TREATIES OF PEACE WITH AUSTRIA AND WITH HUNGARY. PRELIMINARY NOTE. Austria-Hungary declared war against Serbia July 28, 1914. Other European States were soon involved and Japan declared war against Germany on August 23, 1914. The United States remained neutral till April 6, 1917, when war was declared against Germany, and on December 7, 1917, war was declared against Austria-Hungary.1 The United States on May 31, 1918, expressed sympathy with the Czecho-Slovaks and the Jugo-Slavs in their struggle against AustriaHungary, and on September 3, 1918, recognized the Czecho-Slovak National Council as a de facto belligerent Government, clothed with proper authority to direct the military and political affairs of the Czecho-Slovaks." Recognition had previously been granted by France and by Great Britain.2 The United States on October 18, 1918, made recognition by Austria-Hungary of the right of the Czecho-Slovaks and of the JugoSlavs to determine their own destiny, a condition prior to negotiation of an armistice. Austria-Hungary concluded an armistice with the Allied and Associated Powers on November 3, 1918. On November 13, 1918, Emperor Charles recognized the separation of Austria and Hungary and on the same date a military convention was signed providing for the application of the armistice in Hungary. 3 On September 10, 1919, a treaty was signed at Saint-Germain-enLaye between the Allied and Associated Powers and Austria. On June 4, 1920, a treaty was signed at Trianon between the Allied and Associated Powers and Hungary. Both the treaty with Austria and the treaty with Hungary recognized the Serb-Croat-Slovene State and Czecho-Slovakia as parties to the treaties. The United States' representatives signed the treaties with Germany, with Austria, and with Hungary, but the United States has not ratified any of these treaties. These treaties have been ratified by and are binding upon many of the States with which the United States has relations. Since the above preliminary note was written, the United States. has, however, ratified the following treaties with Germany, Austria, and Hungary. Under these treaties the United States is entitled to certain rights and privileges which it would have enjoyed as a party 1 See Naval War College, International Law Documents, 1917, p. 230. 2 See Naval War College, International Law Documents, 1918, p. 209. Idem, pp. 14-34. 5 to the general treaties of Versailles with Germany, of St. Germainen-Laye with Austria, and of Trianon with Hungary, to which many other States are parties, but which the United States has not ratified. TREATY BETWEEN THE UNITED STATES AND GERMANY. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION WHEREAS, by a Joint Resolution of Congress, approved March 3, 1921, it was declared that certain Acts of Congress, joint resolutions and proclamations should be construed as if the war between the United States of America and the Imperial German Government had ended, but certain acts of Congress and proclamations issued in pursuance thereof were excepted from the operation of the said resolution; WHEREAS, by a Joint Resolution of Congress approved July 2, 1921, the state of war which was declared by the Joint Resolution of Congress approved April 6, 1917, to exist between the United States of America and the Imperial German Government was declared at an end; WHEREAS, a treaty between the United States and Germany was signed at Berlin on August 25, 1921, to restore the friendly relations existing between the two nations prior to the outbreak of war, which treaty is word for word as follows: The United States of America and Germany: Considering that the United States, acting in conjunction with its co-belligerents, entered into an Armistice with Germany on November 11, 1918, in order that a Treaty of Peace might be concluded; Considering that the Treaty of Versailles was signed on June 28, 1919, and came into force according to the terms of its Article 440, but has not been ratified by the United States; Considering that the Congress of the United States passed a Joint Resolution, approved by the President July 2, 1921, which reads in part as follows: "RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That the state of war declared to exist between the Imperial German Government and the United States of America by the joint resolution of Congress approved April 6, 1917, is hereby declared at an end. "Sec. 2. That in making this declaration, and as a part of it, there are expressly reserved to the United States of America and its nationals any and all rights, privileges, indemnities, reparations, or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed November 11, 1918, or any extensions or modifications thereof; or which were acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have thereby become rightfully entitled; or which, under the treaty of Versailles, have been stipulated for its or their benefit; or to which it is entitled as one of the principal allied and associated powers; or to which it is entitled by virtue of any Act or Acts of Congress; or otherwise. "Sec. 5. All property of the Imperial German Government, or its successor or successors, and of all German nationals, which was, on April 6, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or of any of its officers, agents, or employees, from any source or by any agency whatsoever, and all property of the Imperial and Royal Austro-Hungarian Government, or its successor or successors, and of all Austro-Hungarian nationals which was on De The treaty of Versailles is printed as Naval War College, International Law Docu ments, 1919. cember 7, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or any of its officers, agents, or employees, from any source or by any agency whatsoever, shall be retained by the United States of America and no disposition thereof made, except as shall have been heretofore or specifically hereafter shall be provided by law until such time as the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively made suitable provision for the satisfaction of all claims against said Governments respectively, of all persons, wheresoever domiciled, who owe permanent allegiance to the United States of America and who have suffered, through the acts of the Imperial German