ARTICLE III.

The Enemy Government recognises the right of the High Tribunal to impose upon any person found guilty the punishment or punishments which may be imposed for such an offense or offences by any court in any country represented on the High Tribunal or in the country of the convicted person. The Enemy Government will not object to such punishment or punishments being carried out.

ARTICLE IV

The Enemy Government agrees, on the demand of any of the Allied or Associated States, to take all possible measures for the purpose of the delivery to the designated authority, for trial by the High Tribunal or, at its instance, by a national court of one of such Allied or Associated States, of any person alleged to be guilty of an offence against the laws and customs of war or the laws of humanity who may be in its territory or otherwise under its direction or control. No such person shall in any event be included in any amnesty or pardon.

ARTICLE V

The Enemy Government agrees, on the demand of any of the Allied or Associated States, to furnish to it the name of any person at any time in its service who may be described by reference to his duties or station during the war or by reference to any other description which may make his identification possible and further agrees to furnish such other information as may appear likely to be useful for the purpose of designating the persons who may be tried before the High Tribunal or before one of the national courts of an Allied or Associated State for a crime against the laws and customs of war or the laws of humanity.

ARTICLE IV

The Enemy Government agrees to furnish, upon the demand of any Allied or Associated State, all General Staff plans of campaign, orders, instructions, reports, logs, charts, correspondence, proceedings of courts, tribunals or investigating bodies, or such other documents or classes of documents as any Allied or Associated State may request as being likely to be useful for the purpose of identifying or as evidence for or against any person, and upon demand as aforesaid to furnish copies of any such documents.

TREATY OF PEACE WITH GERMANY.

TUESDAY, AUGUST 12, 1919.

UNITED STATES SENATE,
COMMITTEE ON FOREIGN RELATIONS,

Washington, D. C.

The committee met, pursuant to adjournment, at 10.30 o'clock a. m., in room 426, Senate Office Building, Senator Henry Cabot Lodge presiding.

Present: Senators Lodge (chairman), McCumber, Brandegee, Fall, Harding, New, Moses, Hitchcock, Williams, Swanson, Pomerene, and Pittman.

STATEMENT OF MR. DAVID HUNTER MILLER.

The CHAIRMAN. The committee will come to order and I will ask Mr. Miller to take the stand. Mr. Miller, will you give your full name, please, to the stenographer?

Mr. MILLER. David Hunter Miller.

The CHAIRMAN. You are now in the State Department?

Mr. MILLER. Yes, sir; special assistant in the Department of State. The CHAIRMAN. You are a lawyer?

Mr. MILLER. Yes.

The CHAIRMAN. Will you give the name of your firm in New York? Mr. MILLER. Miller & Auchincloss.

The CHAIRMAN. You were in Paris, were you not?

Mr. MILLER. I was.

The CHAIRMAN. And in what position there?

Mr. MILLER. I went to Paris in November, attached to the mission of Col. House, which was then in Paris. When the American commission to negotiate peace arrived in Paris, I was attached to the American commission as one of the two techincal advisers, or legal advisers, of the commission.

The CHAIRMAN. As one of the legal advisers of the commission? Mr. MILLER. Yes, sir.

I left

The CHAIRMAN. It was after the armistice that you arrived in Paris? Mr. MILLER. I arrived in Paris on the 19th of November. before the armistice, and arrived there after the armistice. Senator BRANDEGEE. What year?

Mr. MILLER. 1918.

The CHAIRMAN. As one of the legal advisers of our commissioners, did you have any part in drafting the American plan for the league? Mr. MILLER. May I ask, Mr. Chairman, by "American plan" do you mean the plan which is printed in the Congressional Record?

The CHAIRMAN. The plan which was submitted by the President yesterday as the American plan, which is printed in the Congressional Record, of which I handed you a copy.

Mr. MILLER. I think not, Mr. Chairman.

The CHAIRMAN. You were not consulted about the drafting of the covenant of the league at all?

Mr. MILLER. Well, I was consulted about the drafting of the covenant, but your former question related to the American plan. The CHAIRMAN. Yes.

Mr. MILLER. I had submitted memoranda before I saw that plan, but I was not

The CHAIRMAN. You mean you had submitted memoranda to the American commissioners ?

Mr. MILLER. My recollection is that I submitted one memorandum to Col. House before the commission arrived in Paris, and that, together with Dr. James Brown Scott, I submitted another memorandum to the commission after they arrived in Paris.

The CHAIRMAN. Those memoranda related to the covenant of the league?

Mr. MILLER. Yes, sir; they related to a league of nations.

The CHAIRMAN. They were suggestions for a league covenant? Mr. MILLER. Yes, sir.

