Paris Peace Conf. 180.03501/119

HD–119

Notes of a Meeting of the Heads of Delegations of the Five Great Powers Held in M. Pichon’s Room, Quai d’Orsay, Paris, Tuesday, December 30, 1919, at 10:30 a.m.

  • Present
    • America, United States of
      • Hon. Hugh Wallace
    • Secretary
      • Mr. Harrison
    • British Empire
      • Sir Eyre Crowe
    • Secretary
      • Mr. Norman
    • France
      • M. Clemenceau
    • Secretaries
      • M. Dutasta,
      • M. Berthelot,
      • M. Arnavon,
      • M. de Saint Quentin
    • Italy
      • M. De Martino
    • Secretary
      • M. Trombetti
    • Japan
      • M. Matsui
    • Secretary
      • M. Kawai
Joint Secretariat
British Empire Captain Lothian Small,
France M. Massigli,
Italy M. Zanchi.
Interpreter—M. Mantoux

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

  • British Empire
    • Capt. Fuller, R. N.
    • Cdt. MacNamara, R. N.
    • Mr. Malkin.
  • France
    • M. Loucheur
    • M. Cambon
    • Marshal Foch
    • Gen. Weygand
    • Gen. Le Rond
    • M. Laroche
    • M. Serruys
    • M. Fromageot
    • Capt. Roper
  • Italy
    • Gen. Cavallero
    • C. Adl. Grassi
    • M. Pilotti
  • Japan
    • M. Shigemitsu
    • M. Nagaoka

[Page 703]

Mr. Dutasta told the Council that in company with Mr. Loucheur he had had a visit on the previous day from Mr. von Lersner. From statements made to him by the President of the German Delegation it appeared that the Germans were ready to sign the protocol1 as it stood; the signature would coincide with the exchange of ratifications. Those instruments once signed, the Supreme Council would submit to Mr. von Lersner a letter declaring the undertaking given by the German Delegation to surrender without delay 192,000 tons of docks, and agreeing, for the surrender of the remainder over a period of from two to three years. Mr. von Lersner had tried to bargain about the handing over the five cruisers required by the procotol. Confronted by the categorical statements made by Mr. Loucheur and himself on the utter impossibility for the Allies of allowing any discussion of that subject, the President of the German Delegation had not insisted. He had, on the other hand, asked for certain precision on the method of calculating the tonnage still to be surrendered. On that point, a certain ambiguity seemed to remain in his mind, and then Mr. Loucheur took part in the discussion in order to remove it. 1. Conversation of 29th December Between Mr. Dutasta and Mr. von Lersner

Mr. Loucheur explained that in Mr. von Lersner’s telegram to his Government, the text of which he had communicated to Mr. Dutasta and himself, he had said in effect that if it were shown that there actually existed at Hamburg and at Dantzig a deficit of 180,000 tons as compared with the figure appearing on the lists of the Allied experts, the Allied demands would be reduced by that amount of tonnage. Such a formula might well have been a source of misunderstanding. As a matter of fact, while it was possible that Allied experts were mistaken to the extent of 130,000 tons they had on the other hand established in conformity with the figures submitted by the German Delegates the existence of 80,000 tons about which, apart from those figures, they had been ignorant. He had thought it well, therefore, to make clear the position taken by the Allies; the demand for 400,000 tons by the Allies had been based upon an inventory established by them according to which Germany possessed on the 1st November a total tonnage of x tons. The German experts had furnished a statement which are still to be verified and which represented a lower figure—y tons. From the 400,000 tons claimed by the Allies they would deduct the difference x–y or more exactly the difference really established after verification.

Mr. Dutasta stated that as a result of their conversation they had drafted a letter which after the exchange of signatures would be addressed to the President of the German Delegation and of which he would of course have previous acquaintance. The draft was as follows. [Page 704] (Mr. Dutasta then read the draft letter which appears as Appendix A.)

Sir Eyre Crowe saw some disadvantage in saying that there would be granted to the German Government for the surrender of the required tonnage a period of from two to three years: it would be better he thought to be a little more precise.

Mr. Loucheur agreed and said that the text he proposed was as follows:

There will be granted to the German Government for the delivery of the sum total tonnage a period not to exceed two years.

Sir Eyre Crowe accepted that text and suggested that it would be well not to leave the task of determining the tonnage to be surrendered to the Reparation Commission alone; would it not be well to specify that the Naval experts should be heard.

Mr. Loucheur thought indeed that the matter could be decided between these (and on the following day the Reparation Commission would be notified). But there would be no advantage whatever in stating that specifically in the letter to be addressed to Mr. von Lersner.

Sir Eyre Crowe concluded that the conversation just reported to the Council had had a result even more favourable than they had hoped for.

