Papers Relating to the Foreign Relations of the United States, The Paris Peace Conference, 1919, Volume III

Paris Peace Conf. 180.0201/6

Preliminary Peace Conference, Protocol No. 6, Plenary Session of May 6, 1919

May 29, 1919, 3 p.m.

The Session is opened at 15 o’clock (3 p.m.) under the presidency of Mr. Clemenceau, President.^*

• Present
  • For the United States of America:
    • The President of the United States.
    • Honorable Robert Lansing.
    • Honorable Henry White.
    • Honorable Edward M. House.
    • General Tasker H. Bliss.
  • For the British Empire:
  • great britain:
    • The Rt. Hon. David Lloyd George.
    • The Rt. Hon. A. J. Balfour.
    • The Rt. Hon. A. Bonar Law.
    • The Rt. Hon. G. N. Barnes.
    • The Rt. Hon. Sir Joseph Ward, Bt.
  • Dominions and India:
  • canada:
    • The Rt. Hon. Sir Robert Borden.
    • The Rt. Hon. Sir George Foster.
  • australia:
    • The Rt. Hon. W. M. Hughes.
    • The Rt. Hon, sir Joseph Cook.
  • south africa:
    • General The Rt. Hon. Louis Botha.
    • Lieut-General The Rt. Hon. J. C. Smuts.
  • new zealand:
    • The Rt. Hon. W. F. Massey.
  • india:
    • The Rt. Hon. The Lord Sinha.
    • Major-General His Highness the Maharaja of Bikaner.
  • For France:
    • Mr. Clemenceau.
    • Mr. Pichon.
    • Mr. L. L. Klotz.
    • Mr. André Tardieu.
    • Mr. Jules Cambon.
    • Marshal Foch.
  • For Italy:
    • Mr. Crespi.
  • For Japan:
    • The Marquis Saionji.
    • The Baron Makino.
    • Viscount Chinda.
    • Mr. K. Matsui.
  • For Belgium:
    • Mr. Hymans.
    • Mr. van den Heuvel.
    • Mr. Vandervelde.
  • For Bolivia:
    • Mr. Ismael Montes.
  • For Brazil:
    • Mr. Epitacio Pessõa.
    • Mr. Pandia Calogeras.
    • Mr. Rodrteo Octavio.
  • For China:
    • Mr. Lou Tseng-tsiang.
    • Mr. Cheng-ting Thomas Wang.
  • For Cuba:
    • Mr. Antonio Sanchez de Bustamante.
  • For Ecuador:
    • Mr. Dorn y de Alsua.
  • For Greece:
    • Mr. Eleftherios Veniselos.
    • Mr. Nicolas Politis.
  • For Guatemala:
    • Mr. Joaquin Mendéz.
  • For the Hedjaz:
    • Mr. Rustem Haidar.
  • For Honduras:
    • Dr. Policarpo Bonilla.
  • For Liberia:
    • Hon. C. D. B. King.
  • For Nicaragua:
    • Mr. Salvador Chamorro.
  • For Panama:
    • Mr. Antonio Burgos.
  • For Peru:
    • Mr. Carlos G. Candamo, Envoy Extraordinary and Minister Plenipotentiary of Peru at Paris.
  • For Poland:
    • Mr. Roman Dmowski.
    • Mr. Ignace Paderewski.
  • For Portugal:
    • Dr. Affonso Costa.
    • Mr. Augusto Soares.
  • For Roumania:
    • Mr. Jean J. C. Bratiano.
    • Dr. Vaida-Voevod.
  • For Serbia:
    • Mr. N. P. Pachitch.
    • Mr. Trumbitch.
    • Mr. Ivan Zolger.
  • For Siam:
    • The Prince Charoon.
    • The Prince Traidos Prabandhu.
  • For the Czecho-Slovak Republic:
    • Mr. Charles Kramar.
    • Mr. Edouard Benes.
  • For Uruguay:
    • Mr. Juan Antonio Buero.

As the question of responsibility for the war had not been brought up for discussion at the previous Session, although placed on the Agenda paper,

The President inquires whether any of the Delegates desire to offer observations in that connection.

Dr. Bonilla (Honduras) draws the attention of the Conference to the wish expressed by the Honduranean Delegation in regard to the question of responsibility for the war, the text of which had been deposited with the Secretariat-General. (See Annex.)

As no other Delegate asks leave to speak, the President states that the Agenda paper calls for the discussion of the Conditions of Peace with Germany, and requests Mr. Tardieu (France) to make an explanatory statement of those conditions to the Conference.

Mr. Tardieu (France): Gentlemen, the text of the Preliminaries of Peace with Germany comprises 15 Parts; I will give their titles in advance, in order to throw light on the rest of my statement:—

• 1st Part: League of Nations.
• 2nd Part: Frontiers of Germany.
• 3rd Part: European political clauses.
• 4th Part: Political clauses outside Germany and outside Europe.
• 5th Part: Military, naval, and aerial clauses.
• 6th Part: Prisoners of war.
• 7th Part: Responsibility and enforcement of penalties.
• 8th Part: Reparation.
• 9th Part: Financial clauses.
• 10th Part: Economic clauses.
• 11th Part: Clauses regarding aerial navigation.
• 12th Part: Ports, railways, and waterways.
• 13th Part: Labor legislation.
• 14th Part: Guarantees.
• 15th Part: Miscellaneous clauses.

The first Part, which relates to the League of Nations, was adopted at the last Plenary Session of the Conference, and I am therefore inclined, in order to save the time of the Conference, not to give to-day an analysis of a text with which you are completely acquainted.

I will therefore pass on to the other Parts of my explanatory statement and will read them to you.

Part II.—Boundaries of Germany

(A.)—Boundaries of Germany except Eastern Russia [East Prussia]

1. With Belgium:

The north-eastern boundary of the territory of Moresnet, east of the Kreis of Eupen, west of the Kreis of Montjoie (former frontier), north-east and east of the Kreis of Malmédy as far as Luxemburg.

2. With Luxemburg:

The frontier of 1914.

3. With France:

The frontier of July, 1870, from Luxemburg to Switzerland (the Customs frontier being that of the territory of the Saar Basin).

4. With Switzerland:

The present frontier.

5. With Austria:

The frontier of 1914, up to Czech o-Slovakia.

6. With Czechoslovakia:

The frontier of 1914, with Bohemia and Silesia, so far as the salient to the east of Neustadt.

7. With Poland:

From the point defined above; east of Falkenberg, the boundary between Upper and Middle Silesia, west of Posnania, the course of the Bartsch, the boundary between (the Kreis of) Guhrau and Glogau, the boundary between Lissa and Fraustadt, southwest of Kopnitz, west of Bentschen, the northern point of Lake Chlop, the boundary between Schwerin and Birnbaum, the boundary between Filehne and Czarnikau, west and north of Schneidemühl, a line 8 kilometers to the west of the railway Schneidemühl–Konitz, west-north-west of Konitz, the boundary between Konitz and Schlochau, the boundary of West Prussia to 8 kilometers south-east of Lauen-burg, east of Hohenfelde and of Chottschow, the coast of the Baltic Sea to the north-north-west of Chottschow.

8. With Denmark:

The frontier as fixed by special Articles.

(B.)—Boundaries with East Prussia

The coast of the Baltic Sea to the north of Proebbernau, the bend of the Elbinger Channel, the course of the Nogat, of the Vistula, the southern boundary (of the Kreis) of Marienwerder, of Rosenberg, the boundary between West Prussia and East Prussia, the boundary between Osterode and Neidenburg, the course of the Skottau, of the Neide, north of Bialutten, the former Russian frontier up to the east of Schmalleningken, the course of the Niemen, the Skierwieth arm of the delta to the Kurisches Haff; the frontier cuts the Kurische Nehrung 4 kilometers to the south-west of Nidden.

Part III.—Political Clauses for Europe

Section I.—Belgium

The Treaties of 1839 will be abrogated and may be replaced by Conventions between Belgium, the Netherlands and the Allied and Associated Powers; Germany binds herself to recognize these Conventions.

Germany recognizes the sovereignty of Belgium over the contested territory of Moresnet. She renounces Prussian Moresnet to the west of the road from Liège to Aix-la-Chapelle. She cedes to Belgium the Kreise of Eupen and Malmédy. Under the Belgian authorities, the inhabitants will have six months within which to express their desire to remain, wholly or in part, under German sovereignty. Belgium will thereupon accept the decision of the League of Nations.

Section II.—Luxemburg

Germany renounces the benefit of all the treaties relating to Luxemburg, recognizes that the Grand Duchy has ceased to form part of the German Zollverein, renounces all rights to the exploitation of the railways, adheres to the termination of the neutrality of the Grand Duchy, and accepts in advance all international arrangements which may be concluded in regard to that country by the Allied and Associated Powers.

Section III.—Left Bank of the Rhine

Germany will neither maintain nor construct any fortifications either on the left bank of the Rhine or at a distance of less than 50 kilometers from the east bank of the Rhine. In the area thus defined, Germany will not maintain any armed force, will undertake no military maneuvers and will preserve no material facilities for mobilization.

Section IV.—Saar Basin

The Section relating to the Saar Basin:

1. Fixes the boundaries of the territory to which the stipulations of the Treaty apply;

2. Records the cession to France of the complete and absolute ownership, unencumbered and free from all debts or charges (with exclusive rights of exploitation) of the coal mines of the Saar Basin, as compensation for the destruction of the coal mines in the north of France, and as part payment towards the total reparation due from Germany;

3. Assures to France, as owner of the mines, all the economic and juridical guarantees requisite for their exploitation;

4. Determines the rights of the population and the status of workmen;

5. Fixes for a period of 15 years the political and administrative régime of the territory of the Saar Basin, as Germany renounces in favor of the League of Nations the government of the said territory during that period;

6. Determines the rules of voting, whereby, at the expiration of the period of 15 years, the population of the territory of the Saar Basin will freely make known under which sovereignty it desires to be placed.

boundaries

The territory of the Saar Basin comprises the Kreise of Sarrelouis, Sarrebrtück, Ottweiler, Saint-Ingbert, part of the Kreise of Mersig, of Saint-Wendel, of Homburg and of Deux-Ponts.

It is bounded:

To the south and west by the new frontier of France.

To the north by the administrative boundaries of the Kreise or cantons incorporated in the said territory, following a general line leaving the Saar at 5 kilometres to the north of Mettlach and rejoining to the south-east of Mettnich the southern frontier of the Principality of Birkenfeld.

To the east by a line passing about 4 kilometres north-east of Saint-Wendel, leaving Breitenbach and Waldmohr outside the territory of the Saar, encircling Homburg, following the line of the crest of the east bank of the Blies and rejoining the French frontier to the south of Hornbach.

This area comprises 161,000 hectares.

Its population is 647,000 inhabitants.

cession of mines

The complete and absolute cession applies to all deposits of coal, whether concessions have been granted for them or not, to all their accessories and plant both on and below the surface, especially their electric power stations, stocks, employees’ and workmen’s dwellings, &c., and in general to everything of which those who own or exploit the mines have the possession or enjoyment.

guarantees for exploitation

These guarantees apply to railway and canal tariffs, to transport material required for the personnel or products of the mines, to subsidiary works on the ways of communication or to purchases of land which France may regard as necessary for purposes of exploitation, to hospitals, schools of French language, &c., created by France for the personnel of the mines and their dependencies, to the distribution, despatch and determination of the sale prices of products.

All measures of forfeiture, forced sale, expropriation or requisition are forbidden so far as the mines and their dependencies are concerned. The same guarantee against requisition is established so far as concerns the personnel. No impediment shall be placed in the way of the introduction of any labor which the French State may deem necessary. France shall always be entitled to demand the application for purposes of exploitation of the provisions of German mining legislation in force on November 11th, 1918.

The amount contributed by the mines either to the budget of the territory or to the communal funds shall be fixed with due regard to the ratio of the value of the mines to the total taxable wealth of the territory.

Every person whom the French State may substitute for itself in respect of the whole or part of its rights shall enjoy the same prerogatives.

guarantees for the population

The workmen retain all the rights assured to them by German legislation in force on the 11th November, 1918. Those who are of French nationality shall have the right to belong to French Labor Unions.

The French State will guarantee for the local consumption of the territory a quantity of coal equal to the proportion existing in 1913 between the amount consumed locally and the total output of the Saar Basin.

political and administrative régime

The Government of the territory of the Saar Basin will be entrusted to a Commission of five members, appointed by the Council of the League of Nations and comprising one French member, one native inhabitant of the Saar Basin not a citizen of France, and three belonging to countries other than France or Germany. The Chairman of the Commission, selected from among these five members by the Council of the League of Nations, is the executive agent of the Commission. His powers, in the same way as those of the members, run for one year, and are renewable.

This Commission shall possess within the territory all the powers formerly belonging to Germany, Prussia, or Bavaria, especially for the appointment and dismissal of officials, the administration and operation of all public services, including railways and canals, the protection abroad of the interests of the inhabitants, the modification of laws in case of need, the organization of justice, which will be rendered in its name, the levying of taxes and dues; also the power to decide all questions arising from the interpretation of the Treaty.

The inhabitants will retain their nationality. However, those who desire to acquire a different nationality may do so without any loss of their rights. They will be entitled to vote, without distinction of sex, for the local assemblies. There will be no military service and no fortifications. A local gendarmerie will be organized. The conditions of labor shall only be modified after consultation with the workmen and in accordance with the principles adopted by the League of Nations.

