I have the honor to reply as follows to the note of the Allied and Associated Powers of October 30, 1919, No. 1251.12 The news that the Prussian Government expects very shortly, or more exactly, on November 9, 1919, to conduct municipal elections in Upper-Silesia, is authentic. In Prussia, prior to the revolution, the so-called three-classes right of vote was in force, according to which the electors were divided according to taxation into three classes each one of which elected onethird of the municipal representatives. Thus, the greater were the differences in the taxations represented by the electors of one commune, the greater was the weight of the votes of the superior classes, and the more plutocratic was the right of vote. This institution of the former state was abandoned immediately after the revolution in favor of equal universal suffrage. Although the elections have already taken place throughout the rest of Prussia, according to the new form, the municipal representation in Upper-Silesia is still operated according to the old form. This situation is the more insupportable in that the local professional development has greatly exaggerated the difference between the poor and rich, and as, up to the present time, especially in the communes in which are located the mines and factories, the first and second classes are almost exclusively composed of the owners, contractors and directors of these establishments, and these classes choose from among themselves about two-thirds of the municipal commissioners. For this reason, and now that tranquillity and order have been restored in Upper-Silesia, the German Government can no longer defer the municipal elections, delayed for numerous motives, and especially on account of riots. This is the more necessary in that the municipal elections are conducted in anticipation of the intermediary elections for the Landtags of districts and provinces, in particular the new provincial constitution of Upper-Silesia can only be applied as a basis of these elections. In the course of the municipal elections, the interests of the portion of the population of Polish tongue will also be given due consideration. It is known that the Polish elements in Upper Silesia are found among the poorest part of the population, and for that reason it is clear that the maintenance of the superannuated voting "See HD-78, minute 5, and appendix F, vol. vш, pp. 808 and 824. system, and of the municipal representation thereby instituted, would be unrepresentative of the rights of that part of the population. All guarantees are given for full liberty in the conduct of the elections. In particular, the Government has ordered, in favor of the Upper-Silesia fugitives, that upon their return to their domicile they will be given an opportunity to register on the supplementary lists of electors. Finally, concerning the Peace Treaty, there is no motive given therein, in particular in the annex of Article 88, tending to prevent the Prussian State from exercising its sovereignty rights by insuring, until the entry into force of the Treaty, the administration of the territory which is to be submitted to a plebiscite in the future, or that the question of the elections is to be in any manner submitted to the competency of the International Council. The German Government entertains no doubt that, under these circumstances, the Principal Allied and Associated Powers will forego their original objections to these elections in Upper-Silesia, considering that the Powers have declared their intention to pave the way for democratic principles in their establishment of peace. Article 435 of the Peace Treaty signed at Versailles on June 28, 1919, recognized the guarantees stipulated by the Treaties of 1815, and especially by the act of November 20, 1815,14 in favor of Switzerland, guarantees which, by the terms of Art. 21 of the covenant of the League of Nations, constitute international obligations for the maintenance of peace. A similar article (375) is incorporated in the Treaty signed at St. Germain on September 10, 1919. The Federal Government is of the opinion that it is of primary importance that all the States which may in the future be members of the League of Nations, formally recognize the situation established by 13 'Dr. A. Dunant, Swiss Minister at Paris. "Declaration regarding the Helvetic Confederation, March 20, 1815, British and Foreign State Papers, vol. п, p. 142; Protocol regarding Cessions to Geneva, March 29, 1815, ibid., p. 149; Final Act of the Congress of Vienna, June 9, 1815, ibid., p. 3; Act of November 20, 1815, ibid., vol. ш, p. 359. the provisions above referred to; therefore it attaches the highest importance to having an analogous clause inserted in all the Peace Treaties yet to be concluded. It may be objected that neither Bulgaria nor Turkey had any part in the Treaties of 1815; but such an objection is countered by the recognition of the Monroe Doctrine in Article 21 of the Covenant which is reproduced in the draft of the Peace Treaty with Bulgaria; for this reason it seems necessary that the Swiss Federal Council act in accordance with the only engagement which has been concluded in the interest of all Europe and with a view to the maintenance of peace. I have the honor to bring the preceding to the attention of Your Excellency and I would be deeply grateful if you would have this desiderata expressed by my Government presented for a prompt examination. Please accept, etc. DUNANT Appendix C to HD-88 Note by the [British] Delegation for Submission to