Paris Peace Conf. 180.03401/133
IC–178B
Notes of a Meeting Held at President Wilson’s House in the Place des
Etats-Unis, Paris, on Wednesday, April 30, 1919, at 4.30 p.m.
Paris, April 30, 1919, 4:30 p.m.
- Present
- United States of America
- President Wilson.
- Dr. C. H. Haskins.
- Dr. A. A. Young.
- British Empire
- The Rt. Hon. D. Lloyd George, M. P.
- Mr. J. W. Headlam-Morley.
- Dr. O. T. Falk.
- France
- M. Clemenceau.
- M. Klotz.
- M. Tardieu.
- M. de Lasteyrie.
- M. Lyon.
- Sir Maurice Hankey, K. C. B. Secretary.
- Professor P. J. Mantoux. Interpreter.
The Council had before it Articles prepared by the experts present, with
others, on the subject of Alsace-Lorraine. (Appendix.)
M. Tardieu said that the only points in dispute
were Articles 12, 24 and 30.
Article 12 After M. Tardieu had explained the
object of Article 12, Mr. Lloyd George
withdrew the reservation which had been made by the Representatives.
Article 12 was accepted.
Article 24
M. Tardieu, in explanation of Article 24, said
that the balance of the property in Alsace-Lorraine under the general
economic clauses of the Peace Treaty ought to be used for satisfying the
economic claims of the pre-war period. This balance, according to the
general rule, should be part of the general fund for reparation.
The French Government asked for a special privilege in the case of
Alsace-Lorraine, because of the economic situation of the German private
properties which was the result of the systematic germanisation of
Alsace-Lorraine. They asked that the balance of the property should be
attributed to Alsace-Lorraine itself.
Mr. Lloyd George said that this was not the
proposal. It was that the balance should be handed over to the French
claim for reparation.
Mr. Klotz did not admit this.
[Page 374]
Mr. Lloyd George said he was afraid he must
contest this clause very strongly. Its effect was to give priority to
special claims in Alsace-Lorraine, which, though of low category, were
in reality general claims. He only asked for the application of the
usual rule that the surplus should go into the general pool. The balance
should go into the pool and be distributed according to the principles
of distribution adopted. Under the present proposal the Alsace-Lorraine
claims, though of low category, would have priority over our reparation.
M. Tardieu had spoken of germanisation. This was true to the extent that
German skill and brains had greatly increased the wealth of these
provinces. Nevertheless, the balance ought to go into the general pool.
He was informed that one effect of this clause would be that pensions
would be given to German officials in front of pensions to Allied
soldiers.
M. Clemenceau withdrew the proposal.
It was agreed that Article 24 should be suppressed.
Article 30
M. Tardieu said that Article 30 referred to
reparation to Alsatians and Lorrainians. France asked that they should
be treated in the same way as other French citizens under Annex I of the
Reparation Clauses. The first article of the Reparation clauses declared
Germany to be responsible for losses. Article 2 provided for reparation
for the civilian population. It was impossible to say that Alsatians and
Lorrainians were not French citizens and part of the French population.
He felt he was entitled to put forward claims for them on the same
ground as for other French citizens. Otherwise, France would have two
classes of citizens. It was a matter of sentiment for France, and he
asked that these people should be put on the same footing as other
French citizens.
Mr. Lloyd George said that the principle had
already been considered and decided in respect to Poland and
Czechoslovakia.
There had been considerable devastation in Poland, but Poland had
nominally been at war against us, even though it had been against the
will of the Polish people. Poles had actually taken part in the
devastation of France. Similarly, soldiers from Alsace-Lorraine had
taken part in the devastation of France. It had been decided against the
Polish claim. If, however, it were now granted to Alsace-Lorraine, it
must be granted to the Czechs, Poles and Yugo-Slavs.
The French Government stood to lose a good deal by this.