It was decided:

(1)
That after the deposit of ratifications of the Treaty of Versailles and the signing by the Representatives of the German Government of the protocol of the 1st November, the President of the Peace Conference shall address to the President of the German Delegation in the name of the Allied and Associated Powers the letter the draft of which appears in Appendix B.
(2)
That the Reparation Commission in fixing the tonnage of floating docks &c. to be handed over by the German Government as reparation for the Scapa Flow incident, and in fixing also the 192,000 tons of which the German Government proposed delivery, shall take the opinion of the Naval Experts of the Principal Allied and Associated Powers.

(Mr. Wallace would refer this resolution to Washington for instructions from his Government.)

The Council had before it a Note from the British Delegation on the jurisdiction of the Inter-Allied Rhineland Commission within the area occupied by American troops. (Appendix “C”).

Sir Eyre Crowe read and commented upon the British Note. 2. The Jurisdiction of the Inter-Allied Rhineland High Commission

Mr. Clemenceau thought it quite impossible that the territories occupied by American troops should be without the jurisdiction of the High Commission.

[Page 705]

Sir Eyre Crowe considered it probable that the American command would accept an arrangement by which it recognized the jurisdiction of the Commission, it being understood that America would have an unofficial place on that body.

Mr. Clemenceau said that in fact there were only two possible hypotheses: either the American troops were on the Rhine as a conquering army or they were there as a result of an Inter-Allied agreement and because America had its place in the concert of the Allies. It was obviously the second hypothesis which was the true one.

Marshal Foch said that a question of principle dominated the whole situation. So long as the armistice regime lasted, the whole of the territories on the left bank of the Rhine were placed under common jurisdiction. The day the peace treaty came into force and on which therefore the armistice regime ended that common jurisdiction disappeared, but that was only in order to give place to another jurisdiction which extended equally over the territories of the left bank.

Mr. Clemenceau thought that they ought to come to a decision. If their decision gave rise to objection on the part of the American Government, that Government would communicate their decision.

It was decided:

That on the coming into force of the Treaty of Peace with Germany the jurisdiction of the Inter-Allied Rhineland High Commission will extend over all the territories on the left bank including those at present occupied by the American troops.

(Mr. Wallace will refer this decision to Washington for instructions from his Government.)

General Weygand told the Council that on a previous day he had had a long meeting with the German Delegates in order to arrange the conditions of the transport of Allied troops in the territories submitted to plebiscite. At a previous meeting, the Council had indicated to him on what points concessions were possible and upon what others he ought to make none.2 On the matter of the number of trains that should be run each day he had, conforming to the Council’s instructions, demanded six. The German Delegates had declared that in principle they were willing to grant that number; they required, however approval from Berlin. On the matter of transport in Western Prussia, the German Delegation had likewise declared itself ready to examine their demands and he thought that it would agree to them. It had nevertheless pointed out that from [Page 706] the 12th day and as a result of special arrangements come to between Germany and Poland, the Poles would have taken possession of Western Prussia. The German Delegation considered therefore that the Polish Government ought to take its share in supplying the transports and stores necessary. There was obviously a complication since it would be necessary to appeal to the Polish experts, but that was a difficulty in detail which they could easily overcome. In the third place, Germany agreed to supply the passenger carriages necessary for the transport under the reserve that the Allies furnish part of the remainder of the material; they had come to an agreement about that condition. The German Delegation however had asked it to be recorded on the procès-verbal that they formulated reservations on the possibility of Germany’s furnishing the number of carriages demanded. There remained the question of the payment for the transport. On that point, he had not received a sufficiently satisfactory result, and the German Delegates had appeared to be decided not to yield; they alleged that a law of the Empire stipulated that in time of peace the military tariff could be applied only to the transport of German troops; a new law would therefore be necessary. He had replied that they had only to pass such a law. The Germans refused to say [pay?] anything whatever on the transport of troops going to Dantzig and Memel, territories purely and simply taken away from them. As for plebiscite areas they were ready to advance the cost of transport [;] if the plebiscite were favourable to Germany, the question would be by that very fact decided; if not, the administration of the German railways would demand from the beneficiary states repayment at full tariff of the cost of transport. 3. Allied Contingents in the Plebiscite Areas

Sir Eyre Crowe asked whether they could calculate approximately the difference between those two tariffs.

General Weygand gave the information that the proportion was as 4 or 5 to 1. On that point he required definite instructions from the Council. Should he adhere to his position or leave the matter over in favour of the Reparation Commission.

Sir Eyre Crowe doubted whether the Reparation Commission was competent; further the question affected rather Poland and Denmark.

