justified interpretation of the articles of the treaty on which explanations were asked. Under these circumstances, the Supreme Council has decided after careful examination that it is not necessary, in order to give satisfaction to the Serb-Croat-Slovene State, to modify the text of the treaty already signed by the Principal Allied and Associated Powers. The comments presented in the reply above will convey to the Serb-CroatSlovene State the assurance of the sentiments of the Supreme Council, which is quite convinced of the desire of the Royal Government to act in perfect solidarity with the Principal Allied and Associated Powers. Appendix D to HD-89 Note for the Supreme Council Concerning Naval Material at Dantzig The Drafting Committee is of the opinion that the removal, or the sale by the German authorities of the maritime material which is at Dantzig and belongs to the Empire or to the German States, or was requisitioned by them, is contrary to the stipulations of Article 107 of the Peace Treaty, and that by taking such measures, at this time, Germany is jeopardizing the loyal execution of the Treaty. The same solution would be difficult to support, if the matter concerifed private properties, and the individuals interested spontaneously disposed of them. NOVEMBER 7, 1919. For the Drafting Committee: SECRETARIAT GENERAL OF THE PEACE CONFERENCE Appendix E to HD-89 NOVEMBER 8, 1919. COMMISSION ON CO-ORDINATION OF THE LISTS OF ACCUSED, AND ORGANIZATION OF MIXED TRIBUNALS The Supreme Council, in its resolution of the 7th of November,18 decided on the constitution of a commission charged with comparing the lists of accused, to be delivered by Germany, and organizing the mixed tribunals, provided for by Article 229 of the Treaty. This Commission has been composed of the representatives of the Principal Allied and Associated Powers. Certain other Allied Powers, notably Belgium, were alarmed on account of their eviction from the composition of this Commission. 18 HD-86, minute 1, p. 20. Besides Belgium, other Powers, (Greece, Poland, Rumania and Serbia) may have to claim accused persons of German nationality and have an interest in taking part in the organization of the mixed tribunals. It would be advisable, in order to comply with the requests of these powers, as well as to be in the position of providing for eventual objections of procedure in the organization of mixed tribunals, to complete the resolution of November 7, by the following text: "It is decided that the Allied Powers, which have compiled a list of accused to be claimed from Germany, will have a representative in the Commission (charged with the organization of this tribunal)". Appendix F to HD-89 Note Presented to the Supreme Council by the Commission on Polish Affairs QUESTION OF EASTERN GALICIA NOVEMBER 10, 1919. In a resolution, under date of November 7,19 the Supreme Council decided to forward for consideration, to the Commission on Polish Affairs, the proposition made by the British Delegation, with a view to having the League of Nations give Poland a mandate of definite duration over eastern Galicia. Task Assigned Adoption of the The Commission on Polish Affairs, with an intention of conciliation, unanimously decided to accept the principle of a mandate. Although recommending to the Council the adoption of this solution, which, alone, under the present circumstances seems of a nature to realize the unanimity of the Delegations and to lead to a concrete result, the Commission deems it its duty to call attention to the fact that no mandate has been considered so far for the countries situated in Europe, and that Eastern Galicia profoundly differs from the territories to which the principle of the mandate has so far been applied. With respect to the duration of the mandate conferred on Poland, four Delegations* were of the opinion that it should be fixed at twenty 19 HD-86, minute 3, p. 20. *However, the American Delegation desires that it be specified that it accepted a limitation of the duration of the mandate only in the hope of coming to a unanimous agreement. Therefore, if the British Delegation should not accept, definitely, this period of twenty-five years, the American Delegation reserves the right to stand by its first proposition, which consisted in entrusting Poland, under the conditions determined by the Treaty, with the mandate of administering Eastern Galicia as long as this system should give satisfactory results. the Council of the League of Nations remaining free to bring about a change in status at any time such change might seem to it desirable. [Footnote in the original.] Duration of the five years, thinking that it is necessary that the destinies of a sorely tried and profoundly troubled country, cannot be treated again before the legal age of a new generation which will have grown up protected from the agitations and the shocks caused by the world war. The British Delegate, nevertheless, has declared that his instructions did not permit him to accept an extension to twenty-five years of the ten-year period considered by the British Delegation. However, he agreed to call the attention of the British representative to the Supreme Council, to the arguments set forth by the majority of the Commission. Competence of the League of Nations At last the Commission unanimously concluded that it would be desirable that, at the expiration of a period during which the mandate would have been granted to Poland, the League of Nations receive full authority to maintain, revise, or modify the statute defined by the Treaty. This provision should be liberally interpreted and would imply for the League of Nations the power to entirely dissolve the system of mandate, and to pronounce, for instance, either the annexation of Eastern Galicia to Poland, or to another State, or to choose any other solution which it might deem proper. Aside from the question of the mandate, the Commission attempted to compromise concerning the two points on which a disagreement