No modification may be made in the régime for the exploitation of the mines without the French State being previously consulted.

The territory shall be subjected to the French Customs régime.

During five years, from the date of the coming into force of the present Treaty, products which originate in or pass from the Basin shall enjoy freedom from import duties in Germany, and, during the same period, the importation from Germany into the territory of the Basin of articles destined for local consumption shall likewise be free of import duties.

During these five years the French Government reserves to itself the right of limiting to the annual average of the quantities imported into Alsace-Lorraine and France during the years 1911–13, the quantities which may be sent of all articles coming from the Basin which include raw materials or semi-manufactured goods imported duty free from Germany; such average shall be determined after reference to all available official information and statistics.

No prohibition or restriction shall be imposed on the circulation of French money.

plebiscite

At the end of fifteen years, all persons resident in the territory at the date of the signature of the Treaty will have the right to vote on the definite régime. There are three alternatives:—

Maintenance of the régime described above; union with France; union with Germany. The vote will be taken by communes or districts. The League of Nations will determine the definite régime, taking into account the vote given by the inhabitants.

If a portion of the mines is situated in a district united with Germany, the latter, except in the case of a direct agreement between herself and France, must repurchase that portion at a price payable in gold and fixed by experts. If, within a period of six months following the decision of the experts, the price fixed has not been paid, France will acquire definite sovereignty over the territory in question. If Germany repurchases the mines in question, she is bound thenceforward to sell to the French State or French nationals such quantity of coal of the Saar Basin as may be warranted by their needs at that time.

Section V.—Alsace-Lorraine

restoration

The High Contracting Parties recognize the moral obligation to redress the wrong done by Germany in 1871, both to the rights of France and to the wishes of the population of Alsace and Lorraine, which were separated from their country in spite of the solemn protest of their representatives at the Assembly of Bordeaux.

Therefore:

The territories seized from France in 1871 are restored to French sovereignty as from the 11th November, 1918.

Germany shall hand over to France all the administrative documents, archives, &c., relating to these territories.

public debt and state properties

In consideration of the fact that Germany, in 1871, refused either to assume a portion of the French debt or to pay for the properties and estates of the French State, the territories of Alsace-Lorraine shall return to France unencumbered and free from all charges. All the properties of the Empire, of the German States, of the Crown, and of former sovereigns, &c., are transferred to France without compensation.

France will collect all taxes leviable since the 11th November, 1918.

nationality

The nationality of the inhabitants shall be settled by a separate agreement between France and Germany on the following general bases:—

A distinction is made between the inhabitants who are reinstated in French nationality as of right (Alsace-Lorrainers who lost French nationality in 1871 and their descendants), and those who are entitled to claim French nationality within a year.

France will be solely responsible for the diplomatic and consular protection of all persons who have formulated a demand to this effect.

Germans who may remain domiciled in Alsace-Lorraine can only acquire French nationality by naturalization on special conditions.

private property

As regards private property, France reserves the right to liquidate the property of German nationals, Germany being liable to pay them compensation. However, the property of German nationals who may be authorized to reside in Alsace-Lorraine without acquiring French nationality shall not be liquidated.

Germany shall reinstate Alsace-Lorrainers in possession of all their properties and interests situated in Germany.

In accordance with the stipulations in the Part concerning Reparation, Germany shall grant compensation for all exactions imposed on the civil population in the form of fines.

pensions

The German Government undertakes to bear the expense of civil and military pensions which had been acquired in Alsace-Lorraine oh the 11th November, 1918, and whose maintenance was a charge On the German Empire.

private debts and contracts

The mutual settlement of credits and private debts, of contracts concluded between Alsace-Lorrainers and Germans, of social; insurances, of questions of literary or artistic property, form the subject of special stipulations.

judgments

All civil and commercial judgments given subsequently to the 3rd August, 1914, as between Alsace-Lorrainers on the one hand, and Germans or subjects of a Power allied to Germany on the other hand, shall only be capable of execution after the issue of an exequatur by the corresponding new Court of Alsace-Lorraine.

All judgments given against Alsace-Lorrainers for political crimes or misdemeanors are annulled.

All appeals to the Imperial Court shall be suspended.

ways of communication

As regards Ways of Communication:—

(a.) The régime for the Rhine is fixed by the Part entitled Ports, Waterways and Railways.

(b.) The bridges over the Rhine become French property.

(c.) The Port of Kehl and the Port of Strasbourg shall be constituted a single unit with a French manager, subject to the supervision of the Central Rhine Commission, during a period of seven years, which may be extended, for a further period of three years by the aforesaid Commission.

(d.) All rights and railway concessions belonging to the Empire (that is to say as regards the Alsace-Lorraine system) are transferred to France, without payment.

economic clauses

As regards economic matters:—

(a.) For a period of five years, the products of Alsace-Lorraine shall be imported into Germany duty free, up to an amount of the average quantities sent annually in the years 1911–13.

(b.) During the same period yarns, tissues, &c., which have completed a finishing process in Alsace, shall be exported freely from Germany, exempt from all customs, dues or other charges, and shall be re-imported similarly.

(c.) The supply of electric power from the power stations on the right bank shall continue for a period of ten years, up to the amount of the consumption on the 11th November, 1918.

(d.) Germany renounces all stipulations providing for an intervention in the trade in potash salts, and the benefit of all agreements or laws affecting other products of Alsace-Lorraine.

(e.) France retains the right to prohibit in future all fresh German participation, in Alsace-Lorraine, in all exploitations or public services, in mines or quarries, and in metallurgical establishments.

Section VI.—German Austria

Germany acknowledges and will strictly respect the independence of Austria within the frontiers which may be fixed in a Treaty between that State and the Principal Allied and Associated Powers; she agrees that this independence will remain inalienable, except with the consent of the Council of the League of Nations.

Section VII.—Czecho-Slovak State

Germany recognizes the complete independence of this State, which will include the autonomous territory of the Ruthenians to the south of the Carpathians. She recognizes the frontiers of this State as determined by the Allies.

Czecho-Slovak nationality is recognized as acquired by all German nationals habitually resident in Czecho-Slovak territory.

Within a period of two years these German nationals will be entitled to opt. The same provisions apply to Czecho-Slovaks who are German nationals, and are habitually resident in Germany or living abroad.

Section VIII.—Poland

Germany renounces in favor of Poland the territories bounded by the Baltic, the western frontier of Poland, the former frontiers between Austria and Germany, and Russia and Germany, as far as the Niemen (this does not apply to East Prussia and the Free City of Danzig), those boundaries being defined in Part II.

A Commission, consisting of seven members (five being nominated by the principal Allied and Associated Powers, one by Germany and one by Poland) shall delimit on the spot the frontier line between Poland and Germany.

Poland will grant to persons and to means of transport coming from or destined for East Prussia the same rights as she gives to her own nationals.

German nationals habitually resident on Polish territory will acquire Polish nationality. A special authorization from the Polish State will be necessary for those who became resident subsequently to April 26th, 1886.

Within a period of two years these German nationals will be entitled to opt. The same provisions apply to Poles who are German nationals and habitually resident in Germany, or living abroad.

Poland consents to embody in a Treaty with the principal Powers:—

(i.) Such provisions as those Powers may deem necessary to protect the interests of inhabitants of Poland who differ from the majority of the population in race, language, or religion.

(ii.) Provisions destined to protect freedom of transit and to secure equitable treatment for the commerce of other nations.

Section IX.—East Prussia

In a stated area along the southern frontier the inhabitants will indicate by a vote the State to which they wish to belong.

Within a period of fifteen days the German troops and authorities will be withdrawn from this area, and will abstain from making any requisitions therein. The said area will thereupon be placed under the authority of a Commission of five members appointed by the Allies. This Commission will be charged with the administration and will arrange for the vote of the inhabitants, the result of which will be. determined by communes. Thereafter the Commission will propose a frontier line. The Principal Allied and Associated Powers will fix the frontier. The German and Polish authorities will then be entrusted with the administration of their respective territories, and the powers of the Commission will terminate.

Like provisions will apply to the Kreise of Stuhm and Rosenberg, and to the Kreise of Marienburg and Marienwerder to the east of the Vistula.

The Principal Powers will fix the terms of a convention between Poland, Germany, East Prussia, and Danzig in regard to facilities for railway communication on the right bank of the Vistula, between Poland and Danzig.

Section X.—Memel

Germany renounces the territories comprised between the Baltic, the frontier of East Prussia (defined in Part II), and the former Russo-German frontier.

Section XI.—Free City of Danzig

Germany renounces in favor of the Principal Allied and Associated Powers the territory defined as follows:

From the Baltic Sea, the western frontier of East Prussia (as above defined) to the meeting of the Vistula with the Nogat; downstream, the Vistula as far as a point 6.5 kilometres to the north of Dirscltau; thence, westwards, a point 8.5 kilometres to the north-east of Schoneck; then by the median lines of the Lonkener See and the Pollenziner See, to a point on the coast 1 kilometre south of Koliebken.

A Commission composed of three members, including a High Commissioner appointed by the Principal Powers, one member appointed by Germany and one member appointed by Poland, shall be; constituted within 15 days of the coming into force of the present Treaty, for the purpose of delimiting on the spot the frontier.

The City of Danzig, together with the territory defined above, is established as a Free City.

The constitution of the Free City shall be drawn up, in agreement with a High Commissioner of the League of Nations, by representatives of the City, and shall be placed under the guarantee of the League of Nations.

The High Commissioner, resident in Danzig, shall deal in the first instance with all differences arising between Poland and the Free City.

A Convention, the terms of which shall be fixed by the Principal Powers, shall be concluded between Poland and Danzig with the following objects:—

1. To place Danzig within the limits of the Polish customs frontiers, with a free area in the port;

2. To ensure to Poland the free use of all waterways, docks, basins, wharves, etc., necessary for her imports and exports;

3. To ensure to Poland the administration of the Vistula and of the railway system of Danzig (except ways of purely local interest) and of postal, telegraphic and telephonic communication between Poland and Danzig;

4. To provide against any discrimination to the detriment of Poles within the Free City;

5. To provide that the Polish Government shall undertake the conduct of the foreign relations of the Free City and the protection of its citizens abroad.

German nationals ordinarily resident in Danzig will become citizens of the Free City. During two years these residents will be entitled to opt for German nationality.

All property belonging to the Empire or to any German State situated within the territory of the Free City shall pass to the Principal Powers for transfer to Danzig or to Poland according to the decision of those Powers.

Section XII.—Schleswig

The frontier between Germany and Denmark shall be fixed in conformity with the wishes of the population.

A vote will be taken by the inhabitants of the territories of the former German Empire situated to the north of the following line: south bank of the Schlei to the south of Schleswig, the River Reider Au as far as Hollingstedt and including it, the road leading to Husum, which is included, and to the south of the islands of Nordstrand, Sudfall, and Suderoog.

Conditions relating to the vote:

The withdrawal, within a period of ten days, of the German authorities and troops, the dissolution of the Workmen’s and Soldiers’ Councils in that area, which shall be placed immediately under the authority of an International Commission of five members, of whom three will be designated by the Principal Powers. The Norwegian and Swedish Governments will each be requested to designate a member.

In one defined section, which forms the northern part of the above-mentioned area, the vote shall be taken within three weeks after the German evacuation. If the vote is in favor of the restoration of this section to Denmark, she will be entitled to occupy it immediately.

In the second defined section, situated to the south of the first one, the vote shall be taken within a period of five weeks after the plebiscite in the first section. The result will be determined by communes.

In the third section, the vote will be taken within a period of two weeks after the plebiscite in the second section, and in the same conditions.

A Commission composed of seven members, five of whom shall be nominated by the Principal Powers, one by Denmark and one by Germany, shall fix the frontier line on the spot.

Pending this final delimitation, the principal Powers will fix a frontier line according to the result of the votes and the proposals of the International Commission. From that time, Denmark and Germany will be entitled to occupy the territories situated to the north and south of that frontier line respectively.

All the inhabitants of the territory which is returned to Denmark thus acquire the right to Danish citizenship. An authorization from the Danish Government will be necessary for persons who had become habitually resident after the 1st October, 1918.

Within a period of two years, any person born on the territory which is restored to Denmark, not habitually resident in that region, and possessing German nationality, will be entitled to opt for Denmark. Any person habitually resident in that territory will be entitled to opt for Germany.

Special stipulations will determine the proportion of the obligations of Germany which are to be assumed by Denmark.

Section XIII.—Heligoland

The fortifications, military establishments and harbors shall be destroyed under the supervision of the Allies by the agency and at the expense of the German Government. Germany will not be entitled to reconstruct them.

Section XIV.—Russia and Russian States

Germany acknowledges and will fully respect the inalienable independence of all the territories which were part of the former Russian Empire.

Germany definitely accepts the annulment of the Treaty of Brest-Litovsk, and of all treaties or agreements, whatever they might have been, which Germany concluded with the Maximalist Government.

The Allied and Associated Powers formally reserve all the rights of Russia to obtain from Germany a restitution and a reparation based on the principles of the present Treaty.

Part IV.—German Rights and Interests Outside Germany

In territory outside her European frontiers, Germany renounces all rights concerning all territories belonging to her, as well as all rights which may have belonged to her as against the principal Allied and Associated Powers.

Germany undertakes to recognize the measures which may be taken now or in the future in order to carry the above stipulations into effect.

In particular Germany declares her acceptance of the following stipulations:—

Section I.—German Colonies

Germany renounces in favor of the principal Powers all her rights and titles over her oversea possessions.

