Benjamin V. Cohen:

Becoming a Man of Peace

BSU Commencement, 1970: Honorary Degree Doctor of Laws, Benjamin Victor Cohen

A source of great pride to a community is frequently one of its own who has gone forth to serve the nation and the world. You, Benjamin Victor Cohen, one of the nation's finest legal architects of far-reaching social and economic reforms, economist, barrister in the World Court, confidant and counselor to Presidents, and devotee to the cause of international understanding, have been appropriately recognized for your brilliant, but selfless, contributions to the cause of justice and equity for all mankind.

Your home community of Muncie, Indiana, and Ball State University join countless thousands in paying tribute to you for your humanitarianism and your fidelity to your country and its people—in war and peace—for more than two score years and ten.

Born in Muncie in 1894, you were educated in the Muncie and Chicago public schools, The University of Chicago and Harvard University. Your remarkable legal career started in 1916 as secretary to a United States Circuit Court judge and as counsel for the American Zionists at peace conferences in London and Paris.

After a successful law career in New York City, you went to Washington, D.C., in 1933 as one of the wisest and most able of Franklin D. Roosevelt's brain trust. - You played a major role in shaping legislative reforms affecting securities, exchanges and utility holdings, in establishing minimum wage guarantees, and in working throughout World War II to maintain a non-inflationary civilian economy.

A selfless and devoted public servant, you worked closely and quietly with James F. Byrnes in the Offices of Economic Stabilization and War Mobilization and helped initiate the plan for lend-lease in the early years of the war. Even before the guns of war were silenced, you were working constructively to help shape a durable system to ensure peace—at Bretton Woods, Dumbarton Oaks and the Berlin Conference and later with the Council of Foreign Ministers in London, Moscow, Paris and New York.

You were senior adviser for the American delegation to the United Nations General Assembly between 1946 and 1952 and U.S. representative before the International Court of Justice in The Hague.

Among those intimately involved in the world political scene, the characteristics of altruism, selflessness and modesty are rare qualities, but these you have had in abundance. Ball State University is honored to confer upon you, Benjamin Victor Cohen, the degree of Doctor of Laws with all rights and privileges thereunto pertaining.

Benjamin Cohen, 1894-1983 New Deal Legislation

Securities and Exchange Commission Public Utility Holding Company Act

Wartime Service Drafted Legal Opinion that led to Destroyers-Bases Deal (1940) Counselor to US Ambassador to Britain John Winant (1941) Counselor to Office of Economic Stabilization and Office of War

Mobilization (Byrnes) Delegate to Dumbarton Oaks Conference that set up the

United Nations (1944) Postwar Diplomat

Counselor to Secretary of State Jimmy Byrnes US Delegate to United Nations Member, UN Disarmament Commission Elder Statesman

Benjamin Cohen, 1894-1983: His Journey Begins

Childhood in Muncie Shy, introverted, brilliant, difficulty in public

speaking Never married University of Chicago, Harvard Law (1916) The importance of mentors among his

law professors and their circle

Julian Mack, 1866-1943

Appeals Court Judge and Professor, University of Chicago

Zionist at Paris Peace Conference

Louis Brandeis, 1856-1941

Public Interest Lawyer

Associate Justice of Supreme Court (1916-1939)

Ardent and Active Zionist at Paris Peace Conference

Felix Frankfurter (1882-1965)

Professor, Harvard Law Networker Extraordinaire:

“Felix’s Happy Hot Dogs” Associate Justice of

Supreme Court (1939-1962)

Opens Doors for Cohen on Multiple Occasions: Cohen as Liaison Between US and British Zionist Delegations at Paris Peace Conference, 1919

Brings Cohen into New Deal

His Approach to Service Brilliant legal mind Viewed law as an instrument of

regulation of economic and national behavior

Worked for others drafting legislation and speeches usually behind the scenes part of a team, not overtly egotistical Eventually frustrated by lack of high position

that his contributions warranted Almost certainly the result of anti-Semitism

(especially in State Department)