The second point was that the destruction in Alsace-Lorraine had been
mainly wrought by the French armies when redeeming these provinces. He
doubted if much destruction had been done by the German Armies. In these
circumstances, he felt the claim was not one that could be
justified.
[Page 375]
M. Tardieu said that the material devastation
in Alsace-Lorraine was insignificant. What they wanted was pensions for
widows, orphans and mutilated.
Mr. Lloyd George said that these were due to
French bombardments and British bombing. It was rather difficult in
these circumstances to allow any claim.
President Wilson pointed out that many of them
would be widows and orphans of German soldiers. He said his advisers
took the same view as Mr. Lloyd George. He could see the sentimental
importance of the matter for France, but to agree would be to upset the
general principles of reparation.
The French Representatives withdrew the proposal, and it was decided that
Article 30 should be suppressed.
Article VII
President Wilson said he was informed that the
missing Article VII affected Belgium and the redemption of marks. Its
object was to provide for the redemption of German marks.
Mr. Lloyd George said he understood it had been
only discussed on the possible assumption that the Belgian claim in
regard to the redemption of marks was accepted. That claim had been
refused.
Mr. Tardieu said that the Article had only been
adopted on that assumption.
Mr. Young said the Germans only acknowledged by
this clause their mark debt. By it they would have to agree to redeem
the marks at some future time under a convention to be concluded between
France and Germany.
President Wilson said that if this Article was
passed, it ought to be applied to Belgium also.
Mr. Falk pointed out that the Belgians could
sell marks on the market. This clause provided little more than this for
France. France was entitled either to sell marks on the market, or to
make an arrangement with Germany.
President Wilson said that this Article would
make the public impression that it authorised the French Government to
secure a redemption of the marks at a better rate than the market rate.
The same advantage would have to be provided for Belgium.
Mr. Falk suggested that it would be better to
suppress the Article altogether.
Mr. Lloyd George pointed out that the Article
did not really amount to anything. It would give the impression to the
Germans of some advantage being given to France, and make difficulties
in their signing the Treaty of Peace without corresponding
advantage.
M. Klotz said that the Article merely contained
a statement of fact. It would be an advantage to Germany that France
should not
[Page 376]
keep marks in hand,
otherwise they were in a position to destroy the exchange. It merely
provided for a Convention between the German and French Governments. In
the course of the armistice discussion, the Germans had told M.
Lasteyrie that they were afraid to let so many marks remain in French
possession, and they had offered to buy them back at the rate of 70
centimes. The Belgians would not agree, in which they made a mistake,
and the plan had fallen through.
President Wilson pointed out that France could
enter into a Convention with Germany on this subject at any time, there
was no need to authorise it in the Treaty of Peace. What was the object
of inserting a clause that really added nothing to France’s power, but
gave the impression of something disadvantageous to the Germans?
Mr. Lloyd George agreed and pointed out that it
would also cause difficulties with the Belgians.
(It was agreed that Article VII should be dropped except the last
paragraph.)
Note. Article VII will be found in the French
printed copy of these Articles.1
Villa Majestic, Paris, 30 April, 1919.
Appendix to [IC–] 178B
Alsace-Lorraine
M. 97
The High Contracting Powers, recognising 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, have
agreed upon the following articles:
[Page 377]
Article 1
The territories which were ceded to Germany in accordance with the
preliminaries of peace signed at Versailles on the 26th February
18712 and the Treaty of Frankfurt of the
10th May 1851 [1871]3 are
restored to French sovereignty from the date of the armistice of the
11th November 1918.
The provisions of the Treaties establishing the delimitation of the
frontiers before 1871 shall be restored.
Article 2
The German Government shall hand over without delay to the French
Government all archives, registers, plans, titles and documents of
every kind concerning the civil, military, financial, judicial or
other administrations of the territories restored to French
sovereignty.
If any of these documents, archives, registers, titles or plans have
been misplaced, they will be restored by the German Government on
the demand of the French Government.
