Full text of "Treaty of Versailles;". See other formats. ft7 K58 opy 1 7 K58 py 1 TREATY OF VERSAILLES SPEECH OF HON. PHILANDER CHASE KNOX. The harsh terms imposed by the Versailles Treaty that ended World War I soon wrecked In accordance with Germany's pledges, already given, as to complete. Download full-text PDF. The Treaty of V The treaty of Versailles can be distributed into three fragment causes and effects,. which they are.
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Treaty and protocol signed at Versailles June 28, ; protocol signed by Germany at Paris (text of treaty); S. Doc. 50, 66th Cong., 1st sess. . The original Members of the League of Nations shall be those of the. Signatories which are. The Treaty of Peace between the Allied Powers and Germany. [Extract: The original Members of the League of Nations shall be those of the Signatories. Signed at Versailles (France) on 28 June ; came into force on 10 treaty was never ratified by the U.S. Senate: see the Treaty of Peace.
This payment is to be considered restoration. I have not sought to propound or establish any thesis beyond this: It is stipulated that all investments, wheresoever affected with the cash assets of nationals of the high contract- ing parties, including companies and associations in which such nationals were interested, by persons responsible for the administration of enemy properties or having control over such administration, or by order of such persons, or of any authority whatsoever, shall be annulled. But, Mr. Of the remaining 15 States, 3 are Asiatic— Siam, China — who has the sole dis- tinction of being robbed by her allies — and the Hedjaz — like- wise with undefined boundaries and, as to the treaty, unlocated. Now, as to the bill against Germany.
It may seem I am unsympa- thetic, unmindful, and forgetful of wrongs and injuries, un- moved by suffering and grief. I am none of these. I am trying to point out how France herself might escape further and more overwhelming wrong, suffering, and grief. For as certain as the sun rises, if we follow the road in which this treaty sets our feet, France and ourselves shall meet those on the way. The treaty of peace is divided into 15 parts.
All of them deal with territorial adjustments, penalties, and indemnities of the war except Part I — containing the covenant of the league of nations — and Part XIII, labor — providing for an international — 15 labor organization. The other parts are, in their order: It is of course impossible to give even a detailed summary of a volume of some eighty thousand odd words, doubtless the longest treaty in history. But I shall also aim to give a pic- ture of certain general features to which I wish to invite special attention.
By this treaty Germany cedes outright portions of her Euro- pean territory to Belgium ; to France, a recession of Alsace- Lorraine; to Poland; to the Czecho-Slovak State; and to the principal allied and associated powers, including the United States, who get unconditionally Mem el — a small strip of terri- tory in the extreme northeastern tip of Germany — and the free city of Danzig with its adjacent territory, to be placed under the protection of the league of nations.
Germany also cedes, con- tingent upon the wishes of the people in the area affected as ex- pressed by a vote, further portions of her territory to Belgium, to Poland, and to the allied and associated powers, who thus take Schleswig with an obligation at some time to hand it over to Denmark if the people so vote.
The Czecho-Slovak State se- cures a further bit of territory if a determination of the Polish frontier should isolate it from Germany; and the league of nations takes as trustee the Saar Basin, which shall be governed, however, by a commission appointed, not by the league but by the council of the league, pending the plebiscite of 15 years hence.
Thus the United States becomes the owner in fee of a tenant in common of European territory and a trustee as to other territory. For this territory so ceded nobody pays Germany anything, nor is any credit allowed Germany for it on her reparation account, to which I shall shortly refer. However, all cessionary powers, except France and the league of nations as to the — 16 Saar Basin, assume that portion of the imperial and State debt attaching to the ceded area — fixed, stated roughly, upon the basis of the prewar revenue of the area to the prewar total imperial and State revenue, respectively.
The imperial and State property in all these areas, including the private property of the former German Emperor and other royal personages, is turned over to the cessionary of the area, who must pay the value of the same to reparation commission, which places the same to the credit of Germany on the repara- tion account.
This does not apply to France, who takes such property in Alsace-Lorraine without payment, nor to Belgium, nor to the Saar Basin. Germany cedes all her overseas possessions in fee simple to the allied and associated powers, who do not assume the debts and who take all the property, without any compensation whatever running to Germany, either for the territory ceded or for the actual property taken.
