Paris Peace Conf. 180.03401/128

IC–177C

Notes of a Meeting Held at President Wilson’s Residence in the Place des Etats-Unis, Paris, on Tuesday, April 29, 1919, at 4 p.m.

  • Present
    • United States of America
      • President Wilson.
    • British Empire
      • The Rt. Hon. D. Lloyd George, M. P., Prime Minister and First Lord of the Treasury.
    • France
      • M. Clemenceau.
Sir Maurice Hankey, K. C. B., Secretary.
Professor P. J. Mantoux Interpreter.

1. M. M. G. Cahen was present for this discussion.

Prisoners of War The Supreme Council had before them a Note by Sir Maurice Prisoners of Hankey setting forth the questions referred by the War Council of Foreign Ministers.1 (Appendix I.)

2. Article 1 M. Cahen said that what the French members of the Commission had had in mind was that, in case the Germans were asked, as part of the Clauses on Reparation, to supply labour for the purpose of restoring the devastated regions, a combined system of railway trains should be worked out. The same trains that brought the workmen might return with prisoners. The French representatives had felt it necessary to postpone the decision, in order that the two questions might be considered together.

M. Clemenceau said that the prisoners of war ought to be returned immediately after the conclusion of Peace. Why should we mix up the question of trains with the question of prisoners?

M. Cahen said that the only reason was that the two questions were intimately connected.

M. Clemenceau said that to keep the prisoners would amount to slavery. The question of the supply of labour was another question that might be arranged at Versailles.

M. Cahen asked if it was not proposed to enforce the supply of labour on the Germans.

M. Clemenceau replied that it was not. It would be arranged.

President Wilson said he entirely agreed with M. Clemenceau. [Page 338] Forced labour would be unprecedented, unless one went back thousands of years.

Mr. Lloyd George also agreed with M. Clemenceau.

(It was agreed:—

That the new Article referred to in Article 1 on the subject of Prisoners of War, should provide for the repatriation of Prisoners of War as soon as possible after the signature of the Treaty of Peace, and should be carried out with the utmost rapidity.)

3. Article 6 President Wilson said that the proposal in Article 6 was practically to take hostages for the surrender of persons believed to have been guilty of breaches of the laws of war. It would be necessary to go back some hundreds of years to find a precedent for this also.

Mr. Lloyd George said it was not as though we were dealing with the former German Government. He doubted whether it would be any use to take hostages in dealing with the present Government.

President Wilson asked what it was proposed to do with the hostages. In the end you would have to return them, and they would constitute no effective threat.

M. Clemenceau said that all these should be kept against whom there was a presumption of personal guilt.

President Wilson said that this was provided for. (Article 5.)

M. Cahen said that this had been a British proposal. The argument in favour of it was that we had evidence of crimes against the laws of war by persons in Germany. If our sanctions proved insufficient, there would be great popular discontent. We had many officer prisoners of the military caste, which was collectively guilty. We proposed that some of these officers should be kept if the accused persons were not delivered to justice. Mr. Lansing said that there must be no hostages. This was not in our minds. It was merely proposed to give Germany an inducement to hand over the accused persons. If this proposal was rejected offenders against discipline who otherwise would be released as an act of grace, might be kept.

Mr. Lloyd George said that he did not agree in this.

M. Clemenceau and President Wilson were of the same view.

(It was agreed:—

That Article 6 should be entirely suppressed.

Sir Maurice Hankey was instructed to communicate this decision to the Secretary-General for the information of the Drafting Committee.)

4. The Recognition of the Jugo-Slavs M. Clemenceau said that the question of the recognition of the Jugo-Slavs had been cleared up. It had been ascertained that the mere acknowledgment of their credentials was equivalent to recognition, and would give occasion to no special declaration by the Allied and Associated Governments.

[Page 339]

5. Luxemburg The attached Articles, prepared by Dr. Mezes, Sir Eyre Crowe, Baron de Gaiffier and M. Tardieu, in regard to Luxemburg, were approved, subject to the agreement of Belgium. (Appendix II.)