Article 3
Separate agreements shall be made between France and Germany to deal
with the interests of the inhabitants of the territories referred to
in Article 1, particularly as regards their civil rights, their
business and the exercise of their profession, it being understood
that Germany undertakes as from the present date to recognise and
accept the regulations laid down in Annexe 1 hereto regarding the
nationality of the inhabitants of or natives of the said
territories, not to claim at any time or in any place whatsoever as
German nationals those who shall have been declared to be French on
any ground, to receive all others in her territory and to conform,
as regards the property of German nationals in the territories
indicated in Article 1, with the provisions of Chapter III (?)
Article B. b. of the economic clauses.
Those German nationals who without acquiring French nationality shall
receive permission from the French Government to reside in the said
territories shall not be subjected to the provisions of the said
Chapter IV (?) article B. b. of the economic clauses.
For the purposes of this Chapter persons who have recovered French
nationality by virtue of Article I of Annex I shall be held to be
Alsace-Lorrainers.
Similarly the persons referred to in Article 2 of the said Annex
shall be held to be Alsace-Lorrainers with a retroactive effect to
the
[Page 378]
11th November 1918,
from the date on which they may have claimed French nationality
until the moment when this privilege is refused to them.
Article 4
Those persons who have regained French nationality in virtue of
Article 1 of the Annexe attached hereto, will possess the quality of
Alsace-Lorrainers for the purposes of the present Chapter.
The persons referred to in Article 2 of the said Annex will from the
day on which they have claimed French nationality be held to be
Alsace-Lorrainers with retrospective force as from the 11th November
1918. For those whose request is rejected, the privilege will
terminate at the date of the refusal. Those fictitious personalities
will also be held to be Alsace-Lorrainers who have been recognised
as possessing this quality, whether by the French administrative
authorities or by a judicial decision.
Article 5
The territories referred to in Article 1 shall return to France free
and quit of all public debts under the conditions laid down in part
. . . . of the present treaty.
Article 6
In conformity with the provisions of article of part . . . . of the
present treaty France shall enter into possession of all property
and estate of the German Empire or German States situated within the
territories referred to in Article I without incurring any payment
or credit on this account to any of the States ceding the
territories.
This provision applies to all movable or immovable property of public
or private domain together with all rights belonging to the German
Empire or States or to their administrative areas whatsoever.
Crown property and private property of the ex-Emperor or of ex-German
sovereigns shall be assimilated to property of the public
domain.
Article 7
[No text for article 7 is given in these draft articles. For
discussion of this article, see page
375; and concerning its text, see footnote 1, page 376.]
Article 8
A special Convention will determine the conditions for repayment in
marks of the exceptional war expenditure advanced during the course
of the war by Alsace-Lorraine or public bodies in Alsace
[Page 379]
Lorraine on the account of
the Empire according to the terms of German legislation such as
payment to the families of those who have been mobilised,
requisitions, billeting of troops, assistance to those who have been
expelled.
In fixing the amount of these sums Germany will be credited with that
portion which Alsace Lorraine has contributed to the Empire for the
expenses resulting from these payments, this contribution being
calculated according to the proportion of the imperial tax paid by
Alsace Lorraine in 1913.
Article 9
The French Government will collect for its own account the taxes,
duties and dues of every kind of the Empire which being leviable in
the territories referred to in Article I have not been recovered at
the time of the armistice of 11th November, 1918.
Article 10
The German Government shall without delay restore to
Alsace-Lorrainers (individuals, associations and public
institutions) all property, rights and interests belonging to them
on the 11th November, 1918, in so far as these are situated in
German territory.
Article 11
The German Government undertakes to continue and complete without
delay the execution of the financial clauses regarding
Alsace-Lorraine contained in the Armistice Conventions.