All movable and immovable rights in those territories which belonged to the German Empire or to a German State shall pass to the Government exercising authority over such territories.

The latter Government may make such provisions as it thinks fit for the repatriation of German nationals, and for authorizing German subjects of European origin to reside, trade, etc., in those territories.

The provisions of Part X (Commercial Relations) of the present Treaty shall apply in the case of those territories. The provisions of Part IX (Financial Clauses) shall apply in the case of all agreements concluded with German nationals for the construction or exploitation of public works.

Germany undertakes to pay, in accordance with the estimate to be presented by the French Government and approved by the permanent Reparation Commission, reparation for damage suffered by French nationals in the colony of the Cameroons or the frontier zone by reason of the acts of the German civil or military authorities and of German private individuals during the period from the 1st January, 1900, to the 1st August, 1914.

Germany renounces all rights arising out of the Conventions concluded with France on the 4th November, 1911,¹ and the 28th September, 1912.²

Germany undertakes to accept and observe the agreements made or to be made by the Allied and Associated Powers, or some of them, with any other Power, with regard to the tirade in arms and spirits, and to the matters dealt with in the General Act of Berlin of the 26th February, 1885,³ and the General Act of Brussels of the 2nd July, 1890.⁴

The inhabitants of the former German oversea possessions shall be entitled to the diplomatic protection of the Governments exercising authority over these territories.

Section II.—Special Provisions as Regards China

Germany renounces in favor of China all benefits and privileges resulting from the Protocol of Pekin of the 7th September, 1901,⁵ as well as all claims to indemnities accruing thereunder subsequent to the 14th March, 1917.

There shall be applied:

(1) The arrangements of the 29th August, 1902, regarding the new Chinese customs tariff.⁶

(2) The arrangements of the 27th September, 1905,⁷ and of the 4th [9th] April, 1912 (Whang-Poo).⁸ China, therefore, will no longer be bound to grant to Germany the advantages ceded, but annulled at the time of the rupture of diplomatic relations.

Germany cedes to China all the vessels, buildings, installations, arms, munitions, and other Government property situated in the German concessions on Chinese territory. An exception is, however, made in the case of diplomatic and consular residences and offices.

Germany will restore to China all the astronomical instruments carried off in 1900–1901.

Germany agrees to the abrogation of the lease contracts relating to the concessions at Hankow and Tientsin. China declares her intention of opening these areas to international residence and trade. Germany waives all claims arising out of the internment of German nationals in China and their repatriation, out of the seizure of ships, of the disposal of German properties or rights in China since the 14th August, 1917.

Germany renounces the German State property in the British Concession at Shameen (Canton) and the property of the German school situated in the French Concession at Shanghai.

Section III.—Special Provisions Relating to Siam

Germany recognizes that all Treaties, Conventions, and Agreements concluded between her and Siam terminate as from the 22nd July, 1917.

All goods and property in Siam belonging to the Empire or to any German State pass as of right and without compensation to the Siamese Government.

The goods, property, and private rights of German nationals in Siam shall be liquidated in accordance with the provisions of the general Economic Clauses.

Germany waives all claims against the Siamese Government on behalf of herself or her nationals arising out of the seizure of vessels, the liquidation of German property or the internment of German nationals. The rights of the parties interested in these liquidations shall be governed by the Economic Clauses (Part X) of the present Treaty.

Section IV.—Special Provisions Relating to Liberia

Germany renounces all rights and privileges arising from the arrangements of 1911–12 regarding Liberia, and particularly the right to nominate a German receiver, and regards all her treaties and arrangements with Liberia as terminated.

The property, rights, and interests of Germans in Liberia shall be dealt with in accordance with the Economic Clauses (Part X) of the present Treaty.

Section V.—Special Provisions Relating to Morocco

1. Germany renounces all rights, titles, and privileges conferred on her by the Act of Algeciras, of the 7th April, 1906,⁹ and by the Franco-German Agreements, of the 9th February, 1909,¹⁰ and the 4th November, 1911.¹¹ All treaties and arrangements concluded by her with the Sherifian Empire are regarded as abrogated as from the 3rd August, 1914. In no case can Germany take advantage of these instruments, and she undertakes not to intervene in any way in negotiations relating to Morocco which may take place between France and the other Powers.

2. Germany, having recognized the French Protectorate in Morocco, hereby accepts all the consequences of its establishment, and renounces the régime of the capitulations therein. This renunciation shall take effect as from the 3rd August, 1914.

3. The Sherifian Government shall have complete liberty of action in regulating the status of German nationals in Morocco and the conditions in which they may establish themselves there. German protected persons, German semsars and “associés agricoles” shall be considered as having ceased, as from the 3rd August, 1914, to enjoy the privileges attached to their status, and shall be subject to the ordinary law.

4. All movable and immovable rights belonging to the German State in the Sherifian Empire pass as of right to the Maghzen without compensation. All rights belonging to Germans shall be sold by public auction; the proceeds of the sale shall be paid to the Sherifian Government and credited against the sums payable by Germany for reparation of war damages. Germany shall indemnify the German owners. Mining rights which may be recognized as belonging to German nationals by the Court of Arbitration set up under the Morocco Mining Regulations shall form the subject of a valuation, which the arbitrators shall be requested to make; these rights shall then be treated in the same way as property in Morocco belonging to German nationals.

5. The German Government shall ensure the transfer to persons nominated by the French Government of the shares representing Germany’s portion of the capital of the State Bank of Morocco. The value of these shares shall be reimbursed by Germany to the rightful owners; these sums shall be credited against the amounts payable by Germany in reparation for war damages.

6. Moroccan goods entering Germany shall enjoy the terms accorded to French goods.

Section VI.—Special Provisions Relating to Egypt

1. Germany recognizes the British Protectorate claimed on the 18th December, 1914, and renounces the régime of the capitulations as from the 4th August, 1914.

2. The abrogation, as from the 4th August, 1914, of all treaties and arrangements concluded between Germany and Egypt.

3. Temporarily, provision shall be made for the exercise of jurisdiction over German nationals and property by the British Consular Tribunals.

4. The Anglo-Egyptian Government shall have liberty of action as regards the status of German nationals.

5. Germany consents to the abrogation, or modification, of the Decree of the 28th November, 1904 (Commission of the Egyptian Public Debt).

6. Germany consents to the transfer to the British Government of the powers conferred on His Imperial Majesty the Sultan by the Convention signed at Constantinople on the 29th October, 1888 (free navigation of the Suez Canal).¹²

7. The rights of the German State and German nationals in Egypt (provisions similar to those made in respect of Morocco).

8. Anglo-Egyptian goods entering Germany shall enjoy the same treatment as British goods.

Section VII.—Turkey and Bulgaria

Germany undertakes to recognize all arrangements which the Allied and Associated Powers may make with Turkey and Bulgaria with reference to any rights which might be claimed by Germany or her nationals in Turkey and Bulgaria, and which are not dealt with in the provisions of the present Treaty.

Section VIII.—Special Provisions Relating to the Province of Shantung

Germany renounces, in favor of Japan, all the rights which she acquired by her Treaty with China of the 6th March, 1898, and other instruments relating to the Province of Shantung, especially as regards the territory of Kiaochow, railways, mines, and submarine cables.

All German rights in the Tsingtao–Tsinanfu Railway are acquired by Japan, as well as the German State submarine cables from Tsingtao to Shanghai and Tsingtao to Chefoo.

Movable and immovable rights owned by the German State at Kiaochow, as well as those which Germany might claim in connection with this territory, are acquired by Japan.

Part V.—Military, Naval, and Aerial Clauses

Military Clauses

Section I (Military Clauses) reduces the German Army to a permanent police force and deprives Germany of the right and the means of reconstituting a great national army:—

1. By the limitation of effectives, of cadres, of armament, and of the manufacture of war material to the needs, as strictly determined by the Allied and Associated Powers, of a police force of 100,000 mep, including officers.

2. By the abolition of universal compulsory military service, by the institution of recruitment by means of volunteer enlistments for a period of twelve consecutive years and the abolition of all organizations for the preparation of war, organizations of command, training or mobilization.

3. By a prohibition, covering the territories situated both on the left bank of the Rhine and to the west of a line drawn 50 kilometres to the east of the river to maintain or construct fortifications, to preserve any permanent works, such as would facilitate a mobilization, or to maintain troops there.

1. Limitation of Effectives, Cadres, and Armament.

Within two months of the coming into force of the present Treaty, the German Army shall be demobilized and reduced to a maximum strength of seven divisions of infantry and three divisions of cavalry, the composition of which is fixed, forming a total of 100,000 men (including a maximum number of 4,000 officers, and establishments of depots), with the right to create only two army corps headquarters, the composition of which is likewise fixed.

The personnel of the Army administrative services, that of the employés or officials of the German State, and that of the gendarmerie and the local or municipal police forces, is limited and may not be assembled for any military training.

The Great German General Staff and all similar organizations are dissolved.

All war material, whether of German or foreign origin, in excess of the amounts fixed by the Allied and Associated Powers, shall be handed over to these Powers. The manufacture of war material shall in future only be carried out in the factories authorized by the five Allied and Associated Governments and within the limitations laid down in the present Treaty. Germany is forbidden to undertake the manufacture, export or import of any other war material, of gas or prohibited materials, of armoured cars, tanks and all similar constructions.

2. Recruitment and Military Training.

Universal compulsory military service is abolished in Germany.

The German Army may only he recruited by voluntary enlistments for a period of twelve consecutive years for the rank and file, and of twenty-five consecutive years for officers, and the latter must undertake the obligation to serve up to the age of forty-five years at least.

The only military schools which are permitted are those which are indispensable for the recruitment of the officers of the units allowed, and the number of students in them will be in proportion to the vacancies to be filled.

Educational establishments and associations of every description are forbidden to occupy themselves with military questions or to have any connection with any military authority.

All measures of mobilization or appertaining to mobilization are forbidden.

3. Prohibited zone as regards German fortifications, military establishments and troops.

Any fortifications, whatever their nature or importance, and any permanent works such as would facilitate mobilization, are forbidden in the German territories situated to the west of a line drawn 50 kilometres to the east of the Rhine. The existing fortifications shall be disarmed and dismantled, and the permanent works referred to above shall be demolished within a period of three months from the coming into force of the present Treaty.

Germany will not maintain any armed force within the zone defined above, either permanently or temporarily; nor will she undertake any military manoeuvres therein.

Any violation of the foregoing provisions shall be regarded as a hostile act against the Powers signatories of the present Treaty and as calculated to disturb the peace of the world.

Naval Clauses

Section II (Naval Clauses) considerably reduces the navy of Germany and deprives her of the right and means of reconstituting a great war fleet by:

1. The restriction of the fleet to a number of surface vessels of fixed type, and the effectiveness of her war navy, and the prohibition to possess any submarine vessel.

2. The surrender to the five Allied and Associated Governments of all submarines and of all warships in excess of those authorized by the present Treaty.

The breaking up of all warships at present in course of construction.

The disarmament of all auxiliary cruisers and fleet auxiliaries.

3. Freedom of access to the Baltic Sea for all nations.

4. The demolition of the fortifications which forbid access from the North Sea to the Baltic and the restriction of fortifications on the rest of the German coast to a fixed zone subject to conditions laid down by the Allied and Associated Governments.

5. The restriction and supervision by the said Governments during a period of three months of the great wireless telegraphy stations.

1. Limitations of the Fleet and effectives of the German Navy.

After the expiration of a period of two months, the German naval forces in commission must not exceed:

• 6 battleships of the Deutschland or Lothringen type,
• 6 light cruisers,
• 12 destroyers,
• 12 torpedo-boats,

and may not include any submarine, even a commercial submarine. The personnel must not exceed 15,000 men, including officers, recruited by voluntary enlistment for a period of twenty-five consecutive years for the officers and fifteen consecutive years for the men.

2. Surrender, demolition, or disarmament of warships and fleet auxiliaries in excess of the numbers laid down in paragraph 1.

All surface warships, all war material in excess of the number and quantities determined by the Allied and Associated Powers, and all submarines, submarine salvage vessels and docks, shall be handed over to those Powers by Germany. All those in course of construction shall be broken up.

Germany is forbidden to construct or acquire any warships other than those intended to replace the authorized units, of which the type, period of service, and the armament are fixed by the Allied and Associated Governments.

All auxiliary cruisers and fleet auxiliaries shall be disarmed and restored to commercial uses.

3. Freedom of access to the Baltic.

Complete freedom of access to the Baltic shall be ensured to all nations in a fixed area by mine-sweeping and by the demolition of the fortifications which command the maritime routes from the North Sea to the Baltic.

4. Restriction of Fortifications on German Coast.

Independently of the demolition of the fortifications above referred to, Germany is not entitled to strengthen the defences of her coasts or to alter their armament, the particulars of which she is obliged to communicate to all the European Governments.

5. Restriction and Supervision of Wireless Telegraphy.

During the three months following the coming into force of the present Treaty, the wireless telegraphy stations at Nauen, Hanover and Berlin are only permitted to transmit commercial telegrams, and then under the supervision of the Allied and Associated Governments.

Aerial Clauses

Section III deprives Germany of the right of possessing any military or naval air forces (except 100 seaplanes up till October 1st, 1919, to be exclusively employed in searching for mines) or any dirigible, by:

(1.) The demobilization of her flying personnel;

(2.) Freedom of passage and landing and the surrender of material.