existed between the majority and the minority of the Commission (See Report No. 5),20 that is to say, on the principle of the representation of Eastern Galicia in the Diet of Poland (Article 16 of the Draft of Treaty) and on the military organization (Article 38). Discussion of On the first question the divergence could not be settled, the British Delegation having maintained the text proposed for Article 16 by the minority of the Commission. He deemed, in fact, that it was a matter of principle which ought to be decided by the Supreme Council itself. He declared himself willing, however, to set forth to the British plenipotentiary the arguments presented by the majority to support its point of view. On the question of the military organization, on the other hand, the Commission unanimously agreed to propose a new draft of Article 38, which would give to the Polish Government the right to apply in Eastern Galicia the military legislation in effect in Poland, with the reserve that the contingent thus recruited would constitute special units which, in peace time, would be located in Eastern Galicia and be at the disposal of the Polish Government in time of war for the defense of the national territory. This last expression is designed to forbid Poland the use of forces recruited in Eastern Galicia in any war which had not been forced upon her, but it must not be interpreted as implying the interdiction to use the troops of Eastern Galicia in a defensive war outside of the Polish frontiers. Proposed New If the propositions presented above by the Commission are adopted by the Supreme Council, it would be advisable to modify the text of the draft of Treaty, such as it appears in Report No. 5 of the Commission, as follows:* a)-In the preamble, suppression of the clause thus conceived: "Until the moment when they will be invited to express, by vote, at present postponed on account of the troubled state of Eastern Europe, their desires relative to the definite political statute in those territories." (The Supreme Council, on the other hand, in its meeting of September 19th, decided on the suppression of the paragraph mentioned in Report No. 5 of the Commission and thus conceived: 21 "Considering that Eastern Galicia formed part of the former Kingdom of Poland until the dismemberment of the latter.") b)-Article 2 would be thus drawn up: "Poland accepts, in conformity with the Covenant of the League of Nations, and under the conditions provided for in the present Treaty, the mandate of organizing and governing Eastern Galicia, which will constitute an autonomous territory, within the limits determined by Article I. "This mandate, which is conferred for a period of twenty-five years †, at the expiration of which the Council of the League of Nations will have full authority to maintain, revise, or modify the statute defined by the present Treaty." c)-At last Article 38 would thus be drawn up: "The legislation on military service in effect in Poland can be applied by Poland to Eastern Galicia, with the reserve that the contingent thus recruited will constitute special units, which, in peace time will be located in Eastern Galicia and will, in time of war, be at the disposal of the Polish Government for the defense of national territory." In case these suggestions be admitted, it would seem that the Commission should be directed to study in concert with the Drafting Committee, the modifications in form which it would be advisable to make in the other articles of the Treaty. *On account of the short time available for the preparation of the report of the Commission, which ought to be submitted to the Council at its meeting of November 10, the new text proposed by the Commission could not be submitted for the consideration of the Drafting Committee. [Footnote in the original.] "See HD-57, minute 3, vol. ví, p. 270. †The British Delegate makes, concerning these twenty-five years, a reservation which has been defined above. [Footnote in the original.] Appendix G to HD-89 From: St. Kozicki, Polish Delegation, To: President Clemenceau. PARIS, November 9, 1919. Having learned that the Supreme Council is about to admit the question of the Eastern part of Galicia for examination on the basis of a new plan which differs essentially from the plan previously discussed, and concerning which the Polish Delegates have not been permitted to express themselves, the Polish Delegation entertains the hope that the Principal Allied and Associated Powers will not come to any decision without previously hearing the views of the Polish Delegates, as Poland is one of the Allied States. In view of the fact that Mr. Dmowski is, unfortunately, seriously ill and that Mr. Paderewski is absent from Paris, the Polish Delegation has the honor to request the Supreme Council to kindly postpone its decision on the fate of the Eastern part of Galicia until the Polish Delegates return to Paris and are allowed to present their case to the Peace Conference. Please accept, etc. General Secretary, ST. KOZICKI Appendix H to HD-89 Questions for Regulation by the Supreme Council I.-SPECIAL QUESTIONS A.-Execution of the Treaty with Germany. Conditions governing the resumption of diplomatic relations. (A report to be furnished by the Special Commission). Reorganization of the Superior War Council at Versailles to centralize the measures of execution concerning the military clauses of the Peace Treaty, in Germany and in the different occupied territories. Extradition and trial of the Kaiser. Nomination of the members of the Commission entrusted with the comparison of the lists of culprits presented by the different Powers and to regulate a procedure for the mixed tribunals (article 229). Question of the representation of small Powers on the Commission. Convention between Poland and the free city of Dantzig (a report. to be furnished by the Commission on Polish Affairs). Togo and Cameroun: employment of the contingents for the defense of the metropolitan and colonial territory. |