Article 12
The German Government engages to bear the expense of all civil and
military pensions which had been acquired in Alsace Lorraine on the
date of 11th November, 1918, and the maintenance of which was a
charge on the budget of the German Empire, with the exception of
military pensions due to these Alsace-Lorrainers who have acquired
or regained French nationality.
The German Government will furnish each year the funds necessary for
the payment in francs at the average rate of exchange for that year
of the sums to which persons resident in Alsace Lorraine would have
had the right in marks if Alsace Lorraine had remained under German
jurisdiction.
[Page 380]
Article 13
For the purposes of the obligation assumed by Germany in part . . . .
of the present treaty to give compensation for damages caused in the
form of fines to the civil populations of the Allied and Associated
countries, the inhabitants of the territories referred to in Article
I shall be assimilated to the above-mentioned populations.
Article 14
The regulations concerning the control of the Rhine and of the
Moselle are laid down in part . . . . of the present treaty.
Article 15
[No text for article 15 is given in these draft articles.]
Article 16
The railway bridges and other bridges now existing within the limits
of Alsace Lorraine upon the Rhine shall, as to all their parts and
their whole length, be the property of the French State, which shall
ensure their upkeep.
Article 17
The French Government succeeds to all the rights of the German Empire
over all the railways which were worked by the Imperial railway
administration and which are actually working or under
construction.
The same shall apply to the rights of the Empire with regard to
railway and tramway concessions within the territories referred to
in Article I.
This substitution shall not entail any payment on the part of the
French State.
The frontier railway stations shall be established by a subsequent
agreement, it being in anticipation stipulated that on the Rhine
frontier they shall be situated on the right bank.
Article 18
In accordance with the provisions of Article 6 (a) of Part I of the economic clauses of the present
Treaty, for a period of five years from the coming into force of the
present Treaty, natural or manufactured products which both
originate in and come from the territories of Alsace and Lorraine
reunited to France shall, on importation into German Customs
territory, be exempt from all Customs duty.
[Page 381]
The French Government shall fix each year, by decree communicated to
the German Government, the nature and amount of the products which
shall enjoy this exemption.
The amount of each product which may be thus sent annually into
Germany shall not exceed the average of the amounts sent annually in
the years 1911–1913.
Further, during the period above-mentioned, the German Government
shall allow the free export from Germany, and the free
re-importation into Germany, exempt from all Customs duties and
other charges (including internal charges), of yarns, tissues, and
other textile materials or textile products of any kind and in any
condition, sent from Germany into the territories of Alsace or
Lorraine, to be subjected thereto any finishing process, such as
bleaching, dyeing, printing, mercerisation, gassing, twisting or
dressing.
Article 19
During a period of ten years dating from the entry into force of the
present Treaty those Central Electric Supply Works situated in
German territory and formerly furnishing electric power to the
territories referred to in Article I or to any establishment the
working of which passes definitely or temporarily from Germany to
France shall be required to continue this supply up to the amount of
consumption corresponding to the undertakings and contracts current
on the 11th November 1918.
This supply shall be effected according to the contracts in force and
at a rate which shall not be higher than that paid to the said works
by German nationals.
Article 20
It is understood that the French Government preserves its right to
prohibit in the future in the territories restored to French
sovereignty all new German participation:
- 1.
- In the management or exploitation of the public domain and
the public services, such as railways, navigable waterways,
water works, gas works, electric power, etc.
- 2.
- In the ownership of mines and quarries of every kind and
the enterprises connected therewith.
- 3.
- In metallurgical establishments, even though their working
may not be connected with that of any mine.
Article 21
As regards the territories referred to in Article I Germany renounces
on behalf of herself and her nationals as from the 11th November
[Page 382]
1918, all rights under the
law of the 25th May 1910, regarding the trade in potash salts, and
generally, under any stipulations for the intervention of German
organisations in the working of the potash mines. Similarly, she
renounces on behalf of herself and her nationals all rights under
any agreements, stipulations or laws, which may exist to her benefit
with regard to other products of the aforesaid territories.