1. The whole of the flying personnel shall be demobilized within a period of two months (except 1,000 men to be retained up till 1st October, 1919).

2. All Allied aircraft shall enjoy in Germany freedom of passage through the air, freedom of landing and of transit. During the six months following the coming into force of the present Treaty, the manufacture and importation of aircraft, or parts of aircraft, shall be forbidden in German territory.

All military and naval aeronautical material shall be delivered to the Allied and Associated Governments, including material of any nature whatsoever used or designed for warlike purposes, with the exception of the 100 seaplanes mentioned above.

Supervision of the Reduction of Armaments

Section IV (Inter-Allied Commissions of Control) organizes, through Inter-Allied Commissions working in Germany, the supervision of the execution of the Clauses the purpose of which is to disarm Germany within the time limits fixed by the Treaty.

General Clauses

Section V (General Clauses) grants Germany a period of three months within which to modify her legislation in conformity with the foregoing Clauses and to take all the administrative measures relating to their execution.

Right of Investigation

The Treaty lays on Germany the obligation of giving in future every facility for any investigation which the Council of the League of Nations, acting if need be by a majority vote, may consider necessary.

Part VI.—Prisoners of War

The German prisoners of war will be repatriated as rapidly as possible after the signature of the Treaty of Peace, and the details for carrying into effect the repatriation shall be regulated by a Sub-Commission on behalf of each of the Allied and Associated Powers.

The German prisoners of war and civilians set free shall be transported by the agency and at the expense of the German Government to their domiciles, even if that be in occupied territory, and their repatriation is in that case subject to the approval and supervision of the military authorities of the Allied and Associated Powers.

Prisoners awaiting trial or undergoing sentence for offences against discipline shall likewise be repatriated, with the exception of those who may be condemned for such offences subsequently to May 1st, 1919.

Prisoners guilty of other offences are liable to be kept under detention.

Those who may refuse to be repatriated cannot be sent back. However, the Allied and Associated Governments reserve the right to repatriate them or to send them to a neutral country or to allow them to reside in their own territories.

Repatriation may, moreover, be made conditional on that of prisoners or nationals of the Allied and Associated Powers who may still be in Germany.

The Allied and Associated Governments, as well as the German Government, will communicate to each other a complete list of those who have died and information in regard to the graves of those who have not yet been identified.

Special Clauses

military graves

The Allied and Associated Governments and the German Government undertake to cause to be respected and maintained the graves of soldiers and sailors buried in their respective territories, and to give all facilities to the Commissions appointed by them for the purpose of registering, caring for or erecting suitable memorials over the said graves and to meet requests that the bodies of their soldiers may be transferred to their own country.

Part VII.—Responsibilities for the War and Penalties

William II is publicly arraigned for a supreme offence against international morality and the sanctity of Treaties. He will be tried by a special tribunal composed of five judges, appointed by the Principal Allied and Associated Powers.

A request for his extradition shall be addressed to the Netherland Government.

Persons accused of acts in violation of the laws and customs of war shall be brought before the military tribunals of the Allied and Associated Powers.

Germany undertakes to hand over the persons accused.

In cases where the incriminating acts have been committed against the nationals of several Powers, the military tribunals shall be composed of members of the military tribunals of all the Powers concerned.

Germany undertakes to furnish all necessary documents and information.

Part VIII.—Reparation

The provisions of this heading:—

(i.) Establish the principle of reparation.

(ii.) Define the categories of damage for which compensation is due.

(iii.) Determine the methods of reparation which, in principle, shall extend over a period of 30 years, unless this period be further extended in the event of its being insufficient to enable Germany completely to discharge her debt.

Principles

Germany and her allies recognize their responsibility for all the loss and damage suffered by the Allied and Associated Governments, in whatever place, and Germany binds herself to repair all damage done to the civilian populations and their property, in proportion to the intensity of her military and naval operations on each of the battle fronts. She undertakes, by means of a special issue of bearer bonds, to repay, by 1st May 1926, at latest, to the Allied and Associated Governments all the sums which Belgium was obliged to borrow from them up to the 11th November, 1918, as a consequence of the violation of the Treaty of 1839.¹³

Categories of Damage

Compensation is due for the following categories of damage:

Damage caused by acts of war to civilians or their surviving dependents by personal injury or loss of life.

Damage caused to civilian victims of acts of cruelty, violence, or maltreatment.

Damage caused to civilian victims of all acts of the enemy in territory whether occupied or enemy (which has been injurious to health, capacity to work, or honor), and to the surviving dependents of such victims.

Damage caused by any kind of maltreatment to prisoners of war.

In respect of damage caused to the peoples of the Allied and Associated Powers, all pensions and compensations in the nature of pensions to the military victims of the war and to the dependents of such victims (on the basis of the scales in force in France).

The cost of assistance granted by the Governments of the Allied and Associated States to prisoners of war and to their families and dependents.

Allowances granted by the Governments of the Allied and Associated States to the families and dependents of mobilized persons (on the basis of the scales in force in France).

Damage caused to civilians through being forced by the enemy to labor without just remuneration.

Damage in respect of property, wherever situated, which has been carried off, seized, injured, or destroyed by the acts of the enemy, or damage directly in consequence of hostilities or of any operations of war.

Damage in the form of levies, fines and other similar exactions imposed by Germany on the civil population.

An Inter-Allied Commission, called “The Reparation Commission,” shall acquaint Germany, before the 1st May, 1921, with the amount of the reparation thus chargeable to her, an amount which it is impossible to determine at the present time.

The expenses incurred in respect of repairing and rebuilding shall be calculated according to the cost of reconstruction at the moment when the works are carried out.

The Commission, in fixing on the 1st May, 1921, the total amount of the debt of Germany, may take account of interest due on sums arising out of the reparation of material damage as from the 11th November, 1918, up to the 1st May, 1921.

From the 1st May, 1921, onwards the debt of Germany shall bear interest at 5 per cent. However, the Commission shall have powers to determine at some future time whether the circumstances justify a variation of this rate.

Methods of Reparation

duties of the reparation commission

The Reparation Commission, composed of one Representative of each of the following Powers: United States of America, British Empire, France, Italy, and of one Representative, entitled to a seat in accordance with a settled rotation, of Japan, of Belgium, and of Serbia, shall from time to time consider the capacity of Germany for paying, and shall determine the proportion and methods of the payments to be effected by her.

The seat of the Commission’s permanent bureau is fixed in Paris.

The Commission will possess, generally speaking, the widest powers of supervision and execution as regards the problem of reparation. The Commission is constituted as the exclusive representative of the Allied and Associated Governments for the purpose of receiving, holding, and distributing payments effected by Germany in respect of reparation.

The Commission shall satisfy itself:—

1. That the sums due in respect of reparation shall be a charge upon all the revenues of Germany prior to that for the service of any domestic loan.

2. That the burden supported by the German taxpayer is at least as heavy as that borne by the most heavily taxed taxpayer of any Allied or Associated country.

Any decisions regarding postponements for payment to be granted to the Debtor, or questions involving the sovereignty of the Allied and Associated Powers, must be taken unanimously. In the event of Germany failing to fulfill the engagements which she has undertaken the Commission will propose to the Allied and Associated Powers the necessary measures, which may include economic and financial prohibitions and reprisals, or any other measures deemed necessary. Germany undertakes not to regard such measures as hostile acts.

restitution

All animals, objects and securities, etc., carried off by Germany and identified, as well as cash, shall be restored.

instalments

A sum of 20,000,000,000 gold marks (25,000,000,000 francs) shall be payable between the coming into force of the Treaty and the 1st May, 1921. It shall be paid in gold, commodities, ships, securities, or otherwise, in accordance with the decisions of the Reparation Commission. Out of this sum, but in accordance with the conditions defined in the paragraph below, shall be met the expenses of occupation and the value of such supplies of food and raw materials as may be judged by the Governments of the principal Allied and Associated Powers to be essential to enable Germany to meet her obligation to make reparation.

payments on account

Germany shall hand over forthwith, as a payment on account to be credited against payments in respect of reparation:—

20,000,000,000 marks gold bearer bonds (25,000,000,000 francs), payable not later than the 1st May, 1921, without interest. The payments which Germany is obliged to make in respect of the delivery of the 20,000,000,000 of gold marks mentioned above shall be applied to the amortization of these bonds after deduction of the sums used for the reimbursement of the maintenance expenses of the armies of occupation and for the payment of food stuffs and raw materials. Such bonds as have not been redeemed by the 1st May, 1921, shall then be exchanged for new bonds of the same type of those provided for below.

40,000,000,000 marks gold bearer bonds (50,000,000,000 francs), bearing interest at 2½ per cent, from 1921 to 1926, and thereafter 5 per cent., with an additional 1 per cent, for amortization.

40,000,000,000 marks gold (50,000,000,000 francs), with an undertaking in writing to issue later, when the Reparation Commission shall so decide, a like amount of bonds bearing interest at 5 per cent., with an additional 1 per cent, for amortization.

These bonds shall be held by the Reparation Commission on behalf of each of the interested Powers in respect of its share, and the Commission shall deliver nominative certificates for them which may be transferred by endorsement.

Any fraction of the total amount of ascertained liabilities shall be represented, as regards any yet unpaid portion thereof, by the issue of a bond or other title.

special methods of payment

From now onwards the following objects will or may serve as means of payment:—

(1.) Merchant Shipping.—Germany recognizes the principle of compensation, ton for ton, as regards losses of merchant shipping and fishing boats.

Out of her merchant fleet, she will hand over to the Allied and Associated Powers, in full ownership, the following vessels, both constructed and in course of construction:—

• all merchant ships of 1,600 tons and upwards;
• one-half of those between 1,000 and 1,600 tons;
• one-quarter of the steam trawlers;
• one-quarter of the other fishing boats.

The river boats (in addition to those which are to be restored in the condition in which they were removed) necessary to make good the “equivalent” of the losses sustained by the Allied and Associated Powers up to a maximum cession of 20 per cent, of the German river fleet.

Moreover, the Allied and Associated Powers may cause to be constructed in the German shipping yards during a period of five years a maximum of 200,000 tons per annum.

(2.) Animals, Machinery, Equipment, Tools and like articles of a commercial character for the purpose of meeting immediate needs and as an equivalent for the animals or objects of a similar character which have been removed or destroyed (subject to certain restrictions and limitations).

(3.) Dyestuffs and chemical drugs.—The Allied and Associated Powers have the right to an option to require the delivery of these commodities, up to a total of 50 per cent, of the existing German stocks and thereafter of 25 per cent. of the annual production during a period of five years.

(4.) Coal and its derivatives.—Germany undertakes to make the following deliveries:—

• To France: A fixed quantity of 7,000,000 tons per annum for 10 years, plus a diminishing quantity (varying between 20,000,000 and 8,000,000 tons per annum during 10 years), corresponding to the diminution in productivity of the devastated French collieries.
• To Belgium: 6,000,000 tons per annum for 10 years.
• To Luxemburg: A quantity equal to the pre-war annual consumption of German coal in that country.
• To Italy: An increasing quantity (varying between 4,500,000 and 8,500,000 tons) per annum for 10 years.

The coal intended to replace coal from destroyed mines shall receive priority over all other deliveries.

Finally, during three years Germany will deliver to France annually at her request:

• 35,000 tons of benzol;
• 50,000 tons of coal tar;
• 30,000 tons of sulphate of ammonia.

All or part of the coal tar may be replaced by corresponding quantities of products of distillation.

The prices of these deliveries are fixed by special stipulations; an equivalent amount shall be charged to the credit account of Reparation.

There shall likewise be credited to the Reparation account, in certain circumstances, the proceeds of liquidation of German properties abroad. (See the Financial Clauses.)

Submarine Cables.—The submarine cables, belonging to Germany, which connected that country with foreign countries, are ceded to the Allied and Associated Powers; their equivalent value, in so far as they are privately owned, shall be credited to Germany in the Reparation account.

Part IX.—Financial Clauses

First Charges

The first charge upon all the assets and revenues of the German Empire and its constituent States is the settlement:—

1. Of the expenses connected with the maintenance of the troops of occupation, whether during the Armistice or after the Treaty of Peace.

2. Of the reparation resulting from the Treaty or from subsequent Treaties.

3. Of all other charges imposed on Germany by virtue of these Treaties.

Germany undertakes not to dispose of her gold before the 1st May, 1921, without the express authorization of the Allied and Associated Governments.

Moreover, each of the Allied and Associated Powers retains the rights to dispose of enemy assets and property within its jurisdiction at the date of the signature of the Treaty of Peace.

Renunciation of Treaties

The German Government renounces:—

The benefit conferred by any stipulations inserted in the Treaties of Bucharest¹⁴ and Brest-Litovsk,¹⁵ and in the Treaties concluded since the 1st August, 1914, with Poland, Finland, and the Baltic States.

All rights to representation on, or participation in the control or administration of international, financial, or economic organizations in any of the Allied or Associated States, or in Austria-Hungary, Bulgaria, or Turkey, or in the former Russian Empire.

Transfer of German Property Abroad

The Reparation Commission may, within one year from the signature of the Treaty, demand that the German Government become possessed of and transfer to it within six months all the rights and interests of German nationals in any public utility undertaking or concessions in Russia, China, Austria-Hungary, Turkey, and Bulgaria, and in the former or present dependencies of those States. The German Government shall bear the expense of compensating its nationals so dispossessed.

The German Government undertakes to transfer to the Allied and Associated Powers:—

Any claims which it may have for payment or repayment by the States of Austria-Hungary, Bulgaria, or Turkey.