It may be noted in passing that certain of these island possessions form a barrier ring to access to the Philippines, and their possession by any other power other than ourselves is big with potential troubles for us.
Germany cedes also, without compensation of any sort or de- scription, her extraterritorial and analogous rights in Siam, Morocco, Egypt, and Samoa, and recognizes the French pro- tectorate in Morocco and the British protectorate in Egypt. The imperial and State property in these areas go to the cessionaries without compensation.
The same is true of such property located in and ceded to China. Germany's rights in Shantung — 17 and German property also are ceded to Japan " free and clear of air charges and encumbrances. Moreover, she loses the efforts of a generation to provide an outlet for her rapidly increasing surplus population, which now must and will find expanding room elsewhere.
To this situation is added a re- striction of Germany's European area, which would have taken care of a part of this expansion. The indemnities provided by the treaty may be classed roughly into two divisions: There can, of course, be no question as to the propriety of com- pelling Germany to disgorge the loot which she seized and which she still has, nor in requiring her to replace that which she seized and has since consumed or otherwise used or destroyed.
No matter what this may mean to Germany, no matter how it may leave her, this must be done. The thief must not be heard to plead necessity for the article he stole nor inconvenience from restoring it. This is the most elemental justice and the whole- somest morality. Thus far we move on solid ground. But when we get away from and go beyond this, it behooves ns to proceed with care, lest we go beyond the bounds of wise statesmanship and, in the homely adage, kill the goose that we expect to lay the golden eggs.
But the treaty edges in on the perfectly proper theory of restitution by a theory designated as replacement, which places Germany under rather startling obligations. She is first made i:: Germany cedes to the allied and asso- ciated powers, on behalf of herself and of all other parties in- terested, all German merchant ships which are of 1, tons gross and upward.
Included in these will doubtless be the 32 aux- iliary cruisers and fleet auxiliary — named in another part of the treaty — which are to be disarmed and treated as merchant ships.
In addition to the foregoing, Germany further cedes one-half, reckoned in tonnage, of the ships which are between 1, tons and 1, tons gross ; one-quarter, reckoned in ton- nage, of the steam trawlers ; and one-quarter, reckoned in ton- nage, of the other fishing boats. All the foregoing must be de- livered to the reparation commission within two months of the coming into force of the present treaty. Thus, we take practically all of Germany's means of conduct- ing commerce through her own vessels with overseas countries, of whom we are the farthest away and of which we shall stand most in need, for it is an open secret that before the war the German shipping was the peer at least of any shipping in the world.
But the treaty goes further than this and compels Germany to lay down in her own shipyards a maximum of , tons of shipping for each of the next five years — approximately half, I am told, of her shipbuilding capacity — and our representatives, the reparation commission, determine the specifications, con- ditions of building, price to be paid — by giving credit against the reparation bill the commission will make up — and all other questions relating to the accounting, building, and delivery of the ships.
Thus, for a number of years at least, we have pretty effectively barred German vessels from the seas. This would, of course, cover boats purchased by Germans for full value, transactions that might have been car- ried out through neutrals. Nor is this all. With a view to making good the loss of the allied and associated powers in inland-navigation tonnage which can not be made good by the restitution already recited, Ger- many agrees to cede to the reparation commission a portion of her river fleet up to the amount of the loss mentioned to a maximum extent of 20 per cent of the river fleet as it existed November 11, As to all the foregoing ocean-going and inland-navigation vessels, Germany agrees to take any measures indicated to her by the reparation commission for obtaining the full title to the property in all ships which have during the war been trans- ferred, or are in process of transfer, to neutral flags without the consent of the allied and associated Governments.
She waives all claims against the allied or associated powers for the detention, employment, loss, or dam- age of any German ships, except as called for by the armistice agreement ; all claims to vessels or cargoes sunk by naval action, and subsequently salved, in which the nationals of the allied and associated powers or the powers themselves may be interested either as owners, charterers, insurers, or otherwise, notwith- standing any decree of condemnation which may have been made by a prize court of Germany or her allies.
But I am compelled to note still further shipping deliveries. The treaty obliges Germany to cede to France tugs and vessels from among those remaining registered in German Bhine ports — after the above deductions — to an amount fixed not by the treaty even in maximum but by an arbitrator appointed by the United States.
