At my request Cobb and Lippmann have compiled the following respecting your fourteen points. I shall be grateful to you if you will cable me whether it meets with your general approval. Here follows memorandum:
1. Open covenants of peace, openly arrived at, after which there shall be no private international understandings of any kind, but diplomacy shall proceed always frankly and in the public view.
The purpose is clearly to prohibit treaties, sections of treaties or understandings that are secret, such as the [Triple Alliance], etc.
The phrase "openly arrived at" need not cause difficulty. In fact, the President explained to the Senate last winter that the phrase was not meant to exclude confidential diplomatic negotiations involving delicate matters. The intention is that nothing which occurs in the course of such confidential negotiations shall be binding unless it appears in the final covenant made public to the world.
The matter may perhaps be put this way: It is proposed that in future every treaty be part of the public law of the world and that every nation assume a certain obligation in regard to its enforcement. Obviously, nations cannot assume obligations in matters of which they are ignorant; and therefore any secret treaty tends to undermine the solidity of the whole structure of international covenants which it is proposed to erect.
2. Absolute freedom of navigation upon the seas, outside territorial waters, alike in peace and in war, except as the seas may be closed in whole or in part by international action for the enforcement of international covenants.
This proposition must be read in connection with number 14 which proposes a league of nations. It refers to navigation under the three following conditions: (1) general peace; (2) a general war, entered into by the League of Nations for the purpose of enforcing international covenants; (3) limited war, involving no breach of international covenants.
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