Paris Peace Conf. 180.03501/61
HD–61
Notes of a Meeting of the Heads of Delegations of the Five Great
Powers Held in M. Pichon’s Room at the Quai d’Orsay, Paris, on Friday,
September 26, 1919, at 10:30 a.m.
Paris, September 26, 1919, 10:30
a.m.
- Present
- America, United States of
- Secretary
- British Empire
- Secretary
- France
- M. Tardieu
- later M. Cambon
- Secretary
- M. Dutasta
- M. de St. Quentin
- Italy
- Secretary
- Japan
- Secretary
Joint Secretariat |
America, United States of |
Captain Chapin. |
British Empire |
Captain Hinchley-Cooke. |
France |
M. Massigli. |
Italy |
M. Zanchi. |
Interpreter—M.
Camerlynck |
The following were also present for the items in which they were
concerned.
- America, United States of
- General Bliss
- Mr. F. K. Nielsen
- British Empire
- Hon. H. Nicolson
- General Sackville-West.
- Lt. Col. Kisch.
- France
- General Weygand
- M. Laroche
- M. Kammerer
- M. Pieyre.
- Italy
- M. Dell’Abbadessa.
- M. Pilotti.
1. M. Tardieu read the following memorandum of
the Secretariat-General with regard to the action taken on the
resolution of the Supreme Council of September 23rd:1
German Tank Steamers
“The resolution of the Supreme Council dated September 23rd in
regard to the German oil steamers was
[Page 375]
transmitted on the 23rd to the Supreme
Economic Council by the Secretariat-General.
The Supreme Economic Council forwarded the resolution on the
morning of September 24th to its permanent Committee in
London.
The latter body immediately brought the matter to the attention
of the Allied Naval Armistice Commission which functions
likewise in London. This body gave the necessary orders at once
to suspend the departure of the ships in question.”
Sir Eyre Crowe said that he had received a
telegram from Lord Curzon dated September 25th (See Appendix “A”). He
pointed out that the important portion of this telegram was that the
Allied Maritime Transport Executive believed that the question of the
disposition of the ships was one for the Supreme Council. The A. M. T.
E. had recommended that the tank steamers be allocated to Allied
management along with other vessels to which claim had been put forward
under the terms of the Armistice. The first voyage, however, would be
for the transport of oil to Germany. He added that in the event that the
steamers had already left for the Firth of Forth they would be diverted
and allowed to proceed to the United States for their cargo of oil.
Mr. Polk said that he was happy to hear of the
measures which had been taken.
M. Tardieu said that he would at once
communicate Lord Curzon’s telegram to the French members of the Supreme
Economic Council.
2. (The Council had before it the proposed Treaty with New States
prepared by the Commission on Political Clauses, together with the
report of that Commission accompanying the Treaty. (See Appendices “B”
and “C”.) Proposed Treaty With New States Clauses
Relating to Reciprocal Relations in Transferred
Territories
M. Laroche in commenting upon the Treaty and
the report, said that the Commission was unanimous in the text of the
clauses of the Treaty. It had not been unanimous on the question of what
Powers should be parties to, and signatories of, the Treaty. The
majority of the Commission had thought that all the Principal Allied and
Associated Powers should sign the document, but the United States had
formulated an objection to its participation in the signature. The
United States Delegation had felt that the matters embraced in the
proposed Treaty were not broad questions resulting from the breaking up
of the Austro-Hungarian Monarchy, and therefore of direct concern to all
the Allied and Associated Powers, but were rather questions of local
interest concerning only the new States and the States possessing ceded
territory. If the Treaty came into force it would import [impose?] a specific legal obligation only on the
directly interested Powers. The United States felt therefore that it was
neither desirable nor advisable
[Page 376]
that all the Principal Allied and Associated Powers should be
signatories to the Treaty, although representatives of these Powers, in
participating in the framing of the proposed articles, might be able to
assist in facilitating the negotiations among the Powers directly
interested.
As opposed to this point of view, the majority of the Commission had felt
that it would be necessary for all the Principal Allied and Associated
Powers to sign, for otherwise the Treaty would be deprived of its
authority in the eyes of the New States. Although the Commission felt
that the interests of the New States had been carefully safeguarded by
the Treaty and that the clauses were for the common good of all, the
latter might distrust a Treaty which did not carry the signatures of all
the Allied and Associated Powers. Should the United States refuse to
sign, the important point arose as to what steps the other Principal
Allied and Associated Powers should take. It was possible for the Four
Principal Allied and Associated Powers to sign, even though the United
States did not do so. The second method of procedure would be to make a
united presentation of the Treaty by the Principal Allied and Associated
Powers to the New States and jointly recommend that the same be signed
by them.
Mr. Polk said that this was a matter which
Secretary Lansing had had before him, prior to his departure for the
United States. Mr. Lansing had felt that the Treaty was one between
friendly Powers and involved no enemy states. He had taken the position
that it was not necessary for the American signature to appear, as he
felt that it was difficult to justify the interests which United States
might have in signing.
Sir Eyre Crowe said that, following out the
reasons advanced by M. Laroche, he believed that all the Principal
Allied and Associated Powers should sign the Treaty. The British Empire
had no immediate interests in the matter but he believed that it should
be a signatory power. He thought that, even in the absence of a United
States signature, all the Principal Allied and Associated Powers should
sign. A joint action of this kind would give the smaller States the
impression that all the large Powers were interested in the matter,
because the Treaty formed a portion of the liquidation of the
Austro-Hungarian Monarchy. He was willing, however, to be guided by the
wishes of the majority of his colleagues.
Mr. Scialoja said that he believed a refusal of
the United States to sign the Treaty was a pure matter of internal
interest. The Principal Allied and Associated Powers had taken part in
Treaties in which they had no direct interest, as for example, in the
case of Spitz-bergen. He pointed out that the United States had been
represented on the Commission on Political Clauses, had taken an active
[Page 377]
part in the framing of the
Treaty, and presumably had therefore felt that matters of general
interest were being settled. He was unable to urge Mr. Polk to sign the
Treaty against the wishes of his Government. He would like to ask Mr.
Polk, however, whether he would agree to a joint presentation of the
Treaty by the Principal Allied and Associated Powers to the small States
urging the latter to sign the same. In this way the Treaty would be
given moral force.
Mr. Polk said that he had no objection to this
method of procedure.
