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

Paris Peace Conf. 180.03501/72

HD–72

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 Saturday, October 18, 1919, at 10:30 a.m.

Paris, October 18, 1919, 10:30 a.m.

• Present
  • America, United States of
    • Hon. F. L. Polk
  • Secretary
    • Mr. L. Harrison
  • British Empire
    • Sir Eyre Crowe
  • Secretary
    • Mr. H. Norman
  • France
    • M. Clemenceau
    • M. Pichon
  • Secretaries
    • M. Dutasta
    • M. Berthelot
    • M. de St. Quentin
  • Italy
    • M. Tittoni
  • Secretaries
    • M. Paterno
    • M. Barone Russo
  • Japan
    • M. Matsui
  • Secretary
    • M. Kawai

Joint Secretariat
America, United States of	Capt. G. A. Gordon.
British Empire	Capt. G. Lothian Small.
France	M. Massigli.
Italy	M. Zanchi.
Interpreter.—M. Mantoux

The following were also present for the items in which they were concerned:

• America, United States of
  • Mr. E. L. Dresel
  • Dr. J. B. Scott
  • Capt. B. Winthrop.
• British Empire
  • Gen. Sackville-West
  • Mr. A. Leeper
  • Mr. Shearman
  • Mr. C. Tufton
• France
  • Marshal Foch
  • M. Tardieu
  • Gen. Weygand
  • M. Laroche
  • M. Fromageot
  • M. Aubert
  • M. Escoffier
• Italy
  • Gen. Cavallero
  • M. Bicci-Busatti
  • M. Vannutelli-Key
  • M. Pilotti
• Japan
  • M. Shigemitsu

1. (The Council had before it a report presented by the Special Commission charged with determining the Composition of Interallied Forces of Occupation (See appendix “A”).) Composition of Interallied Forces of Occupation Provided For by the Treaty With Germany

General Weygand read and commented upon the report. He called the attention of the Council to the reservations formulated by the Italian Military Representative and by the British Delegation. The Italian Military Representative felt that he ought to affirm again that his Government had only authorized the participation of three battalions destined for Upper Silesia. In the table prepared by the Commission the provision had been made for the employment of seven Italian battalions. He felt that he should add that in former Conferences the Italian Military Delegate had always expressed the same opinion on this point.

M. Tittoni pointed out that in fact he had always stated that his Government could only send three battalions.

M. Clemenceau observed that this decision meant imposing a heavy burden on the French. He took the liberty of insisting that M. Tittoni should reconsider the matter. It seemed to him that Italy, not being threatened on any frontier, could do at least something more. If she should persist in her refusal she would put the French in a most unfair situation.

M. Tittoni reserved the right to reconsider the question.

General Weygand added that the British Delegation had made two reservations: it had first been decided that Memel should be occupied by a British battalion and an American battalion; according to the revised table which the Council had before it the American battalion was to be sent to Upper Silesia to reinforce the United States forces there and was replaced at Memel by a French battalion. The British Delegate accepted this change on condition that the command should be held by a British officer.

Sir Eyre Crowe said that this request was based on the same reasons which the British had always advanced. It was purely a question of organization and administration.

M. Clemenceau said that France had no objection to the command at Memel being held by a British Officer.

General Weygand explained that the British Delegation also asked that all British troops forming part of the forces of occupation at Dantzig, Marienwerder, Allenstein and Memel, should be treated as a single unit from an administrative point of view, although they were placed under different commands.

M. Clemenceau said that he could not see anything unreasonable in this request.

General Weygand stated that no formal reservation had been made with respect to the American troops: but according to his conversations with General Bliss it seemed to him that one point still remained to be settled, namely, would the American Government authorize to the use of its troops before the ratification of the Treaty by the Senate?

Mr. Polk observed that a cable had been sent on this subject and a reply was expected. All he could say for the moment was that the troops were on the way and were first to be sent to Coblenz. He wished to draw the Council’s attention to another point. The Commission expressed the desire that in each zone of occupation the Presidency of the Interallied Commission and the command of the troops of occupation should be invested in individuals of the same nationality. Would it not be preferable with respect to the Interallied Commission that the Presidency would not be permanent but should rather be held in rotation by each nation represented.

Sir Eyre Crowe thought that this was scarcely practicable.

General Weygand observed that some Commissions, such as the one in Upper Silesia, would have a rather long life—perhaps from eight to twenty months—while others would only exist for from three to six months. Under these conditions he did not think a system of alternation was feasible.

M. Clemenceau said that as far as he was concerned he attached so much importance to good feeling between Allies that he was quite willing to accede to Mr. Polk’s suggestion.

Mr. Polk said that he in no way insisted upon this, he was merely making a suggestion.

Sir Eyre Crowe thought that each Interallied Commission might be left free to elect its own President.

General Weygand pointed out that this question was distinct from that of the command of the military forces, which would be determined before the departure of the troops in conformity with the Commission’s recommendations. He wished finally to call the Council’s attention to a desire expressed by the Commission: It wished the departure of the Interallied Commissions and of the forces of occupation to be determined in such a way, and the date of the coming into force of the Treaty to be settled in such a fashion, that the Commissions and forces of occupation would arrive at their appointed destinations at the moment of the coming into force of the Treaty. The Commission also wished the German Government to be advised beforehand of the date determined for the entry into force of the Treaty and its coincidence with the arrival of the Commissions and troops of occupation so that the German Government might take the necessary measures.

M. Clemenceatt agreed.

General Wetgand stated that the Allied General Staffs should therefore agree on the date when the troops could arrive at their appointed destinations: that would be date upon which, as far as military questions were concerned, the Treaty could come into force. He would inform the Council of this date.

