geneva the strongest testimony to the splendid service that Mr. Waugh was rendering as a member of that commission. The League had also to arrange for the government of the free city of i)antzig,_ to negotiate a Treaty between Dantzig and Poland, and to name a commissioner as governor of that city. They are responsible for guaranteeing the carrying out of certain of the clauses of the minorities treaties entered into pursuant
[Mr. Rowell. 1
to the Treaties of Peace. The League is now devoting its energies to these important functions. The Minister of Trade and Commerce has dealt with the organization of the Council and the Assembly, and I' shall therefore pass on to touch upon some phases of the work of the Assembly at Geneva which were not explained by my hon. friend the other day. The Minister of Trade and Commerce pointed out that in the organization of the Assembly we had to appoint a president. Modesty perhaps prevented him from explaining that we had also to elect vice-presidents. There were six vice-presidents who were chairmen of the six commissions of the Assembly, and there were six vice-presidents at large elected by the delegates present at the Assembly. I am sure it is a matter of congratulation to the House and the country that the chairman of the Canadian delegation was chosen as one of the vice-presidents at large of the first Assembly at Geneva. All matters which came before the Assembly were referred for consideration and report to one of the six commissions appointed by the Assembly. The subjects entrusted to these commissions were: First, Constitutional Questions; Second, Technical Organizations; Third, the permanent Court of International Justice; Fourth, the Secretariat and the Budget; Fifth, Admission of new States; and, Sixth, Armaments, Mandates, and the Economic Blockade. In the allotment of positions on these commissions it so happened that I was assigned to numbers one and two; the Minister of Justice (Mr. Doherty) to numbers three and six; and the Chairman of our delegation, the Minister of Trade and Commerce (Sir George Foster) to numbers four and five. As the work of the Assembly progressed it appeared that commissions one and two, and four and five would meet at the same time; therefore Sir George Foster exchanged places with me, I taking his place on number five, and he taking my place on number two. Consequently in the general work of the Assembly the Minister of Trade and Commerce sat on commissions two and four, the Minister of Justice on commissions three and six, and I on commissions one and five.
Possibly the most important work of the Assembly was laying the foundations for the future. It was not simply an international conference at which men would meet to discuss certain matters and then separate, and the work would after-
wards have to be done over again. It was organizing a new body for permanent work, because any one who is interested in and believes in the future of the League looks forward to its future as not being a matter of years or decades, but a permanent organization, influencing and guiding the international life of the world. Therefore it was of the utmost importance at the first meeting of the Assembly that the foundations should be laid on sure ground, and that the Assembly in its deliberations should he kept on such secure foundations.
It followed that the questions that came before commission Number one, the commission on constitutional questions, had not only an interest for the present Assembly, hut had a real bearing upon the future of the League, and I am sure you will think I shall be taking the right course this afternoon if I devote my time to questions with which I was most immediately concerned on the two commissions on which I sat. I am certain the Minister of Justice will give the House full information with reference to the work of the commissions in which he took such an important part.
Now, Sir, let me take first the rules of procedure. That sounds simple, but we had to decide in adopting these rules whether we would follow the British parliamentary practice or the continental practice; they were not the same. In the result a composite system of rules was adopted, some from the British parliamentary practice, some from the continental practice, and on the whole they were rules which appeared to the Assembly well designed to govern the deliberations of such a body. t
There were two provisions in these rules to which I wish to draw the attention of the House, for they are important and significant having regard to the future work of the Assembly. They received emphasis at a later stage by the action of other committees. One of those rules required the budget to he submitted to the Assembly at its Annual meeting each year. Under the Constitution of the League both the Council and the Assembly have jurisdiction over matters of finance, but one of the first actions of the Assembly was to assert its authority in the voting of money for carrying on the work of the League. That will have a very important bearing on the development of the League in the future.
Another matter set forth and asserted in those rules was that each year the Council should report to the Assembly on the work done by the Council from the date of the preceding Assembly. While the
Council is supreme in any action it takes within its own jurisdiction as outlined in the Covenant, yet the Assembly laid down the principle that the Council should report to the Assembly from time to time. The members of the Council present in the Assembly-all the States were present- accepted that statement of policy. It means that in future all acts done by the Council between the meetings of the Assembly shall be reported to the Asembly at its next annual meeting. That report will be open for discussion and review, just as the Speech from the Throne is open for discussion and review, and every action of the Council may be debated in that open forum in the presence of the nations of the world and before the press of the world. This means further that matters cannot be done in secret by the Council of the League, even though its meetings are not open to the public in the same way as are the meetings of the Assembly.
Then another matter of great interest and importance, having regard to the future of the League, was the discussion of the relations between the Council and the Assembly. There is a good deal of confusion in reference to what those relations should be; there was not a little confusion in the minds of the delegates themselves; and that was natural, because the Covenant does not draw a very clear line between the functions of one and the other. But this much is clear: In matters that are expressly committed to the Council, either under the Covenant or under any of the Treaties of Peace, the Assembly has no jurisdiction to render a decision. Similarly, where matters are expressly committed to the Assembly, either under the Covenant or under any of the Treaties of Peace, the Council has no jurisdiction to give a decision. In general matters both the Council and the Assembly are competent to deal with them as they arise.
There is a third class, and an important one as events at the Assembly showed, in regard to which neither the Council nor the Assembly has authority to take final action. I am now referring to matters included within what I have referred to as the secondary functions of the League, matters which come under Article XXIII of the Covenant. That article is prefaced with a declaration to this effect:
That under the terms- of international conventions heretofore or hereafter agreed upon, the members agree to do so and so.
In other words, in those matters coming within Article XXIII the members of the
League have not committed either to the Council or to the Assembly the final authority; they have said in respect to those matters: International conventions must
be submitted to us, the terms agreed upon must be approved by us, those conventions must be executed by us, and then the Council and the Assembly may proceed to deal with those matters.
Another matter that arose in discussing the relations of the Council to the Assembly, and which occasioned a good deal of discussion, was: What was the position of a member of the Council in giving his vote in reference to the Government which appointed him; did he in giving his vote record his own opinion, or did he record the opinion of the state which named him? The question was raised in the Assembly by the distinguished representative of Italy, Signor Tittoni. He took the ground that the members of the Council were not representatives of their states, but occupied the superior position of magistrates, and were to dispose of matters on the grounds of equity and justice and the broad principles of humanity. Some of the members of the Assembly could not see any good reason why a member of the Council should not at the same time represent his state and dispose of matters on the principles of equity and justice and in the broad interests of humanity.
But that issue goes to the very basis of the efficiency of the League. If members of the League are simply there as a group of public men recording their own opinions, valuable as these opinions may be, you simply have an international debating society without power to achieve anything effective.
If, on the other hand, these delegates represent their Governments so that when they cast their vote the vote,is that of their Governments and binds their Governments only of course to the extent provided in the Covenant-you have a body of plenipotentiaries capable of negotiating and settling matters of very great international importance, and you give to the decisions of the Council and of the Assembly a value and a dignity otherwise quite impossible. That question was carefully considered and the Assembly came unanimously to the conclusion that on the proper interpretation of the Covenant, while a member may express such opinions as he sees fit and is responsible only to his own Government for his opinions, when the vote is cast it is the vote not of the delegate but of the State he represents. So all voting in the Coun-
cil and in the Assembly is by States and those votes bind the States to the extent but only to the extent mentioned in the Covenant.