Mr. Matsui said that the Japanese Empire had no
particular interest involved, but as the Treaty concerned the general
liquidation of the Austro-Hungarian Monarchy all the Principal Allied
and Associated Powers should sign. In view of the United States’
objection, and by taking advantage of the period of twenty days proposed
between the presentation of the Treaty and the signature, he would
obtain the instructions of his Government in the matter. He would
recommend, that the Japanese Empire be a signatory party. Should M.
Scialoja’s proposition be accepted, however, he would have no difficulty
in joining on behalf of Japan in the common presentation by the five
Principal Powers.
M. Laroche said that he gathered from the
discussion that the Council agreed to approve the text of the Treaty and
that the Treaty itself should be presented to the new States by the
Principal Allied and Associated Powers jointly with a recommendation
that it be signed by the former. Furthermore a period of twenty days was
to be accorded the New States between the time of presentation and the
signature of the Treaty. He added that it was extremely necessary to
decide upon a fixed period in order to prevent the matter being drawn
out and any of the New States taking advantage of this to avoid
signing.
M. Tardieu said that as it was better for all
the great Powers to take the same attitude on the question, he proposed
that M. Laroche’s solution of the matter be adopted.
It was decided:
- (1)
- That the text of the proposed Treaty with the New States
(Clauses Relating to Reciprocal Relations in Transferred
Territories) prepared by the Commission on Political Clauses
should be accepted.
- (2)
- That the proposed Treaty should be presented to the
Delegations of the interested states by the Principal Allied and
Associated Powers jointly. The latter should impress upon the
Delegations of the New States the necessity for the signature of
the Treaty in question, and should request them to obtain the
consent of their Governments as soon as possible, but in any
case within a period of twenty days, at the expiration of which
the Treaty should be signed in Paris by the plenipotentiaries of
the interested States.
(At this point M. Tardieu left the room and M. Cambon took the
chair.)
[Page 378]
Repatriation of Czecho-Slovak Troops in Siberia |
3. |
} |
(These questions were adjourned) |
Distribution of Allied Troops in the Plebiscite
Areas |
4. |
Report of the Commission on Baltic Affairs on the
Occupation of Memel |
5. |
6. The Council had before it a note from Marshal Foch, dated August 21st,
1919, (See appendix D).
Mr. Polk said that there was no objection to
the proposals contained in this note from the point of view of the
United States. Recommendation of Marshal Foch That
the Military Experts Under Article 163 of the German Peace Treaty
Should Be Member of the Inter-Allied Commission of Control Under
Articles 203 and 210 of the Treaty
Sir Eyre Crowe said that the British
representatives agreed with Marshal Foch’s proposals.
M. Scialoja said he had no objections to
formulate.
M. Matsui said that he was not entirely
familiar with the question.
General Weygand commented and explained briefly
the note in question.
M. Matsui said that he had no objections to
present.
It was agreed that:
The Conference of Military Experts of the Principal Allied and
Associated Powers provided tor by Article 163 of the Peace Treaty to
determine the reduction of effectives to be imposed on Germany for
each period of 3 months following the coming into force of the
Treaty, should be composed of the presidents and of the most
important members of the Inter-Allied Commissions of Control
constituted in conformity with articles 203–210, and chosen in such
a way that all the Allied and Associated Powers be represented in
the said Conferences.
The President of the Inter-Allied Military Commission of Control
should be charged with deciding the composition of this Conference
and the dates of its sessions in agreement with the precedents of
the Naval and Aerial Commissions.
7. (This question was adjourned.) Communication to
German Government Relative to the Evacuation of the Baltic
Provinces
8. (The Council had before it a note from the Commission on Execution of
the Treaty Clauses, asking that the German Government be requested to
notify the Allied and Associated Powers of the Government property in
German territory to be ceded to Poland.) (See Appendix E.) Note From the Commission on Execution of the Treaty
Clauses Relative to German Property in Territory To Be Ceded to
Poland
Sir Eyre Crowe said that he was prepared to
accept the proposals contained in the note.
[Page 379]
Mr. Polk said that he was likewise prepared to
accept the same, but wished to reserve his final decision until he had
consulted the United States expert in the matter. (Mr. Polk later
notified the Secretariat-General that he had no objections to
formulate.)
It was decided: to accept the proposals in the note of the Commission on
Execution of the Treaty Clauses. (See Appendix E.)
It was further decided to request the German Government to furnish the
Allied and Associated Powers all information relative to all Government
property, which is required to be turned over to Poland within the
territory to be ceded to the latter, under the terms of the Treaty with
Germany.
9. (The Council had before it two notes of The German Delegation dated
respectively August 1st and August 5th (See Appendixes F and G),
together with a proposed reply thereto submitted by the Committee on the
Execution of the Clauses of the German Treaty. (See Appendix H).) The Question of Eupen and Malmedy
Mr. Polk said that he had a slight change to
propose in the text of the reply. In the 3rd paragraph (English text)
the expression, “with the sole reservation that the League of Nations
might later order the return to Germany of the whole or part of these
territories,” appeared. He believed that the use of the word “might” in
this connection was not strictly in accordance with Article 34 of the
Peace Treaty and the covering letter sent to the German Delegation on
June 16th, 1919.2 As the text now stood the
proposed reply stated in substance that the League of Nations might
disregard the wishes of the majority of the inhabitants of Eupen and
Malmedy, whereas, the covering letter referred to had said that, in the
cases of the territories which it was proposed to transfer from Germany
to Denmark and Belgium, this transfer would only take place as the
result of a decision of the inhabitants themselves taken under
conditions which would insure complete freedom of vote.
He proposed that the word “might” should be changed to read “will”.
M. Laroche said that Article 34 of the Treaty
with Germany did not impose a fixed obligation upon the League of
Nations to return the territory in question to Germany, should the
majority of the population express its wish in that direction. He
thought that a moral obligation was imposed upon the League of Nations
but not an absolute one. The text of the reply as it stood seemed to him
to clearly express the obligation created by the article in
question.
Sir Eyre Crowe said that he agreed with M.
Laroche’s interpretation of the matter.
[Page 380]
M. Laroche added that the change proposed by
Mr. Polk might result in adding something to the Treaty which was not
included therein.
(After some further discussion on the matter Mr. Polk withdrew his
proposal for the change in question, and
It was decided that the reply to the German notes on Malmedy and Eupen,
as submitted by the Committee on the Execution of the Clauses of the
German Treaty, be accepted.)