It was decided:

(1) to accept the recommendations of the special Commission relative to the composition of Interallied forces of occupation (See Appendix “A”), with the reservation that the definite approval of the Italian Government should be obtained;

(2) that the command of the various forces of occupation should be exercised according to the recommendations of the Commission, and that, at Memel, a British officer should be in command;

(3) that although the British troops forming part of the forces of occupation at Dantzig, Marienwerder, Allenstein and Memel would be placed under different commands, they should, from an administrative point of view, be treated as a single unit;

(4) that the departure of the Commissions and of the forces of occupation should be regulated in such a way, and that the date of the entrance into force of the Treaty should be fixed in such a manner, that both the Commissions and the forces of occupation should arrive at their appointed destinations at the moment of the entrance into force of the treaty of Peace;

(5) that Marshal Foch, after agreeing with the Allied General Staffs, should inform the Supreme Council of the date from which they consider it possible for the Treaty to enter into force;

(6) that the German Government should be notified in advance of the date fixed for the entry into force of the Treaty and of its coincidence with the arrival of the Commissions and the forces of occupation, so that it might take all necessary measures within the proper time, and, especially to fix the date of evacuation of the districts in question by its own forces;

(7) That the Interallied Commissions sent into the zones of occupation should choose their own presidents, without it being necessary for them to be of the same nationality as the Commanding Officers in the corresponding zones of occupation.

2. (The examination of this draft note was adjourned to the following session.) Draft Note to the Serb-Croat-Slovene Government

3. M. Berthelot said that a telegram had just been received from the Interallied Mission at Budapest (See appendix “B”), stating that the Mission had learned by a private telegram of the sending of Sir George Clerk to Budapest. The Mission asked that it receive official confirmation thereof and that Sir George Clerk’s Mission might be defined. He submitted a draft telegram (See appendix “C”) which would officially notify the Generals of Sir George Clerk’s arrival and would define the Mission with which he was entrusted. Sir George Clerk’s Mission to Budapest

Sir Eyre Crowe thought that in order to make the matter even more definite there should be added at the end of the first paragraph a sentence specifying that Sir George Clerk represented the Supreme Council in all political questions.

M. Tittoni said that he had no objection to this draft on the condition that it was well understood that the Generals were in no way superseded; it should be clear that Sir George Clerk had a special mission and the Generals should retain jurisdiction over all military questions.

M. Berthelot proposed that the following sentence should be added at the end of the first paragraph, “He will represent the Supreme Council in all political questions, the Generals retaining jurisdiction over military questions.”

It was decided:

(1) to approve the draft telegram (See Appendix “C”) to be sent to the Allied Generals at Budapest;

(2) to add to the end of the first paragraph of this draft telegram the following sentence;

“He will represent the Supreme Council in all political questions, the Military Mission retaining jurisdiction over military questions.”

4. (The Council had before it a note from the drafting Committee dated October 16th, 1919, (See Appendix “D”).) Italian Proposal To Insert Certain Articles in the Treaty of Peace With Hungary

M. Fromageot read and commented on the note of the Drafting Committee. With respect to page 3, Section C in this report:

Mr. Polk raised the following questions: he asked if the question of restoration to Italy of rolling stock belonging to Italian Railroads was not within the jurisdiction of the Reparation Commission.

M. Fromageot said this was not a question of reparations for war damages: it concerned in fact rolling stock which was on Austro-Hungarian territory at the outbreak of war and had been seized there.

Mr. Polk, as a matter of information, asked if any disposition of this nature was provided for in the Treaty with respect to Austrian or Hungarian rolling stock which at the outbreak of war might have been on Italian territory.

M. Fromageot stated that there was not.

It was decided:

In conformity with the recommendations of the Drafting Committee (See Appendix “D”) to insert in the Treaty of Peace with Hungary the following articles:

• “Article A.—Hungary renounces, in all that concerns her, in favor of Italy, all rights and titles to which she might lay claim over territories of the former Austro-Hungarian Monarchy recognized as forming part of Italy according to Article 36, paragraph 1, of the Treaty of Peace concluded September 10th, 1919 between the Allied and Associated Powers and Austria.
• Article B.—No payment is due on the part of Italy by reason of her taking possession of the Palazzo Venezia at Rome.
• Article C.—Hungary will restore to Italy, within three months, all the rolling stock belonging to Italian railroads which, prior to the outbreak of war, has been transported into Austria and are at present in Hungary.
• Article D.—In derogation of Article 269, Part X, (Economic Clauses), persons having their customary residence in the territories of the former Austro-Hungarian Monarchy now transferred to Italy pursuant to Article 36, paragraph 1, of the Treaty of Peace with Austria, and who, during the war, were without the territories of the former Austro-Hungarian Monarchy or had been imprisoned, interned or evacuated, will benefit fully by the provisions of Articles 252 and 253, Part X, (Economic Clauses).
• Article E.—Judgments rendered in civil and commercial causes since August 4th, 1914, by courts of territories transferred to Italy, pursuant to Article 36, paragraph 1, of the Treaty of Peace with Austria, between inhabitants of the said territories and nationals of the former kingdom of Hungary, will only become executory after an exequatur rendered by the new corresponding court of the territories in question.

All judgments rendered since August 4th, 1914, by the judicial authorities of the former Austro-Hungarian Monarchy against Italian nationals or against those who shall acquire Italian nationality, pursuant to the Treaty of Peace with Austria, for political crimes or misdemeanors, will be deemed null and void.”

5. (The Council had before it a note of the Drafting Committee dated October 17th, 1919 (See Appendix “E”).)

M. Fromageot read and commented on the note of the Drafting Committee. With respect to the eventual convocation of the Council of the League of Nations the following questions were raised: Putting into Force of the Treaty with Germany

Mr. Polk asked if all the Powers which, when they should have ratified the Treaty of Peace would be represented in the Council of the League of Nations, would have to be represented at the first meeting of the Council? President Wilson had made it known that he was prepared to call a meeting of the Council for the three Powers which had ratified the Treaty, and he wished to know if the other powers had now to designate their representatives.

M. Fromageot explained that they did not have to, but that they could do so. This obligation would only arise for those Powers after they had ratified the Treaty. Nothing in the Treaty made the coming into force or the ratification thereof a condition precedent to these designations.

Mr. Polk wished to know if this applied, for instance to Spain.