Any deposits of gold made in German banks by the States allied with Germany, under the head of pledges for loans, security for note issues, provision for payments to be made, etc.

Currencies Allowed for Payment

Any monetary obligation due by the German Government expressed in terms of gold marks shall be payable at the option of the creditors in £ sterling payable in London, gold dollars of the United States of America payable in New York, gold francs payable in Paris, or gold lire payable in Rome.

The expenses of maintenance of the Armies of Occupation representing purchases or requisitions by the Allied and Associated Governments in the occupied territories shall alone be repaid by the German Government in marks at the current or agreed rate of exchange.

All other costs of the Armies of Occupation shall be paid in gold marks.

Cession of State Property

The States to which German territory is ceded shall enter into possession of all property and possessions of the German Empire or the German States and their former Sovereigns situated therein. The value of this property, fixed by the Reparation Commission, shall be paid to the credit of the German Government on account of the sums due for reparation (except as regards property in Alsace-Lorraine in respect of which, in view of the terms on which Germany took back public property in 1871, France shall be exempt from making any payment or credit). (On this subject see the Clauses relative to Alsace-Lorraine, Part III).

On the other hand, the Powers to which German territory is ceded shall, in principle, undertake to pay a portion to be fixed of the debt of the Empire and of the debt of the German State to which the ceded territory belonged. Such portions shall be determined by the Reparation Commission on the total debt as it stood on the 1st August, 1914. As regards Alsace-Lorraine, however, of which Germany in 1871 took possession “free from all debt,” France is exempt from the obligation of assuming any portion of the German debt.

Similarly, Poland shall not undertake to pay any portion of the debt which, in the opinion of the Commission on Reparation, is attributable to the measures taken by the German and Prussian Governments for the German colonization of Poland.

In the case of the former German territories, including colonies, administered by a Mandatory under Article 22 of the Covenant of the League of Nations, neither the territory nor the Mandatory Power shall be charged with any portion of the German debt.

Flags of 1870

Germany shall restore the French flags taken in 1870 and 1871.

Part X.—Economic Clauses

The Economic Clauses, divided into seven sections, include:—

(a.) Stipulations relative to the future regulation of commercial relations, whether connected with customs, shipping, methods of competition, or the rights of establishment in Germany which nationals of the Allied and Associated Powers shall enjoy.

(b.) Stipulations relative to Treaties, Conventions, and Agreements of an economic character, whether Treaties to which one or more of the Allied and Associated Powers were parties with Germany or Treaties concluded by Germany with her Allies.

(c.) Finally, stipulations relative to the regulation of private interests, whether pre-war debts and contracts, or measures for the liquidation and disposal of private property, rights and interests, or the control of industrial property (patents, trade marks, licenses, &c.).

Commercial Relations

customs

The first section, which regulates commercial relations, begins with the clauses relating to customs.

The principle of these clauses is that every favor, immunity, or privilege, direct or indirect, granted by Germany to any Allied or Associated Power, or to any other foreign country, shall ipso facto be extended to all the other Allied and Associated Powers. This principle applies to all forms of import, export, or transit, to all kinds of duties or payments, facilities, or favors affecting not only the goods themselves, but also the means of transport, the place of export or origin, the immediate or final destination of the goods, &c.

Alsace-Lorraine.—Departures from this principle are provided for in the case of the disannexed countries. Notably, for five years products which both originate in and come from the territories of Alsace-Lorraine reunited to France may enter German customs territory free of all duty, and, during the same period, free export from and free reimport into Germany shall be assured to all textile products, in any condition, which Alsatian industry worked up or caused to be worked up in normal times.

Poland.—A similar provision is made as regards the import of the products both originating in and coming from the disannexed Polish provinces, which will enjoy the same freedom from duty for three years.

Luxemburg.—Finally, the Allied and Associated Powers can demand for five years similar treatment for the products of Luxemburg, which has been detached from the Zollverein, and may set up a special customs régime for the occupied German territories, if the economic protection of those districts demands it.

As regards her import tariff, which, according to the above clauses, must be the same for all the Allied and Associated States, Germany can, during the first six months after the coming into force of the Treaty of Peace, impose only the most favorable customs duties which were in force in July, 1914, and this provision shall afterwards remain in force for a further period of thirty months for certain specified products (wines, vegetable oils, &c.).

shipping régime

The shipping régime is based on the following principle: The same treatment for Allied and Associated vessels in German ports as for German boats; most-favored-nation treatment for coasting trade, fisheries, and towage, even in German territorial waters; supervision of the fisheries of the Allied and Associated Powers in the North Sea by vessels belonging to those States, without German participation; recognition by Germany of ships’ papers issued by the Allied and Associated States and of the flags of the vessels of the new States registered at a specified place in those States, even if they have no sea coast.

unfair competition

Two detailed provisions aim at the repression of unfair methods of competition. The German Government binds itself to take all legislative and administrative measures for the protection of the products and trade-marks of the Allied and Associated Powers, and undertakes, on condition of reciprocity, to observe all the laws and administrative and judicial decisions in force in the Allied and Associated countries as regards the appellations of origin of wines and spirits.

right of establishment in germany

The right of Allied and Associated nationals to establish themselves in Germany, which is the subject of a special chapter, is based on the principle of the most favored nation as regards the exercise of occupations and professions, trade and industry, and on the principle of national treatment as regards any charges, taxes, imposts, or restrictions applicable to persons, property, rights, or interests.

Special stipulations provide for the protection which these persons, this property, these rights and these interests shall enjoy, for free access to the Law Courts and for the establishment of Consulates.

Finally, precautions are taken against the double nationality with which the Delbrück Law endowed Germans in foreign countries.

In the absence of special stipulations regarding their duration, the clauses grouped in the first section are permanent. Some of them are limited to five years, subject to eventual prolongation by decision of the Council of the League of Nations; others, on the other hand, will remain in force after that period, with or without amendment, and with or without reciprocity, according to the nature of the case.

Economic Treaties

Section II first deals with the replacement in force or the abrogation of the Economic Treaties formerly concluded between the Allied and Associated Powers and Germany, and enumerates those of the multilateral Treaties which alone shall henceforth be applied by those Powers in their relations with Germany. Certain special stipulations define, complete, or modify some of these Treaties or certain of their clauses.

Thus, Germany binds herself, as regards postal and telegraphic Conventions, not to withhold her consent from the conclusion of special arrangements by the New States, and undertakes to adhere to any new Convention which may be concluded on the subject of wireless telegraphy.

Treaties concluded between one of the Allied and Associated Powers and Germany are, moreover, the subject of a special Article which leaves to each of the Allied and Associated Powers, under clearly defined conditions, the initiative in putting these Treaties again into force, and lays down the procedure to be followed.

The Allied and Associated Powers make Germany recognize the abrogation of all the Treaties, Conventions, and Agreements which she has concluded with Austria, Bulgaria, Hungary and Turkey since the 1st August, 1914, and secure for themselves the advantage of the Treaties, Conventions, or Agreements concluded between the same enemy Powers and Germany before the 1st August, 1914, as well as of those which have been concluded between Germany and neutral Powers since the 1st August, 1914.

Finally, all Treaties, Conventions, and Agreements are abrogated which were concluded by Germany before or since the 1st August, 1914, with Russia or any State or Government the territory of which previously formed part of Russia, as well as with Roumania.

Concessions, privileges, and favors, of whatever nature, are also annulled which Germany or German nationals by force or in the course of military occupation may have obtained since the 1st August, 1914, from an Allied or Associated Power, from Russia, or from any State or Government the territory of which previously formed part of Russia, either by Treaty, Convention, or Agreement, or by the act of any public authority.

Charges or indemnities which may result from this annulment shall be payable by Germany.

Industrial Property

re-establishment of rights of property

A special class of private interests is that of rights in industrial, literary, or artistic property. The Convention of Paris (1883)¹⁶ and the Convention of Berne (1886)¹⁷ are the fundamental charters of these. These Conventions are again put into force.

Rights in industrial property from which belligerent States have permitted departures during the war are re-established and restored. This re-establishment or recognition of rights is, however, subject to certain reservations as regards the rights of German nationals.

Exceptions.

1. Measures taken with regard to these by virtue of the Laws of War by the Allied and Associated countries remain valid, and can give rise to no action on their part.

2. Each Government of an Allied or Associated country remains free to impose on the rights of Germans in industrial, literary, and artistic property, with the exception of factory or trade-marks, the limitations and restrictions which it may think necessary for national defense or in the public interest, or to secure the fulfilment by Germany of obligations which she will have undertaken by the Treaty of Peace. With this object each Government may either itself use those rights or grant licenses for their use, or reserve to itself the control of their use.

3. It is understood that the rights of Germans interested in stocks-in-trade or industrial or commercial undertakings which have been, or will be, liquidated, will receive the same treatment as those stocks or undertakings.

time allowed for compliance, etc.

A minimum period of one year after the coming into force of the Treaty shall be allowed in all the signatory countries for the fulfilment of formalities, payment of taxes, &c, in accordance with the laws of each country, with a view to preserve rights in industrial property which had already been acquired on the 1st August, 1914, or to obtain those which have been demanded during the war.

The period between August 1, 1914, and the coming into force of the Treaty shall be excluded in considering the time within which patents should be worked or trade-marks used, and in cases where the time allowed had not expired on August 1, 1914, it shall be extended for a period of six months after the coming into force of the Treaty, with the reservation of the rights of bonafide third parties.

No action on either side shall lie as regards industrial, literary, or artistic property for infringement during the period between the declaration of war and the coming into force of the Treaty.

contracts

Licences concluded before the war between nationals of Allied and Associated countries and German nationals shall be considered as cancelled as from the date of the declaration of war, but the beneficiaries of contracts of this kind shall have the right within six months to demand a new licence. In default of agreement the conditions of this shall be fixed by the competent Courts of the Allied or Associated countries, if the case is one of rights acquired under the legislation of those countries, or by the Mixed Arbitral Tribunal if it is one of rights acquired under German legislation.

Sums paid during the war in virtue of contracts or agreements concluded before the war shall be dealt with in the same manner as other debts or credits of Germans.

Inhabitants of territories separated from Germany shall throughout the rest of German territory continue to enjoy the rights which they possessed under German legislation at the time of the separation.

possibility of eventual nationalization

The Economic Clauses which are to regulate the liquidation of the past and at the same time establish the conditions of exchange and the status of persons and of their property, rights and interests for the future, could not be complete without one preventing Germany from evading her obligations on the ground of nationalization or any similar measure. It has therefore been stipulated that, if the German Government engages in international trade, it shall not in respect thereof have, or be deemed to have, any rights, privileges or immunities of sovereignty.

private rights and interests

Three sections of the Economic Clauses are devoted to the settlement of the question of private property and interests in enemy countries.

1. Pre-war Debts.—Direct relations as regards the payment of prewar debts between French creditors residing in France and Germans residing in Germany shall be forbidden.

In the expression “pre-war debts” are included not only debts payable before the war, but also those which have fallen due through the war or have arisen out of contracts concluded before the war, or represent sums payable on the coupons of Government securities.

These payments shall be made through the intervention of clearing offices established in each of the countries, which shall collect the sums owed by its nationals to former enemies and pay those owed by the latter to its nationals.

The Governments shall respectively be responsible for the payment of the acknowledged debts of their nationals and, in the case of payments made to their nationals, take any measures which they may think necessary to provide for risks, expenses, or commissions.

The payments provided for above shall be made in the currency of the Allied or Associated Power concerned. If the debt is payable in some other currency, the transaction shall be completed at the prewar rate of exchange, that is to say, either at the rate of exchange stipulated in the contract or at a rate equal to the average cable transfer rate prevailing during the month of July, 1914, between the Allied or Associated Power concerned and Germany.

In principle, the debts in question shall be paid with interest at 5 per cent per annum, unless the contract stipulates, or the law or local custom provides otherwise. Interest shall, however, not be payable on sums due by way of dividend, interest, or other periodical payments which themselves represent interest on capital. Difficulties relating to the acknowledgment of debts shall be jointly examined by the clearing offices of the two countries which shall endeavor to bring the parties to an agreement. If they are unable to agree, the case shall be referred to a mixed arbitral tribunal whose decision shall be final.

The provisions laid down for the settlement of pre-war debts are not, it should be noted, binding on all the Allied or Associated States which may declare, within six months from the coming into force of the Treaty, that they wish the procedure in question to be applied to the settlement of pre-war debts between their nationals and Germans.

2. Property, Rights, and Interests.—This section of the Treaty first provides for immediate discontinuance of all the exceptional war measures and the stay of the measures of transfer in force concerning the property, rights and interests of Allied or Associated nationals in Germany.

On the other hand, the Allied and Associated Powers reserve the right to retain and liquidate the property, rights and interests of German nationals or companies controlled by them within their territories, colonies, possessions and protectorates. The German nationals shall be compensated by Germany on account of their liquidation or retention.

In principle, the exceptional war measures and measures of transfer taken by both parties in relation to enemy goods are considered as final and binding upon all persons. Allied or Associated nationals have, however, the right to compensation for damage or injury to their property caused by the said measures, and the reparation in question shall, if the Allied former owner demands it, be made, if possible, by the restitution to him of his property. Germany must thus restore his property free from all encumbrances or burdens with which it may have been charged after the liquidation, and indemnify all third parties injured by the restitution. In case restitution is not made in kind the proceeds of the sales and all cash assets are restored to the persons entitled thereto or to their Government. This restitution takes place in conformity with the procedure laid down for the payment of debts as regards the countries which follow that procedure.