General Weygand agreed; it was obvious (and that was what annoyed him) that they were playing with the finances of Denmark and Poland.

Marshal Foch considered that they might lay it down as a principle that Allied troops would be transported on the same terms as German troops since they were crossing Germany after agreement with the German Government.

Sir Eyre Crowe believed that the Marshal was right. No bargaining was possible on that point.

[Page 707]

General Weygand considered that in those circumstances he would maintain his original demands, avoiding naturally anything which might embitter the discussion; he would give an account of the results obtained.

In the course of the discussion with the President of the German Delegation, Counsellor of Embassy, Göppert, had asked what were the exact numbers of troops to be sent into the Plebiscite areas. He had said (and that indeed had determined the reply) that Mr. Berthelot in the previous conversation had not felt that he ought to give that information. The General had therefore not satisfied his curiosity. Ought he to do it.

Sir Eyre Crowe asked whether the General himself saw any objection to doing so.

Marshal Foch thought it all the easier to give the information since the Germans knew the number of trains required of them, and consequently they would not find it difficult to calculate the numbers of the occupying troops.

General Weygand concluded that Mr. Göppert had raised finally a question of principle on the subject of the occupation of the territories of Allenstein: he had emphasized that the Treaty had not provided for sending Allied contingents into that zone and added that the German Government was in a position to assure the maintenance of order; his [he?] would not object, however, to a Government force of one battalion being sent there to ensure the safety of the Allied Commission.

Sir Eyre Crowe asked how many battalions they had anticipated sending for the occupation of Allenstein.

General Weygand answered that four battalions had been intended.

Sir Eyre Crowe felt that it was hardly permissible to allow the German Government to maintain troops in an area subject to plebiscite, and thought that the Council should adhere to its previous decisions.

General Weygand stated that he was of the same opinion.

It was decided:

(1)
that, in his negotiations with the German technical experts, the Field Marshal, Commander-in-Chief of the Allied Armies, shall maintain his demand that the transport of Allied troops to plebiscite areas, as also to Dantzig and Memel, be on the conditions laid down in the German military tariff;
(2)
that the Field Marshal, Commander-in-Chief of the Allied Armies, is authorized to make known to the German delegates, the number of troops provided for the occupation of plebiscite areas;
(3)
that he will notify those delegates the decision of the Allied and Associated Powers to have the Allenstein territory occupied by interallied contingents.

[Page 708]

Mr. Clemenceau made the proposal to the Council to fix then the date of the coming into force of the Treaty; for his part, he thought of the 7th or 8th of January.

General Weygand remarked that, in any case, the transports would commence only on the 13th. 4. Date of the Coming Into Force of the Treaty of Versailles

Sir Eyre Crowe asked whether the President had in mind sending an ultimatum to Germany about the date.

Mr. Clemenceau replied that he had not. Mr. Dutasta could propose to Mr. von Lersner the 8th of January for the exchange of ratifications; that having been agreed to, he would tell the German Delegation officially the date chosen.

Sir Eyre Crowe said that in those circumstances the earlier date should be chosen; they might as well decide on the 7th as on the 8th.

Mr. de Martino was of that opinion and said that it was understood that the treaty came into force on the day of the deposit of ratifications.

Mr. Clemenceau agreed and said that there was no objection to the date of the 5th being decided upon. If that was too early the 7th might be selected.

It was decided that the Secretary General of the Peace Conference should inquire of the President of the German Delegation whether he was prepared to sign the Minutes of the deposition of ratifications on the 5th of January.

In case that date were too early the depositions of ratifications would take place on the 7th or, at the latest, on the 8th of January.

At this point Mr. Clemenceau retired and Mr. Cambon took the chair.

Sir Eyre Crowe said that this question had been adjourned on the previous day owing to the absence of the President.3 As Monsieur Clemenceau had just left it seemed to him again difficult to discuss it then. Nevertheless he wished to state that he had inquired of his Government regarding the Agenda of the first meeting of the Council. The opinion in London was that only the nomination of the Delimitation Commission of the Saare should appear on the Agenda but perhaps the views of his Government had since changed in view of the imminent visit of British Cabinet Ministers to Paris. 5. Summoning of the First Meeting of the league of Nations

[Page 709]

Mr. Berthelot believed that Sir Eric Drummond would prefer that the first meeting of the Council should not take place on the day after the entry into force of the Treaty. Sir Eric Drummond in fact wished to give this meeting a solemn character and desired that the Council should not meet until eight or ten days after the entry into force of the Treaty so that he might make due preparation.

Sir Eyre Crowe asked whether such delay would be in any way inconvenient.