M. Fromageot answered that Spain could designate its representative; that it was known, moreover, that she was ready to do so.

Sir Eyre Crowe wished to know if the Treaty specified any quorum necessary to validate the meetings of the League of Nations. Would the absence of one of the members invalidate the Council’s decision?

Mr. Polk said that he did not think so.

M. Tardieu said that there was no such provision in the Treaty.

Mr. Polk asked if the Drafting Committee could prepare for Monday’s meeting a draft form of convocation to be sent out by President Wilson to call the meeting of the Council.

M. Fromageot resumed his commentaries on the note of the Drafting Committee.

M. Tardieu explained that the second part of the Drafting Committee’s note had to some extent duplicated the work of the Committee on the Execution of the Treaty. This latter Committee, pursuant to the instructions it had received from the Supreme Council,¹ had drawn up a list of the Commission[s] to be formed, and had indicated what Powers had designated their representatives on these Commissions and what Powers had not yet done so.

M. Clemenceau stated that this latter report should be distributed and examined prior to the meeting of Thursday, October 23d: at this time each Power should designate the Commissioners which it had not yet named.

It was decided:

that the Drafting Committee should submit to the Supreme Council at its next meeting:

(1) the draft of a letter by which President Wilson should convoke the Council of the League of Nations for the day of the entry into force of the Treaty;

(2) the draft of a letter from the Supreme Council to each of the Powers represented in the Council of the League of Nations inviting them to designate forthwith their representatives on this Council, as France and Italy had already done.

6. (The Council had before it two draft protocols prepared by the Drafting Committee concerning, first, the deposit of ratifications of the Treaty of Peace signed between the Allied and Associated Powers and Germany, of the Protocols signed on the same day by the said Powers, and of the arrangement of the same date between the United States, Belgium, the British Empire, France and Germany relative to the occupation of the Rhineland (See Appendix “F”); secondly, the deposit of ratifications of the Treaty signed June 28th, 1919, between the principal Allied and Associated Powers and Poland (See Appendix “G”).) Protocols for the Deposit of Ratifications

M. Fromageot pointed out that it was necessary to make a separate procès-verbal for each group of ratifications. It had likewise seemed important to the Committee that the hour of the signature should appear on the Procès-Verbaux. Indeed, that was an important point for the agents who would then be on the spot and who should be informed in advance or, at least, by telegram, of the hour the Treaty would come into force. In these protocols Germany for the last time signed in the last place: once this act had been accomplished she would sign in her alphabetical order. He drew the Council’s attention to the great importance of having Czechoslovakia ratify the Treaty of Versailles before it should come into force. Czecho-Slovakia would be the only non-ratifying country having a common frontier with Germany. A situation might thus arise which might create difficulties with respect to the operation of the Delimitation Commission provided for by Article 83 of the Treaty.

It was decided:

to approve the draft procès-verbaux of Deposits of Ratifications prepared by the Drafting Committee with respect, first, to the deposit of ratifications of the Treaty of Peace with Germany, as well as of the Protocol signed on the same day by the said Powers, and of the Arrangement of the same date between the United States, Belgium, the British Empire, France and Germany, concerning the Rhine-land (See Appendix “F”); secondly, to the deposit of ratifications of the Treaty with Poland (See Appendix “G”).

7. (The Council had before it a note from the French Delegation (See appendix “H”) and a note of the Drafting Committee dated October 16th, 1919 (See Appendix “I”).) Operation of the Plebiscite and Delimitation Commissions in the Absence of American Representatives

M. Fromageot read and commented upon the note of the Drafting Committee. He explained that the question raised by M. Von Lersner only concerned the Delimitation and Plebiscite Commissions, but it was insidious, because the same argument might apply to far more important Commissions such as the Reparation Commission. If Germany might maintain that the Reparation Commission could only operate if a given power were represented thereon, a very dangerous situation would arise. Consequently the Drafting Committee recommended that all Commissions should be considered regularly constituted as soon as the Powers which had ratified the Treaty—and which consequently would then be obliged to be represented on these Commissions—and the Powers which had agreed to send representatives before having ratified, should be represented. The latter Powers would be in a situation analogous to that of the Powers which were not parties to the Treaty but which, nevertheless, were by the Treaty accorded the right of designating representatives on different Commissions, such, for instance, as Holland and the Scandinavian States.

Mr. Polk said that he had no objection to make to this solution but he wondered if the Germans could raise any.

M. Fromageot replied that they would have no valid ground for contesting the vote of a member of a Commission designated by a Power which had not yet ratified the Treaty; when once the Treaty had come into force, the Commissions were composed of the representatives of the Powers specified in the Treaty. The Treaty nowhere provided that the representatives on the Commissions should be the representatives of Powers which had ratified.

M. Tittoni inquired if ratification and the right of being represented on Commissions should be considered in law as two distinct matters? He wished to know if the right of representation existed even in the absence of ratification, or was the foregoing only a provisional solution?

M. Fromageot replied that the Drafting Committee considered the right of representation to be in law independent of ratification: the right of representation existed irrespective of ratification, whereas, on the other hand, the duty of being represented arose from ratification. But there was a second delicate point: what would happen if the Powers which had not ratified did not designate representatives? It seemed to the Drafting Committee that even in this case the decisions of the Commissions would be valid; if, in that event, the votes should be equal, the vote of the President of the Commission would be controlling as provided for in article 437 of the Treaty.

M. Clemenceau thought that the question had not been raised and wondered if the Germans would seek to raise trouble on this point.

M. Tittoni thought that if M. Fromageot’s argument were legally sound, the reply to his question was impliedly contained therein: with regard to the Powers which had ratified, and which thereby came under the obligation of naming representatives on the Commissions, there was no doubt that they must send representatives in order to validate the decisions of these Commissions; on the other hand, if the Powers which merely had the option of naming representatives did not make use thereof, that fact would in no wise affect the validity of the decisions of the Commissions, and the latter could operate legally.

M. Clemenceau inquired whether Germany should be informed of the foregoing point of view before she had raised any question with respect thereto.