the Supreme Council The British Delegation has received a Despatch from the British Military Representative at Berlin containing the following information: "There is a definite Group in Berlin known as the Anti-Bolshevik League. They meet at the "Adlon" Hotel. The members are: German:-General von Lettow Vorbeck Graf. von Donau. Prof. Schiemann. "Staff" Officers-Hauptman von Lubers, Russian:-Bogdanoff, Russian merchant from Rostow. Beck, Marmarcheff (formerly mixed up with Ber- Noske sometimes attends meetings. Probably only internal antiBolshevik measures are discussed in his presence. This group have been, and still are, engaged in organizing the despatch of munitions to Denikin and munitions and money to Bermondt. They obtain munitions from the Schilde Konsortium, Schwabischestrasse, 30 Berlin, W. 30. Krupps and Stiler have representatives working with Schilde in this office." At its meeting on Saturday, October 11th,15 the Supreme Council decided that the Inter-Allied Commissions of Control set up by 18 HD-68, minute 6, vol. vIII, p. 580. Articles 203-210 of the Treaty of Peace with Germany should direct, if they found it possible, that Russian arms, munitions and war material retained by Germany should be delivered to the Russian Armies recognized by the Allied and Associated Governments. The transaction described in the above quoted extract from General Malcolm's despatch, however, is apparently concerned with new ammunition manufactured by a firm in which Krupp is largely interested, and is therefore not covered by the Supreme Council's resolution of October 11th. It would accordingly appear necessary for the Supreme Council to decide the two following questions of principle: (1) Whether Germany is to be encouraged to proceed with the manufacture of ammunition. (2) Whether it is desirable to facilitate the supply of German war material to the Army of General Denikin. NOVEMBER 7, 1919. Appendix D to HD-88 Note for the Supreme Council Relative to the First Meeting of the Council of the League of Nations 1. It would seem to be acknowledged on the one hand, that the order of the day for the first meeting of the Council of the League of Nations depends on the ratification of the Treaty by the American Senate, the important questions being reserved until that time,—and on the other hand, that the designation of the representatives may depend on this order of the day, that is to say on the importance of the questions to be considered. 2. However, in case the American ratification would allow the consideration of important questions in the first meeting of the Council, there would be a great advantage in having this consideration take place at as early a date as possible, because, if this ratification had to be awaited to prepare the first meeting of the Council, there would be a regrettable loss of time. It would therefore seem useful at the present time to anticipate the first meeting, while reserving the order of the day and the liberty of the Powers to designate their representatives in consequence. 3. With this end in view, the President of the United States could, at this time, notify the Powers that the first meeting of the Council of the League of Nations will be held at Paris immediately after the signing of the Procès-Verbal of the deposit of the ratifications of the Treaty and that an official convocation will follow, as soon as possible, giving the date and order of the day. 518640-46-VOL. IX-7 4. This note might be addressed by the President of the United States to the interested diplomatic missions at Washington, and the official convocation, addressed by the President of the United States, conformably with the Treaty, could be delivered on the spot by the American representative at the Peace Conference to the President of the Conference, and by the latter to the representative of each interested Power. PROPOSED NOTE TO BE ADDRESSED BY THE PRESIDENT OF THE UNITED STATES TO THE INTERESTED DIPLOMATIC MISSIONS AT WASHINGTON RELATIVE TO THE FIRST MEETING OF THE COUNCIL OF THE LEAGUE OF NATIONS The President of the United States of America has the honor to inform the Government of . . . . . that the first meeting of the Council of the League of Nations will be held at Paris immediately after the signing of the first Procès-Verbal of the deposit of ratifications of the Treaty of Versailles. The date, hour and order of the day of this meeting will be advised in the official convocation which the President of the United States will request the American representative to the Peace Conference to transmit on the spot to each interested Power, through the kindness of the President of the Conference. Appendix E to HD-88 Proposed Reply to the Letter of the German Delegation of October 3 16 on the Question of Eupen and Malmedy, Submitted to the Supreme Council by the Commission on Belgian Affairs Mr. President: In reply to your letter of October 3 last, relative to the circles of Eupen and Malmedy, I have the honor to inform you that the interpretation given to this communication is not in conformity, either with the letter or the spirit, of Article 34 of the Treaty of Versailles. A glance at this article suffices to show immediately that the intention of the Allied and Associated Powers was not to institute a plebiscite at Eupen and Malmedy similar to that to be operated in UpperSilesia or Schleswig, but to allow those of the inhabitants of the interested circles, who desire to see the territory to which they belong maintained under German sovereignty, to freely express their wish. |