Similarly and under like conditions, tugs and vessels to aa unnamed amount must be transferred to the allied and asso- ciated powers from those used on the river systems of the Elbe, the Oder, the Niemen, and the Danube ; and, in addition, Ger- many must cede material of all kinds necessary for the utiliza- tion of these river systems by the allied and associated powers concerned, France also gets all installations, berthing and anchorage accommodations, platforms, docks, warehouses, plants, and so forth, which German subjects or German companies owned on August 1, , in Rotterdam, and the shares or interests pos- sessed by such nationals or companies therein.
Thus seemingly under a theory of replacement the treaty likewise strips Germany of much of her inland shipping. The effect of all this upon Germany's future and upon her ability to meet the other requirements of this treaty are well worthy of deep and mature reflection.
But drastic and possibly ruinous as all this is, it yet is but the beginning. The next inroad on the doctrine of restitution is made under the name of physical restoration. Germany undertakes to devote her economic resources directly to the physical restora- tion of the invaded areas of the allied and associated powers to the extent that these powers may determine.
Under this pro- vision the allied and associated governments may list the ani- mals, machinery, equipment, tools, and like articles of a com- mercial character, which have been seized, consumed, or de- stroyed by Germany or destroyed in direct consequence of mili- tary operations — this would include military operations by the allied and associated powers themselves — which such powers urgently and immediately need and which they desire to have replaced by animals and articles of the same nature, in being in Germany at the coming into force of this treaty.
As an immediate advance of animals on this account. Ger- many must within three months deliver to France 30, — 21 horses, 92, cattle, , sheep, and 10, goats ; and to Bel- gium 10, horses, 92, cattle, 20, sheep, and 15, sows. As to such animals, machinery, equipment, tools, and like articles of a commercial character, the reparation commission in decid- ing the amount which shall ultimately be given by Germany must take into consideration German's needs, having in mind the maintenance of German's social and economic life and the gen- eral interest of the allied and associated powers that the indus- trial life of Germany shall not be so impaired as adversely to affect Germany's ability to perform the other acts of reparation called for.
It is, however, provided that of machinery, tools, equipment, and like commercial articles a maximum of 30 per cent may be taken of the quantity actually in use in any one establishment. Similar lists, subject to the same regulations may be made by the allied and associated powers of reconstruction materials — stones, bricks, refractory bricks, tiles, wood, window glass, steel, lime, cement, and so forth — machinery, heating appara- tus, and like commercial articles which the powers may desire to have produced in Germany.
In addition to the foregoing and of like character is the obli- gation of Germany to furnish coal to France at France's op- tion, up to a maximum of 20,, tons for each of the first five years and 8,, tons for any one of the succeeding five years ; to Belgium, at her option, 8,, tons per year for 10 years ; to Italy, at her option, amounts beginning at 4,, tons for the first year and increasing to 8,, tons for the last six years ; and to Luxembourg, her annual prewar supply, if the reparation commission so directs ; a possible total of 32,- , to 35,, tons for the first five years and of 25,- , tons for the next five years.
At the option of the vendees, metallurgical coke instead of coal must be deliv- ered at fixed ratios. In this category also is to be placed the German obligation to deliver to France for the next three succes- sive years some , tons of coal distillation products, and to the reparation commission 50 per cent of the total dye stuffs and chemical drugs in Germany or under German control at the date of the coming into force of the present treaty.
But we come now to an item which is not to be accounted for as restitution, as replacement, or physical restoration.
I refer to the cession by Germany on her own behalf and on be- half of her nationals of her submarine cables. By this act the treaty takes from Germany all direct telegraph relations with overseas countries. As a final entry under this general head I wish to observe that, speaking generally, Germany also cedes to the States which secure portions of her territory all railways situated therein, and I find in the treaty no positive provision for the payment therefor by anyone.
This cession carries with it the works and installations; the rolling stock, complete where a ceded road has its own stock, in a normal state of upkeep, and where a ceded road has no rolling stock of its own, then rolling stock from German lines with which the ceded por- tion forms a system; and stocks of stores, fittings, and plants. And while on this point I may add that Germany must build for Czechoslovakia a designated railroad if that State so elects, at the latter's cost, and must build for Belgium the German portion of a deep-draft Rhine-Meuse navigable water- way at her own cost, seemingly, if Belgium decides the canal should be built.
