Moreover, since Germany is not immediately accepted as a member of the league of nations and the organization of labor, the German people are to be excluded from cooperation in determining the rights and duties upon which the health and welfare of the workers depend, although Germany's labor legislation has become a model for the entire world. * * * CHAPTER XI.-GUARANTIES, * Up to now the world has failed to give due consideration to the great transformation which has taken place in the national life of Germany. Through the will of her people Germany has become a democracy and a Republic. The new Germany is convinced that it deserves the confidence of its neighbors and that it may therefore demand its place in the league of nations, which in itself would constitute the most inviolable guaranty of good faith. (E) LETTER TO THE PRESIDENT OF THE GERMAN DELEGATION COVERING THE REPLY OF THE ALLIED AND ASSOCIATED POWERS, JUNE 16, 1919. [Extract.] VI. The allied and associated powers have given careful consideration to the request of the German delegation that Germany should at once be admitted to the league of nations. They are unable to accede to this request. The German revolution was postponed to the last moments of the war, and there is as yet no guaranty that it represents a permanent change. In the present temper of international feeling, it is impossible to expect the free nations of the world to sit down immediately in equal association with those by whom they have been so grievously wronged. To attempt this too soon would delay and not hasten that process of appeasement which all desire. But the allied and associated powers believe that if the German people prove by their acts that they intend to fulfill the conditions of the peace, and that they have abandoned those aggressive and estranging policies which caused the war, and have now become a people with whom it is possible to live in neighborly good fellowship, the memories of the past years will speedily fade, and it will be possible at an early date to complete the league of nations by the admission of Germany thereto. It is their earnest hope that this may be the case. They believe that the prospects of the world depend upon the close and friendly cooperation of all nations in adjusting international questions and promoting the welfare and progress of mankind. But the early entry of Germany into the league must depend principally upon the action of the German people themselves. VIII. ** * They believe that it is not only a just settlement of the great war, but that it provides the basis upon which the peoples of Europe can live together in friendship and equality. At the same time it creates the machinery for the peaceful adjustment of all international problems by discussion and consent, whereby the settlement of 1919 itself can be modified from time to time to suit new facts and new conditions as they arise. It is frankly not based upon a general condonation of the events of 1914-1918. It would not be a peace of justice if it were. But it represents a sincere and deliberate attempt to establish "that reign of law, based upon the consent of the governed, and sustained by the organized opinion of mankind," which was the agreed basis of the peace. (F) REPLY OF THE ALLIED AND ASSOCIATED POWERS TO OBSERVATIONS OF GERMAN DELEGATION ON CONDITIONS OF PEACE. [Extract.] PART I.-THE LEAGUE OF NATIONS. I. The allied and associated powers regard the covenant of the league of nations as the foundation of the treaty of peace. They have given careful consideration to all its terms, and they are convinced that it introduces an element of progress into the relations of peoples which the future will develop and strengthen to the advantage of justice and of peace. The text of the treaty itself makes it clear that it has never been the intention of the allied and associated powers that Germany or any other power should be indefinitely excluded from the league of nations. Provisions have accordingly been laid down which apply generally to States not members of the league and which determine the conditions of their admission subsequent to its formation. Any State whose government shall have given clear proofs of its stability as well as of its intention to observe its international obligations particularly those obligations which arise out of the treaty of peace-will find the principal allied and associated powers disposed to support its candidature for admission to the league. In the case of Germany, it is hardly necessary to say that the record of the last five years is not of a character to justify an exception, at the present time, to the general rule to which reference has just been made. Her case demands a definite test. The length of this period will largely depend upon the acts of the German Government, and it is within the choice of that Government, by its attitude toward the treaty of peace, to shorten the period of delay which the league of nations, without any intention of prolonging it unduly, shall consider it necessary to fix. Provided these necessary conditions are assured, they see no reason why Germany should not become a member of the league in the early future. II. The allied and associated powers do not consider that an addition to the covenant in the sense of the German proposals regarding economic questions is necessary. They would point out that the covenant already provides that ** * - Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the members of the league will make provision to secure and maintain freedom of communications and of transit, and equitable treatment for the commerce of all members of the league * So soon as Germany is admitted to the league she will enjoy the benefits of these provisions. The establishment of general conventions with regard to transit questions is now being considered. III. The allied and associated powers are prepared to accord guaranties, under the protection of the league of nations, for the educational, religious, and cultural rights of German minorities in territories transferred from