COPY
June 9th, 1927.
My dear Senator Borah:
I very much regret that you do not feel free at this time to discuss the question of Arbitration Treaties with me.
I have recently seen a statement made by Mr. Levinson as follows:
"Briand's proposal is really to outlaw war between two countries without reservation and without futile attempts to distinguish between acts of aggression or to define the aggressor. In short, Briand would propose a treaty to rule out war in any event between these two great nations."
Because of this statement of Mr. Levinson's, I believe that you and the outlawry of war advocates might be particularly interested in the model treaty drafted for the Women's International League by Professor Francis Sayre of Harvard University. [We] sent this proposed draft out rather widely in the fall and during the winter to groups and individuals, but it was not until Dr. Butler gave such wide publicity to M. Briand's suggestion that there was any general interest at all in specific treaties.
For more than a year the United States Section and the British Section of the Women's International League have been anxious to agree on a model draft which would be acceptable to both sections and which we might both urge on our joint governments simultaneously. It was toward this end that we asked Professor Sayre to draft the attached treaty for us. [page 2]
May I point out that this document establishes immediately the principle "that the high contracting parties agree that under no circumstances will they resort to war with each other." Our proposal thus differs fundamentally from the Bok draft which outlaws war "save in the one case of necessity for national defense against an act of aggression." Here is the type of loophole which I believe Mr. Levinson referred to as necessitating "the futile attempts to distinguish between acts of aggression or the aggressor."
Though the Shotwell Treaty is based to a great extent on the Locarno pacts, it adheres to the old warn out exceptions for national honor and vital interests.
I have just received from our British Section a model draft of an all-inclusive Arbitration Treaty which was prepared for them by Mr. Arnold Forster. He has written it particularly in view of having it offered to states not members of the League of Nations. (Mr. Forster, as you may know, is the author of "The Victory of Reason" and is considered, I believe, by many people, as the foremost expert on Arbitration Treaties in Europe).
May I point out that this Forster draft establishes the same principle laid down in the Sayre proposal that nations will agree never to resort to war.
I hope that though you may not feel free to discuss these proposed treaties at this time that you may be able to consider both of them because of this vital difference between these drafts and those offered by the Bok group and Professor Shotwell.
I realize that the details in so vital a document as an arbitration treaty are of greatest importance, but we believe that this underlying principle -- that nations would agree never to resort to war -- is fundamental and must be established as the basis of any treaty truly looking to outlawing war.
I have forwarded to our French Section your letter sent to the League of Nations Non-Partisan Association, asking them to urge M. Briand, as you suggested, to reduce his proposal into the terms of a treaty.
I hope that when you feel free to discuss this question that I may come and talk to you about it as we should value so highly any suggestions for our future efforts for outlawing war by treaties.
Respectfully yours,
Enc.
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