10. (The Council had before it a letter from the British Delegation dated
August 26th. (See Appendix I.).)
Sir Eyre Crowe said that the matter in question
was Question of small importance but that he wished to obtain the
decision of the Council before taking any action thereon. It has been
originally agreed that the final text Germany German Treaty should alone
be made public, and that the preliminary conditions of peace as handed
to the Germans should be kept secret. However, the different notes which
had been exchanged between the German Delegation and the Allies had
appeared in the newspapers of several countries. Some of the passages in
these notes were rendered unintelligible by the fact that they referred
to clauses which had been proposed for the Treaty and later modified or
withdrawn. These clauses had not been made public coincidently with the
notes. The British Government wished to publish the clauses referred to
in the notes as Annexes to the latter, but before so doing was anxious
to obtain the approval of the Supreme Council. Question of Publication of Documents connected With the Treaty With
Germany
M. Cambon asked whether it was desired to
publish all the clauses which had been omitted from the final Treaty or
only those to which reference had been made in the notes in
question.
Sir Eyre Crowe said that only those referred to
in the notes were contemplated.
Mr. Polk asked whether the Treaty as originally
presented to the German Delegation had not been published in the Allied
countries, as it had been made public in Germany.
Sir Eyre Crowe answered that it had not been
possible to publish it in the British Empire because by so doing the
Houses of Parliament would have been entitled to have the Treaty before
them and to discuss the same even before it was known whether or not
Germany would accept it. The mere fact that the preliminary Treaty had
appeared in Germany did render its presentation to the British
Parliament necessary.
M. Cambon asked that the decisions might be
adjourned until he had had an opportunity to consult Mr. Clemenceau.
[Page 381]
M. Scialoja pointed out that this was a mere
question of form in view of the fact that publication had actually been
made in many countries.
M. Cambon said that there was a difference
between official and unofficial publication.
(It was decided:
to adjourn the decision of this question until the following day.) (The
Meeting then adjourned.)
Hotel de Crillon,
Paris
, September
26, 1919.
Appendix A to HD–61
Telegram From Lord Curzon to Sir Eyre
Crowe, September 25, 1919
German Tank Steamers
The Organizing Committee of the Reparations Commission referred this
question to the A. M. T. E. on August 29th, with the knowledge of
the American Representative on that Committee, Mr. J. F. Dulles. At
the meeting of the A. M. T. E. held on September 17th, Mr. Anderson,
who represented the United States, handed in to the Supreme Economic
Council a memorandum with reference to the question. This memorandum
was signed by Captain Tobey, U. S. N.
It was accordingly decided by the A. M. T. E. that the questions
should be submitted to the Supreme Economic Council. Mr. Anderson
concurred in this decision. The recommendation which the A. M. T. E.
forwarded to the Supreme Economic Council was substantially as
follows:—
“Allocate the tank steamers to Allied management along with other
vessels to which claims were put forward under the terms of the
Armistice, and, at any rate for their first voyage, use them for
the transport of oil to Germany.”
The representative of the United States on the A. M. T. E. intimated
that if the Supreme Council, by adopting this resolution, should
approve the revocation of the clause in the Brussels Agreement2a whereby these
German tank steamers were provisionally exempted, no objection would
be raised and on September 30th [20th] the
Supreme Economic Council confirmed the resolution by the A. M. T.
E.
No promise has been given to Germany with respect to these steamers
nor have the Germans raised any objection to surrendering them but
have, on the contrary, prepared them for surrender and have
[Page 382]
furnished them with coal
only for the journey to the Firth of Forth. No breach of faith with
Germany is therefore involved.
Neither the A. M. T. E. nor the Supreme Economic Council has any
knowledge of the decision of the Supreme Council mentioned in your
telegram of yesterday.
A full report is being sent for the information of the Supreme
Council by the President of the Allied Naval Armistice
Commission.
In view of a report received from H. M. S. Coventry that a seaman’s strike is imminent at Hamburg the
tank steamers were ordered to the Firth of Forth on September 23rd.,
and the Ministry of Shipping put forward a strong plea that the
action already taken should not be interfered with.
The following is the passage referred to:—“This action was in
contradiction with the resolution of the Supreme Council, which had
decided, in view of the pressing need of oil in Germany to leave
these ships in German hands.”
Appendices B and C to HD–61
Report Presented to the Supreme
Council by the Commission on Political Clauses
Summaey of the Papees
- 1.
- Purpose and Composition of the Commission
- 2.
- Report of the Commission
- 3.
- Conclusions
- 4.
- Text of the Articles of the Treaty.
Commission on Political
Clauses
The Supreme Council, in its meeting of July 11, 1919,4 decided to name a
Commission to examine M. Sonnino’s proposal that certain political
clauses of the Treaty of Peace with Austria be applied to all the
territories of the former Austro-Hungarian Monarchy. This Commission
is composed of five members, one member for each of the following
great Powers: United States of America, British Empire, France,
Italy [, Japan]. Purpose of the
Commission
The Commission was able to hear the representatives of the interested
States.
[Page 383]
members
- United States of America
Composition of the Commission
- British Empire
- France
- Italy
- Japan
Equally assisted at the meeting as technical experts:
- British Empire
- France
- Italy
- M. A. Dell’Abbadessa
- M. Pilotti
- Japan
- M. Kato
- M. Kawai
- M. H. Ashida
Secretary of the Commission:
Baron Pieyre
The Commission has heard:
- For Poland
- M. Stanislas Patek
- M. Ladislas Grabski
- M. Roman Bybarski
- Representatives Heard
- For Roumania
- M. Ef. Antonesco
- For the Serb-Croat-Slovene State
- M. Ivan Zolger
- M. Velizar Yankovitch
- For Czecho-Slovakia
- M. Jean Kramar
- M. Hugo Vavrecka
[Page 384]
Report to the Supreme Council by the
Commission on Political Clauses
In accordance with the mission assigned to it by the Supreme Council
of the Principal Allied and Associated Powers, pursuant to the
resolution of July 11, 1919, the Commission on Political Clauses of
the Treaty with Austria examined M. Sonnino’s proposal that certain
political clauses of the peace treaty with Austria be applied to all
the territories of the former Austro-Hungarian Monarchy. Work of the Commission
These labors have resulted in the preparation of a draft treaty to be
concluded between the Allied States to which Austrian or Hungarian
territory has been or will be transferred or which came into
existence as a consequence of the dismemberment of Austria-Hungary.