The property, rights and interests restored in accordance with the Treaties shall be restored and maintained in Germany in the legal position obtaining in respect of the property, rights and interests of German nationals under the laws in force before the war.

No measure in derogation of property rights may be taken in the case of this property which does not equally affect the property of the Germans, and, in that case, adequate compensation must be paid to the Allied or Associated owner.

3. Contracts.—The Treaty lays down as a principle the dissolution of contracts between persons trade between whom was afterwards forbidden.

Important exceptions are, however, made to this rule. Notably it does not apply to contracts concluded between United States citizens, Brazilians, and Japanese, on the one hand, and Germans on the other. Some classes of contracts are excepted from the application of this rule; and lastly, the Allied and Associated Governments may claim, in the general interest, fulfillment of contracts concluded between one of their nationals and a German; but, in that case, the mixed Arbitral Tribunal may award compensation to the party which would suffer a considerable loss in consequence of the change in the conditions of the deal.

The Treaty contains, besides, special provisions for different classes of contracts, notably stock exchange and commercial exchange contracts, security contracts, negotiable instruments, and contracts of insurance.

4. Prescriptions.—The Treaty provides for the suspension, as regards relations between enemies, of all periods of prescription or limitation of right of action, which shall begin to run again three months after the coming into force of the Treaty.

If, on account of failure to perform any act or comply with any formality, prejudice has been caused to an Allied or Associated national, reparation shall be granted to him by the Mixed Arbitral Tribunal. This reparation shall consist, wherever possible or equitable, in the restoration of the rights which have been prejudiced by the measure of execution taken.

5. Judgments.—If a judgment has been given during the war by a German Court against an Allied or Associated national in a case [in] which he was not able to make his defense, the Allied or Associated national shall be entitled to recover compensation fixed by the Mixed Arbitral Tribunal.

6. Mixed Arbitral Tribunal.—For the settlement of questions relative to private property, rights and interests, the Treaty provides for the establishment of a Mixed Arbitral Tribunal. The Treaty describes the mode of forming the Tribunal, and fixes its procedure.

Besides the cases which we have mentioned above, this Tribunal is competent to try all questions, whatsoever their nature, relating to contracts concluded before the coming into force of the Treaty between Allied and Associated nationals and German nationals, always excepting questions which, under the laws of the Allied, Associated or Neutral Powers, are within the jurisdiction of the National Courts of these Powers.

Part XI.—Aerial Navigation

The aircraft of the Allied and Associated Powers shall have liberty of passage over the territory and territorial waters of Germany. They may have access to aerodromes open to national public traffic in Germany on a footing of equality with German aircraft.

Those in transit to a foreign country may fly over Germany and her territorial waters without landing.

Germany shall recognize as valid certificates of nationality, airworthiness, and competency, and licenses issued or recognized by any of the Allied or Associated Powers. She shall assure to their aircraft, as regards internal commercial traffic, most-favored-nation treatment. She shall conform to the air regulations laid down by the said Powers.

These obligations shall remain in force until the 1st January, 1923, unless, before that date, Germany shall have been admitted into the League of Nations or shall have been authorized by the Allied and Associated Powers to adhere to their Convention relative to Aerial Navigation.

Part XII.—Ports, Waterways, and Railways

Freedom of Transit and Navigation

Germany grants free transit in all its forms on her railways and waterways to persons, goods, vessels, carriages, and wagons, etc., of the Allies and Associates; she grants to them the same treatment as to her own nationals, exempts them from customs and transit duties, and shall collect only reasonable taxes.

She shall abstain from all interference in the transit of emigrants, and shall not permit shipping companies or other organizations to exercise an influence on that traffic.

Neither at the places of entry into nor at those of exit from her territory shall she accord different treatment in consequence of origin, destination, nature, nationality, mode of transport, or route.

She shall take no measure (as by combined or other tariffs) to favor German ports to the detriment of Allied or Associated ports.

She will hasten the transport of goods of whatever designation of origin or destination on the same terms as German goods.

She shall facilitate the transport of perishable articles.

Except in the case of the maritime coasting trade, no difference shall be made in the ports or on the navigable waterways of Germany between Allies and Associates and nationals.

The provisions relative to customs, police, security, etc., shall be reasonable and shall not uselessly hinder traffic.

The free zones formerly existing in German ports are maintained.

No import or export duty shall be collected there, but only the taxes necessary for the maintenance and improvement of the port (and those on a footing of equality) and a statistical duty which shall not exceed one per mille ad valorem.

The facilities (warehouses, etc.) shall be in accordance with trade requirements. The goods consumed in the free zones shall be exempt from excise duty.

No discrimination shall be made between nationalities.

The import and export duties collected at the frontier between the free zones and Germany shall be the same as those collected on the other German frontiers.

Transit between the free zone and another State across Germany shall be free from any customs or transit duty, and the freedom of this transit shall be assured.

Elbe, Odes, Niemen

The following rivers are declared international:—

• The Elbe and its tributary the Moldau (from Prague),
• The Oder (from its confluence with the Oppa),
• The Niemen (from Grodno),
• The Danube (from Ulm),

and their lateral canals, channels, etc.

The principles of freedom of navigation apply to these rivers.

German boats may not start a regular service between two ports of an Allied or Associated Power without authority from such Power.

Charges shall be calculated so as to cover only the cost of maintenance and improvement, but the riparian States may collect customs, octroi, and port dues.

Pending the establishment, with the approval of the League of Nations, of a general régime by a general Convention to which Germany adheres in advance, these rivers shall be placed under a temporary régime based on the following principles:—

Limitation of taxes to the amount required to meet the expense of maintenance and improvement.

Maintenance at the expense of the riparian States.

An appeal to the League of Nations in case of negligence on their part or of works which appear hurtful to navigation.

The Elbe shall be administered by an International Commission composed of ten members (four German, two Czecho-Slovak, one British, one French, one Italian, one Belgian).

The Oder shall be administered by an International Commission composed of seven members (one Polish, one Prussian, one Czecho-Slovak, one British, one French, one Dane, one Swede).

An International Commission shall be created for the Niemen (one representative of each riparian State, and three representatives of other States specified by the League of Nations) at the demand of any one of the riparian States.

The existing agreements or regulations are provisionally maintained in force in so far as they do not conflict with the above provisions.

Danube

The European Commission of the Danube is re-established but, as a provisional measure, shall include only representatives of Great Britain, France, Italy and Roumania.

Above the stretch under the jurisdiction of that Commission an International Commission is established, including two representatives of the German riparian States, one of each of the other riparian States, and one of each non-riparian State to be represented in the future on the European Commission of the Danube.

Special provisions regulate the question of works, notably at the Iron Gates.

Germany shall cede to the Allied and Associated Powers concerned, in the case of the Danube, Elbe, Oder, and Niemen, tugs, boats and material necessary for the use of the river (distribution to be fixed by arbitrators appointed by the United States of America).

Rhine and Moselle

Pending the conclusion of the general Convention above mentioned, the Rhine remains administered by the Convention of Mannheim of 1868,¹⁸ subject to the following modifications (the Allied and Associated Powers reserve the right to come to an agreement on this subject with the Netherlands, and Germany undertakes to adhere to any Convention which may result).

The Commission provided for by this Convention shall henceforth include 19 members (1 President appointed by France, 2 Netherlands, 2 Swiss, 4 German, 4 French, 2 British, 2 Italian, 2 Belgian).

Boats of all nationalities shall have equal rights.

Germany shall cede to France:—

1. Tugs and boats or shares in German Rhine Navigation Companies (distribution to be fixed by arbitrators appointed by the United States of America).

2. Establishments, docks, etc., possessed by Germans in the port of Rotterdam and their shares in these establishments (same procedure for arbitration as above).

France shall have the right to take water from the Rhine for her canals, irrigation, etc., and to execute the necessary works on the German bank.

Belgium shall have the same rights, in order to feed the deep-draught Rhine-Meuse Canal which she is planning, and the eventual construction of which Germany must ensure so far as her own territory is concerned.

France shall, besides, possess the exclusive right to utilize the water-power of the Rhine in the part of the river which forms the Franco-German frontier.

Germany accepts the eventual extension of the powers of the Rhine Commission to the Moselle, and to the part of the Rhine between Basle and the Lake of Constance (subject to the approval of Luxemburg and Switzerland respectively).

Use of Ports by the Czecho-Slovak Republic

Germany shall lease to the Czecho-Slovak Republic for 99 years at Hamburg and Stettin areas which shall be made into free zones. The details will be settled by a Commission of three members, one German, one Czecho-Slovak, one British.

Railway Transport

Pending the conclusion of the new Convention destined to take the place of the Convention of Berne of the 14th October, 1890,¹⁹ Germany shall conform to the prescriptions of the latter.

Transport coming from or going to Allied and Associated countries shall enjoy in Germany the most favorable treatment applied to transport of the same nature.

Germany shall co-operate in the establishment of direct tariffs.

She shall eventually fit her carriages and wagons with apparatus allowing the application of the system of continuous brakes adopted by the Allies.

Various Provisions

Special stipulations guarantee that, in case of a cession of territory, the railways in it shall be handed over in good condition, with the normal material.

Germany shall permit the Allied and Associated powers for 25 years to construct or improve at their own expense on her territory the connections which they may require.

She accepts in advance the eventual denunciation of the Saint-Gothard Convention of the 30th [13th] October, 1909.²⁰ For a period of 25 years the body of Allied and Associated Powers represented on the Rhine and Danube Commissions may insist on the construction by Germany of a deep-draught navigable waterway from the Rhine to the Danube.

Questions which may arise on the subject of all these provisions will be settled by the League of Nations.

The League of Nations may revise certain of the clauses of this chapter during a period of five years.

During the same period any general Convention concluded between the Allied and Associated Powers on the subject of ports, waterways and railways, which has been approved by the League of Nations, will be binding on Germany.

Special Provisions

kiel canal

The Kiel Canal shall be maintained free and open to all vessels of war and commerce alike of all nations at peace with Germany.

The nationals, property and vessels of all Powers shall be treated on a footing of perfect equality in the use of the Canal.

Movement shall be free, except as regards reasonable and uniform regulations relative to police, customs, sanitation, emigration or immigration, and the import and export of prohibited goods.

Only such charges shall be levied on vessels using the Canal as are intended to cover the cost of its upkeep or improvement.

Loading and unloading, and embarkation and disembarkation shall only take place in the ports specified by Germany.

Germany has to ensure the maintenance of good conditions of navigation.

In the event of violation of these provisions, or of disputes as to their interpretation, appeal may be made to the jurisdiction of the League of Nations.

A local German Authority established at Kiel shall be qualified to deal with disputes in the first instance.

Part XIII.—Labor

The question of Labor, which forms the subject of this part of the Treaty, having given rise to an exhaustive discussion in the Conference, it is unnecessary for me to analyze it.

Part XIV.—Guarantees

Guarantees are divided between two parts of the Treaty, Parts V and XIV.

These guarantees can be classed under six [sic] heads:—

1. Reduction of the German military, naval and air forces to the level fixed by the Treaty.

2. Maintenance of the German military forces at the said level.

3. Complete demilitarization of the left bank of the Rhine and of a zone of 50 kilometers on the right bank.

4. Right of investigation by the Council of the League of Nations, recognized by Germany, as regards the military status of Germany.

5. Occupation by the Allied and Associated forces of the left bank and the bridgeheads under the conditions of time fixed by the Treaty.

Reduction of German Forces

The figures fixed for this reduction have been set forth in Part V.

This operation must be carried out within two months under the control of Inter-Allied Commissions.

Permanent Military Status of Germany

The conditions of this status also appear in Part V. Germany must limit her army to 100,000 men recruited by voluntary engagements for 12 years, must have no air service, tanks nor poison gas, must confine her manufacture of war material to a fixed level and to definite factories, etc.

Similar clauses are applicable to the fleet.

Demilitarization on the Left Bank of the Rhine and 50 Kilometers on the Right Bank

Besides the general clauses limiting her armaments, the Treaty imposes on Germany special obligations relative to the left bank of the Rhine and to a zone of 50 kilometers on the right bank.

It is forbidden to her, either on the left bank of the river or in the zone of 50 kilometres on the right bank:—

1. To maintain or construct fortifications.

2. To keep or collect armed forces, either permanently or temporarily.

3. To hold military manoeuvres of whatever nature.

4. To retain any material facilities for mobilization.

Right of Investigation

So long as the Treaty remains in force Germany undertakes to co-operate in any investigation on the subject of any of the clauses relative to her military status which may be judged necessary by a majority of the Council of the League of Nations, on the demand of a Member of the League.

Occupation of the Left Bank of the Rhine and the Bridgeheads

The right of occupation, as a guarantee for the execution of the Treaty, is regulated as follows:—

1. For a period of 15 years from signature the left bank of the Rhine and the bridgeheads on the right bank shall be occupied by Allied and Associated forces.

2. If Germany faithfully carries out the clauses of the Treaty, a progressive evacuation is provided for, namely:—

(a.) At the end of five years the bridgehead at Cologne and the territory on the left bank to the north of a line starting from the Dutch frontier on the river Eoer and ending on the Rhine at the mouth of the Ahr.

(b.) At the end of 10 years the bridgehead at Coblenz and the territory on the left bank to the north of a line starting from the intersection of the German, Dutch and Belgian frontiers, and ending on the Rhine at Bacharach.