M. Fromageot saw no necessity of replying and thought that there was nothing to be gained by divulging these arguments.

M. Tittoni expressed the desire that M. Fromageot should give the Council a confidential report containing the legal development of this argument.

M. Clemenceau thought that this would be a purely academic document, but he had no objection to M. Fromageot giving it to M. Tittoni.

M. Fromageot inquired whether his Committee should reply on the first point to M. Von Lersner?

M. Clemenceau said that it should send a note to M. Dutasta.

M. Dutasta remarked that M. Von Lersner made no secret of the fact that public opinion in Germany would be greatly disturbed if America were not represented on the different Commissions until the Senate had ratified the Treaty.

Mr. Polk doubted whether, under M. Fromageot’s plan, America would be represented.

M. Clemenceau stated that he recalled distinctly that President Wilson, after some hesitation, had agreed that the United States would be represented on the Reparation Commission.²

Mr. Polk pointed out that this was only unofficial. Prior to ratification the United States was not authorized to be officially represented; he very much doubted whether, in view of the political situation, the United States would insist as a matter of right on having official representation on these Commissions prior to ratification. If Mr. Wilson spoke of American representation on the Reparation Commission he only meant representation after ratification.

M. Clemenceau agreed.

(It was decided:

A—(1) to approve the principles contained in the note of the Drafting Committee relative to the question put by Baron von Lersner (See Appendix “I”);

(2) that the Drafting Committee should send to the Secretary General of the Conference a note refuting the argument presented by Baron von Lersner in the course of his interview with M. Dutasta.)

8. M. Tardieu read the text of a resolution adopted by the Council on October 15th (See H. D. 70).³ The reply to the first two paragraphs of this resolution was contained in M. Fromageot’s report; there remained the last question: what was the value of the means of action placed at the disposal of the Allied and Associated Powers by the Treaty of Peace compared with those available by virtue of the Armistice? Under the Armistice the available means were: Measures To Be Taken Immediately Upon the Coming Into Force of the Treaty

(1) the occupation of the left bank of the Rhine and the bridgeheads;

(2) the right of occupying that portion of the neutral zone from north of Cologne to the Dutch frontier;

(3) the occupation of the bridgehead at Kehl (measures to that effect had been taken);

(4) resumption of hostilities after forty-eight hours notice;

(5) the maintenance of the blockade;

(6) the retention of prisoners of war.

The coming into force of the Treaty would deprive us of the possibility of resuming hostilities; it deprived us of the weapon of blockade insofar as general measures were concerned, since the American Government did not seem disposed to admit the principle of a pacific blockade; finally, we lost the right of occupying the neutral zone to the north of Cologne. With the Treaty in force, if Germany committed hostile acts, the Covenant of the League of Nations would come into play. If, on the other hand, Germany limited itself to acts of passive resistance, Articles 12 to 18 of the Covenant would come into operation and the Council of the League of Nations would take such measures as it deemed fit. Finally, the occupation of the bridgeheads gave us another means of action. The Treaty of Peace likewise allowed us, which was not true of the Armistice, to disarm Germany and to stop the manufactures and the recruiting which she was carrying on at the present moment. He added that whatever judgment might be passed on the reply of the Committee on the Execution of the Treaty, its value was only relative, for the period of decision was necessarily a very short one.

Sir Eyre Crowe wished to know what the attitude would be with respect to the clauses of the Armistice which had not been fulfilled. Could their fulfilment be exacted?

M. Tardieu replied that the Committee on the Execution of the Treaty had not considered this question. He, personally, was of the opinion that if the Treaty should be put into force without previously demanding the fulfilment of these clauses there would be no ground for such a demand after the Treaty’s coming into force. If it were desired that certain clauses should be fulfilled by Germany a demand to that effect should be made before the Treaty came into force.

M. Clemenceau inquired what causes Sir Eyre Crowe had in mind.

Sir Eyre Crowe replied that he was thinking of the evacuation of the Baltic Provinces.

M. Tardieu said that if the fulfillment of the Armistice clauses which had not been carried out was desired, the only efficacious means of action should be used, namely, an advance into Germany.

Sir Eyre Crowe observed that this would be rather difficult after the Treaty had been ratified.

M. Clemenceau asked the Drafting Committee to submit at the next meeting of the Council a report on this question, having especially in mind the situation in the Baltic Provinces.

(It was decided:

(1) that the Drafting Committee should present to the Supreme Council at its next meeting a report as to whether, after the coming into force of the Treaty, the Allied and Associated Powers would have the right to demand the fulfilment of Clauses of the Armistice which had not been executed, in particular, the evacuation of the Baltic Provinces;

(2) that the Drafting Committee should point out in its report the affirmative means of action of which the Allied and Associated Governments might avail themselves in order to insure the fulfilment of these clauses after the coming into force of the Treaty.)

9. M. Tardieu said that at its meeting of July 28th⁴ the Council had approved a recommendation of the Committee on the Execution of the Treaty and had decided to create a Committee to coordinate questions relative to the interpretation and the execution of the clauses of the Treaty with Germany. Up to present moment the British Empire and Japan had alone designated their representatives on this Committee. It would be well for the United States, France and Italy to designate their representatives on this Committee. Appointment of the Commission for the Execution of the Treaty After It Comes Into Force

M. Tittoni proposed that the Powers should have the right to designate an alternate delegate in case their principal delegate should not be able to sit.

(It was decided:

(1) that the United States, France and Italy should as soon as possible designate their representatives on the Committee for the coordination of questions concerning the interpretation and execution of the clauses of the Treaty with Germany;

(2) that the Principal Allied and Associated Powers might designate alternate delegates who, if necessary, should replace their delegates on this Committee.)

10. Sir Eyre Crowe pointed out that the allowance for members of the Commissions of Control and of Delimitation had been fixed, but that nothing had been decided for the members of the Plebiscite Commissions. He suggested that the question should be referred to a special Committee. Allowances for Members of the Plebiscite Commissions

(It was decided:

that a subcommittee of the Committee on the execution of the Treaty should determine the allowances to be granted to the personnel of the Plebiscite Commissions, after having consulted representatives of these Commissions.)