The new order thus created raises, in effect, with regard to the
immediate relations of the interested States and those of their
respective nationals, problems which it is important to settle.
Their settlement, by contributing to the establishment of a basis
for perfect reciprocity of economic and legal relations between the
States concerned, will have the most beneficial influence upon the
development of confidence and friendly relations among these powers.
Object and Nature of the Treaty
A treaty of this nature, in which only Allied States participate,
should necessarily be agreed upon freely by all powers concerned.
For this reason, the stipulations therein could not be of the same
character as the analogous stipulations which had been drawn up as a
result of a treaty of peace imposed on Austria, an enemy State.
The Commission has therefore modified the original text which was
based on the treaty with Austria. Furthermore, with a view to
facilitating the conclusion of this agreement, it received
semiofficially, the delegates of the new States. Taking into account
their observations, it modified certain clauses, while it abolished
others or drafted new ones, seeking thereby to render more certain
the adhesion of the interested States.
However, the Yugo-Slav delegates made a general observation.
Considering the clauses submitted for their examination only of
subordinate character, they expressed the opinion that a treaty of
this kind should be much broader in scope, of a nature to include
questions of the status of nationals, consular conventions, customs,
and navigation, etc. In deference to the Principal Allied and
Associated Powers as well as the other Allied States which would
accept the treaty, the Yugo-Slav delegation, nevertheless, accepted
in principle the articles of the draft prepared.
[Page 385]
It has made only two reservations:
first, for article 3, which provides for a term of five years,
whereas it would like to see 3 years fixed as the maximum term;
second, for articles 4 (coastal trade) and 5 (fisheries) which it
would like to make subordinate to the question of the restitution of
Yugo-Slav boats. According to the Yugo-Slavs, since this question
has not yet been settled, all semblance of reciprocity is removed
from these two clauses. Reservations of the
Yugo-Slavs
Likewise, the Roumanian delegation, not having received adequate
instructions from its Government, did not consider it could pledge
itself, even unofficially, to accept the different articles of the
treaty. It was able, however, to furnish some interesting
observations, which were taken into account during the discussion of
the articles. Reservations of the
Roumanians
The Commission was unanimous in believing that certain of these
measures, which had not been provided for in the treaty with
Austria, since it was an enemy State, should supplement the
provisions of the latter document. This was taken into consideration
for certain articles of the treaty with Austria, which as a
consequence were revised, particularly those having to do with
nationality clauses; thus article 42, which referred only to Italy,
was extended to other Allied States to which Austrian territory has
been transferred or which have come into existence through the
dismemberment of Austria-Hungary; it is the same for the
communication of archives of interest to the transferred territories
(article 93). Application to Austria and
Hungary
The draft treaty contains other stipulations without political
interest, but having features of general interest which it would be
desirable, for the immediate relations of the territories of former
Austria-Hungary, to have extended to Austria and Hungary as soon as
the peace has been signed. In accordance with the decision of the
Supreme Council of August 8 [6]5 a special provision of
the draft provides the possibility for these two States to
participate in these measures. It is in the same spirit that the
present Commission, in accord with the Economic Commission,
presented to the Supreme Council, which adopted it in its session of
August 28,6 the text
of an article to be inserted in the treaty with Austria, by the
terms of which questions concerning the nationals of the former
Austro-Hungarian Monarchy not mentioned either in the present
treaty, or in the treaty of peace with Austria, will be made the
subject of special conventions drafted at a conference made up of
delegates of the powers concerned.
[Page 386]
As the Supreme Council may note in the preamble of the treaty, the
participation of the Principal Allied and Associated Powers in this
agreement is specified. It is not a question of their direct
intervention in the clauses of the treaty which are obligations only
for the States to which Austrian or Hungarian territory has been or
will be transferred or which have arisen from the dismemberment of
Austria-Hungary. But, it seemed to the Commission, with the
exception of the opinion expressed by the American delegation, that
the Principal Allied and Associated Powers, having determined, by
the success of their arms, the dissolution of Austria-Hungary and
contributed thus to the creation of new States or to the cession of
important territories to States already existent, could not
disregard the future of these States and have the duty of
facilitating the conclusion of an accord determining the reciprocal
relations of the territories separated from the former
Austro-Hungarian Monarchy. Participation of the
Principal Allied and Associated Powers
But it is undeniable that the participation of the Principal Allied
and Associated Powers in the treaty drafted, while not implying any
obligation for them, will have the result of conferring on this
document a “patronage” which will give it moral authority of a
nature to render negotiation less difficult.
It cannot be concealed that, if they are left to themselves, the new
States, at the risk of allowing their populations to endure the
inconveniences caused by the delay in the settlement of questions
which it is at the same time urgent to determine, will reach
agreement only with difficulty, either because of mutual distrust
which makes them suspicious of arrangements clearly suggested by
their own interests, or because of the desire to have joined to this
settlement those other questions of a political or economic nature,
for which they desire a speedy solution, but whose addition to the
present Treaty would only complicate the negotiations still
more.
Conclusions
Consequently, the Commission has the honor to submit to the Supreme
Council the draft treaty hereto annexed, the text of which has been
reviewed by the Drafting Committee, requesting that it will:
- 1.
- Kindly approve the text of the articles;
- 2.
- Approve likewise the participation of the Principal Allied
and Associated Powers in the treaty for the reasons given
above and set forth in the preamble;
- 3.
- Decide that the draft treaty shall be transmitted to the
delegations of the States concerned while informing them
that the Principal Allied and Associated Powers recommend
their signatures, and invite them to obtain the adherence of
their governments as soon as possible,
[Page 387]
and, at the latest, within a
period of 20 days, at the expiration of which the
plenipotentiaries of the States assenting will proceed to
Paris for the signing of said treaty.
The American delegation, by order of its Government, expressed as
follows the views of the Government of the United States concerning
the participation of the Principal Allied and Associated Powers in
the negotiations of the treaty drafted. Views of
the United States Delegation
The issues which are the subject of the treaty drafted are not
questions of broad scope resulting from the dissolution of the
Austro-Hungarian Monarchy and affecting directly all the Allied and
Associated Powers, but actually local questions directly interesting
only the new States and the States to which territories have been
ceded, including one of the Principal Allied and Associated Powers,
Italy. If the treaty comes into effect, it will impose the legal
obligations determined only on the States directly concerned. It is
therefore neither desirable nor judicious that all of the Principal
Allied and Associated Powers should be signatories of the treaty,
although, by their participation in the elaboration of the articles
drafted, the representatives of these powers were able to be of
assistance in facilitating the negotiations among the powers
directly concerned. It is for this reason that the United States,
without wishing to influence the decision of the other powers on
this subject, does not desire to appear among the signatories of the
treaty.
