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SIR EYRE CROWE said that, in order not to give the Germans the impression that all costs were being imposed on them, it should be made clear in the memorandum to be submitted to the Germans that the costs of transportation were to be borne by the States to whom attribution of said territories would ultimately be made.

It was decided:

(1) that a memorandum should be submitted to the German Delegates regarding the transportation of troops and supplies in the plebiscite areas;

(2) that the cost of transportation of troops and supplies in the plebiscite areas should be a charge against the States to whom attribution of these territories would be made and that a phrase to that effect would be put in the memorandum to be submitted to the Germans; (3) that a delay of 48 hours be given them for examination.

(The meeting then adjourned).

HOTEL DE CRILLON, PARIS, November 19, 1919.

Appendix A to HD-96

NOVEMBER 17, 1919.

C

Report to the Supreme Council

In accordance with the decision taken by the Supreme Council on September 4th,3 the Committee on New States has continued its activities with a view to drafting a convention relative to reciprocal and voluntary emigration in the Balkan countries and has the honor to submit the attached draft for the approval of the Supreme Council.

In its report on this question addressed to the Supreme Council on July 30th, the Committee on New States indicated that it would be advantageous, with a view to the maintenance of peace, to bring the various Balkan States to participate in a convention regulating the modalities of voluntary emigration in these regions. But the Committee considered that although it seemed possible to provide in the Bulgarian Treaty, and later in the Turkish Treaty, clauses specifying an obligation on the part of Bulgaria and Turkey to accept the convention prepared, yet on the contrary, so far as concerned Greece and Serbia, such a convention could not be imposed with authority and should be merely proposed for the acceptance of these states.

The Supreme Council, having accepted this point of view decided upon the insertion in the Bulgarian Treaty of paragraph 2 of Article 56, obliging Bulgaria to recognize the provisions which the Principal

HD-47, minute 4, vol. VIII, p. 101.

4 Appendix F to HD 25, vol. VII, p. 590.

Allied and Associated Powers may judge opportune relative to the reciprocal and voluntary emigration of ethnic minorities.

In its observations on the Treaty clauses, presented on October 24th, the Bulgarian Delegation declared that it raised no objection so far as Article 56 was concerned.

On the other hand, in submitting a draft statement of principles to the Greek and Serb-Croat-Slovene Delegations, the Committee on New States asked them if they would agree to participate in an agreement of this nature.

The Delegation of the Kingdom of the Serbs, Croats and Slovenes, while approving the ideas which inspired the draft convention, replied that the emigration and immigration contemplated in this agreement could, in its opinion, be more advantageously regulated by direct understanding between the states interested.

To the contrary, the Delegation of the Kingdom of Greece, desirous of a conclusion on this subject, submitted to the Committee, which has examined it in detail, a complete text based on the draft statement of principles proposed. Making some alterations in this text, the Committee has drawn up a definitive project which has just been officially accepted by that Delegation.

The question then arose whether, since Serbia refused to participate in this convention, there would nevertheless be cause to prepare an agreement which for the moment would be entered into only between Greece and Bulgaria.

The Committee on New States unanimously decided that it would be preferable to carry the matter through, the treaty prepared being later imposed on Turkey and left open to acceptance by the other Balkan States.

The Committee on New States then discussed the question as to whether or not the Principal Allied and Associated Powers should affix their signatures to this Treaty in which they would figure as High Contracting Parties, or on the contrary if this Treaty, prepared by them, should now be signed only by Greece and Bulgaria.

The Majority of the Committee considered that paragraph 2 of Article 56 of the Bulgarian Treaty, although not giving precise

Opinion of the
Majority

details on this question, seemed to imply that the Principal Allied and Associated Powers would participate in the convention whose acceptance by Bul

garia they had thus imposed in advance.

The Majority of the Committee was therefore of the opinion that it would be proper to submit to the consideration of the Supreme Council the question as to whether the Principal Allied and Associated

"HD-55, minute 3 (b), and appendix E, vol. VIII, pp. 236 and 244.

Powers would sign the treaty and whether it would not be expedient to consult the Drafting Committee in this regard.

The Majority of the Committee on New States, basing its opinion on paragraph 2 of Article 56 of the Treaty with Bulgaria, does not believe that it is obligatory to consult the Bulgarian Delegation concerning this draft convention, especially, as is recalled above, since the Bulgarian Delegation raised no objection to Article 56.

Nevertheless, although there is no obligation in this respect, the majority of the Committee considered it preferable, if the Supreme Council deems it wise that this draft treaty, in case it is approved, should be sent to the Bulgarian Delegation which would then have to declare within a very short time, say 48 hours, whether it has any observations to present.