Now, as to the bill against Germany. Germany is made to admit as a basis of her liability, the responsibility for herself, and for all her allies, for causing all the loss and damage to which the allied and associated Governments and their na- tionals have been subjected as a consequence of the war. The allied and associated powers, recognizing the burden thus stated is too heavy for German resources to bear " after taking into account permanent diminution of such resources which will result from other provisions of the present treaty," require, and she so undertakes, that Germany make compen- sation for all damage done to the civilian population of the allied and associated powers and to their property during the — 23 period of belligerency of each as an allied or associated power, by land, by sea, and by air.
The reparation commission is to find one bill against Ger- many for this damage, the elements of which are of such im- portance that I feel I ought to cover them in some detail.
They are as follows: Damage to injured persons and to surviving dependents by personal injury to or death of civilians caused by acts of war, including all attacks on land, on sea, or in the air, and all the direct consequences thereof, and of all operations of war by the two groups of belligerents wherever arising. Damage to civilian persons, caused by Germany or her allies, by acts of cruelty, violence, or maltreatment — in- cluding injuries to life or health as a consequence of im- prisonment, deportation, internment, or evacuation, of exposure at sea or of being forced to labor— wherever arising, and to the surviving dependents of such victims.
Damage to civilian persons injured either in German territory or invaded terri- tory, caused by Germany or her allies by acts injurious to health or capacity to work or to honor, as well as to their surviving dependents. Damage caused by any kind of maltreatment of prisoners of war. As damages, the pensions and com- pensations in the nature of pensions to naval and military — including members of the air force — victims, whether muti- lated, wounded, sick or invalided, and to the dependents of such victims, sums so due to be capitalized on the basis of the French scale in force on the coming into effect of the pres- ent treaty.
The cost of assistance extended to prisoners of war and their families. Allowances by the Governments of the Allies and associated powers to the families and depend- ents of mobilized persons or persons serving in the forces, the sum to be paid to be capitalized on the basis of the French scale in force during the year the payment was made.
Damage to civilians by being forced by Germany or her allies to work without just remuneration. Damage to all prop- erty, wherever situated belonging to any of the allied or as- sociated States or their nationals, with the exception of naval or military works or materials, which has been carried off, seized, injured, or destroyed by the acts of Germany or her — Damages in the form of levies, fines, and other similar exac- tions imposed by Germany or her allies upon the civil popula- tion.
It is admitted that certain of these damage rules violate the principles of international law as hitherto recognized and ob- served by the family of nations. The reason why we as well as the enemy should discard such benign principles as have been worked out by the nations in the last centuries is not clear. In the first place, Germany agrees, in addition to the sum named, to pay Belgium's debt to the Allies and associated powers, whatever the debt may be. This payment is to be considered restoration.
Moreover, it is provided that " further issues [of bonds] by way of acknowledgment and security may be required as the [reparation] commission subsequently determined from time to time. I may here also correct another impression that has gone out, namely, that somehow the reparation commission can re- duce the amounts to be paid by Germany, if they decide such a course is wise and just.
Now, the reparation commission is made up of representatives of the United States, Great Britain, France, and Italy, who always sit at its sessions, and the repre- sentatives of one other power, either Belgium, Japan, or the S— 19S02 25 Serb-Croat-Slovene State.
While each other allied and asso-. This commission decides the amount of the claims against Germany by a majority vote — that is to say, the representatives of Great Britain, France, and Italy, or Belgium, or Japan, or the Serb- Croat-Slovene State, any three of them — may fix the amount of this indemnity.
But a decision to cancel the whole or any part of the German debt or obligation requires a unanimous vote of all of them sitting, and before this decision can become operative the commission must have the specific authority of the several Governments represented on the commission.
In other words, unless the four great powers and Belgium or Japan or the Serb-Croat-Slovene State unanimously so agree, the claims once fixed by a majority of the commission can not be abated one penny, except by the consent of all the powers represented on the coniuiission. Moreover, the commission is closely limited even as to the postponement of total or partial reparation pay- ments, for all such postponements beyond of payments falling due between May 1, , and the end of , and of any postponement, for more than three years, of any installment falling due after requires a unanimous vote.
Assuming, for the sake of the argument, that some one of the powers represented on the commission is determined to exact the pound of flesh, there is no way under this treaty to prevent it, short of the application of coercive measures.