Mr. Berthelot replied that this delay would not be inconvenient if the only item on the Agenda were to be the Delimitation Commission of the Saar though he regretted that it was not possible to nominate immediately the Government Commission.

Sir Eyre Crowe observed that, in any case, if the Treaty were to come into force on the 5th of January no time was to be lost and this question would have to be settled on the following day.

The Council had before it a Note of the German Delegation dated October 16, 1919, (Annex D) and a note of the Drafting Committee dated December 24, 1919 (Annex E).

Mr. Berthelot commented on the note of the German Delegation and on that of the Drafting Committee. He added that the Drafting Committee were unanimous in their opinion that the interpretation given to Article 109 of the Treaty of Peace by the Belgian General commanding the Fourth Zone, General Michel, was erroneous. 6. Voting Rights in Schleswig

Sir Eyre Crowe concurred in the opinion of the Drafting Committee, and thought that it should be communicated to the Military authorities concerned.

Mr. Cambon said that the necessary instructions would be given.

It was decided that the Allied Authorities of the Territories of the left bank of the Rhine should be informed that persons born in Schleswig and domiciled outside the zone of the plebiscite could, according to the Treaty, claim a right to vote.

Mr. Wallace would refer this resolution to Washington for instructions from his Government.

The Council had before it draft instructions for dispatch to General Mastermann, President of the Interallied Aeronautical Commission of Control at Berlin, dated December 24, 1919. (Appendix F). 7. Instructions to the President of the Interallied Aeronautical Commission of Control in Berlin

After a short discussion it was decided to approve the draft instructions to be sent to the President of the Interallied Aeronautical Commission of Control in Berlin. (Appendix F.)

[Page 710]

The Council had before it a letter of the Serbo-Croate-Slovene Delegation to the President of the Peace Conference dated December 12, 1919 (Annex G) and of a letter of the Secretary General of the Economic Commission to the Secretary General of the Peace Conference dated December 27, 1919. (Annex H). 8. Modifications in the Economic Clauses of the Treaty With Hungary Requested by the Serbo-Croate-Slovene Delegation

Mr. Serruys read out and commented on the note of the Economic Commission. He added that since the note of December 27 now before the Council had been drafted, the Italian Delegation had withdrawn its adhesion to the conclusions in this note and had brought forward a serious objection thereto. The Italian Delegation drew attention to the fact that if the Articles in the Hungarian Treaty corresponding respectively to Article 260 of the Treaty of Versailles and to Article 211 of the Treaty of St. Germain were to be modified, the Hungarian State might have to bear a heavy burden inasmuch as the repurchases of the entails (majorats) would apply equally to the territories ceded to Roumania. In those circumstances the Italian representatives thought that the question chiefly concerned the Reparation Commission because the solution proposed would be tantamount to granting to the Serbo-Croat-Slovene State a real priority in the matter of reparations. The Economic Commission therefore thought that it ought to propose to the Supreme Council that the whole matter including the Commission’s own suggestions should be referred to the Reparation Commission for examination.

Sir Eyre Crowe inquired whether the proposals of the Economic Commission would have the effect of modifying in any way the Treaty with Germany or the Treaty with Austria.

Mr. Serruys replied in the negative.

Mr. de Martino said that if the matter were simply one of referring the whole question to the Reparation Commission, he was quite agreeable. But if it were necessary for him to express an opinion, he would have to reserve it on account of the absence of his technical advisers.

Mr. Cambon observed that there was no need to express any opinion.

It was decided to refer to the Reparation Commission, for examination and immediate report, the note of the Serbo-Croate-Slovene Delegation, dated December 12, concerning the liquidation of Hungarian properties situated in the territory transferred to the Serbo-Croate-Slovene State, together with the proposals of the Economic Commission contained in its note of December 27, 1919, to the Secretary General of the Peace Conference.

Sir Eyre Crowe thought that the question of the repayment of the cost of transport and maintenance of Russian prisoners of war in Germany should be brought before the Council at an early opportunity. The matter had been held over. 9. Determining of Agenda

[Page 711]

Mr. Cambon replied that the question would be put on the Agenda for to-morrow.

Sir Eyre Crowe also desired to draw the attention of the Council to the fact that the British Delegation had been requested to circulate a Note concerning the general methods of reparation to be applied to Hungary. His Government had suggested the adoption of a new system in the case of Hungary: but it had subsequently recognized that this proposal involved serious difficulties and he was now instructed to withdraw it.

Mr. de Saint Quentin pointed out that, according to a report of the Economic Commission, the British Government had obtained what they wished as regards one point: the arrangements already made forbade for a period of five years the establishment of Customs barriers by the neighbouring States who had acquired territory formerly Hungarian.

