Office of the Historian

Paris Peace Conf. 185.1/41

The Diplomatic Secretary of the Commission to Negotiate Peace (Harrison) to Mr. Henry White

[Paris,] March 25, 1919.

Dear Mr. White: Mr. Lansing has directed me to deliver the attached skeleton draft of the Treaty of Peace with Germany.

An original copy of this document was handed to Dr. Scott by Mr. Hurst of the British Delegation. Dr. Scott and Mr. Hurst have gone over the draft together.

Very respectfully,

Leland Harrison
[Enclosure]

treaty of peace with germany

Memorandum

The following suggestions are submitted with regard to the form and nature of the forthcoming Treaty of Peace with Germany.

War, i. e. the state of belligerency, cannot be brought to an end more than once. If the forthcoming treaty is to enable the transition of the Allied countries to a peace footing to be carried through, and demobilization to be completed, it should put an end to the state of war.

Demobilization may deprive the Allied Powers of the power to apply [Page 533] further coercion to Germany, consequently reference should be made in the forthcoming treaty to all matters affecting the enemy Powers for which provision is to be made in the Peace Settlement. Matters which have been worked out in detail can be dealt with in detail in the treaty. Matters which have not by then been worked out in detail should be provided for by imposing upon the enemy acceptance of the principle agreed upon by the Allies and by stipulating that the principle is to be worked out in detail after the treaty has been signed.

Subjects which can only be dealt with in principle in the first treaty will probably be fairly numerous, and it will be convenient that the documents containing the detailed arrangements which may be come to for carrying the principle into effect should ultimately be collected and annexed to some second treaty or convention to be signed by all the parties.

Questions which are purely inter-allied need not be included in the forthcoming treaty. This will give the Allies more time to arrange matters between themselves. In practice it will probably be found convenient to make the settlement with the enemy comprehensive, and to include in it the arrangements to which the enemy must be a party and also those which it is convenient that he should have no locus standi for contesting afterwards.

If the above suggestions are approved there is no need to call the forthcoming treaty the Preliminary Treaty of Peace as there will only be one. Peace will have been made once and for all. The second instrument to which the detailed arrangements are annexed can be called the Final Act.

So far as one can judge at present, if the plan outlined above were adopted, the treaty of peace with Germany might be arranged as follows:—

Analysis

Part I. Political.

Termination of the State of War.

A.
Cession of Territory, and arrangements consequential on each cession such as financial adjustments.
1.
Alsace Lorraine
including Saar Coalfields.
2.
Left Bank of Rhine
including prohibition of fortifications.
3.
Abrogation of Customs Union with Luxembourg and other
Luxembourg questions.
4.
Malmedy and Moresnet.
5.
Schleswig.
6.
Heligoland and Dune
including questions as to future of fortifications.
7.
Poland.
8.
Memel.
9.
Rectification of Bohemian frontier.
10.
South West Africa.
11.
East Africa, Cameroons and Togoland.
12.
Islands North of the Equator.
13.
New Guinea and other islands South of the Equator.
14.
Samoa.
15.
Kiaochao.
16.
Shantung, German rights in,
? Opium Convention, see VI. 11.
17.
Waiver of German rights in Morocco.
B.
Recognition of new States which receive no German Territory.
(Probably no need to mention these specifically.)
C.
Russian Section.
  • Renunciation of all rights under Brest-Litovsk treaties.
  • Renunciation of all rights under Treaty of Bucharest.
  • Recognition of all arrangements made by Allied and Associated Governments with reference to previous Russian territory, including special agreements with new States.
D.
Turkish Section.
1.
Assignment to Allies of right to repayment of German loans to Turkey.
2.
Agreement by Allies to induce Turkey to waive right to pay for German imports in Turkish paper at fixed rate.
3.
Turkish gold to be handed over for currency purposes and German obligation to send gold to Turkey maintained.
4.
Consent to abolition of Ottoman Council of Debt.
5.
Surrender of Turks hiding in Germany with their property.
6.
Renunciation of rights resulting from treaties made since August 1st, 1914 in territories to be ceded by Turkey.
7.
Undertaking to be bound by terms of Treaty of Peace with Turkey.
8.
Recognition of British protectorate over Egypt and renunciation of extraterritorial privileges and recognition of transfer to H. M. G. of Sultan’s rights under Suez Canal Convention.
E.
  • 1. Acceptance by Germany of Arms Convention.
  • 2. Waiver of rights under Berlin and Brussels Acts and acceptance if desired of new instrument to replace them.
  • 3. Acceptance of new régime replacing Treaty of 1839 as to Belgium.
  • 4. Opening of Kiel Canal to ships of all nations.
  • 5. Special arrangements for control of Rhine, Oder, Vistula, Niemen, Elbe.
  • 6. Rhine—Danube Canal.
  • 7. St. Gotthard Railway.
  • 8. Acceptance of new arrangements as to European Commission of Danube.
  • 9. Other political multilateral treaties; acceptance of abrogation (if so desired by Allies).
  • 10. Waiver of all pre-war claims against Allied and Associated Powers on behalf of either Government or individuals.
  • 11. Acceptance of all Allied Prize Court decisions and orders, including orders for the payment of costs.

Part II. League of Nations.

Undertaking by Germany to join League when invited and to enter into no international engagement inconsistent with it.

Part III.

A.
Military Terms,
(excluding those placed in other sections).
B.
Naval Terms,
(excluding those placed in other sections).
C.
Air Terms.
D.
Questions as to Restoration of Prisoners of War and interned persons.
E.
Waiver of all claims on behalf of Prisoners of War and interned persons.

Part IV. Reparation.

Return of works of art from Turkey and also of relics, etc. removed by Turks from Medina and handed over to Germany.

Return of objects of native veneration removed from German East Africa.

Part V. Breaches of the Laws of War.

Demand and surrender of Individuals.

Creation of Court.

Jurisdiction and procedure.

Punishment of offenders.

Part VI. Economic.

1.
Settlement of pre-war private debts:
—scheme of a clearing house—.
2.
Regulation of pre-war Contracts between Allied and enemy individuals, including non-application of Statutes of Limitations.
3.
Settlement of claims arising out of businesses, etc., liquidated, sold, etc.
4.
Revival of Economic Treaties.
5.
Provisions as to Industrial Property. (Patents, Trademarks, etc., etc.).
6.
Provisions as to Freedom of Transit.
7.
Provisions as to international use of Railways, Ports and Waterways, if of general application.
8.
Acceptance of the draft commercial clauses (Economic Section’s Draft A. of March 6, 1919.)
9.
Enforcement of Customs Control (if necessary).
10.
Undertaking to adhere to Labour Convention when invited.
11.
Undertaking to ratify and enforce the Opium Convention.