The reparation commission is not and is not intended to be a beneficent philan- thropic or eleemosynary institution; it is and must be the en- forcer of stern retribution, imposing on the vanquished the utmost burden his back will bear. But these measures are by no means the end of the story.
Reference has already been made to the payment by Germany in securities of what I shall designate her nonbond debt. On this point I quote from the treaty: Germany will within six months from the coming into force of the present treaty deliver to each allied and associated power all securi- ties, certificates, deeds, or other documents of title held by its nationals and relating to property, rights, or interests situated in the territory of that allied or associated power, including any shares, stock, debentures, — 26 debenture stock, or other obligations of any company incorporated in accordance with the laws of that power.
That is to say, German investments in allied or associated countries and held in Germany are to be wholly closed out. Moreover, all other property held by Germans or German companies in allied or associated countries, or territories, colo- nies, possessions, and protectorates, may be retained or liqui- dated by such powers. This completes the closing out of German interests in allied and associated countries.
Nor is this all, for this last provision applies to territories ceded to the allied and associated powers by this treaty, so that Poland, Czecho-Slovakia, the free city of Danzig, the principal allied and associated powers in Memel, Denmark, Belgium, and France may sell out property and interest of every German national or company within their newly acquired territory.
Furthermore, the separation commission may require, by a majority vote, the German Government to acquire and turn over to it the rights and interests of German nationals in any public utility or concession operating in Russia, China, Turkey, Austria, Hungary, and Bulgaria, or in the possessions or de- pendencies of these States, or in any territory formerly belong- ing to Germany or her allies, or to be administered by a mandatory under this treaty.
Nor is this the end. Germany must fully compensate, and most properly so, the nationals of all allied and associated powers for the losses they have suffered with reference to property located in German territory, and this includes all property acquired or in course of acquisition by the German alien property custodian, this compensation to be reduced by the actual value of any property restored to the owners.
For all property rights or interests taken by the allied and associated powers from German nationals, Germany undertakes to compensate them. Now the disposition of the proceeds of all this German prop- erty is obviously of the utmost importance.
The treaty pro- poses two methods, one of which is so fantastic that it is difficult to believe our wildest dreamer would, on study, care to adopt it. I shall give you the effect of a few of its salient — 27 features: If we should proceed under it, the United States would guarantee the payment of all specified debts owed by our citizens — who were solvent at the beginning of the war- to Germans.
We would establish a clearing office which would take over all such debts due to our citizens from Germans, and we would undertake to act as a collection agent for all such debts due from our citizens to Germans, making good any we did not collect. From the coming into force of this treaty all payments or acceptance of payments and all communications regarding the settlement of specified obligations would be absolutely prohibited between our citizens and Germans, under penalties imposed for trading with the enemy, except corre- spondence through our clearing office, and each Government would promise to do its utmost to ferret out and report viola- tions of the prohibitions to the others.
If an American citizen made a claim which was not allowed, he would be fined. If he contested a claim which was allowed, he would be fined. Where he and the German could not agree, the two clearing offices would settle it if they could; if they could not agree, it would go to the mixed arbitral tribunal. If, finally, a debt were held either by the clearing offices or the mixed tribunal not to be within the specified classes, permis- sion is graciously given to the parties to go to court.
When all such debts are liquidated any credit balance in favor of Germany goes to the reparation commission to be credited on Germany's account. That is to say, the excess proceeds of German property in the United States would go to compensate Italian or Greek or some other power's losses. If this clearing-office system be. They may apply them if they wish to the payment of claims and debts held by their nationals against German nationals, including claims against the German — 28 Government for acts committed by it after July 31, , and before the particular power concerned entered the war against Germany.
Or, and this is most remarkable, the power may use this money derived from the proceeds of property owned by German nationals to pay debts due the power's nationals from nationals of German allies.
That is, we may use German money to pay a Turk's debt. And in all of this it is well to remember that by the treaty the property rights and interests of German nationals will con- tinue to be subject to exceptional war measures that have been or will be taken against them.
It had not been and is not my purpose to attempt a discussion of the number of provisions of this instrument which run counter to our constitutional guaranties, but I can not forbear the observation that no one will, I apprehend, be so hardy as to contend that, peace being established, we shall continue to have power to take private property without compensation.