(c.) At the end of 15 years the bridgeheads at Mayence and Kehl and the rest of the territories on the left bank.

3. The Allied and Associated Powers reserve, however, the following rights:—

(a.) If at the end of fifteen years the guarantees against unprovoked aggression by Germany do not seem to them sufficient evacuation may be delayed.

(b.) If during or after the fifteen years Germany, in the opinion of the Inter-Allied Commission on Reparations, is ceasing faithfully to carry out her engagements, all or part of the above zones may be reoccupied by the Allied and Associated forces.

4. It is admitted, on the contrary, that if Germany carried out all her engagements before the end of fifteen years the withdrawal of the Allied and Associated troops would follow.

Regulation of the Occupation

All clauses relative to the occupation which are not provided for by the present Treaty shall be regulated subsequently by a Convention or Conventions having the same force and effect as if it or they were incorporated in the present Treaty.

Part XV.—Miscellaneous Provisions

Germany undertakes to recognize the Treaties of Peace and additional Conventions which may be concluded by the Allied and Associated Powers with the Powers which fought on the side of Germany, to recognize whatever dispositions may be made concerning the territories of the former Austro-Hungarian Monarchy, the Kingdom of Bulgaria, and the Ottoman Empire, and to recognize the new States within their frontiers as there laid down.

The High Contracting Parties declare and place on record that they have taken note of the Treaty signed by France and His Serene Highness the Prince of Monaco on the 17th July, 1918.²¹

They agree that, in the absence of a subsequent agreement to the contrary, the Chairman of any Commission established by the present Treaty shall, in the event of an equality of votes, be entitled to a second vote.

A special Clause specifies the conditions in which the property of German Christian religious missions in territory belonging or entrusted to the Allied and Associated Governments shall continue to be devoted to missionary purposes without prejudicing the control or authority of the said Governments as to the directors of these missions.

Without prejudice to the provisions of the present Treaty, Germany undertakes not to put forward any pecuniary claim based on events which occurred at any time before its coming into force against the Allied and Associated Powers or against those which have simply broken off diplomatic relations with her.

She accepts all decisions concerning German goods and ships made by any Prize Courts of the Allied or Associated Powers, which, on the other hand, reserve the right to examine all decisions of German Prize Courts.

The deposit of ratifications shall be made at Paris, extra-European Powers having the right to announce their ratifications through their diplomatic representatives at Paris.

As soon as it has been ratified by Germany on the one hand, and by three of the principal Allied and Associated Powers on the other hand, the Treaty shall come into force between the High Contracting Parties who have ratified it, and that date shall serve as the basis for the determination of all periods of time provided for by the Treaty.

In all other respects the Treaty shall come into force for each Power at the date of the deposit of its ratification.

Apart from the Treaty, which I have just analysed, it is my duty to acquaint the Conference with the following Note:

“In addition to the guarantees furnished by the Treaty of Peace, the President of the United States of America binds himself to propose to the United States Senate, and the Prime Minister of Great Britain binds himself to propose to the Parliament of Great Britain an engagement, subject to the approval of the Council of the League of Nations, according to the terms of which the United States and Great Britain will immediately come to the aid of France in the case of an unprovoked aggression by Germany on France.

After M. Tardieu has finished speaking, the President declares that, although his statement is only a mere communication, any Delegates who wish to offer observations in regard thereto will have an opportunity of doing so.

Dr. Affonso Costa (Portugal) makes the following declaration in regard to the part concerned with Reparation, and invites the Supreme Council to take it into consideration.

• “1. The Portuguese Delegation is unable to accept the clauses of the Treaty of Peace in regard to Reparation until there be included therein:—
  • “(a.) The repayment of the economic damage directly inflicted by Germany on the countries which she rendered unable to supply themselves in bearable conditions or to continue their export trade, as was the case with Portugal.
  • “(b.) The repayment of war costs. As Germany declared war on Portugal that country has only been concerned with the defence of its existence and integrity, and has not cherished any ideas of territorial aggrandisement or any ambitions of expansion either in commercial or other directions.
• “2. The Portuguese Delegation further claims the insertion in the Treaty of Peace of a special clause requiring the ‘Commission on Reparation’ to devote the sums recovered from Germany, in the first place and with priority, to the small countries which, having been ruined by the war, are unable to reconstitute themselves by their own resources. Such is the case of Portugal, which is in the position of being the only country among the belligerent Allies to have reaped no fruits from the victory, for Portugal has had no fresh territory assigned to her and has received no compensations in kind, either commercial or otherwise.

• “3. The Portuguese Delegation finally claims for its Delegate the right of voting on the ‘Commission on Reparation’ on the same conditions as any other Allied or Associated nation, on each occasion when subjects concerning Portugal’s interests may be under discussion.”

“I likewise make the following declaration in regard to submarine cables:—

“‘The Portuguese Delegation claims the recognition of the rights of Portugal over the former German submarine cables which pass by the Azores.’

“Mr. President, I desire to say a few words in order to defend my point of view in regard to the indemnities or Reparation—as you may please to call them—which are to be imposed on the enemy.

“Portugal finds herself, at the end of this war, really ruined. The debt incurred merely by war expenditure amounts to nearly two milliards. Her economic situation is extremely difficult and the fall in her exports considerable. Portugal has lost the Central European market and has been unable to replace it; some of her industries are completely paralyzed. The Treaty of Peace entirely ignores the situation of Portugal; her sacrifices have not been acknowledged; she has not even been called into consultation in the different groupings created by the Conference, and she has witnessed with surprise the grant of certain rights to neutral countries which are prejudicial to the nations which have shed their blood for the common cause.

“The Government of the Republic, in faithful observance of the national pledges and urged by the pressing needs of the Allies, seized the German ships lying in Portuguese ports; thereupon Germany declared war on Portugal. The declaration of war obliged Portugal to intervene militarily, for it would have been inadmissible for the country to confess its impotence by abstaining from any share in the war into which it had been dragged. If the war costs and the economic damage are not repaid, the financial situation of Portugal will be seriously impaired thereby and the financial and economic reconstruction of the country will become impossible by the country’s own resources.

“The extraordinary expenditure borne by the Portuguese State on account of its military participation in the war on land and at sea, in Europe and in Africa, amounted up to 28th February last to £77,220,000, that is, 1,930,500,000 francs. To this sum must be added, henceforward, £1,787,000, being the amount of the expenditure which has been met since the 28th February; thus the costs of the war amount to £79,007,000, or 1,975,175,000 francs.

“The Portuguese economic loss occasioned by the war, in accordance with the calculations of financial experts, amounts to £225,550,000, or 5,638,750,000 francs, which represents 37 to 47½ per cent, of the Portuguese public wealth, which is estimated at between £480,000,000 and £600,000,000, sterling.

“Having regard to these figures and to the economic situation in Portugal before the war, it will easily be seen that the reconstruction of the country will be impossible unless the war costs and the economic damage be repaid. Expenditure did not exceed revenue in the Budgets of 1912–13 and 1913–14, yet the situation of Portugal will certainly be more difficult than that of the conquered enemies, since the fact that she is essentially an agricultural country does not enable her to use the means of industry which are indispensable for the recovery of an economic situation which would enable her to be self-supporting.

“Nearly all the belligerent Allies will see their territory increased, as is right. That will not only augment their national wealth, but will enable them to distribute war taxation over a more numerous population. The population of Portugal, both in view of the number of its inhabitants and the scale of income which these enjoy, offers far less scope for taxation than that of the majority of the other Allied countries. Portugal will see her obligations doubled and her people will see the springs of progress drying up.

“Confronted by these incontrovertible facts, what is it that we demand? Territory, humiliations to be imposed on the enemy, money wherewith to enrich ourselves? No! We ask that Germany, as it has not been thought fit to punish that country as a criminal, should at least pay us as our debtor what she had made us spend in defending ourselves against her attacks.

“We were quiet in our homes; we were enjoying the benefits of peace; we were honest and progressive. Of a sudden Germany attacks us, and Germany has made us spend on guns and munitions the funds which we had to live on. She compelled us to equip our children and send them to the infernal slaughter, the tragedy of which has, it would seem, already been forgotten. Do you then desire that she should not pay? Do you not consider as a reparation due the repayment, in the budgets which she has ruined, at least of the expenses which she has compelled us to incur? You say that Germany has no more money, and because it is said that she has no more money no lesson is drawn from the greatest crime committed since humanity exists. Is it really admissible that in 1919 a country which has been acting criminally for four years should not be forced to bear the costs of the monstrous conflict which it stirred up? What lesson then may we draw from this war? What am I to say to my fellow-countrymen when I return home?

“Is Portugal, who defended justice, to emerge from the war even more ruined than Germany who attacked her? I am told that we are striving for a philosophic peace; very well, but how can you expect any philosophy to be drawn from a peace unless it be laid down therein, at least in principle, that a country which lets war loose must at least suffer its consequences?

“No one has practiced better than we have, since 1914, the ideas of Right of which President Wilson has made himself the champion. We stated our willingness to enter the war and range ourselves on the side of the Allies where, we believed, Justice had found her place. We did not enter the war with any selfish ends, but it would be too much to ask us to fight for Justice and to emerge as ruined as if we had been beaten. We agree with President Wilson, that a league based on justice must be created, but I must state before you and before the world that this Treaty of Peace, so far as what is called Separation is concerned, is the most tremendous model of injustice which has ever been produced.

“The criminals are less punished than some of their victims, and among the victims some are favored and some are not. No lesson of sound morality emerges from these provisions, which are sometimes hard and sometimes arbitrary. As between the countries which have fought and those which have not had the opportunity of doing so, the Treaty not only permits but actually decrees that the former should remain ruined. As between the small nations which have hurled themselves into the fire in the defence of Right and the countries which have remained neutral, the Treaty ruins the former and grants the latter the opportunity of taking advantage of the wealth which they have amassed while the others were getting killed, and also the honor of belonging to the first Government of the League of Nations.

“If it is thus, by a document like this one, that you believe you are able to impose yourselves on humanity as judges, you are mistaken! You have yet time; I beg you to reflect. Communicate to the enemy the broad lines or the sections of the Treaty which deserve the unanimous approval of the Assembly, but believe me, in spite of what may be said, that it is indispensable for the Treaty to be once more reconsidered, especially in connection with Reparation.

“Do not think that I have lost sight of all sense of proportion. I have no intention of claiming for my country reparation similar to that which is due to France, Belgium, Serbia and Roumania; but I am charged with the defense of my country’s rights and I must see that they obtain recognition, and I therefore ask of those who have drawn up this Charter that my country, which has fought, should at least be compared with the neutrals, and that Portugal, who has sent her soldiers to France, should at least be treated like the countries which have merely sent their commercial travellers to France.”

Mr. Lou Tseng-tsiang (China), speaking on behalf of the Chinese Delegation, makes a protest against the settlement of the Shantung question in the following terms:—

“The Chinese Delegation is constrained to express the deep disappointment which it feels at the settlement proposed by the Council of Prime Ministers for the settlement of the questions of Kiao-chow and Shantung. For that settlement seems to have been taken as the sole basis for the clauses in the draft Treaty of Peace with Germany just read to us which are concerned with the disposal of German rights in that Chinese province. The Delegation is convinced that its disappointment will be felt just as keenly by the Chinese nation as a whole. The proposed settlement seems to have been adopted without sufficient account having been held of the considerations in regard to Right, Justice, and the national security of China which the Chinese Delegation has continuously urged on the occasions on which it was heard, firstly by the Council of Prime Ministers and Ministers for Foreign Affairs, and later on by the Council of Prime Ministers. The Chinese Delegation communicated to the latter Council a formal protest against the proposed settlement in the hope of securing its revision, and in the event of such a revision not appearing possible, it regards it as its duty to make here and now reservations in regard to the above-mentioned clauses.

“I beg the President to be so good as to cause my statement to be recorded in the Minutes of the proceedings.”

Mr. Crespi (Italy) expresses certain reservations made by the Italian Delegation in the following terms:—

“In view of the possibility that during the temporary absence of the Italian Delegation certain of the clauses already adopted with the assent of that Delegation may have been modified, I am obliged, for all necessary purposes, to make such reservations as may be warranted by the circumstances.”

Marshal Foch expresses in the following terms the observations suggested to him by the Treaty of Peace:—

“Gentlemen, I think I should have some observations to make if I had in my hands the text of the draft Treaty, but I must confess that I have not yet received it. From a military point of view there are certain clauses with which I am only acquainted at present by rumors, which would call for observations, and I shall endeavor to state them.

“In Section 14 provision is made, as a guarantee for Reparation, for the occupation during 5, 10 and 15 years of the country on the left bank of the Rhine. If this question could be discussed calmly it would be easy to prove that such guarantee is worthless from a military point of view, and that it will involve increasing burdens for the Allied occupation. Before proceeding further, I must therefore say that this Chapter 14 or Section 14, I am not certain which, contains a guarantee which I regard as equivalent to nothing at all, while it involves us in increasing military burdens. That is the first reservation which I make.

“According to what I have further understood, we are to hold the Rhine for five years ‘as a military guarantee and a means of securing Reparation’; after five years and up to ten years we are to abandon the Rhine from the Dutch frontier to below Cologne, that is to say, for a distance of 200 kilometres out of the 500 which we hold. I should like to point out forthwith, from the point of view of Reparation, that this represents the abandonment of the most industrially developed portion of the occupied territory, and the abandonment of the bridgehead which gives access to the Ruhr basin, the principal source of Germany’s wealth, which we shall therefore cease from threatening and abstain from seizing.