11. Marshal Foch stated that the reply of the German Government to the last Note of the Allied and Associated Powers relative to the evacuation of the Baltic Provinces⁵ had just reached him, and that it would be sent that day to the various delegations. The German Government accepted the sending of an Allied General Officer as had been proposed in the Note of the Allied and Associated Powers. In view of the great importance of hastening in every way the evacuation of the Baltic Provinces, he recommended that the Council should at once designate this General Officer, and he proposed the name of General Mangin. Evacuation of the Baltic Provinces

(It was decided:

that General Mangin should be charged by the Allied and Associated Powers with the duty,

(1) of ascertaining from the German Government the measures taken by it with a view to regulating the conditions of evacuation, and of proposing to that Government the measures which he himself should deem proper;

(2) of exercising on the spot an effective control over the execution of these measures.)

(The meeting then adjourned.)

Hotel Crillon, Paris , October 18, 1919.

Appendix A to HD–72

[Report by the Special Commission Charged With Determining the Composition of Interallied Forces of Occupation]

In accordance with the resolution of October 15,⁶ Marshal Foch has the honor to address the following proposals to the Supreme Council, concerning the composition of the Interallied occupation contingent in the territories which, by the terms of the Peace Treaty, may or must be occupied by Interallied contingents. These proposals were studied:

For:
	United States	Great Britain	France	Italy
By:
	General Bliss	Sir Eyre Crowe Gen. Sackville-West.	Mr. Laroche Gen. Weygand	Count Vannutelli Gen. Cavallero

The principles of distribution proposed for the Allied contingents are as follows

• —equality of expenses and responsibilities among the Powers, account being taken of their totality;
• —predominance in each zone of the contingents belonging to the Power which insures the Command in that zone, the other Powers being represented by a smaller contingent.
• —no contingent shall be less than one battalion; consequently in certain zones, two powers only will participate in the occupation.

The table hereto annexed gives the composition of the occupation contingents and their distribution among the Allied and Associated Powers.

It is desirable that, in each zone, the Presidency of the Commission and the Command of occupation forces be exercised by personalities belonging to the same nation, without making this condition compulsory in every instance.

We have the honor to submit to the Supreme Council the opinion that it would be advisable, in order to insure the execution of the Treaty under the most favorable circumstances:

1st) on one hand, to arrange for the departure of the Commissions and the occupation troops.

on the other hand, to fix the date of the entry into force of the Treaty, in order that the Commissions and occupation troops may reach their destinations at the time of the entry into force of the Treaty.

2nd) to advise the German Government, prior to the date fixed for the entry into force and of the coinciding with that entry into force and the arrival of the Commissions and the occupation troops in order that the German Government be in a position to take all the necessary dispositions, and in particular to fix the date for the evacuation of the territories by its own forces.

Note.—The Italian Military Delegates, although having participated in the study of the distribution provided for in the present plan, deems it expedient to affirm that the Italian Government has authorized the participation of only three battalions destined for Upper Silesia.

[Annex]

Composition of the Interallied Occupation Contingents

	Strength Necessary*	Distribution between the Allied and Associated Powers				Command	Observations
		Great Britain	United States	France	Italy
Upper Silesia	18	3	3	7	5	French
Teschen	3		1	1	1	American	In case of troubles, the first reinforcement battalion to be sent to Teschen will be taken from the British troops in Upper Silesia
Dantzig	4	2	1	1		British
Marienwerder	2	1			1	Italian
Allenstein	4	3	1			British
Memel	2	1	1			Undetermined	No proposal is made on account of the special character of the exclusively military occupation of Memel.
Schleswig	3	1	1	1		British
Total	36	11	8	10	7

*The strength of the contingents is indicated in battalions, it being understood that the strength of one battalion is to be maintained at from 600 to 800 men.

Artillery—In the zones where artillery is necessary (Upper Silesia, Dantzig) the proportion of artillery will be 1 battery for each regiment.

Machine guns—Shall be included in the organization of the battalions, or shall be formed into separate companies according to the army organizations. [Footnote in the original.]

Memorandum

Modification Proposed Concerning the Distribution of the Contingents

The French Representatives propose to the American, British and Italian Representatives that in modification of what was decreed on October 16, one French battalion be located in Memel in place of the American battalion provided for, this latter to proceed to Upper Silesia to replace the French battalion retired.

If this proposal is approved, the annexed table should be substituted for the table annexed to the report.

[Annex]

Composition of the Interallied Occupation Contingents

	Strength Necessary*	Distribution between the Allied and Associated Powers				Command	Observations
		Great Britain	United States	France	Italy
Upper Silesia	18	3	4	6	5	French
Tescben	3		1	1	1	American	In case of troubles, the first reinforcement battalion to be sent to Teschen will be taken from the British troops in Upper Silesia.
Dantzig	4	2	1	1		British
Marienwerder	2	1			1	Italian
Allenstein
	4	3	1			British
Memel	2	1		1		Undetermined	No proposal is made on account of the special character of the exclusively military occupation of Memel.
Schleswig	3	1	1	1		British
Total	36	11	8	10	7

*The strength of the contingents is indicated in battalions, it being understood that the strength of one battalion is to be maintained at from 600 to 800 men.

Artillery—In the zones where artillery is necessary (Upper Silesia, Dantzig) the proportion of artillery will be 1 battery for each infantry regiment.

Machine guns—Shall be included in the organization of the battalions, or shall be formed into separate companies according to the army organizations. [Footnote in the original.]

Appendix B to HD–72

Budapest, October 17, 1919.

Telegram

From: Interallied Military Commission.

To: Supreme Council, Peace Conference, Paris.

No. 841

The Commission has just learned, through a telegram addressed to one of its members, of the early arrival at Budapest of Sir George Clerk, supplied with full powers. It requests that this designation be officially confirmed by the Supreme Council and to clearly specify just what shall be the respective attributions of the Commission on one hand, and of Sir George Clerk on the other.