Under this plan also the excess of German property over American debts will go to the reparation commission, if we retain the excess. The treaty is not clear as to any other dis- position of the surplus. Now, for all this German property so disposed of, and for which Germany assumes liability to her own nationals, no credit is given on the reparation account, save as to that part which may be ultimately turned over to the reparation commission.
One point more and I shall be done with this part of the treaty. It is stipulated that all investments, wheresoever affected with the cash assets of nationals of the high contract- ing parties, including companies and associations in which such nationals were interested, by persons responsible for the administration of enemy properties or having control over such administration, or by order of such persons, or of any authority whatsoever, shall be annulled.
That is to say, either the treaty annuls or we obligate ourselves to annul all investments by our Alien Property Custodian of enemy funds. The disposition of such funds is not clear.
Thus we close out German interests in all allied and asso- ciated countries. The treaty terminates all multilateral treaties to which Germany is a, part except those specifically named in the, instrument, and all bilateral treaties and conventions between her and, other powers save only those which the other powers notify their intention to reyive.
Thus another presumed tenet of international law passes out with this treaty. Moreover, under this treaty the allied and associated powers acquire all the treaty and conventional rights and advantages enjoyed by Austria, Hungary, Bulgaria, or Turkey, and such rights and advantages granted to and enjoyed by nonbelligerent States.
Furthermore, if Germany shall undertake to make with any foreign country any reciprocity treaty in regard to the importation, exporta- tion, or transit of any goods, then all favors, immunities, and privileges granted by it shall simultaneously and unconditionally and without request or compensation be extended to all the allied and associated States.
The treaty thus effectually pre- vents Germany from fostering her commerce by special trade agreements with other countries. The tariff and customs provisions are equally drastic.
Not- withstanding the increased costs of production throughout the world, Germany may not, for the first six months after the coming into force of this treaty, impose higher tariffs than the most favorable duties applied to imports into Germany on July 31, ; and for a period of 30 months thereafter the same rule shall apply to all imports covered by a designated schedule which enjoyed rates conventionalized by treaties, to which im- ports are added other named articles.
Furthermore, as to all duties, charges, prohibitions, and re- strictions on both exports and imports, the allied and associated powers enjoy favored-nation treatment. I shall make no at- — 30 tempt even to list the exceptional tariff privileges granted to France, to Poland, to Luxemburg, to Morocco, and to Egypt. The nationals of allied and associated powers resident in Ger- many have as to all measures relating to occupation, profes- sions, trade, and industry most-favored-nation treatment; and as to taxes, charges, and imports, direct or indirect, touching the property rights or interests of nationals or companies of such powers or restrictions, the treatment must be that accorded to German nationals.
In all the foregoing I do not recall one reciprocal favor granted to Germany or her nationals.
The general principle of favored-nation treatment, and in some cases national treatment, is granted to the allied and asso- ciated countries and their nationals in all matters referring to transit, which Germany must expedite over and through Ger- man territory, and as to all charges connected therewith, all without any reciprocal undertaking in favor of Germany. All regulations governing such traffic must be equal and nondis- criminating as against the allied or associated powers or tbeir nationals.
Moreover, all inland traffic, our " coastwise " trade, is open to the vessels of the allied and associated powers on the same terms as German vessels, while Germany may not engage without permission in the like traffic of any other power.
Existing free zones in ports shall be maintained, and, in addition, Germany shall lease to Czechoslovakia areas in Ham- burg and Stettin, which shall be placed under the regime of free zones. Certain specified areas of the great German river systems of the Elbe, the Oder, the Niemen, and additional parts of the Danube, and all navigable parts of these river systems, are internationalized and placed under the administration of inter- national commissions.
The internationalization of the Rhine is extended. On these the traffic is open to the vessels of all nations on terms of perfect equality. Special concessions are given to France and Belgium on the Ehine, which need not be further noted. Finally, Germany undertakes so to adapt her railway rolling stock that it may accommodate the inclusion in German trains — 31 of the rolling stock of the allied and associated powers, and that the trains of the latter may incorporate German rolling stock.