Mr. de Martino observed that the Council had decided on October 2 to send an Interallied Commission of Officers to the Comitadjis of Western Hungary ceded to Austria by the Treaty of St. Germain.4 But, as a matter of fact, that Commission had never proceeded to the spot. In view of the declaration recently communicated to the Chancellor Renner in the name of the Supreme Council,5 it would be advisable that effect should be given to the decision of October 2.

Mr. de Saint Quentin said that the French Delegation had had a meeting with the Italian Delegation and had just drafted a note on the subject which would be circulated to the members of the Council.

Mr. Cambon said that this question would be placed on the Agenda for the following day.

(The meeting then adjourned).

Appendix A to HD–119

Draft Letter to the Germans Regarding the Signature of the Protocol

To: Baron von Lersner.

Now that ratifications of the Treaty of Versailles have been exchanged and the Protocol of November 1st6 signed by the qualified representative of the German Government, the Allied and Associated Powers wish to assure the German Government again that in demanding reparations for the scuttling of the German Fleet at Scapa Flow, their object was not to injure Germany’s vital economic interests. By [Page 712] the present letter they confirm the declarations which the Secretary-General of the Peace Conference was directed to make, verbally, on this point, December 23rd, to the President of the German Delegation. These declarations were as follows:

1.
The Secretary-General was authorized by the Supreme Council to assure the German Delegation that the Interallied Commissions of Control and the Reparation Commission would act scrupulously in conformity with the assurances contained in the note of December 8, concerning the safeguard of Germany’s vital economic interests.
2.
As the experts of the Allied and Associated Powers are inclined to believe that part of the data upon which they based their demand for 400,000 tons of floating docks, floating cranes, tugs and dredges may have been inaccurate in certain minor details, they think a mistake may have been made as to the 80,000 tons of floating docks in Hamburg. If the investigation to be conducted by the Interallied Commission of Control proves that an error has really been made, the Allied and Associated Powers will be disposed to reduce their claim proportionately, so as to bring the quantity down to 300,000 tons, in round figures, or even lower, if convincing arguments prove that this is necessary. But absolute facilities must be granted authorized representatives of the Allied and Associated Powers to make all necessary investigations, in view of verifying the German assertions, before any reduction of the original demands of the Protocol can be made by the Allied and Associated Powers.
3.
The Allied and Associated Governments, referring to the last paragraph of the memorandum containing their reply, do not consider that the scuttling of the German ships at Scapa Flow constitutes a crime of war for which individual penalties should be demanded according to Article 228 of the Peace Treaty.

The Allied and Associated Powers, always actuated by the desire to consider Germany’s vital economic interests, have presented a claim for 400,000 tons, based on an inventory made by them, according to which Germany was supposed to have had on November 1st a total tonnage of . . . . . . . tons. The German experts made a statement, to be verified, which sets forth an inferior amount of tonnage . . . . . . . tons. Consequently, from the 400,000 tons claimed by the Allies will be deducted eventually the difference between the first figures and the second, or rather that actually found upon investigation.

The Allied and Associated Powers add that the 192,000 tons proposed by the German Government must be delivered immediately. As for the remainder of the tonnage, as determined by the experts, the German Government will be given a delay of from two to three years for delivery.

[Page 713]

Appendix B to HD–119

Draft Letter to the Germans Regarding the Signature of the Protocol

To: Baron von Lersner.

As the Protocol of November 1st7 has been signed by the qualified representative of the German Government, and the ratifications of the Treaty of Versailles deposited, in consequence, the Allied and Associated Powers wish to assure the German Government again that although they claimed necessary reparations for the scuttling of the German Fleet at Scapa Flow, they do not wish to injure Germany’s vital economic interests. By the present letter they confirm the declarations which the Secretary-General of the Peace Conference was directed to make, verbally, on this point, December 23, to the President of the German Delegation. These declarations were as follows:

1.
—The Secretary-General was authorized by the Supreme Council to assure the German Delegation that the Interallied Commissions of Control and the Reparations Commission would act scrupulously in conformity with the assurances contained in the note of December 8, concerning the safeguard of Germany’s vital economic interests.
2.
—As the experts of the Allied and Associated Powers are inclined to believe that part of the data upon which they based their demand for 400,000 tons of floating docks, floating cranes, tugs and dredges may have been inaccurate in certain minor details, they think a mistake may have been made as to the 80,000 tons of floating docks in Hamburg. If the investigation to be conducted by the Interallied Commission of Control proves that an error has really been made, the Allied and Associated Powers will be disposed to reduce their claim proportionately, so as to bring the quantity down to 300,000 tons, in round figures, or even lower, if convincing arguments prove that this is necessary. But absolute facilities must be granted qualified representatives of the Allied and Associated Powers to make all necessary investigations, in view of verifying the German assertions, before any reductions of the original demands of the Protocol can be made by the Allied and Associated Powers.
3.
—The Allied and Associated Governments, referring to the last paragraph of the memorandum containing their reply, do not consider that the scuttling of the German ships at Scapa Flow constitutes a crime of war for which individual penalties should be demanded, according to Article 228 of the Peace Treaty.