Article 22
The settlement of the questions relating to debts contracted before
the 11th November 1918 between the German Empire and the German
States or their subjects residing in Germany on the one part and
Alsace-Lorrainers residing in Alsace-Lorraine on the other part
shall be effected in accordance with the provisions of Chapter . . .
. of the present Treaty, the expression “before the war” therein
being replaced by the expression “before the 11th November
1918”.
There shall be established in the territories referred to in Article
I for the settlement of the afore-said debts under the conditions
laid down in Chapter . . . . of the present Treaty, a special
clearing office, it being understood that this office shall be
regarded as a “central office” under the provisions of Article 1 of
the regulation in Chapter . . . .
Article 23
The property, rights and interests of Alsace Lorrainers in Germany
will be regulated by the stipulations of Chapter . . . . of the
present treaty.
Article 24
The French Government reserves the right to retain and liquidate all
the property, rights and interests which German nationals or
societies controlled by Germany possessed in the territories
referred to in Article I on November 11, 1918, subject to the
conditions determined in the first clause of Article 3 above.
Germany will directly compensate its nationals who have been
dispossessed by the aforesaid liquidations.
The French Government will apply the product of these liquidations to
the settlement of the private debts referred to in Article 20 [22].
Article 25
Notwithstanding the stipulations of Chapter . . . . of the present
Treaty all contracts made before the date of the promulgation in
Alsace-Lorraine of the decree of 30th November, 1918, between Alsace
Lorrainers (whether individuals or companies) and others resident
[Page 383]
in Alsace Lorraine on
the one part and the German Empire and German States and their
nationals resident in Germany on the other part, the execution of
which has been suspended by the armistice or by subsequent French
legislation, shall be maintained. Nevertheless any contract of which
the French Government shall notify the cancellation to Germany in
the general interest within a period of six months from the date of
coming into force of the present Treaty shall be annulled except in
respect of any debt or other pecuniary obligation arising out of any
act done or money paid thereunder before the 11th November,
1918.
With regard to prescriptions, limitations, etc., in Alsace Lorraine,
the provisions of Articles E and F of Chapter 4 of the Economic
Clauses, shall be applied with the substitution for the expression
“outbreak of the war” of the expression “the 11th November 1918” and
for the expression “duration of the war” of the expression “period
from the 11th November 1918 to the date of the coming into force of
the present Treaty”.
Article 26
Questions concerning the rights of industrial, literary or artistic
property of Alsace-Lorrainers shall be regulated in accordance with
the general stipulations of Chapter . . . . of the present Treaty,
it being understood that those Alsace-Lorrainers who hold rights of
this nature under German legislation will preserve full and entire
enjoyment of these rights on German territory.
Article 27
The German Government undertakes to pay over to the French Government
such proportion of all reserves accumulated by the Empire or by
public or private bodies dependent upon it for the purposes of the
invalidity-old-age insurance as would fall to the invalidity-old-age
insurance office at Strasburg.
Article 28
With regard to the execution of judgments and orders the following
rules shall be applied:
1. All civil and commercial judgments which shall have been given
since the 3rd August 1914 by the Courts of Alsace-Lorraine between
Alsace-Lorrainers, or between Alsace-Lorrainers and foreigners, or
between foreigners, and which shall not have been appealed against
before the 11th November, 1918, shall be regarded as final and
capable of being fully executed. When the judgment has been given
between
[Page 384]
Alsace-Lorrainers
and Germans or between Alsace Lorrainers and subjects of the Allies
of Germany, it shall only be capable of executing after an
“exequatur” has been issued by the corresponding new tribunal in the
restored territory referred to in Article 1.
2. All judgments given by German Courts since the 3rd August 1914,
against Alsace-Lorrainers for political crimes or misdemeanours
shall be regarded as null and void.