Accomplishments in New Deal Expanded regulatory power over securities

industry and electric utilities Securities and Exchange Commission Public Utility Holding Company Act

Saw necessity for activist government Frustrated with Supreme Court

Key role in drafting court-packing plan Publicity for his “radicalism” Disillusionment and distraction as war approaches He believed that the failure to join the League of Nations

was a fatal error that had helped lead to the rise of Hitler Court-Packing hampers Presidential use of executive

power in foreign crisis

Hands of Dictatorship

The Impact of Hitler’s Aggression

Consulted with David Ben-Gurion and discouraged armed revolt (for greater admission of Jews into Britain’s Palestine Mandate)

Perceived Hitler’s threat; shifted his attention to foreign policy

Focused throughout immediate prewar and wartime period on methods to defeat Axis rather than to rescue Jews Lacked direct influence Anti-Semitism (accusations of “Jew Deal”) limited

the possibility of a public role

Do Something

!

Don’t!

Britain Stands Alone: Aid Needed Churchill asked FDR for mothballed WW1 destroyers to protect shipping lanes Domestic Political Pressure on FDR Cohen provided complicated, brilliant legal argument and helped arrange its

publication: creativity at work 1794 Statute: sale of warships “built, fitted out, or armed to the order” of a nation

at war was prohibited 1917 Espionage Act: cannot “send out of the jurisdiction of the US any vessel built,

armed, or equipped as a vessel of war…with intent…that such vessel shall be delivered to a belligerent nation.”

Cohen argued that ships that had been built to the order of the US Navy and that had not been built with the intent of delivering them to a nation at war could be transferred to such a nation.

“In the present state of the world, the maintenance of British sea-power is of inestimable advantage to us, in terms of our own national defense…it cannot be lightly assumed that statutes designed to safeguard our national defenses were intended to block action dictated by a realistic appreciation of the interests of our national self-defense.”

Here Cohen acts on his own and shapes policy, leading to-- More direct American involvement in WW2 An expanded definition of Presidential power that culminated in future Presidential

warmaking in Vietnam, etc. (Imperial Presidency) Apex of his influence

Further Wartime Activities: His Journey Toward Peace Activism

Wartime: legal advice in overseeing management of economy in Office of Economic Stabilization and Office of War Mobilization: facilitating war production

Growing interest in human rights and civil liberties that shaped his later career

Advocate of executive power to manage economy and win war

Delegate at Dumbarton Oaks: planning for postwar UN: His passion

Advocate of international law and UN to maintain peace

Feared obstinate or ailing FDR might be obstacle as sick Wilson had been to postwar peace and joining UN

Advent of Cold War Worked Closely with Byrnes in OES

and OWM and State Pressure to respond to Soviet moves

in Eastern Europe as Cold Warrior Cohen not suited for this role: his

partner in Destroyers-Bases memo, Dean Acheson, became ‘Present at the Creation’ as Secretary of State

Consulted with State in recognition of Israel

Cohen and Postwar Peace He had chosen a new career in

foreign policy to build the peace not to wage war, and as Cold War heated up, he became much less directly involved in policy in DC

UN delegate, argued first US case at ICJ in Hague in 1950

UN Disarmament Commission 1952

Leaves Government permanently in 1953 Able to speak freely Early critic of Vietnam involvement

(1961) Concerned about arms race, civil rights

advocate Believed in importance of UN: argued US

involvement in Vietnam violated UN Charter

Conclusion Benjamin Cohen sought to use the law as an instrument

to regulate abuses of power He shifted his attention from domestic to international

regulation He initially advocated the expansion of presidential

power to meet threats on both fronts, but… The two world wars convinced him that

international law, international organization, and arms reduction were crucial to the maintenance of peace

His experience taught him that the failure to embrace the League of Nations and the United Nations was a fatal error

His estate therefore contributed to funding for research into peace at his hometown university: Ball State University