In addition to this, regulations are laid down as to rates and traffic on through trains, which Germany undertakes to accept and operate. These are broad statements, covering an almost infinity of details on these various subjects. For no one of these various trade concessions and agreements is Germany given any credit or compensation nor any direct or conspicuous advantage named in the treaty. In addition to all this, she waives all claims arising out of the internment or repatriation of German nationals and all claims arising out of the capture and condemnation of German ships or the liquidation of German property in China and Siam.
Germany waives to all of the allied and associated powers and their nationals — as already noted — all claims of any descrip- tion in respect to the detention, employment except under the armistice terms , loss or damage of any German ships or boats, and all claims to vessels or cargoes sunk by or in consequence of naval action and subsequently salved, in which any of the allied or associated Governments or their nationals may have any interest either as owner, charterer, insurer, or otherwise, notwithstanding any decree or condemnation by a German prize court.
Finally, Germany undertakes not to put forward, directly or indirectly, against any allied or associated power signatory of the present treaty, including those which without having declared war have broken off: And as a capstone to this whole remarkable edifice let me refer to that provision by which Germany, on the one hand, accepts and agrees to be bound by all decrees and orders con- cerning German ships and goods made by any prize court of the allied and associated powers and agrees to put forward no claim arising out of such orders and decrees, and on the other — 19S02 32 hand acknowledges the right of the allied and associated powers to challenge all German prize-court decisions and orders.
As to that part of the treaty which deals with labor, I shall now merely say: Either it will never be enforced as drawn, and perhaps was never intended to be enforced as drawn, but to be merely a sop thrown to labor, or if enforced as written and in the spirit its provisions seem to carry it will wreck the world.
It compels the class antagonism between capital and labor which wisdom requires that we lessen, not increase, if we are to re- main a free people ; and makes possible an ultimate interference of foreign nations in our labor disputes at the instance of resi- dents of our own country. I regret, sir, that this has been a long and tedious process, but its importance could be satisfied in no other way. It has shown that having done all this it assesses against her provisionally, with a stipulation permitting an in- crease, a debt of ,,, gold marks, which is in addi- tion to the property restored in kind, and to the value of the boats, gold, and securities delivered ; that it makes her responsi- ble for these damages inflicted not only by herself but by her allies, and even by the allied and associated powers themselves, — with a list of items which includes some admittedly contrary to the rules of international law hitherto existing and that finally and in addition she is compelled to answer to her own nationals for the value of the property taken by the allied and associated powers.
It- remains for me to add that the United States is bound up in every one of the obligations and duties incident to the en- forcement of these terms, with the great responsibilities attached thereto.
The first meeting of the Assembly and the first meeting of the Council shall be summoned by the President of the United States of America. The permanent Secretariat shall be established at the Seat of the League. The Secretariat shall comprise a Secretary General and such secretaries and staff as may be required. The first Secretary General shall be the person named in the Annex ; thereafter the Secretary General shall be appointed by the Council with the approval of the majority of the Assembly.
The secretaries and staff of the Secretariat shall be appointed by the Secretary General with the approval of the Council. The Secretary General shall act in that capacity at all meetings of the Assembly and of the Council. The expenses of the Secretariat shall be borne by the Members of the League in accordance with the apportionment of the expenses of the International Bureau of the Universal Postal Union. The Seat of the League is established at Geneva.
The Council may at any time decide that the Seat of the League shall be established elsewhere. All positions under or in connection with the League, including the Secretariat, shall be open equally to men and women. Representatives of the Members of the League and officials of the League when engaged on the business of the League shall enjoy diplomatic privileges and immunities. The buildings and other property occupied by the League or its officials or by Representatives attending its meetings shall be inviolable.
The Members of the League recognise that the maintenance of peace requires the reduction of national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations. The Council, taking account of the geographical situation and circumstances of each State, shall formulate plans for such reduction for the consideration and action of the several Governments.
Such plans shall be subject to reconsideration and revision at least every ten years. After these plans shall have been adopted by the several Governments, the limits of armaments therein fixed shall not be exceeded without the concurrence of the Council. The Members of the League agree that the manufacture by private enterprise of munitions and implements of war is open to grave objections.
The Council shall advise how the evil effects attendant upon such manufacture can be prevented, due regard being had to the necessities of those Members of the League which are not able to manufacture the munitions and implements of war necessary for their safety. The Members of the League undertake to interchange full and frank information as to the scale of their armaments, their military, naval, and air programmes and the condition of such of their industries as are adaptable to war-like purposes.