The Allied and Associated Powers, without losing sight of the vital economic interests of Germany, requested 400,000 tons on the [Page 714] basis of the inventory made by them, according to which Germany had, on November 1, a total tonnage of . . . . . tons. The German experts made a statement, to be verified, which sets forth an inferior amount of tonnage . . . . . . . tons. Consequently, from the 400,000 tons claimed by the Allies will be deducted eventually the difference between the first figures and the second, or rather that actually found upon investigation.

The Allied and Associated Powers add that the 192,000 tons offered by the German Government must be delivered immediately. For the remainder of the tonnage as determined by the Reparation Commission, a time limit of not more than two years will be granted the German Government for full delivery.

Please accept, etc.

Appendix C to HD–119

Note To Be Submitted to the Supreme Council by the British Delegation

“The question has been raised whether [upon?] the coming into force of the Treaty of Peace with Germany and the Rhineland Agreement, the jurisdiction of the Rhineland High Commission will extend to that portion of the occupied territory which is in occupation by the United States troops.

“In the opinion of the British Government the answer must be in the affirmative. There is nothing in the Rhineland Agreement about the different zones of occupation, which have been established by an internal arrangement between the Allied and Associated Powers concerned. As the Agreement comes into force in the same way as the Treaty of Peace and as the view of the Allied and Associated Powers is that the rights of those Powers under the Treaty are not affected by the fact that it has not at the moment been ratified by the United States, it follows that the Rhineland Agreement will come into force for the whole of the occupied territory, although the United States will not be in a position to avail themselves of the provisions of the Agreement until they have ratified. It will result that the High Commission, though officially without an American Representative, will, on the coming into force of the Agreement, enjoy the jurisdiction conferred by it over the whole of the occupied territory. Arrangements will no doubt be necessary between the Allied and Associated Powers, on the assumption that the U. S. troops will remain in occupation, for the practical working of the situation thus created; as against the Germans it would appear that the rights of the U. S. troops to remain in occupation can only be derived from the terms of the Armistice, but so far as the jurisdiction [Page 715] over the whole of the occupied territory is concerned, the Armistice will be superseded by the Rhineland Agreement as soon as the latter comes into force.

“If the above view commends itself to the Supreme Council, the British Government would suggest that the Council should pronounce a decision to this effect.”

Appendix D to HD–119

president of the
german peace delegation

No. 23

From: The German Delegation.

To: The President of the Conference.

Subject: Passports for Inhabitants of Schleswig residing in occupied territory.

The German passport section in occupied Rhineland territory asked, by a note dated September 29, the High Command of the 4th Zone, at Mayence, that persons in the occupied territory, residents of Schleswig, be granted facilities to leave in order to take part in the plebiscite.

The High Command replied to this note by referring to Article 109 of the Treaty of Peace:

“Only the inhabitants of Schleswig who were born in the zone where the plebiscite is taken, or have been domiciled there since a date before January 1, 1900, or were expelled by the German authorities without having a domicile there” are allowed the right to vote. I consider, under those circumstances, that your request should be regarded as not having been made. The Lt. General Commanding: Michel.

Appendix E to HD–119

Note From the Drafting Committee Regarding the Right To Vote in the Plebiscite Zone in Schleswig

From: The Drafting Committee.

To: The General Secretariat.

The Right To Vote in Schleswig

(Reply to the Note of December 23, 1919)

In providing in Article 109 that the “population domiciled in the territories” of Schleswig would be “called upon to pronounce by a vote”, the Treaty laid down the principle of a plebiscite and not the [Page 716] definition of the people having the right to vote. On the other hand, by adding “a vote”, which will be taken “under the following conditions” … 2.—the right of vote shall be given etc.,” the Treaty determined which persons would have the right to vote.

It is, however, clearly provided that in this respect the right to vote depends on: birth in the territory or domicile, or expulsion.

The right to vote, therefore, could not be refused to persons fulfilling one or the other of those conditions. Particularly persons born in Schleswig but domiciled outside these territories, may, according to the Treaty, claim the right to vote.

For the Drafting Committee:
Henry Fromageot

Appendix F to HD–119

Note From the Commission on Air Clauses With Draft Instructions for the Inter-Allied Air Commission of Control in Berlin

commission on air clauses of the peace treaty

From: Gen. Duval, president of the Commission on Air Clauses.