Opinion of the American Delegation

The American Delegation, while in accord with the other Delegations that an agreement regarding reciprocal emigration in the Balkan States is very desirable, does not share the view of the majority that under Article 56 of the Treaty with Bulgaria the Principal Allied and Associated Powers have assumed an obligation to guarantee any such arrangement by becoming signatory parties, and reserves its judgment regarding the desirability of the United States signing the projected agreement between Greece and Bulgaria.

The American Delegation is further of the opinion that the impracticability of extending this agreement to other Balkan States at the present time might well cause the Bulgarian Delegation to object that the provisions of an agreement between Greece and Bulgaria as regards minorities were not "reciprocal" in the spirit of Article 56 of the Bulgarian Treaty, as they only concerned Bulgarian minorities in Greece and Greek minorities in Bulgaria, while making no provision for the large Bulgarian minorities in Macedonia, Serbia and the Dobrudja. In view of this fact, and as the projected Treaty might appear to be an aggravation of the Treaty of Peace and to go beyond the terms of Article 56, which provide that "Bulgaria Undertakes to recognize such provisions as the Principal Allied and Associated Powers may consider opportune with respect to the reciprocal and voluntary emigration of persons belonging to racial minorities," the American representative is of the opinion that there is a moral obligation to submit the draft Treaty to the Bulgarian Delegation before proceeding to the signature.

[Annex]

Draft Agreement on Balkan Emigration

In the execution of the provisions of Article 56, paragraph 2, of the Treaty of Peace with Bulgaria, dated . . . the Principal Allied and Associated Powers and Greece on the one hand and the

Kingdom of Bulgaria on the other hand, agree on the following dispositions:

ARTICLE 1

Greece and Bulgaria grant respectively to their nationals belonging to minorities of race, of religion, or of language the right to declare their wish to emigrate to the other country.

ARTICLE 2

Greece and Bulgaria undertake to facilitate in every way the exercise of the right provided by Article 1 and to interpose no obstacle, directly or indirectly, to freedom of emigration, notwithstanding all laws or regulations to the contrary, which should be considered as null and void in this regard.

In particular the exercise of the right of emigration shall not endanger the pecuniary rights of emigrants existing at the time of emigration.

ARTICLE 3

No obstacle shall be interposed to the departure of an emigrant for any cause whatever, except in case of a final sentence pronounced as penalty for an infraction of common law. In case of a sentence which is not yet final or of criminal process at common law against an emigrant, the latter shall be delivered by the authorities of the prosecuting country to the authorities of the country where the emigrant is proceeding, in order that he may be tried.

ARTICLE 4

The right of voluntary emigration to all persons more than 18 years of age. It may be exercised within a period of two years from the establishment of the Mixed Commission provided below by means of a declaration before the said Commission or before its representatives. The choice of emigration of the husband will' carry with it that of the wife; the choice of emigration of the parents or of guardians will carry with it that of their children or wards less than 18 years of age.

ARTICLE 5

Emigrants shall lose the nationality of the country which they abandon at the moment when they leave it and shall acquire that of the country of destination upon their arrival of [in] the territory of the latter.

ARTICLE 6

Persons who, in execution of the provisions below, take advantage of the right of emigration shall be free to carry with them or to have

transported their movable property of all kinds. There may not be imposed upon them any export or import duty on this account.

Likewise, in case where the right of emigration is exercised by the members of a community which after their departure must be dissolved, the mixed Commission provided for below shall determine whether and under what conditions the said members shall have the right to carry freely or to have transported the movable property belonging to the said community, churches, convents, schools, hospitals or establishments of any kind.

ARTICLE 7

So far as immovable property is concerned, rural or urban, belonging to voluntary emigrants or to communities of emigrants, churches, convents, schools, hospitals, and establishments of any kind, they shall be liquidated by the Mixed Commission provided for below in conformity with the following provisions.

ARTICLE 8

Persons who, having left their original residence, are already established in the state to which they belong from the ethnical point of view, shall have the right to the value in exchange of the property left by them in the abandon[ed] country, as this may be fixed by the process of liquidation. This liquidation will be carried out according to the provisions established below.

ARTICLE 9

Within a period of three months from the coming into force of the present Treaty, there shall be created a Mixed Commission of five members, of whom one shall be nominated by Greece, one by Bulgaria and the three others by the Council of the League of Nations, or, in its failure to do so, by the Principal Allied and Associated Powers.

ARTICLE 10

This Commission shall be charged with the supervision and facilitation of voluntary emigration between the two countries and with the liquidation of the immovable property of emigrants.

It shall fix the modalities of emigration and of the liquidation of immovable property.

ARTICLE 11

The Mixed Commission shall have the power to proceed to estimate the value of immovable property, the parties interested being duly heard.

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