the German Empire to the new States created by the treaty. They take note of the statement of the German delegates that Germany is determined to treat foreign minorities within her territory according to the same principles. IV. The allied and associated powers have already pointed out to the German delegates that the covenant of the league of nations provides for The reduction of national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations. They recognize that the acceptance by Germany of the terms laid down for her own disarmament will facilitate and hasten the accomplishment of a general reduction of armaments, and they intend to open negotiations immediately with a view to the eventual adoption. of a scheme of such general reduction. It goes without saying that the realization of this program will depend in large part on the satisfactory carrying out by Germany of her own engagements. (G) THE GERMAN PEACE DELEGATION TO THE ALLIED AND ASSOCIATED POWERS. [Excerpt.] GERMAN PEACE DELEGATION, Among the most important contradictions of this kind [in concessions made but not contained in the text as handed over] the peace delegates cite: 1. On page 7 of the memorandum it is stated that Germany, as soon as it may be admitted to the league of nations, shall enjoy privileges resulting from the provisions relative to the freedom of commerce and commercial transit. On the other hand, on page 422 of the memorandum it is stipulated that for a period of five years the unilateral conditions of commercial traffic will be imposed on Ger many. (H) THE ALLIED AND ASSOCIATED POWERS TO THE GERMAN PEACE DELEGATION. PARIS, June 21, 1919. MR. PRESIDENT: By your letter of June 20 you have called the attention of the allied and associated governments to certain points on which, according to the German delegation, there is a difference between the text of the treaty and the memorandum which was handed you on June 16 in reply to the German observations. I have the honor to inform you that the views of the allied and associated governments upon these various points are as follows: 1. The declarations presented in the memorandum on page 71 and pages 42 and 43, instead of contradicting each other are complementary. The covenant of the league of nations declares that the members of the league will take the necessary steps to assure the guaranty and maintenance of freedom of communication and transit as well as the equitable treatment of the commerce of all members of the league. When Germany is admitted into the league she will share the benefits of these provisions with other countries. However, during the transitional period immediately after the peace, it is necessary to take account of the special conditions which are set forth on page 42 of the memorandum. The obligations imposed on Germany have, according to this statement, the character of measures of reparation, and their maintenance during the period of five years, far from being incompatible with the principle of equitable treatment, has for its purpose the assurance of its application thereto. The power assigned to the league of nations by articles 280 and 378 will be exercised in accordance with the same principle and in conformity with the spirit and the text of the covenant of the league. V. EXCHANGES OF NOTES ON THE LABOR PROVISIONS. (A) THE PRESIDENT OF THE GERMAN PEACE DELEGATION TO THE PRESIDENT OF THE PEACE CONFERENCE. [Translation.] GERMAN PEACE DELEGATION, To his excellency the President of the Peace Conference. SIR: With reference to articles 55 and 56 of the proposals for the establishment of a league of nations submitted by us, we beg herewith to transmit the draft of an international agreement on labor law prepared by the German Government. The German Government is of one mind with the allied and associated Governments in holding that the greatest attention must be given to labor questions. Domestic peace and the advancement of mankind depend vitally on the adjustment of this question. The demands for social justice repeatedly raised in this respect by the working classes of all nations are only partly realized in principle in Section XIII of the draft of peace conditions of the allied and associated Governments on the organization of labor. These sublime demands have for the most part been realized in Germany with the assistance of the working classes, as is generally acknowledged, in an exemplary manner. In order to carry them into execution everywhere in the interest of mankind, the acceptance of the program of the German delegation is at least necessary. We deem it requisite that all States should join the agreement, even though not belonging to the league of nations. In order to guarantee to the working classes, for whom the proposed improvements are intended, cooperation in the framing of these provisions, the German delegation is of the opinion that representatives of the national trade-union organizations of all contracting powers should be summoned to a conference at Versailles to discuss and take decisions on international labor law before the peace negotiations are terminated. The proceedings of this conference should, in the opinion of the German delegation, be based on the resolutions of the international trade-unions conference in Berne (Feb. 5 to 9, 1919) and the program 1 The articles referred to are as follows: For "55. One of the chief tasks of the league shall be to assure to the working classes of all member States an existence worthy of human beings and pleasure in their work. this purpose a special agreement, appended as a supplement, shall regulate for the workers the questions of freedom of movement, right of coalition, equality as between natives and foreigners in respect of conditions of work, labor arbitration, state insurance, protection of labor, conditions of home labor, supervision of labor, and the international realization and development of these standards. 56. For the supervision and extension of the labor code there shall be instituted a universal labor department in the chancellery of the league." |