Appendix C to HD–72

October 18, 1919.

Telegram From the Supreme Council to the Interallied Military Mission at Budapest

The Supreme Council of the Allied and Associated Powers has decided to send Sir George Clerk to Budapest as its special representative. Sir George Clerk is directed to establish relations with the various Hungarian political parties and to inform M. Friedrich of the views of the Supreme Council concerning the conditions which must be fulfilled by a Hungarian government capable of maintaining order, of instituting elections and of concluding peace with the Allies. He will represent the Supreme Council in all political questions, the Interallied Military Mission retaining jurisdiction of military questions.

The special political mission of Sir George Clerk in no wise modifies the general mission of a military nature with which the Allied Generals were entrusted by the confidence of the Supreme Council. Sir George Clerk will inform the Generals of the deliberations taken by the Supreme Council pursuant to their last communications, and, in particular, their telegrams under date of October 13th and 14th.⁷ He will inform them that the Council has decided to take all the measures necessary to force the Roumanian Government to follow the line of conduct which it was requested to adopt.

Polk

Am[erican] Mission

Appendix D to HD–72⁸

October 16, 1919.

Drafting Committee Note on the Italian Proposal Concerning the Peace Conditions With Hungary

The extent of the Italian proposition, such as this proposition is presented, appears to be the following:

1st—To assure the renunciation of Hungary, in favor of Italy, to all rights and titles, to which Hungary might have pretensions on the Austrian territories or on the Austro-Hungarian territories (that is, the territories placed up to this time under the undivided sovereignty of Austria and of Hungary) attributed to Italy in accordance with the Austrian Treaty and supplementary treaties.

If, as explained by the Italian Delegation, Hungary has never abandoned her pretensions over certain parts of the Austrian territories, properly speaking, attributed to Italy, it is important to end the matter. Furthermore, if among the territories attributed to Italy according to the Austrian Treaty, there are Austro-Hungarian territories, it is necessary to provide for a renunciation on the part of Hungary as well as on the part of Austria.

On the first point, the Italian proposal appears, therefore, justified. It is none the less so concerning the other States born of the dismemberment of the former Monarchy or grantees of the Austrian or Austro-Hungarian territories. The provisions already adopted provide for this (see Articles 37, 40 and 45 of the Peace Conditions with Hungary).

The Drafting Committee proposes therefore to further provide, as far as Italy is concerned, by the following provisions:

“That Hungary renounces, in so far as she is concerned, in favor of Italy, all rights and titles to which she might have pretensions on the territories of the former Austro-Hungarian Monarchy, now recognized as being a part of Italy, in accordance with Article 36, alinea 1st, of the Peace Treaty, concluded the 10th of September, 1919 between the Allied and Associated Powers and Austria.”

2nd—That a renunciation on the part of Hungary be stipulated at this time over all rights and titles on Hungarian territories which are not yet, but which will perhaps subsequently be, attributed to Italy.

Concerning the second point, the proposal appears premature. It will be justified only in the event of a decision of the Supreme Council attributing these Hungarian territories to Italy.

3rd—To stipulate that concerning Hungary, even in case no Hungarian territory would be attributed to Italy, Italy will enjoy the same right which she now enjoys in relation to Austria by virtue of the special Section concerning Italy (Articles 36 to 45 of the Austrian Treaty).

This third point gives rise to the following remarks:

a) It is perfectly natural to have a provision inserted in the Hungarian Treaty in favor of Italy corresponding to that of Article 40 of the Austrian Treaty, and stipulating that no sum shall be due from Italy by virtue of her entry into possession of the “Palazzo Venezia” in Rome, As long as the acquisition under gratuitous title was admitted, and that in fact the structure was Austro-Hungarian property, it is important to stipulate a similar clause with Hungary as with Austria, that is:

“No sum shall be due from Italy by virtue of her entry into possession of the ‘Palazzo Venezia’ in Rome.”

b) Articles 38, 39, 41, 43 and 44 of the Italian section of the Austrian Treaty refer exclusively to the territories attributed to Italy and to the state of affairs created by the transfer of sovereignty. The Drafting Committee was unanimous in deciding that these provisions were not applicable as concerns Hungary.

c) Article 42 of the said section of the Austrian Treaty stipulates that Austria is obligated to restore to Italy the Italian cars which had entered Austria prior to the war and not yet returned to Italy.

The Italian Delegation points out that among these cars which entered Austria a considerable number at the present time are in Hungary and that, in consequence, their restoration should be stipulated concerning Hungary, as was done with Austria.

The Drafting Committee therefore proposes a provision as follows:

“Hungary shall restore to Italy within a period of three months, all the cars belonging to the Italian railroads, which, prior to the war, had entered Austria and are at the present time in Hungary.”

d)Articles 37 to 45 of the Italian section of the Austrian treaty deal with the methods of procedure or analogous questions.

Article 37 protects the inhabitants of the territories attributed to Italy, in accordance with the Treaty of St. Germain, against certain foreclosures or limitations, which, without such provision, might be found applicable, in cases where these persons were, during the war, absent, evacuated, interned or imprisoned.

As was pointed out by the Italian Delegation, there would be, if not a direct contradiction, at least a peculiarity difficult to explain, if the same person, having been the object of measures of coercion, obtained protection against the consequences of this measure as concerns Austria, and not as concerns Hungary, especially if it is considered that very often during the war orders were given which were common both to Austria and to Hungary.

Consequently, the Drafting Committee proposes to reproduce as follows, in the Hungarian Treaty, Article 37 of the Austrian Treaty, by specifying clearly that the question concerns the territories attributed to Italy in accordance with Art. 36, alinea 1 of the Treaty of St. Germain.