“After ten years we abandon another 80 kilometres of the line of the Rhine, from Cologne to below Coblenz. Finally, after fifteen years, the barrier of the Rhine is abandoned along the whole length of the occupied territories, and France finds herself back again on her frontiers of 1870, that is to say, without any military guarantee.

“I endeavored to understand just now the definition of the French frontier in the Saar district, but was unable to grasp it. It was stated that it was the frontier of 1870; then do we remain with the frontier which we had as the vanquished in 1815 and 1870, or is it carried back to the Saar district? I was not able to fix it.

“As you see, at the end of fifteen years we shall have no security remaining for Reparation; and I therefore say, in this respect, that Section 14 is absolutely inoperative. As payments of Reparation will go on for thirty years we shall find ourselves in possession of a more or less limited guarantee during the first fifteen years, and after that no guarantee whatever will remain. I must draw your attention to this absence of military guarantees.

“On the other hand, the reoccupation of the occupied territories is contemplated, either during or after this period of fifteen years, in the event of Germany failing to carry out the whole or part of the Treaty signed by her. Who is to judge of the desirability of such reoccupation? The Commission on Reparation. For all violations of the clauses of the Treaty, even of those which are not connected with Reparation and whether they are of a military or administrative character, it is the Commission on Reparation which will step in and say: ‘There has been a violation of such and such clauses, and there is therefore a case for reoccupying the occupied territories.’ And, moreover, and this is even more important, the Commission will have to state, so far as concerns Reparation, whether there has been any violation of clauses which do not appear in the Treaty, as some are only to be drawn up during the period which will follow the signature of the Treaty. This is inadequate jurisdiction.

“To sum up, the Treaty secures complete guarantees for a period of five years, during which Germany will doubtless not be in a position to do any harm; but from that moment onwards, in proportion as the strength of Germany may recover and the danger increase, the guarantees become less and less until they finally disappear after the lapse of fifteen years. Thereafter there will remain no military means of exacting payment from the enemy who has thirty years within which to pay, whereas the burdens of the Allies will augment.

“It is indeed incontestable that more troops will be necessary to hold any line which is not the line of the Rhine and to form a strong barrier this side of the river. Our charges will, therefore, increase in proportion as our guarantees diminish until they reach the zero point, while we shall still have Reparation to recover during fifteen years more.

“There is only one military means of compelling the enemy to carry out his engagements, and that is to maintain the occupation of the Rhine; for oh the Rhine a comparatively slight force is sufficient to forbid Germany any action and to keep every kind of action in hand for ourselves.

“Such are the observations which I have to offer in regard to Section 14. I ask that these provisions should be subjected to a fresh examination, especially by the military experts of the Allied nations.

“If I were asked what solution I proposed I should answer approximately as follows. The question of the Rhineland is absolutely dependent on the Rhine, for that river is the determining factor. If you are master of the Rhine you are master of the whole country. But if you are not on the Rhine you have lost everything. I will not go very far in search of a comparison; if we wish to defend ourselves in this Conference room it would be enough to hold the doors in order to forbid the passage of the enemy; inversely, once we had lost the doors the enemy could pass. Therefore, so long as we hold the barrier of the Rhine we shall be complete masters of the left bank at small cost. If, on the other hand, we abandon the Rhine, we shall require a large force to hold the country, in which we shall nevertheless be weak, as the enemy will be free to come and attack us when he chooses. From the military point of view, therefore, the only important thing is the Rhine; the rest does not count. The mere occupation of the Rhineland has no value without a hold on the Rhine. By retiring, as has been said, we are handing over securities, we are opening doors and placing ourselves in an inferior situation because we are obliged to occupy a country without any natural obstacles, and to place in it much larger forces, that is to say, at much greater expense.

“The most economic and the safest formula is to maintain the occupation of the Rhine. I may be mistaken, and that is why I have requested that other military experts should be associated with me in reconsidering this section. It may be asked, how long must the Rhine be held? The answer is, as long as you wish to retain guarantees, for there are no others. When once you find that you have been paid and that there are adequate guarantees it will only remain to withdraw the troops and go away.

“Please to note that I asked that the occupation of the Rhine should be maintained, and not that of the Rhineland; that is the point on which our opinions differ. It may be urged as an objection that I am occupying a country; that is quite untrue, for I am occupying the passages of the Rhine which requires a very small force.

“When the fulfillment of the Treaty is well advanced, when the German countries shall have given proof of an undeniable goodwill, when disarmament is actually carried out, then it will be possible to lighten the charges of everyone, both Allies and Germans, by reducing yet further the troops of occupation; and that reduction will be brought about, as you see, not by abandoning ground, but by reducing the strength of the troops of occupation.

“Moreover, the withdrawals proposed in Section 14 will necessitate the successive establishment of troops first on one line, then on another line which will be held during five years, and finally on a third to be held for ten years. Therefore we shall have barracks to construct and installations to provide which will involve both Allies and Germans in expenditure, all the greater because it will be necessary to bring up yet more troops to occupy the new line. The result will be enormous burdens on the population, and that will be disastrous from an economic point of view.

“To sum up, I say, from the military point of view, that we must just remain on the Rhine and not abandon that line, even partially, unless we wish to incur burdens, weaken our position, and remain stripped of all guarantees at the end of a certain period of time. These remarks apply to the whole of the line of the Rhine from Cologne to Coblenz and Mayence.

“Chapter 14, I think, likewise deals with the bridgehead of Kehl; as a matter of fact that is not a regular bridgehead, the proof of which is that in this territory we have not got the protecting radius of 30 kilometres which we have everywhere else, a radius which has been calculated in accordance with the range of the guns required to enable us to deploy freely if we wished to resume the offensive. At Kehl we have occupied the Strasburg forts built on the right bank of the Rhine, and nothing else. That is called a bridgehead, but it is not really one, because no deployment from it could be usefully made. The forts of the right bank of the Rhine constitute the real defence of the fortress of Strasburg; they form part of it and cannot be separated from it. If we gave them back to the Germans it would amount to returning to them half of Strasburg. Strasburg is a French fortress, and it is impossible to cut it in two and give one half to the Germans and the other to the French. The forts of Strasburg form an integral portion of the fortress, and I wonder how the idea of not retaining it in its entirety could have arisen. On this point also it would be as well to modify the Treaty.

“These are the principal remarks to which I draw your attention; I ask that they should be taken into consideration and that account should be taken of my statement, for I cannot let these provisions pass.

“I have not seen the text of the Treaty, and perhaps I am mistaken, but I request again that, if the text is so drafted, it should forthwith be referred for examination to the military experts in order to see to what extent it can be modified. In any case, I ask that due note should be taken of my statements in regard to the section on guarantees, to the occupation of the Rhineland and the Kehl bridgehead; and I request the heads of Governments to be so good, should they think necessary, as to cause a fresh draft or a correction by the military experts to be made. The latter are assembled for any purpose and are studying at Versailles a question of secondary importance at the present moment. The importance of the question which I have just raised is great enough for it to be submitted to them for examination without delay.”

As no one else asks leave to speak, the Session is adjourned at 17.5 o’clock (5.5 p.m.).

The President,

G. Clemenceau.

The Secretary General,
P. Dutasta.

The Secretaries,
J. C. Grew,
M. P. A. Hankey,
Paul Gauthier,
Aldrovandi,
Sadao Saburi.

Annex

Responsibility for the War

Note of explanation in regard to the wish expressed by the Hondurean Delegation and read at the Plenary Session of the 6th May, 1919.

“Mr. President, Gentlemen:

“The Hondurean Delegation regret to have to express an opinion contrary to that of the eminent jurisconsults who drew up the draft Articles which determine the penalties to be applied in regard to Responsibility for the war. The Delegation, in taking up this attitude, fulfills a duty which respect for the principles of universal justice adopted by the Constitution of its country imposes.

“The written legislation of all countries has acknowledged it to be an incontestable principle of natural law that no man may be tried or punished except for an offence already and explicitly defined and made punishable by law.

“The Delegation of the country which I have the honor to represent considers that there is no case for the trial of William II. of Hohenzollern, ex-German Emperor, arraigned by Article I of the draft under discussion. There is, indeed, no international law or precedent for trying him. The head of a State is only responsible to his own people; his people can neither try nor condemn him except in accordance with regularly established laws. In the present case it would be more logical to try and condemn the whole German people, which tolerated and abetted the acts of its governors; such condemnation could, however, only have effect in the form in which the Conference has sought to secure it; that is, by inflicting on the German people an indemnity or reparation for all the damage caused by the unjust and cruel war into which it allowed itself to be led.

“We therefore think that there is likewise no justification for requiring from the Government of the Netherlands the extradition of the former German Emperor; moreover, being unaware whether there exists between Holland and one or more of the Allied and Associated Powers an extradition Treaty which provides for the case, we are convinced that Holland would be unable to grant what is asked of her without herself infringing her own laws.

“The draft Articles now before us contemplate the trial and condemnation of any person, having been in the service of the German Government, to whom any responsibility can be imputed in respect of acts committed in violation of the laws and customs of war; the trial is to take place before military tribunals and to be conducted in accordance with the military laws of the Allied and Associated country of which the plaintiff is a subject. These tribunals, when pronouncing a condemnation, are to apply, either the law of their own country, whereas that law could not have been intentionally infringed by the accused because he was not acquainted with it, or the German law, in which case the Tribunal would be neither competent nor able to interpret it, as it would not be versed therein; or, yet again, they might apply the laws and customs of war, but these cannot be enforced by any penalty other than those provided for in the domestic legislation of each country which lays down the rights, obligations and responsibility of the personnel of the national army.

“The conclusion which we derive from the foregoing is rather that it would be desirable to insert in the Treaty an Article compelling the German Government to arraign all those of its subjects whose acts may have been liable to some kind of penalty in accordance with the respective laws and, at the same time, to exact the necessary guarantees so as to ensure strict justice in the sentences pronounced as also the effective execution of such sentences. Nevertheless, we consider admissible, as an exception, the trial by the ordinary military tribunals of the Allied and Associated Powers of crimes and offences committed on their territory against the persons and property of their subjects, if the responsible persons have already been apprehended or can be placed at the disposal of the said tribunals.

“If it were sought to establish a precedent, with a view to protecting the rights of humanity and render a tribute to absolute justice, a reciprocity clause should have been inserted laying on the Allied and Associated Governments the obligation of bringing to trial and punishing the offences and crimes which their nationals might have committed against the enemy in violation of the laws and customs of war or of the laws of their own country; for these cases, however few they might be, should not remain altogether unpenalized, and the Allied and Associated Governments could not wish that they should go unpunished.

“It is possible that our view is not agreeable to everyone at this moment, but we are confident that it is the one which will prevail when calm is reborn in men’s minds amid the benefits of peace; in any case, it will be the view of the impartial historian who judges in the future the events of today.

“We reprehend most vigorously the crimes and atrocities committed by the German armies and their allies; we have not yet had an opportunity of seeing with our own eyes the devastation of which Belgium, France, Serbia, and other invaded countries have been the victims, but we hold these deeds in execration, for the world is filled with the cries of distress of these unfortusate populations, who have been martyrized in every possible way. That is the reason for which we should wish to see inserted in the Covenant of the League of Nations, or in some other Covenant adopted by this Conference, provisions of such an effective nature as to enable us to discount the possible recurrence of these outrages against humanity, and such as would ensure the infliction of condign and exemplary punishment if ever such outrages were again committed. It is thus that you would fill the void at present existing in international law.”

P. Bonilla

Paris , April 23, 1919.

1. Contrary to the practice followed at the previous Plenary Session[s], the representatives of the Press were not admitted to be present at this Session. [Footnote in the original.]
1. British and Foreign State Papers, vol. civ, p. 956.
2. Ibid., vol. cvi, p. 974.
3. Ibid., vol. lxxvi, p. 4.
4. Ibid., vol. lxxxii, p. 55.
5. Foreign Relations, 1901, appendix, “Affairs in China,” p. 312.
6. British and Foreign State Papers, vol. xcvii, p. 695.
7. William M. Malloy (ed,), Treaties, Conventions, etc., Between the United States of America and Other Powers, 1776–1909 (Washington, Government printing Office, 1910), vol. ii p. 2013.
8. Malloy, Treaties, 1910–1923, vol. iii, p. 3043.
9. Foreign Relations, 1906, pt. 2, p. 1495.
10. Great Britain, Cd. 6010, Morocco No. 4 (1911): Franco-German Declaration Respecting Morocco, Signed at Berlin, February 8, 1909.
11. Great Britain, Cd. 6010, Morocco No. 4 (1911): Franco-German Convention and Exchange of Notes Respecting Morocco, Signed at Berlin, November 4, 1911.
12. British and Foreign State Papers, vol. lxxix, p. 18.
13. British and Foreign State Papers, vol. xxvii, p. 1000.
14. Foreign Relations, 1918, supp. 1, vol. i, p. 771.
15. Ibid., 1918, Russia, vol. i, p. 442.
16. Malloy, Treaties, 1776–1909, vol. ii, p. 1935.
17. British and Foreign State Papers, vol. lxxvii, p. 22.
18. British and Foreign State Papers, vol. lix, p. 470.
19. British and Foreign State Papers, vol. lxxxii, p. 771.
20. Ibid. vol. cv, p. 639.
21. British and Foreign State Papers, vol. cxi. p. 727.