To: The Secretary General of the Peace Conference.

I have the honor to send to you, in order to be submitted to the Supreme Council of the Peace Conference, a draft of instructions to be sent to General Mastermann, President of the Interallied Air Commission of Control in Berlin.

This draft of instructions, adopted by the Commission on Air Clauses has been read and corrected by the drafting Committee of the Peace Conference.

Draft of Instructions To Be Sent to General Mastermann, President of the Interallied Air Commission of Control in Germany

I remind you that the air material referred to in Art. 27 and 28 of the Armistice Convention of Nov. 11, 1918,8 has been the subject of an inventory, as far as the material existing at the beginning of 1919 is concerned, in the naval bases recognized by the German authorities, according to the telegram from Admiral Goette, dated March 27, 1919, as bases for the collection and storage of material.

Therefore, it will be incumbent upon you, as soon as the Peace Treaty goes into force, to require the delivery of this material, a list [Page 717] of which appears in the report of the Air Section of the Interallied Naval Armistice Commission. (ANAC).

Appendix G to HD–119

delegation of the serbcroat-slovene kingdom
to the peace conference

4, rue de Presbourg.

From: Pachitch.

To: Clemenceau.

In my note of November 27th last, and in the Memorandum annexed thereto, (Annex “D”), I had the honor to insist that the question concerning the properties, rights and interests of the Hungarian nationals located on transferred territories, be settled in the Peace Treaty with Hungary on a basis of the same principles admitted in the Peace Treaty with Germany; principles which to a certain extent are common law in such matters.

The importance which this question presents for us obliges me to again take the matter up by submitting certain considerations which were not sufficiently set forth in our preceding memorandum. These points are of a nature to exercise an important influence in the adoption of a solution relative to the measures which should be applied concerning the properties of Hungarian nationals who will remain within the boundaries of our State.

During the occupation of Serbia which, as is known, lasted more than three years, the Budapest Government maintained the high hand in the administration of our State, which was considered, according to the ideas reigning at that time in the relations between Vienna and Budapest, as being within its sphere of influence.

The Hungarian Government has never failed to use this exceptional “de facto” situation in obtaining an advantageous regulation of the conditions of the domestic laws existing between her nationals and Serbian subjects at the time of the declaration of war.

Although, at the time of the invasion of the country, there existed a law in Serbia proroguing all matured paper, the Austro-Hungarian General Government at Belgrade, immediately after its installation, caused the repeal of these legal provisions, in violation of the Convention of the Hague,9 and replaced them by a decree declaring all Austro-Hungarian credits in Serbia redeemable at once. A special organization was created at once by the General Government and the collection of all these credits instituted, without regard for absent, [Page 718] mobilized debtors. Naturally, there was no hesitation in applying a forced execution of these measures with the result that the property of Serbian debtors was sold at an excessively low price by public auction. Of course, the sequester placed on the possessions of Austro-Hungarian nationals in Serbia was immediately raised and they were reinstated in all their rights.

Consequent to that condition of affairs, the situation in Serbia in 1919 with relation to Hungary, relative to property, rights and interests, is as follows:

Hungary has collected all her credits from the Serbian nationals, and her own subjects have been reinstated and are in possession of all their seized property (there are scarcely any Hungarian structures in Serbia). We are, therefore, in our relations with Hungary, relative to domestic law, in a very unfavorable position. We are deprived of a pledge which the Allies qualified as “essential” (Reply of the Allied and Associated Powers to the Remarks of the German Delegation, page 51)10 for the recovery of their credits from the enemy, and for the payment of the indemnities due Allied nationals, as a result of the application of exceptional war measures and provisions concerning the possessions, rights and interests of our nationals in Hungary.

The only way left by which we may reestablish the situation and repair the detrimental consequences of the arbitrary measures of the Hungarian Government in Serbia can only be realized by the insertion of provisions relative to the possessions, rights and interests of nationals, in the Peace Treaty with Hungary similar to those which were inserted in the Peace Treaty with Germany. This measure would not constitute a privilege in our favor, and we do not ask for any advantage other than those recognized to our Allies in their relations with Germany. What we claim is simply the application of common law, and the maintenance of the same principles which were admitted in settling the same question in the Peace Treaty with Germany.

The derogation admitted, to the advantage of Austria, in Article 267 of the Peace Treaty of Saint-Germain, has already caused us considerable injury. But we understood the gravity of the motives which provoked the adoption of that exceptional measure by our Allies and we kept silent in face of the superior interests to which our pledge was sacrificed. However, it is unnecessary to extend that measure in favor of Hungary, that is: to have it apply in a case concerning which the motives invoked for Austria have no application. Such a provision would be absolutely unjustified, and would cause us an extremely prejudicial injury in every respect.