Draft Treaty With the New States7
Clauses Relating to the Reciprocal
Relations Between the Transferred Territories
The President of the United States of
America,
His Majesty the King of the United Kingdom of
Great Britain and Ireland and of The British Dominions Beyond
the Seas, Emperor of India,
The President of the French Republic,
His Majesty the King of Italy,
His Majesty the Emperor of Japan,
The President of the Polish Republic,
His Majesty the King of Roumania,
His Majesty the King of the Serbs, the Croats
and the Slovenes,
The President of the Czecho-Slovak
Republic,
[Page 388]
Whereas by the success of their arms the Allied and Associated Powers
have precipitated the dissolution of the Austro-Hungarian Monarchy,
and by thus restoring national life to the peoples who were anxious
to free themselves from the said Monarchy have brought about the
creation of new States or the transfer of important territories to
States already existing; and
Whereas this new condition of affairs has given rise in the immediate
relations of the States concerned and in those of their respective
nationals to questions which it is necessary to determine; and
Whereas the settlement of these questions, by contributing towards
the establishment on a basis of complete reciprocity of economic and
legal relations between those States, must have the best influence
on the development of ties of confidence and friendship between
them;
Being desirous of establishing by a common agreement the principles
and provisions in accordance with which the question thus arising
should be settled, and of confirming by this means the friendly
union which exists between the High Contracting Parties;
Have appointed as their respective plenipotentiaries, with a view to
concluding a convention to this effect, namely:
The President of the United States of America,
. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions Beyond the Seas, Emperor of
India,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
And
for the Dominion of Canada,
. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
for the Commonwealth of Australia,
. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the Union of South Africa,
. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
for the Dominion of New Zealand,
. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
for India,
. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
The President of the French Republic,
. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
His Majesty the King of Italy,
. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
His Majesty the Emperor of Japan,
. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Page 389]
The President of the Polish Republic,
. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
His Majesty the King of Roumania,
. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
His Majesty the King of the Serbs, the Croats and the Slovenes,
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
The President of the Czecho-Slovak Republic,
. . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
Who having communicated their full powers
found in good and due form have agreed as follows:
Article 1
The Allied States to which territory of the former Austro-Hun-garian
Monarchy has been or may be transferred, or which have arisen from
the dismemberment of that Monarchy, mutually undertake to restore to
one another such of the articles referred to below as may be in
their respective territories.
- 1.
- Archives, registers, plans, titles and documents of every
description relating to the civil, military, financial, judicial
or other administrations of the transferred territories. It is
agreed, moreover, that the States specified above will, in
general, reciprocally communicate to one another, all records,
registers, plans, titles and documents of any description
relating to the civil, financial, judicial or other
administrations referred to in this paragraph, which have no
military character, and which, while forming part of their
archives, may concern at the same time the organisation of one
of the other States above mentioned;
- 2.
- Records, documents, objects of antiquity or art, and all
scientific and bibliographical material taken away from the
invaded territories, whether they belong to the State or the
provincial, communal, charitable or ecclesiastical
administrations, or other public or private institutions;
- 3.
- Articles of the same nature taken since June, 1914, from the
transferred territories, with the exception of articles
purchased from private owners.
In the event of one of the objects the restitution of which is
provided for by the present Article being in the possession of a
private person who is national of one of the said States and claims
that he has become the legal owner thereof, the State to which the
object is to be restored may be required to indemnify the owner, if
his good faith is established, in accordance with the law in force
in his country at the date of the signature of the present
Treaty.
[Page 390]
Article 2
The Allied States to which territory of the former Austro-Hungarian
Monarchy has been or may be transferred, or which have arisen from
the dismemberment of that Monarchy, shall take the necessary
measures with a view to ensuring among themselves the restitution
provided for by paragraphs (a)and (f) of Article 297 and by Article 238 of the
Treaty of Peace with Germany, and by Article 249, paragraphs (a)and (f) and by
Article 184 of the Treaty of Peace with Austria, and by any
corresponding Articles in the other Treaties of Peace, in so far as
the property, rights and interests to be restored to the nationals
of the said Allied States (including companies and corporations in
which they are interested) are in the territory of one of the said
States.
The compensation provided for by the said Articles shall be borne by
the countries by whom such compensation is payable in accordance
with the said Treaties of Peace.
Article 3
Without prejudice to the provisions of Article 289 of Part XII of the
Treaty of Peace with Austria, the Allied States to which territory
of the former Austro-Hungarian Monarchy has been or may be
transferred, or which have arisen from the dismemberment of that
Monarchy, undertake temporarily to maintain upon their own railway
lines, on their navigable waterways, in their ports and in their
maritime services connected with the ports of the transferred
territories, a régime of tariffs of such a nature that the flow of
traffic established before the war shall be subject to no changes
which may favour the ports of the Powers with whom the Allied and
Associated States have been at war, to the detriment of the Adriatic
and Black Sea Ports.
This temporary provision shall terminate at the expiration of a
maximum period of five years from the coming into force of the
present Treaty, unless in the meantime special agreements have been
concluded between the interested States on the subject of their
transport régime.
Article 4
During a maximum period of three years from the coming into force of
the present Treaty each of the States to which maritime ports
belonging to the former Austro-Hungarian Monarchy shall have been
transferred under the Treaties of Peace with Austria and Hungary
will accord to all other such States the right of engaging in the
coasting trade between these ports by means of vessels which are
registered in one of the said ports for this kind of navigation, and
subject to the
[Page 391]
same
conditions as under the former Monarchy in respect of the tonnage
employed and the rules of navigation.
Article 5
During a maximum period of three years from the coming into force of
the present Treaty the provisions relating to fishing rights
contained in the final protocol annexed to the Treaty of Commerce
and Navigation of November [February] 11,
1906, between Italy and Austria-Hungary8 (ad Articles 18 and 19, paragraph 2) shall
remain in force between the States receiving territories bordering
on the Adriatic which belonged to the former Austro-Hungarian
Monarchy, account being taken of the conditions existing before the
war so far as concerns tonnage, description of vessels and the
method of fishing.