(Note. M. Hymans, who was present few minutes later at the meeting on reparation, was shown the Articles by Sir Maurice Hankey, and expressed his concurrence.)

Sir Maurice Hankey was instructed to forward the Articles to the Secretary-General, for communication to the Drafting Committee of the Preliminary Peace Conference.

6. Helgoland Sir Maurice Hankey, at the conclusion of the meeting, consulted President Wilson as to his recollection of the decision taken in regard to Heligoland on April 15th, (I C.–171. A.),1a when no Secretary had been present. The Drafting Committee, he pointed out, had received conflicting accounts.

President Wilson supported Mr. Balfour’s recollection of the decision, namely that the naval harbour, as well as the fortifications, was to be destroyed, and that the island was not to be re-fortified.

Sir Maurice Hankey undertook to report this to the Drafting Committee.

(The meeting then adjourned upstairs to the meeting with the Belgian representatives on Reparation.)

Villa Majestic, Paris, April 29, 1919.

Appendix I to IC–177C

Prisoners of War

Note for the Council of Four (Prepared by Sir Maurice Hankey)

The attached articles prepared by the Special Committee appointed by the Council of Four on the subject of Prisoners of War were agreed to on Saturday, April 25th [26th], by the Council of Foreign Ministers, with the exception of Article 1 and Article 6, which were reserved for decision by the Council of Four.

1. In regard to Article 1, the outstanding point is the nature of the Article referred to in the third line. This Article has not yet been drafted. The American, British and Japanese delegations were of opinion that the Article should provide for the repatriation of Prisoners of War as soon as possible after the signature of the Peace Treaty and be carried out with the utmost rapidity. The French Delegation could not agree to draft on these lines, for fear of forestalling a possible decision on the question of demanding from Germany a supply of labour for the purpose of restoring the devastated regions.

[Page 340]

What is required, therefore, is a decision from the Council of Four as to the basis on which the new article is to be drafted.

2. The other Article, namely, No. 6, was reserved on the question of whether the Allied and Associated Governments ought to reserve to themselves the right to Retain in custody such Prisoners of War of the rank of officer as they may select, to ensure the surrender of persons alleged to be guilty of offences against the laws and customs of war or the laws of humanity.

M. P. A. Hankey

[Annex]

It was agreed to adopt the following Articles, with the proviso that Article 1, relating to the repatriation of German prisoners, and Article 6, relating to the detention of hostages, should be referred to the Council of Four for decision:—

(1) The repatriation of German prisoners of war and interned civilians shall, in the conditions fixed by Article — of the present Treaty, be carried out by a Commission composed of representatives of the Allied and Associated Governments on the one part and of the German Government on the other part.

On the part of each of the Allied and Associated Powers a Sub-Commission, composed exclusively of representatives of the respective Power and of delegates of the German Government, shall regulate details of execution for the return of prisoners.

(2) From the time of their delivery into the hands of the German Authorities, the prisoners of war and interned civilians are to be returned without delay to their house by the said Authorities.

Those amongst them whose pre-war domicile was in territory occupied by the troops of the Allied and Associated Powers are likewise to be sent to their homes, subject to the consent and control of the Military authorities of the Armies of Occupation of the Allied and Associated Governments.

(3) The whole cost of repatriation from the outset shall be borne by the German Government who shall also provide such land or sea transport, including working personnel, as may be considered necessary by the Commission referred to in paragraph (1).

(4) Prisoners of war and interned civilians awaiting disposal or undergoing sentence for offences against discipline shall be repatriated without regard to the completion of their sentence or of the proceedings pending against them.

The foregoing paragraph shall not apply to prisoners of war and interned civilians punished for offences committed subsequent to May 1st, 1919.

[Page 341]

During the period pending their repatriation all prisoners of war and interned civilians shall remain subject to the existing regulations, more especially as regards work and discipline.

(5) Prisoners of war and interned civilians who are awaiting disposal or undergoing sentence for offences other than those against discipline may be detained.

