impelled the President to insert in the Covenant these extraordinary
provisions which deprived arbitral courts of that independence of the
executive authority which has been in modern times considered essential
to the impartial administration of justice. But, when one considers how
jealously and effectively the Constitution of the United States and the
constitutions of the various States of the Union guard the judiciary
from executive and legislative interference, the proposal in the
President's plan for a League of Nations to abandon that great principle
in the settlement of international disputes of a justiciable nature
causes speculation as to Mr. Wilson's real opinion of the American
political system which emphasizes the separation and independence of the
three coordinate branches of government.

That a provision found its way into the draft of the Covenant, which the
President, on February 3, 1919, laid before the Commission on the League
of Nations, declaring for the creation by the League of a permanent
court of international justice, was not due, I feel sure, to any
spontaneous thought on the part of President Wilson.

My own views as to the relative value of the settlement of an
international controversy, which is by its nature justiciable, by a body
of diplomats and of the settlement by a body of trained jurists were
fully set forth in an address which I delivered before the American Bar
Association at its annual meeting at Boston on September 5,1919.

An extract from that address will show the radical difference between
the President's views and mine.

"While abstract justice cannot [under present conditions] be depended
upon as a firm basis on which to constitute an international concord