Article 6
Persons, companies and commercial undertakings, including insurance
companies, nationals of one of the Allied or Associated Powers, who
before the war had established the headquarters of their business or
industry in one of the territories of the former Austro-Hungarian
Monarchy assigned to one of the said Powers, shall have the right,
during a period of five years, to carry on their trade, profession,
business or industry in any one of the other transferred territories
on the same conditions as persons, companies, undertakings or
insurance companies, nationals of the Power exercising sovereignty
over that territory.
During the above mentioned period the persons, companies,
undertakings and insurance companies, and their property, rights and
interests shall not be subject, in the territories in question, to
any higher tax or charge than shall be imposed on the persons or
undertakings, property, rights and interests of nationals of the
States exercising sovereignty over such territories. No measure in
derogation of their rights of property shall be imposed upon them in
any of the territories in question which is not equally applied to
the property, rights and interests of nationals of the States in
question and which does not in any event involve suitable
compensation.
If, at the expiration of the above period of five years, no special
agreements have been concluded in this respect between the States
concerned, the present undertaking shall be prolonged for a further
period of five years.
In so far as Poland is concerned, it is agreed that this Article
shall only apply to insurance companies.
[Page 392]
Article 7
The following provisions shall apply so far as regards relations
between persons having their habitual residence in the territories
of the former Austro-Hungarian Monarchy which have been or may be
transferred under the Treaties of Peace with Austria and
Hungary:
(a) If one of such persons was during the war
outside the territories of the former Monarchy, or was imprisoned,
interned or deported for political or military reasons, all periods
of prescription or limitation of rights of action, whether they
began to run before or after the outbreak of war, shall be treated
as having been suspended in such transferred territories for the
period from the date at which such person found himself in one of
the situations above referred to until the expiration of a period of
three months from the coming into force of the present Treaty.
In the case of persons who have been in one of these situations owing
to an act of the Hungarian Government, this period of three months
shall run from the coming into force of the Treaty with Hungary.
(b) The provisions of paragraph (a)shall apply to the periods prescribed for
the presentation of interest or dividend coupons or for the
presentation for repayment of securities drawn for repayment or
repayable on any other ground.
(c) No negotiable instrument made before the
absence, imprisonment, internment or deportation referred to in
paragraph (a)shall be deemed to have become
invalid by reason only of failure to present the instrument for
acceptance or payment or to give notice of non-acceptance or
non-payment to drawers or endorsers or to protest the instrument or
to complete any formality during the said periods.
Provisions may be made by special agreement between the Governments
concerned to meet cases in which the rights of persons referred to
in this Article shall have been prejudiced by measures of execution
taken in the territories transferred under the Treaties of Peace
with Austria and Hungary on account of failure to perform any act or
comply with any formality.
Article 8
Contracts concluded between persons residing in territories of the
former Austro-Hungarian Monarchy which are transferred to Allied
States under the Treaties of Peace shall be maintained, except in
cases of cancellation in accordance with the law under which such
contracts were entered into. Nevertheless, contracts for the
purchase or sale of overseas goods made before January 1, 1917,
shall be cancelled, except in respect of any debt or other pecuniary
obligation arising out of any act done or money paid thereunder.
[Page 393]
Article 9
A special agreement to be made between the States to which territory
of the former Austro-Hungarian Monarchy has been or may be
transferred or which have arisen from the dismemberment of that
Monarchy shall regulate the payment of all civil, ecclesiastical or
military pensions due to former Austrian or Hungarian nationals,
including former Austro-Hungarian nationals of Bosnia and
Herzegovina, who have become nationals of the said States under the
Treaties of Peace which have decided the future of the former
Austro-Hungarian Monarchy.
Article 10
Special agreements shall determine the division of the property of
associations or public corporations carrying on their functions in
territory which is divided in consequence of the Treaties of Peace
which have decided the future of the former Austro-Hungarian
Monarchy.
Article 11
Special agreements between the States to which territory of the
former Austro-Hungarian Monarchy has been or may be transferred or
which have arisen from the dismemberment of that Monarchy shall
provide for the interests of persons resident in, or companies
having their headquarters in, the transferred territories,
particularly as regards civil rights, commerce and the exercise of
professions.
Article 12
After the coming into force of the Treaties of Peace with Austria and
Hungary, the High Contracting Parties will admit those States as
parties to the special agreements provided for under the present
Treaty, it being understood that such participation shall not
involve, in the case of the said States, any modification of the
provisions of the said Treaties of Peace.
The present Treaty, in French, in English and in Italian, shall be
ratified as soon as possible.
Each Power will address its ratification to the French Government,
who will inform all the other signatory Powers.
The ratifications will remain deposited in the archives of the French
Government.
Powers of which the seat of the Government is outside Europe will be
entitled merely to inform the Government of the French Republic
through their diplomatic representative at Paris that their
ratification has been given; in that case they must transmit the
instrument of ratification as soon as possible.
[Page 394]
The present Convention will come into force for each signatory Power
from the date of the deposit of its ratification, and from that
moment that Power will be bound in respect of other Powers which
have already ratified.
In faith whereof the above named
Plenipotentiaries have signed the present Convention.
Done at . . . . . in a single copy which will remain deposited in the
archives of the French Republic and of which authenticated copies
will be transmitted to each of the Signatory Powers.
Appendix D to HD–61
commander-in-chief
of the allied armies
general
staff
No. 4047
G. H. Q.
August 21,
1919.
[Note From Marshal Foch]
Note
Article 163 of the Peace Treaty says, concerning the redemption of
the German forces, that:
“at the end of the 3 months which shall follow the going into
force of the Treaty, and at the end of each subsequent period of
3 months, a conference of military experts of the Principal
Allied and Associated Powers shall determine the reductions to
be made for the following three months so that, on March 31,
1920, at the latest, the total of the German effectives shall
not exceed the maximum figure of 100,000 men provided for by
Article 166 [160].”
On the other hand, Articles 203–210 provide for the constitution of
Interallied Commissions of Control representing the Governments of
the Allied and Associated Powers with the German Government and
charged with the supervision of the regular execution by the latter
of all the clauses of Part V of the Treaty.
It seems indispensable to select these military experts provided for
by Article 163 from amongst the Interallied Commissions of Control
which, by the very reason of their mission, shall be in possession
of all the elements intelligently to decide the reductions of
effectives to be fixed for Germany for each period of 3 months.