Government, or its agents, or the Imperial and Royal Austro-Hungarian Government, or its agents, since July 31, 1914, loss, damage, or injury to their persons or property, directly or indirectly, whether through the ownership of shares of stock in German, Austro-Hungarian, American, or other corporations, or in consequence of hostilities or of any operations of war, or otherwise, and also shall have granted to persons owing permanent allegiance to the United States mostfavored-nation treatment, whether the same be national or otherwise, in all matters affecting residence, business, profession, trade, navigation, commerce and industrial property rights, and until the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively confirmed to the United States of America all fines, forfeitures, penalties, and seizures imposed or made by the United States of America during the war, whether in respect to the property of the Imperial German Government or German nationals or the Imperial and Royal AustroHungarian Government or Austro-Hungarian nationals, and shall have waived any and all pecuniary claims against the United States of America." Being desirous of restoring the friendly relations existing between the two Nations prior to the outbreak of war. Have for that purpose appointed their plenipotentiaries: THE PRESIDENT OF THE UNITED STATES OF AMERICA ELLIS LORING DRESEL, Commissioner of the United States of America to Germany, and THE PRESIDENT OF THE GERMAN EMPIRE Dr. FRIEDRICH ROSEN, Minister for Foreign Affairs, Who, having communicated their full powers, found to be in good and due form, have agreed as follows: ARTICLE I. Germany undertakes to accord to the United States, and the United States shall have and enjoy, all the rights, privileges, indemnities, reparations or advantages specified in the aforesaid Joint Resolution of the Congress of the United States of July 2, 1921, including all the rights and advantages stipulated for the benefit of the United States in the Treaty of Versailles which the United States shall fully enjoy notwithstanding the fact that such Treaty has not been ratified by the United States. ARTICLE II. With a view to defining more particularly the obligations of Germany under the foregoing Article with respect to certain provisions in the Treaty of Versailles, it is understood and agreed between the High Contracting Parties: (1) That the rights and advantages stipulated in that Treaty for the benefit of the United States, which it is intended the United States shall have and enjoy, are those defined in Section 1, of Part IV, and Parts V, VI, VIII, IX, X, XI, XII, XIV, and XV. 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) That the United States shall not be bound by the provisions of Part I of that Treaty, nor by any provisions of that Treaty including those mentioned in Paragraph (1) of this Article, which relate to the Covenant of the League of Nations, nor shall the United States be bound by any action taken by the League of Nations, or by the Council or by the Assembly thereof, unless the United States shall expressly give its assent to such action. (3) That the United States assumes no obligations under or with respect to the provisions of Part II, Part III, Sections 2 to 8 inclusive of Part IV, and Part XIII of that Treaty. (4) That, while the United States is privileged to participate in the Reparation Commission, according to the terms of Part VIII of that Treaty, and in any other Commission established under the Treaty or under any agreement supplemental thereto, the United States is not bound to participate in any such commission unless it shall elect to do so. (5) That the periods of time to which reference is made in Article 440 of the Treaty of Versailles shall run, with respect to any act or election on the part of the United States, from the date of the coming into force of the present Treaty. ARTICLE III. The present Treaty shall be ratified in accordance with the constitutional forms of the High Contracting Parties and shall take effect immediately on the exchange of ratifications which shall take place as soon as possible at Berlin. IN WITNESS WHEREOF, the respective plenipotentiaries have signed this Treaty and have hereunto affixed their seals. Done in duplicate in Berlin this twenty-fifth day of August 1921. [SEAL.] [SEAL.] ELLIS LORING DRESEL AND WHEREAS, the said treaty has been duly ratified on both parts, and the ratifications of the two countries were exchanged at Berlin on November 11, 1921; NOW THEREFORE be it known that I, Warren G. Harding, President of the United States of America, hereby proclaim that the war between the United States and Germany terminated on July 2, 1921, and cause the said treaty to be made public to the end that every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the City of Washington this fourteenth day of November One [SEAL.] Thousand Nine Hundred and Twenty-one and of the Independence of the United States of America the One Hundred and Forty-sixth. WARREN G HARDING By the President: CHARLES E. HUGHES Secretary of State. [RATIFICATION.] WARREN G. HARDING, President of the United States of America, TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE, That whereas a Treaty between the United States of America and Germany to restore the friendly relations existing beetween the two nations prior to the outbreak of war, was concluded and signed by their respective plenipotentiaries at Berlin on August 25, 1921, the original of which Treaty, in the English and German languages, is hereto annexed: " And Whereas, the Senate of the United States, by their resolution of October 18, 1921, (two-thirds of the Senators present concurring therein) did advise and consent to the ratification of the said Treaty, subject to the understanding, made a part of the resolution of ratification, "that the United States shall not be represented or participate in any body, agency or commission, nor shall any person represent the United States as a member of any body, agency or commission in which the United States is authorized to participate by this Treaty, unless and until an Act of the Congress of the United States shall provide for such representation or participation"; and subject to the further The German text is not reprinted. |