A permanent Commission shall be constituted to advise the Council on the execution of the provisions of Articles 1 and 8 and on military, naval, and air questions generally. The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.
Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations.
In case any such emergency should arise the Secretary General shall on the request of any Member of the League forthwith summon a meeting of the Council. It is also declared to be the friendly right of each Member of the League to bring to the attention of the Assembly or of the Council any circumstance whatever affecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends.
The Members of the League agree that if there should arise between them any dispute likely to lead to a rupture, they will submit the matter either to arbitration or to inquiry by the Council, and they agree in no case to resort to war until three months after the award by the arbitrators or the report by the Council.
In any case under this Article the award of the arbitrators shall be made within a reasonable time, and the report of the Council shall be made within six months after the submission of the dispute. The Members of the League agree that whenever any dispute shall arise between them which they recognise to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy, they will submit the whole subject-matter to arbitration.
Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made or any such breach, are declared to be among those which are generally suitable for submission to arbitration.
For the consideration of any such dispute the court of arbitration to which the case is referred shall be the Court agreed on by the parties to the dispute or stipulated in any convention existing between them. The Members of the League agree that they will carry out in full good faith any award that may be rendered, and that they will not resort to war against a Member of the League which complies therewith.
In the event of any failure to carry out such an award, the Council shall propose what steps should be taken to give effect thereto. The Council shall formulate and submit to the Members of the League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall be competent to hear and determine any dispute of an international character which the parties thereto submit to it.
The Court may also give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly. If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration in accordance with Article 13 , the Members of the League agree that they will submit the matter to the Council.
Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary General, who will make all necessary arrangements for a full investigation and conside ation thereof. For this purpose the parties to the dispute will communicate to the Secretary General, as promptly as possible, statements of their case with all the relevant facts and papers, and the Council may forthwith direct the publication thereof.
The Council shall endeavour to effect a settlement of the dispute, and if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute and the terms of settlement thereof as the Council may deem appropriate. If the dispute is not thus settled, the Council either unanimously or by a majority vote shall make and publish a report containing a statement of the facts of the dispute and the recommendations which are deemed just and proper in regard thereto Any Member of the League represented on the Council may make public a statement of the facts of the dispute and of its conclusions regarding the same.
If a report by the Council is unanimously agreed to by the members thereof other than the Representatives of one or more of the parties to the dispute, the Members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report. If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice.
If the dispute between the parties is claimed by one of them, and is found by the Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement. The Council may in any case under this Article refer the dispute to the Assembly. The dispute shall be so referred at the request of either party to the dispute, provided that such request be made within fourteen days after the submission of the dispute to the Council.
In any case referred to the Assembly, all the provisions of this Article and of Article 12 relating to the action and powers of the Council shall apply to the action and powers of the Assembly, provided that a report made by the Assembly, if concurred in by the Representatives of those Members of the League represented on the Council and of a majority of the other Members of the League, exclusive in each case of the Rpresentatives of the parties to the dispute shall have the same force as a report by the Council concurred in by all the members thereof other than the Representatives of one or more of the parties to the dispute.
Should any Member of the League resort to war in disregard of its covenants under Articles 12 , 13 , or 15 , it shall ipso facto be deemed to have committed an act of war against all other Members of the League, which hereby undertake immediately to subject it to the severance of all trade or financial relations, the prohibition of all intercourse between their nations and the nationals of the covenant-breaking State, and the prevention of all financial, commercial, or personal intercourse between the nationals of the covenant-breaking State and the nationals of any other State, whether a Member of the League or not.
It shall be the duty of the Council in such case to recommend to the several Governments concerned what effective military, naval, or air force the Members of the League shall severally contribute to the armed forces to be used to protect the covenants of the League.
The Members of the League agree, further, that they will mutually support one another in the financial and economic measures which are taken under this Article, in order to minimise the loss and inconvenience resulting from the above measures, and that they will mutually support one another in resisting any special measures aimed at one of their number by the covenant-breaking State, and that they will take the necessary steps to afford passage through their territory to the forces of any of the Members of the League which are co-operating to protect the covenants of the League.
Any Member of the League which has violated any covenant of the League may be declared to be no longer a Member of the League by a vote of the Council concurred in by the Representatives of all the other Members of the League represented thereon.