By proceeding otherwise, that is to say by choosing experts outside
of these Commissions of Control, one would substitute at the moment
of taking important decisions a new commission, consequently
incompetent, for commissions already organized and well
qualified.
[Page 395]
As a consequence, we have the honor to submit to the Supreme Council
of the Governments the following resolution:
“The Conference of Military Experts of the Principal Allied and
Associated Powers provided for by Article 163 of the Peace
Treaty to determine the reduction of effectives to be imposed on
Germany for each period of 3 months following the going into
force of the Treaty, shall be composed of the presidents and of
the most important members of the Interallied Commissions of
Control constituted in conformity with Articles 203–210, and
chosen in such a way that all the Allied’and Associated Powers
be represented in the said Conference.
“The President of the Interallied Military Commission of Control
shall be charged with deciding the composition of this
Conference and the dates of its sessions in agreement with the
presidents of the Naval and Aerial Commissions.”
P. O. Le Major General
Weygand
Appendix E to HD–61
Paris, September 5,
1919.
Translation
[Note From] Committee on the Execution of the Political
Clauses of the Treaty With Germany
The circular hereto annexed from the German Financial Minister,
remitted to the Peace Conference by the Polish Delegation, expressly
states (Article 3): “It is necessary to supervise as regards these
acts . . . . . . . . etc., which establish the exact value of all
the property before being remitted (to Poland) does not fall into
Polish hands, etc.”
The Committee on the Execution of the Political Clauses of the Treaty
with Germany estimates that, on the contrary, the German Government
is obliged to communicate to the Allied and Associated Governments
all information concerning this property, and is of the opinion that
the Conference should inform the German Delegation of it.
[Annex]
minister of finance
S. J. 1657
According to Article 256 of the Peace Treaty, the States which are to
take possession of German territories will also take possession of
all the domains and of all the property of the German Empire and of
the German States which is found on the said territories.
The domains situated in the territories which are not yet occupied by
the Poles shall be ceded to the Polish Government according
[Page 396]
to a method established
beforehand. As it is possible that the cession will take place very
soon—it is necessary to take the necessary measures at this time for
the determining of the bases according to which the beneficiary
state will pay indemnities for the domains acquired. Therefore, in
accord with the cointerested parties, I draw up the following:
- 1.
- All the services are instructed to prepare as soon as
possible two copies of the Conventions concerning the
delivery of all state property administered over by them. As
instructions have been given concerning this matter on
several occasions, a regulation of uniform indications is
judged as superfluous. However, it is none the less
necessary to be guided by the following indications:
- a) It is absolutely
necessary to avoid specifying the value of the
domains in the course of the negotiations, it is
necessary, on the contrary, to make a summary exposé
of the general condition, an exposé in which account
could be taken in the appraisement, of the location,
extent of the lands, number of buildings, rooms in
the buildings, condition of the culture in the
property and in the forests.
- b) An exact and separate
list must be made of the objects to be delivered. A
short explanation must be given concerning objects
of special value. These documents should not be
considered as inventories.
- c) The office through which
the delivery is to be made must be accurately
indicated on the first page.
- 2.
- The two copies concerning the delivery negotiations must
be signed by the assignor and assignee. A copy shall be
remitted to the Service of State which takes possession of
the domains and the second immediately returned to the
competent Minister. Should it be difficult to obtain the
signature of the service representing the assignee, the two
copies of the pourparlers must be
returned to the competent Minister.
- 3.
- It is necessary to supervise as regards these Acts … etc.,
which establish the exact value of all the property before
being remitted, does not fall into Polish hands. It is
necessary therefore that all the documents concerning this
question be remitted to the service which should retain the
documents not destined to be remitted. In returning the
documents concerning the negotiation to the competent
Minister the place where they had been sent must be
designated at the time.
- 4.
- All these provisions refer as well to all the domains of
the State which belonged to the former Kingdom of Poland and
which according to Chapter 92, Art. 3, of the Peace Treaty
shall be returned to Poland without indemnity. Everything
relating to the elucidation of the appurtenances of the
domain of the former Kingdom of Poland must be brought to
the attention of the said service under No. 3.
- 5.
- It is not necessary, for the time being, to prepare the
negotiations concerning the delivery of the domains in the
districts submitted to a plebiscite or in the arrondissement of Memel.
- But all these provisions are applicable to the territories
attributed to the free city of Dantzig.
- 6.
- Regarding the property of the administration of the
railroads—a special order of the Minister of Public Works is
to be followed.
Signature
Court of Appeals at
Marienwerder
July 17,
1919.
To The Judge of the Court of Appeals. |
|
To The Procureur of the Court of Appeals. |
|
|
i. A. 49 |
|
10265 |
This copy is brought to the attention of the Court in order that
the necessary measures may be taken. Referring to Chapter No. 3
it should be noted that all the acts and all the documents
concerning the matter as well as the elucidations annexed should
be sent to the Court of Appeals at Elbing.
Appendix F to HD–61
the president of
the
german delegation
Versailles, August 1, 1919.
To His Excellency, M. Clemenceau, President of the Peace
Conference.
Mr. President: Following up my note of July
13, I have the honor to inform your Excellency that the Belgian
administrative controller at Eupen has sent the following notice to
the Council of the Circle and to the Mayor of the town of Eupen:
“Since the signature of Peace and by its ratification, Germany
has renounced all its rights over the circles of Eupen and
Malmedy, since from that time it has been necessary to direct
administrative affairs while awaiting other more complete
measures, I feel called upon to ask you to avoid treating
further, insofar as possible with the German administrations. I
think that you should only treat with the German administrations
in liquidating your business affairs or in asserting your
rights. In any event, all the orders of Berlin have no value
whatsoever. Insofar as the regency of Aix-la-Chapelle is
concerned, I deny it all jurisdiction in the circle of Eupen. I
dare to hope that you will immediately try to follow out this
measure; I declare myself
[Page 398]
entirely disposed to direct yon in the
affairs under your jurisdiction and this in the interest of your
administration and that of Belgium.
“The administrative controller of the Circle of
Eupen
Signed: Leon Xhaflaire.”
The German Government requests that the substance of this notice be
brought to the knowledge of the Belgian Royal Government. The German
Government believes that the Belgian Royal Government will inform
the administrative controller that such interference in the
administration of the Circle of Eupen is not admissible until the
coming into force of the Peace Treaty, and that, particularly, the
relations of the local authorities with the Regency of
Aix-la-Chapelle and the other administrative authorities must not,
until then, be hindered in this way.
