Paris Peace Conf. 180.03401/141
IC–180C
Notes of a Meeting Held at President Wilson’s House in the Place des
Etats-Unis, Paris, on Saturday, May 3, 1919, at 12.10 p.m.
Paris, May 3, 1919, 10 p.m.
- Present
- United States of America
- President Wilson
- Dr. D. H. Miller
- France
- M. Clemenceau
- M. Berthelot
- British Empire
- The Rt. Hon. D. Lloyd George, M. P.
- The Rt. Hon. A. J. Balfour, O. M., M. P.
- Mr. J. W. Headlam-Morley
- Mr. E. H. Carr
- Japan
- Baron Makino
- Viscount Chinda
| Sir Maurice Hankey, K. C. B., Secretary |
| M. Mantoux, Interpreter |
Preliminary Report of the Committee on New
States 1. The Preliminary Report of the Committee on New
States was presented for consideration (Appendix).
President Wilson proposed that for “the
commerce of the Allied and Associated Powers” in the last line of Annex
A, the words “the commerce of other nations” should be substituted.
(This was agreed to, and it was decided that this clause should be
inserted in the Treaty in substitution of the existing Article 7 of the
Chapter relating to Poland.)
The Articles contained in Annex B were then considered.
On the proposal of President Wilson, it was decided that Articles 1 and 2
should be sent to the Drafting Committee with instructions that they
should be inserted in the Treaty with Germany, unless the points
contained therein were already adequately covered by other articles.
With regard to Article 3, Mr. Headlam-Morley
explained that while accepting in principle the substance of the
provisions contained in this Article, he had felt great apprehension as
to the acceptance of the provisions as they stood, without a detailed
consideration and without consultation with the legal authorities. It
had been impossible in the very limited time at the disposal of the
Committee either to consider proposals in detail or to consult the legal
advisers.
Mr. Lloyd George confirmed this view.
[Page 440]
Dr. Miller pointed out that unless Article 3 or
some provision of a similar character were inserted in the Treaty, there
would be nothing in the Treaty binding Poland to accept provisions
safeguarding the rights of individuals in the matter of citizenship.
To meet this objection President Wilson proposed that in the Article
contained in Annex A, the inclusion of which in the Treaty had already
been agreed to, the word “inhabitants” should be substituted for
“communities” in Line 4.
(This was accepted. The Article in Annex A was as amended then sent to
the Drafting Committee.)
The Committee on New States was instructed to draft for embodiment in the
separate Treaty with Poland clauses giving effect to the general
principles of Article 3.
(It was decided that the decisions taken with regard to Poland should
apply equally to Czecho-Slovakia, and that the necessary instructions
should be sent to the Drafting Committee to this effect.)
Mr. Headlam-Morley then raised the question of
the proposed Article regarding railway facilities. Some uncertainty
appeared to have arisen as to whether this Article should be included or
not.
(It was decided that the Article should be included.)
Mr Headlam-Morley then proposed that Articles
should be inserted in the Treaty containing provisions (a) to prevent the Germans building fortifications
which might threaten the free navigation of the Vistula, (b) to prevent the Germans requisitioning in or
otherwise injuring territory ceded by them to Poland during the interval
which would elapse before the cession actually took place.
(This was approved and instructions were sent to the Drafting Committee
accordingly.)
Villa Majestic, Paris, May 3, 1919.
[Appendix]
The Committee on New States
M. 103
Report to the Council of
Three
In the unavoidable absence of M. Berthelot (French Representative),
Dr. Miller (American Representative) and Mr. Headlam-Morley (British
Representative) met on Friday, May 2nd and considered the
instructions contained in Sir Maurice Hankey’s letter of May
1st.1
It was unanimously agreed that the matters raised by Sir Hubert
Llewellyn Smith concerning the economic and other obligations which
[Page 441] it might be necessary
to impose on New States, were of so extensive and complicated a
nature that it was quite impossible to consider them in time to
incorporate them in the Treaty of Peace with Germany.
It was therefore agreed that there must be separate Treaties
negotiated between the Five Allied and Associated Powers on the one
hand and the new States—for instance, Poland—on the other, in which
these and other matters which might arise would be dealt with. A
suitable form for those Treaties could be devised without much
difficulty for though in most cases the new States have been
recognised, in no case has the territory over which the Government
has control been specified, and there are many matters consequential
on recognition such as the establishment of consular relations,
which will have to be dealt with.
Having agreed to this, the Committee then considered the question of
the protection of Minorities. It was again agreed that the question,
in particular so far as it affects the Jews in Poland, is so
contentious and so difficult that it is impossible to come to
precise conclusions about it in the short time available before the
text of the Treaty with Germany is closed. It was agreed, therefore,
that all the detailed clauses dealing with this matter should be
placed in the separate Treaties referred to.
It was also agreed, however, that there must be inserted in the
Treaty with Germany some general clause referring to the other
Treaty, and that this should be made of a binding nature. The text
of the clause proposed is annexed (Annex A).
It was agreed that it would be essential at some stage, either in the
Treaty with Germany or in the separate Treaty to be negotiated with
Poland, to insert clauses defining Polish citizenship and political
and religious equality. This is necessary, as the experience of
Rou-mania has shown, for the protection of the Jews and other
minorities, and the importance of this has been very strongly
pressed upon us by the Jewish representatives whom we have seen; it
will be equally important for other minorities. Clauses have been
drafted providing for this in such a form that they can be inserted
in the Treaty with Germany (See Annex B).