“By derogation of Article 269, Part X (Economic Clauses), persons having their habitual residence within the territories of the former Austro-Hungarian Monarchy, transferred to Italy in conformity with Article 36, alinea 1, of the Peace Treaty with Austria, and who, during the war were outside of the territories of the former Austro-Hungarian Monarchy, or had been interned, imprisoned, or evacuated, shall integrally enjoy the advantages of the dispositions provided for in Articles 252, and 253, Part X, (Economic Clauses). [”]

Article 45, in its first alinea, provides that the judgments rendered in civil and commercial affairs subsequent to August 4, 1914, (date of the declaration of Italian neutrality) between the inhabitants of the territories attributed to Italy and the Austrians, or between these inhabitants and the Germans, Bulgarians and Turks, by the courts of the said territories shall be executory only after exequatur by Italian tribunals replacing the tribunals in which the judgments were rendered.

It could not be understood why the same measures be not taken, concerning similar cases, when the judgments were rendered between the said inhabitants and Hungarians. In other words, the Hungarian nationals should be treated, on the ceded territories as are the Aus-trians, Germans and Bulgarians and Turks.

Alinea 2 of the same Article annuls the judgments rendered, in political affairs against the Italians, by the Austro-Hungarian judiciary authorities, including those persons becoming Italian by virtue of the Treaty with Austria.

When it is considered that very often, as was mentioned above, the trials and condemnations took place by virtue of orders, common to the two parties to the former Austro-Hungarian Monarchy, it is difficult to explain why a similar provision be not taken mutually concerning each one of the two parties of the former Monarchy, that is to say toward Hungary as toward Austria.

Referring to alineas 3, 4, and 5 of the said Article 45 of the Austrian Treaty, their provisions have a special bearing concerning Austria, and the relations between the Austrian and Italian judiciary authorities, as a result of the transfer of sovereignty. They do not appear, therefore, to apply in the Treaty with Hungary.

The Drafting Committee proposes, therefore, to insert in the Hungarian Treaty an article corresponding with the first two alineas of Article 45 of the Austrian Treaty, as follows:

• “1st—The judgments rendered in civil and commercial affairs, subsequent to August 4, 1914, by the tribunals of the territories transferred to Italy, in accordance with Article 36, alinea 1, of the Peace Treaty with Austria, between the inhabitants of the said territories, and nationals of the former kingdom of Hungary, shall be executory only after exequatur pronounced by the new corresponding tribunal in the territories in question.”
• “2nd—All judgments rendered subsequent to August 4, 1914, by the judiciary authorities of the former Austro-Hungarian Monarchy against Italian nationals, including those to whom Italian nationality shall be acquired in conformity with the Treaty of Peace with Austria, for crimes or political misdemeanors, shall be considered null and void.”

For the Drafting Committee,

Henri Fromageot

Appendix E to HD–72

[Note From the Drafting Committee]

As the Treaty provides that, without delay, German sovereignty over certain territories be transferred either to the League of Nations or to the Principal Allied and Associated Powers, and as certain measures must be taken either by the Council of the League of Nations or by the Principal Allied and Associated Powers, it is necessary that on the day of the entry into force of the Treaty the necessary organisms be ready to exercise the functions for which the League of Nations, or the Principal Allied and Associated Powers, will be, from that time, responsible.

1st—Concerning the League of Nations, nothing can be regularly-done except by the Council. However, the Council itself cannot exist legally and act regularly until after the entry into force of the Treaty.

In order to obviate the difficulties which could result from that situation, the following procedure could be used as a base:

1st—by the terms of Article 5 of the Convention, the President of the United States is to convoke the first meeting of the Council. Nothing in the text opposes the convocation before the entry into force of the Treaty or before ratification by the United States. On this latter point, in fact, if, in default of ratification by the United States, the President is not obliged to make this convocation, it is none the less true, in any case, that he has received the authority from the contracting powers to do so.

The President of the United States, therefore, should be requested, at once, to convoke the Council of the League of Nations for the day of the entry into force of the Treaty, that is to say, for the day of the first deposit of the ratifications, in adding that the date shall be later specified.

The convocation should be made for the same place as the depositing of the ratifications, that is, in Paris, and should be addressed to each one of the Powers represented in the Council, that is, to the five Principal Allied and Associated Powers, and to Belgium, Brazil, Spain, and Greece.

2nd—At the present time each one of the said Powers represented on the Council should be invited by the Supreme Council to designate its representative without delay, as has already been done by France and Italy.

Here also, nothing in the Treaty subordinates these designations to the entry into force or to the preliminary ratifications of the Treaty.

3rd—To meet as soon as possible, in a non-official meeting in the presence of the General Secretary of the Council, Sir Eric Drummond, in which should be represented the members of the Council of the League of Nations designated by the Powers. During this meeting unofficial decisions should be made concerning all the measures tending to insure, as soon as the entry into force of the Treaty, the execution of the obligations immediately incumbent upon the League of Nations, i. e.:

a) Provide for the government and the fixing of the boundaries of the Saar Basin, that is, designation of the Commission and formulating of instructions to be given it—designation of the delimitation commission;

b) Designation of the High Commissioner to Dantzig, and instructions to be given him;

c) Sending, immediately and unofficially, of these agents to their posts, in order that they may be ready to take up their duties officially upon the day and hour of the entry into force of the Treaty.

4th—Upon the day and hour fixed for the filing of the ratifications and consequently, for the entry into force of the Treaty: Official meeting of the Council of the League of Nations which, from that time, shall exist legally—legalization of the measures taken unofficially—issuance of orders to agents previously sent to their posts, to immediately assume their duties.

On this same day, invitations to adhere to the League of Nations, as has already been decided, should be sent to the third Powers enumerated in the Convention.

5th—Concerning the Principal Allied and Associated Powers, from the present moment it appertains to the Supreme Council to take, if such has not already been done, all measures necessary to insure the execution of the obligations which are incumbent on it by the entry into force of the Treaty, or at least in the few days following; that is, notably:

a) Provide for the Government of Memel-Dantzig and the German Colonies.

b) Civil High Commission to the occupied Rhenish countries.

c) Plebiscite Commission: Upper Silesia-Eastern Prussia (Allen-stein)—Western Prussia (Marienwerder)—Schleswig;

d) Delimitation Commissions: Belgium—Czecho-Slovakia (Rati-bor)—Poland—Dantzig—including the High Commissioner;

e) Supervision Commissions: military, naval and Aeronautic; f) Commission on the demolition of Heligoland;

g) Prisoners of war Commission;

h) Reparations Commission;

i) River Commissions: Rhine, Danube, Elbe, and Oder;

j) List of those accused of crimes and misdemeanors against the rignts of people.

k) Where necessary, the sending, immediately and unofficially, of these agents to their posts, in order that they may be ready to take up their duties officially upon the day and hour of the entry into force of the Treaty.

