711.62119/26: Telegram

The Secretary of State to the Commissioner at Berlin (Dresel)

1350. Your 650, August 6, 6 p.m.

Communicate with Rosen respecting points mentioned in your telegram in the following sense:

1.
Proposed treaty neither expressly nor by implication involves any disregard of German treaty rights. Each provision of treaty must of course be construed in the light of its context, and any assertion thereunder of rights by the United States must necessarily be consistent with Germany’s rights under such provision. However, if German Government continues to press strongly for some provision on this point, Department would be willing to add to subparagraph (1) of Article II the following: “The United States, in availing itself of the rights and advantages stipulated in the provisions of that Treaty mentioned in this paragraph, will do so in a manner consistent with the rights accorded to Germany under such provisions.”
2.
Your position as to Part XIII is approved, and there appears to be no reason for further discussion of that Part. Participation or nonparticipation of this Government in that part of Treaty of Versailles would not affect German rights relating thereto.
3.
Cannot consent to any interpretations being written into treaty. There is no reason why United States should stand in a position different from that of any other Power in this respect.
4.
I consider unnecessary and wholly inadvisable inclusion of provisions in treaty relating either to future negotiations or to diplomatic and consular relations. On consummation of treaty this Government will be prepared to restore relations.
5.
Rosen evidently attaches too much importance to sub-paragraph (5) of Article II. You may say positively that it was not intended that this paragraph should apply to the period fixed by Article 428, and if a collateral formal declaration is desired to that effect, you can make it. It is not deemed advisable to redraft the paragraph, as more specific statement is impracticable. Department had in mind provisions with respect to acts or election on the part of the United States where time would be important under provisions such as are [Page 15] contained in sub-paragraph (e), Article 296,9 relating to clearing house plan, and paragraph (a), Article 304,9 relating to Mixed Arbitral Tribunal. As periods of time provided for by these provisions have not been fixed by ratification on the part of the United States, they should be fixed now by agreement.

Hughes
  1. Of the Treaty of Versailles.
  2. Of the Treaty of Versailles.