It was agreed that it must be left to the decision of the Council of
Three whether those clauses should be inserted in the Treaty with
Germany or in the separate Treaty, while all were agreed that if
there had been sufficient time it would have been preferable to
insert them in the Treaty with Germany, the British Representative
feels himself bound to point out that it has been impossible for him
to consult the British Legal Advisers.
The American Representative is of the opinion that the insertion in
the Treaty of Peace of some clause binding Poland in respect of [Page 442] the citizenship and rights
of those millions of her population which are not German is
essential.
The British Representative is inclined to think that the Article
given in Annex A gives sufficient scope to enable the clauses in
Annex B to be inserted in the separate Treaties.
Both are agreed that if there is time to get the consideration which
is necessary from the French and British legal advisers, and if it
is possible in the time to get these clauses through the Drafting
Committee, they may well be inserted in the Treaty with Germany.
As to procedure, the most convenient arrangement would be that the
special Treaty with Poland at any rate, should be prepared as
quickly as possible and should be ready for signature at the same
time as the general Treaty with Germany. There are advantages in
this that Poland would be bound, not as against Germany, but as
against her Allies but at the same time the Germans would have
cognisance of the separate Treaty which is, as will be seen,
specifically referred to in the main Treaty.
In accordance with their instructions, the Committee started with
their consideration of the Polish question. It is recognised that
the same problems, though in a slightly different form, arise in the
case of Czecho-Slovakia, and they are agreed that apart from any
detailed modifications of form which may appear necessary, these
clauses which have been drafted especially for the case of Poland,
should be applied also to Czecho-Slovakia.
They have unfortunately, however, not been able to procure a single
copy of the chapter of the Treaty dealing with Czecho-Slovakia in
its final form, or to discuss the matter with those immediately
responsible for dealing with Czecho-Slovakia, and are therefore not
in a position to advise as to whether any alteration in the form or
details may be required.
2.5.19
Annex A
Recognition of Poland (and Czecho-Slovakia)
Article
(Substitute for Article 7 of Chapter relating to
Poland)
Poland accepts and agrees to embody in a Treaty with the Five Allied
and Associated Powers such provisions as may be deemed necessary by
the Five Allied and Associated Powers to protect the interests of
inhabitants in Poland who differ from the majority of the population
in race, language or religion.
[Page 443]
Poland further accepts and agrees to embody in a Treaty with the Five
Allied and Associated Powers such provisions as may be deemed
necessary by the Five Allied and Associated Powers to protect
freedom of transit and equitable treatment of the commerce of other
Nations.
Annex B
Recognition of Poland (and Czecho Slovakia)
Chapter …
Article 1
Without prejudice to the effect of any previous recognition of
Poland, Germany as well as the Allied and Associated Powers
recognises Poland as a sovereign and independent State.
Article 2
The boundaries of Poland not mentioned or determined by the
provisions of this Treaty will be subsequently fixed by the Five
Allied and Associated Powers.
Article 3
Poland undertakes the following obligations to each of the other
Allied and Associated Powers, and recognises them to be obligations
of international concern of which the League of Nations has
jurisdiction:
- 1.
- Without any requirement of qualifying or other
proceedings, Poland admits and declares to be Polish
citizens:
- (a)
- all persons habitually resident in territories
recognised to be Polish by this or any subsequent
Treaty, except those who are citizens or subjects of
one of the Allied or Associated Powers or of a Power
which was neutral throughout the late war;
and
- (b)
- all persons hereafter born in Poland not nationals
of another State.
- The foregoing provisions shall not limit or affect any
provision of Articles 4 and 5 of Chapter …
- 2.
- Poland agrees that all citizens of Poland shall enjoy
equal civil and political rights without distinction as to
birth, race, nationality, language or religion.
- 3.
- Poland assumes and will perform the following obligations:
- (a)
- To protect the life and liberty of all inhabitants
of Poland;
- (b)
- To assure to all inhabitants of Poland the free
exercise, whether public or private, of any creed,
religion, or belief, whose practices are not
inconsistent with public order or public
morals;
- (c)
- To allow all inhabitants of Poland the free use of
any language, particularly in business transactions,
in schools and other educational instruction, in the
press, and at public meetings and assemblies;
and,
- (d)
- To make no discrimination against any inhabitant
of Poland on account of birth, race, nationality,
language, or religion.
- 4.
- Poland agrees that the foregoing obligations are hereby
embodied in her fundamental law as a bill of rights, with
which no law, regulation, or official action shall conflict
or interfere, and as against which no law, regulation, or
official action shall have validity or effect.
Article 4
Poland accepts and agrees to embody in a treaty with the Five Allied
and Associated Powers such provisions as may be deemed necessary by
the Five Allied and Associated Powers to protect the interests of
communities in Poland which differ from the majority of the
population in race, language, or religion.
Poland further accepts and agrees to embody in a Treaty with the Five
Allied and Associated Powers such provisions as may be deemed
necessary by the Five Allied and Associated Powers to protect the
freedom of transit and equitable treatment of the commerce of the
Allied and Associated Powers.
4. railway facilities
Germany and Poland undertake within one year of the conclusion of
this Treaty to enter into a Convention of which the terms in case of
difference shall be settled by the Council of the League of Nations,
with the object of securing, on the one hand to Germany, full and
adequate railroad facilities for communication between the rest of
Germany and East Prussia over the intervening Polish territory, on
the other hand to Poland, full and adequate railroad facilities for
communication between Poland and the City of Danzig over any German
territory that may, on the right bank of the Vistula, intervene
between Poland and the City of Danzig.