3. All sentences passed since the 11th November 1918 by the Imperial
Court of Leipzig on appeals against the decisions of the Courts of
Alsace-Lorraine shall be regarded as null. The papers in regard to
the cases in which such sentences have been given shall be returned
to the Courts of Alsace-Lorraine concerned.
All appeals to the Imperial Court against decisions of the Courts of
Alsace-Lorraine shall be suspended. In the cases referred to above
the papers shall be returned in the following conditions for
transfer without delay to the French Court of Appeal which shall be
competent to decide them.
4. All proceedings in Alsace Lorraine for offences committed during
the period between the 11th November 1918 and the coming into force
of the present Treaty will be conducted under the German laws except
so far as these have been modified by decrees duly published on the
spot by French authorities.
Article 29
All other questions concerning Alsace-Lorraine which are not
regulated by the present Chapter and its Annex or by the general
stipulations of the present Treaty, will form the subject of further
conventions between France and Germany.
Article 30
Reserved Alsace Lorrainers will for the
purpose of the reparation of damages of the classes dealt with in
Annexe I to the Chapter on Reparations be assimilated to the
nationals of the Allied and Associated Powers.
Annexes
1. Nationality
(Annex to Article 3)
Article 1
The following persons are reinstated in French nationality as of full
right from the 11th November 1918:
[Page 385]
- (1)
- Persons who lost French nationality by the application of
the Franco-German Treaty of the 10th May 1871, and who have
not since that date acquired nationality other than German
nationality:
- 2.
- The legitimate or natural descendants of the persons
referred to in the immediately preceding paragraph, with the
exception of those whose ascendants in the paternal line
include a German who immigrated into Alsace-Lorraine after
the 15th July, 1870:
- 3.
- All persons born in Alsace-Lorraine of unknown parents, or
whose nationality is unknown.
Article 2
Within the period of one year from the signature of the Preliminaries
of Peace, persons included in any of the following categories may
claim French nationality:
- (1)
- All persons not restored to French nationality whose
ascendants include a Frenchman or French woman who lost
French nationality under the conditions referred to in
Article 1:
- (2)
- All foreigners, not nationals of a German State who
acquired the status of a native of Alsace-Lorraine before
the 3rd August, 1914.
- (3)
- All Germans resident in Alsace-Lorraine, if they have been
so since a date previous to the 15th July, 1870, or if one
of their ascendants was at that date domiciled in
Alsace-Lorraine:
- (4)
- All Germans born or domiciled in Alsace-Lorraine, who have
served in the Allied or Associated armies during the present
war, and the descendants of such Germans:
- (5)
- All persons born in Alsace-Lorraine before the 30th May,
1871, of foreign parents, and the descendants of such
persons:
- (6)
- The husband or wife of any person whose French nationality
may have been restored under Article 1, or who may have
claimed and obtained French nationality in accordance with
the preceding provisions.
The legal representative of a minor may exercise, on behalf of that
minor, the right to claim French nationality; and if that right has
not been exercised, the minor may claim French nationality within
the year following his majority.
Except in the cases provided for in No. 6 of the present Article, the
French authorities reserve to themselves the right, in individual
cases, to reject the claim to French nationality.
Article 3
Subject to the provisions of Article 2, Germans born or domiciled in
Alsace-Lorraine shall not acquire French nationality by reason of
the restoration of Alsace-Lorraine to France, even though they may
have the status of a native of Alsace-Lorraine.
[Page 386]
They may only acquire French nationality by naturalisation, on
condition of having been domiciled in Alsace-Lorraine from a date
previous to the 3rd August, 1914, and of submitting proof of
unbroken residence within the restored territory for a period of
three years from the 11th November, 1918.
France will be solely responsible for their diplomatic and consular
protection from the date of their application for French
naturalisation.
Article 4
The French Government shall determine the procedure for establishing
the reinstatement as of right, and the conditions under which
decisions shall be given upon claims to French nationality and upon
applications for naturalisation under the present Treaty.