For the Drafting Committee,

Henri Fromageot

October 17, 1919.

Appendix F to HD–72

Procès-Verbal

of the deposit of ratifications of the Peace Treaty signed at Versailles, June 28, 1919, between the United States of America, the British Empire, France, Italy and Japan, Principal Allied and Associated Powers, Belgium, Bolivia, Brazil, Cuba, Ecuador, Greece, Guatemala, Haiti, Hedjaz, Honduras, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Rumania, Serb, Croat, Slovene State, Siam, Czecho-Slovak State, and Uruguay, on the one hand,—and Germany on the other; as well as of the following acts: the Protocol, signed the same day by the said Powers, the Arrangement of the same date by the United States of America, Belgium, the British Empire, France and Germany concerning the occupation of Rhenish territories.

In execution of the final clauses of the Peace Treaty signed at Versailles, on June 28, 1919, the undersigned assembled at the Ministry of Foreign Affairs, in Paris, to proceed with the deposit of the ratifications and to deliver them to the French Republic.

The instruments of the ratifications or notifications of their sending by three of the Principal Allied and Associated Powers, i. e.:

• of the British Empire, for the Peace Treaty, the Protocol and the Arrangement;
• of France, for the Peace Treaty, the Protocol and the Arrangement;
• of Italy, for the Peace Treaty and the Protocol;
• and of the Allied and Associated Powers, following, i. e.:
• of Belgium, for the Peace Treaty, the Protocol and the Arrangement;
• of Poland, for the Peace Treaty and the Protocol;
• of Siam for the Peace Treaty and the Protocol (the Instrument to be delivered later)
• as well as of Germany, for the Peace Treaty, the Protocol and the arrangement,

were produced and having been, after examination, found to be in good and due form, are confided to the Government of the French Republic, to remain deposited in its archives.

In accordance with the provisions of the final clauses above cited, the French Government will notify the contracting Powers of the depositing of the instruments of subsequent ratifications by the States which are signatories of the said Treaty, Protocol and Arrangement, and which are not in position at this time to conform with this formality.

In witness whereof, the undersigned have drawn up the present Procès-Verbal, and have affixed their seals thereto.

Done at Paris, the . . . . day of . . . . . . . . 1919
at . . . . o’clock.

Signed:	Great Britain
“	France
“	Italy
“	Belgium
“	Poland
“	Siam
“	Germany

Appendix G to HD–72

Procès-Verbal

of the deposit of the Ratifications of the Treaty signed at Versailles, on June 28, 1919, between the United States of America, the British Empire, France, Italy, Japan and Poland.

In execution of the final clauses of the Treaty signed at Versailles, on June 28, 1919, between the United States of America, the British Empire, France, Italy, Japan and Poland, the undersigned assembled at the Ministry of Foreign Affairs in Paris to proceed with the deposit of the Ratifications and their delivery to the Government of the French Republic.

The Instruments of Ratification:

• Of the British Empire,
• Of France,
• Of Italy, and
• Of Poland

were submitted and having been, after examination, found to be in good and due form, are confided to the Government of the French Republic to remain deposited in its archives.

In accordance with the provisions of the final clauses above cited, the French Government will notify the contracting Powers of the deposit of the ratifications.

In witness whereof, the undersigned have drawn up the present procès-verbal and have thereto affixed their seals.

Done at Paris, this . . day of . . . . . . . 1919 at . . o’clock.

Signed:	Great Britain,
	France,
	Italy,
	Poland.

Appendix H to HD–72

peace conference

Note From the French Delegation

In the course of a call made on October 13th, by Baron von Lersner to Mr. Dutasta, Baron von Lersner called Mr. Dutasta’s attention to the fact that the Treaty of Versailles provided for the designation of American Commissioners to take part in the Delimitation and Plebiscite Commissions. He intimated that, in case the American Commissioners might not be designated before the ratification of the Treaty by the United States of America, the Allied and Associated Governments should come to an understanding at the present time with the German Government with a view to the examination of the consequences which might result from this situation and avoid the possibility that the Commissions might be unable to be formed within the time specified.

The questions shall be submitted to the Supreme Council during the next session.

In view of this deliberation, the Secretary General of the Peace Conference has requested the Drafting Committee to kindly give their views on the point of law introduced by the President of the German Delegation.

Appendix I to HD–72

Note From the Drafting Committee on the Question Introduced by Baron von Lersner Regarding the Functioning of Plebiscite and Delimitation Commissions Pending the Appointment of American Representatives

All Commissions to be constituted by the Allied and Associated Powers shall be duly composed and shall function regularly with the representatives designated by the Powers having ratified the Treaty or who, without having ratified, have agreed to proceed with the designation of a representative to the Commission.

If all the Powers, whose representation is provided for in the Treaty, have not designated their representatives at the time of the entry into force of the Treaty, the decisions taken by the Commission shall be none the less valid. And if, in like cases, there is an equality of votes, the procedure should be as is provided for in Article 437 of the Treaty.

For the Drafting Committee,

Henri Fromageot

October 16, 1919.

1. HD–70, minute 6, p. 645.
2. IC–170, minute 2, vol. v, p. 72.
3. Minute 6, p. 645.
4. HD–17, minute 1, vol. vii, p. 356.
5. Appendices D and E to HD–67, pp. 546 and 547.
6. HD–70, minute 4, p. 642.
7. Appendix A to HD–71, p. 678.
8. Filed separately under Paris Peace Conf. 185.3131/4.