Accept, etc.
Appendix G to HD–61
the chairman of
the
german peace delegation
Versailles, August 5, 1919.
To: His Excellency, M. Clemenceau, President of the
Peace Conference.
Mr. President: Referring to my note of
August 1,10 I have the honor to communicate the
following to Your Excellency:—
According to information from Herbesthal, the Belgian local Commander
in that place has notified the Director of the railway station that
the Herbesthal station and the other stations situated in the Eupen
Circle were, in the next few days, to be taken under Belgian
Administration. At the same time, he requested that the station
officials be informed that, in case they desired to enter Belgian
service the Belgian Administration would continue to pay them their
customary salary and allowances. Since the Local Commander has been
contemplating the transfer, in the next few days, of the stations to
Belgian Administration, he seems to be under the erroneous
impression that the provisions of the Peace Treaty regarding the
Circles of Eupen and Malmedy had already come into force, by the
signing of the Treaty.
The German Government begs that the request be transmitted to the
Royal Belgian Government to instruct the officer mentioned, as well
as the other Belgian Military and Civil Authorities in Eupen and
Malmedy, among whom similar erroneous impressions seem to exist,
concerning the legal status, and to call their attention to the fact
that all measures, contemplated on the part of Belgium as a result
of the
[Page 399]
present
relinquishment of sovereignty over the two Circles by Germany, can
only be carried out when the Peace Treaty in its relations between
Germany and Belgium, has come into force.
With regard to the possible taking over of the railroad officials,
the German Government calls attention to the fact that the officials
are not in a position, independently, without the approval of the
Government which appointed them, to dispose of their services. The
officials have been informed that negotiations concerning the
question of officials are in the hands of the Imperial Ministry of
Foreign Affairs, and that special negotiations by individual
authorities and officials would not be binding for the
Government.
The German Government would, on its side, deem it expedient if,
during the period until the decision of the people as to the final
lot of the Eupen and Malmedy Circles, the smallest possible number
of changes would be made in the railway personnel as well as in the
rest of the Civil Service. It is of the opinion that, according to
the agreements referred to in the note of July 13, concerning the
execution of the provisions of the Peace Treaty pertaining to the
district of Mores-net and the Circles of Eupen and Malmedy,
precisely the taking over of the railway personnel and such railway
questions should be dealt with, as demand a punctual settlement, in
order that, after the coming into force of the Peace Treaty, the
desired, orderly continuation of traffic on the lines and of rail
communications across the frontier may be assured, which would also
be in the interest of the other Powers concerned with the occupation
of Rhine territory.
Accept, etc.
Appendix H to HD–61
Proposed Reply to German Notes on
Malmedy and Eupen,11
as Submitted by the Committee on the Execution of
the Clauses of the German Treaty
Translation
committee on the
execution
of the clauses of the peace
treaty
The Committee on the Execution of the Clauses of the Peace Treaty has
the honor to recommend for the approval of the Supreme Council the
appended draft of answer to the notes of the German Delegation dated
August 1 and 5 relative to the measures adopted by the Belgian
authorities in the circles of Eupen and Malmedy.
September 5, 1919.
[Page 400]
Mr. President: I have the honor to
acknowledge the receipt of your notes of August 1 and 5.
The measures adopted by the Belgian authorities in the circles of
Eupen and Malmedy seemed to have caused the German Government an
emotion which is hard to understand.
According to Article 34 of the Peace Treaty, Germany renounces in
favor of Belgium all rights and titles over the territories which
are making up the circles of Eupen and Malmedy, with the sole
reservation that the League of Nations might later order the return
to Germany of the whole or part of these territories, if, according
to formalities determined by the same article, the majority of the
population expresses the desire to do so.
According to these provisions the sovereignty over those territories
in question shall pass effectively to Belgium as soon as the Treaty
goes into force, namely the day of the signing of the first procès-verbal de dépôt of ratifications, if
on this day the Belgian ratifications have been deposited. The
obligation to proceed to a proper consultation within the forms
fixed by Article 34 in no way affects the sovereign rights of
Belgium.
The Belgian Government shall therefore, from the going into force of
the Treaty, have to provide for all the public positions in the
ceded territories; the railroad employees are among the officials
whose nomination it will have to see to.
In taking at once the measures for the transfer of sovereignty and in
preparing measures which are of a nature to facilitate that transfer
later, the Belgian authorities, far from overstepping their rights,
have only in view the interest of the populations of the territories
which will soon pass under Belgian Sovereignty.
Besides, while waiting for the going into force of the Treaty, it is
perfectly right for the Belgian authorities, as occupying power, to
get into direct relations with the employees of the administration
of Prussian railroads.
The Belgian Government does not refuse however to negotiate with the
German Government regarding the questions relative to the execution
of the Treaty, either within the circles of Eupen and Malmedy, or
within the neutral Moresnet and the Prussian Moresnet. The only
condition placed upon such negotiation is that the German government
does not contest in any way the value of the sovereign rights of
Belgium as they are recognized by the Treaty of June 28 over the
territories dealt with in Articles 32, 33 and 34 of that Treaty,
Please accept, etc.
[Page 401]
Appendix I to HD–61
british delegation
To Secretary General Dutasta.
It has been promised to the British Parliament that the publication
of the Peace Treaty with Germany in its final form would be
completed by that of the other annexed documents so as to constitute
a complete historical document. However, in order to make certain
later documents fully intelligible, it would be well to publish at
least certain parts of the first draft of that treaty.
It is however difficult to proceed thus in view of the fact that the
former Supreme Council has decided that the Peace Treaty with
Germany should be published only in its final form. To conquer this
difficulty it is now proposed to place in a column opposite the
corresponding part of the final text the parts of the first draft
[which?] were later modified. This proposal has been submitted to
the Prime Minister and has received his approval. Consequently, I
have the honor to ask Your Excellency to kindly submit it to the
examination of the Supreme Council in view of obtaining, if
possible, the adhesion of the other representatives to the procedure
suggested.
I can add that the German Society of the League of Nations has
published the primitive text of the Treaty in English, French and
German, that it seems certain that that publication has met with a
great success in Germany and in the neutral countries and that a
great number of copies have been introduced into the Allied
countries. It is therefore evident that the publication of the
excerpts of the primitive text would reveal nothing which is not
already known.
Please accept, etc.
[No signature on file copy]