[Page 719]

With confidence in the high spirit of justice of our Allies, we feel certain that they will protect our interests and we are firmly convinced, after examination of the reasons above presented, our claim will be accorded favorable consideration.

Please accept, etc.

[No signature on file copy]

Appendix H to HD–119

ministry of commerce,
industry, postal and
telegraphic service

french republic
cabinet of the minister

No. 334

From: The Secretary General of the Economic Commission.

To: The Ambassador of France, Secretary Gen’l of the Peace Conference.

The Economic Commission has examined, in detail, the Serbian note under date of December 12,11 treating the interdiction to liquidate Hungarian property in the territories transferred to the Serb-Croat-Slovene State.

The Commission esteems that, by the application of the Articles of Part X of the Peace Treaty, especially those having reference to the prejudices caused by decisions rendered in cases of property, rights and interests, without the party concerned having an opportunity to offer any defense, the cases indicated by the Serb-Croat-Slovene Delegation, treating the actions of the Hungarian authorities relative to the recovery of the Hungarian credits during the occupation of Serbia, justify the Serbian Government in demanding an indemnity from the Hungarian Government.

The Economic Commission was uncertain as to whether, in order to permit the Serbian Government to reimburse its nationals for the damages caused by the above mentioned acts, it would be advisable to authorize a liquidation of Hungarian property in new Serbia. The commission recognized, however, that even if this authorization were accorded to the Serbian Government, the Government might be unable to employ the proceeds of the liquidation as a reparation of the damages in question, since by the terms of Article 297 of the Treaty with Germany (249 of the Treaty with Austria) the proceeds of the liquidation can be levied upon only for indemnities relative to the properties or credits of Serbians in Hungary.

[Page 720]

However, the Economic Commission esteemed that, by a slight revision of Article 260 of the Treaty with Germany (211 of the Treaty with Austria) it would be possible to meet the serious objection presented by the Serb-Croat-Slovene Delegation, without infringing on the general system which rules in the Treaties with Austria, Hungary, and Bulgaria concerning enemy property in transferred territory.

The Serb-Croat-Slovene Delegation specified, in demanding the liquidation of Hungarian property in the transferred Hungarian territories, that an interdiction to permit the liquidation would maintain, within the territories which the former Empire recognized as of Hungarian influence, the economic superiority of Hungary as beneficiary, not only of the most of the public concessions, (transportation means, canals, lighting, etc.) but also of the majorats which afford certain Hungarian subjects with an important economic influence over vast domains and seigneurial rights, which might entail difficulties of an administrative or political nature.

The Economic Commission esteemed that it was impossible to not recognize the argument presented by the Serb-Croat-Slovene Delegation, and is of the opinion that satisfaction might be accorded Serbia by a sufficiently extensive application of Article 260 of the Treaty of Versailles (211 of the Treaty of Saint-Germain), which provides that in the transferred territories, the Reparation Commission may, within a period of one year after the entry into force of the Treaty, demand that the enemy State acquire full rights or interests for its nationals in all enterprises of public utility, or in all concessions. With special reference to the question of majorats, the Economic Commission is of the opinion that mention of the majorats be inserted in the Article above referred to in the Treaty with Hungary, under the form “demand that Hungary acquire full rights or interests for her nationals in all enterprises of public utility, or in all concessions, as well as in all majorats, etc. …”

In order that, on one hand, the regime adopted concerning enemy property situated in transferred territory be not infringed on, and on the other hand, equitable guarantees be assured the Serb-Croat-Slovene State against a danger which cannot be disregarded, it will be advisable after having introduced the revision proposed by the Economic Commission in Article 260 of the Treaty of Versailles (211 of the Treaty of Saint-Germain) that the Supreme Council indicate to the Reparation Commission that an extended application of this Article is to be anticipated regarding the Hungarian territories transferred to the Serb-Croat-Slovene State.

D. Serruys
  1. Appendix O to HD–80, vol. viii, p. 865.
  2. HD–117, minute 2, p. 670.
  3. HD–118, minute 4, p. 690.
  4. HD–65, minute 8, vol. viii, p. 491.
  5. HD–111, minute 4, p. 561.
  6. Appendix C to HD–80, vol. viii, p. 865.
  7. Appendix C to HD–80, vol. viii, p. 865.
  8. Vol. ii, p. 1.
  9. Convention Respecting the Laws and Customs of War on Land, signed October 18, 1907, Foreign Relations, 1907, pt. 2, p. 1204.
  10. Vol. vi, pp. 926, 983.
  11. Appendix G, supra.