(6) Until the German Government has taken all the measures required by Clause . . . . of the present Treaty (providing for the surrender of prisoners alleged to be guilty of offences against the laws and customs of war or the laws of humanity), the Allied and Associated Governments reserve to themselves the right to detain in custody such prisoners of war of the rank of officer as they may in their discretion select.

(7) a. The German Government undertakes to receive on its territory all individuals liable to repatriation without discrimination.

b. Prisoners of war, or other German nationals, who do not desire to be repatriated, may be excluded from repatriation, but the Allied and Associated Governments reserve to themselves the right either to repatriate them, or to send them to a neutral country, or to allow them to reside in their territories.

The German Government undertakes to take no special proceedings against such individuals or their families, and to exercise no repressive or vexatious measures of any kind whatsoever on this account.

(8) The Allied and Associated Governments reserve the right to make the repatriation of German subjects or adherents in their hands conditional on the immediate notification and release by the German Government of any prisoners of war, subjects or adherents of the Allied and Associated Governments, who may still be in Germany.

(9) The German Government undertakes:

(i)
to give every facility to Commissions of Enquiry into the cases of the missing: to furnish them with all necessary means of transport: to allow them access to all such places as camps, prisons, hospitals, etc., and to place at their disposal all documents, whether public or private, which would facilitate their enquiries.
(ii)
to impose penalties upon any German officials or private persons who shall have concealed the presence of any Allied … or Associated subjects or adherents, or neglected to reveal the presence of any such after it had come to their knowledge.

(10) The German Government undertakes to restore without delay, from the time that the present Treaty comes into force all articles, cash, securities and documents which have belonged to Allied or Associated subjects and adherents and which have been taken possession of by the German authorities.

[Page 342]

(11) The graves of prisoners and interned civilians, subjects or adherents of the respective belligerents, who have died in captivity shall be properly maintained as provided for by Clause . . . . of the present Treaty.

The Allied and Associated Governments on the one hand and the German Government on the other hand, mutually undertake furthermore:

(i)
to furnish a complete list of the dead, together with all information useful for identification.
(ii)
to furnish all information as to the number and location of graves of all those who have been buried without identification.

Appendix II to IC–177C

[Translation]2

[Letter From M. Tardieu to M. Clemenceau]

Paris, April 29, 1919.

Mr. President: I have the honor to transmit to you the text concerning the Grand Duchy of Luxembourg, which the meeting held this morning by Messrs. Mezes (United States), Sir Eyre Crowe (British Empire), Baron de Gaiffier (Belgium) and myself unanimously decided to recommend for the decision of the Chiefs of Governments.

Accept [etc.]

Tardieu
[Enclosure—Translation]3

With regard to the Grand Duchy of Luxemburg, Germany renounces the benefit of all the provisions inserted in her favour in the Treaties of February 8, 1842,4 April 2, 1847,5 October 20–25, 1865,6 August 18, 1866,7 February 21 and May 11, 1867,8 May 10, 1871,9 June 11, 1872,10 and November 11, 1902,11 and in all Conventions consequent upon such Treaties.

Germany recognizes that the Grand Duchy of Luxemburg ceased to form part of the German Zollverein as from January 1, 1919, renounces [Page 343] all rights to the exploitation of the railways, adheres to the termination of the régime of neutrality of the Grand Duchy, and accepts in advance all international arrangements which may be concluded by the Allied and Associated Powers relating to the Grand Duchy.

  1. For discussion, see FM–9, vol. iv, pp. 631639.
  2. Not found in Department files.
  3. Translation from the French supplied by the editors.
  4. The text of the translation is that which appears as article 40 of the Treaty of Versailles.
  5. British and Foreign State Papers, vol xxxi, p. 1352.
  6. Ibid., vol. xxxvii, p. 806.
  7. Ruppert, Le Grande-duché de Luxembourg dans ses relations Internationales, recueil des traités, etc., p. 367.
  8. British and Foreign State Papers, vol. lvi, p. 1038.
  9. Ruppert, op. cit, p. 547 and p. 600.
  10. British and Foreign State Papers, vol. lxii, p. 77.
  11. Ruppert, op. cit., p. 105.
  12. British and Foreign State Papers, vol. xcv, p. 780.