The CHAIRMAN. Did you see the resolution which Mr. Lansing drafted, which he put in here yesterday, the purpose being to lay down the principles upon which the covenant of the league should be drafted?

Mr. MILLER. I am not certain as to whether I did or not, sir. The CHAIRMAN. Do you know what became of that resolution of Mr. Lansing's, or what action was taken upon it?

Mr. MILLER. I do not.

The CHAIRMAN. When the commission arrived you submitted the memoranda in relation to the league?

Mr. MILLER. Only one memorandum. I think, after the commission arrived.

The CHAIRMAN. Was there a draft then made of the covenant of the league by the commission?

Mr. MILLER. Not that I know of, sir.

The CHAIRMAN. This plan that the President sent in yesterdaywhere did that come from?

Mr. MILLER. I suppose it came from the President. I saw it in printed form, as I recollect, in Paris.

The CHAIRMAN. You saw it then for the first time?

Mr. MILLER. After it was printed.

The CHAIRMAN. After it was printed-and did you have any discussion in regard to it?

Mr. MILLER. I discussed it with Col. House.

The CHAIRMAN. Was that plan that you then saw the same as the one in the printed form? I do not expect you to cover every detail. of course, but generally, was it the same?

Mr. MILLER. I have looked at it very hastily. It appears to me to be the same.

The CHAIRMAN. After that was submitted to you in printed form, I mean after it was shown to you in printed form by the President, there were no changes made in it?

Mr. MILLER. I do not quite understand.

The CHAIRMAN. I understood you to say that you first saw this plan in printed form, laid before the commission by the President. Mr. MILLER. Yes.

The CHAIRMAN. And I wanted to find out whether it was substantially the same. You think it was the same?

Mr. MILLER. I think the plan that I saw was the same as this plan which is printed in the record, although I have not read this with enough care to be positive as to that point.

The CHAIRMAN. No changes were made by the commission in the plan submitted by the President?

Mr. MILLER. Not that I know of. There was a subsequent draft submitted to the commission on the league of nations.

The CHAIRMAN. But this draft that we have here was not the draft submitted?

Senator BRANDEGEE. Submitted to whom?

The CHAIRMAN. To the commission on the league of nations appointed by the peace conference.

Mr. MILLER. I did not say that, or at least I did not intend to say that.

The CHAIRMAN. What became of this plan?

Mr. MILLER. I think it was submitted to the other members of the commission.

The CHAIRMAN. Of the American commission?

Mr. MILLER. Of the commission on the league of nations.

The CHAIRMAN. The commission on the league of nations appointed by the peace conference?

Mr. MILLER. I believe so. I did not personally have anything to do with that.

The CHAIRMAN. I had understood that you had some part in drafting the league of nations as it finally appeared.

Mr. MILLER. I did.

The CHAIRMAN. That is, as reported by the commission?
Mr. MILLER. Yes.

The CHAIRMAN. Did you appear before that commission?

Mr. MILLER. I was present at its meetings-that is, at the meetings of the commission on the league of nations of the peace conference. The CHAIRMAN. That was composed of how many persons?

Mr. MILLER. At the beginning it was composed of, I think, 15 persons, but after two or three meetings four other powers were represented, so that it became composed of 19 persons.

The CHAIRMAN. And that was the commission which drafted the covenant of the league as it now appears?

Mr. MILLER. It was.

The CHAIRMAN. Were the American plan and the Italian plan and the British plan and the French plan all submitted to that commis

sion?

Mr. MILLER. I believe they were.

The CHAIRMAN. What became of the other plans? Do you know? The President stated to us at the White House in March that the British plan was submitted as the foundation. That is, were the other plans withdrawn, or were they simply laid aside?

Mr. MILLER. No; they were not laid aside. They were there.

The CHAIRMAN. They took the British plan as the foundation for the work of the league commission, did they?

Mr. MILLER. No. The plan that was taken as the basis of discussion

The CHAIRMAN. Yes; that is what I mean

Mr. MILLER. Was not the British plan.

The CHAIRMAN. Whose plan was it?

Mr. MILLER. I think it was a combination of various features of various plans.

Senator PITTMAN. Mr. Chairman, I was present at the meeting at the White House to which you refer, and I want to go on record as saying that my memory does not serve me to the extent of remembering that the President stated that the British plan was taken as the foundation for the formation of the league. I understood the President to say at that time that it appeared that it was possibly more nearly like the British plan than others, but I certainly did not understand him to say that the British plan was taken as the plan.

The CHAIRMAN. I understood him to say that there were these four plans; that they were in agreement on the fundamental principles, but that the British plan was the basis of the covenant subsequently developed. That is what I understood him to say.

Mr. MILLER. I did not understand it that way.

Senator BRANDEGEE. I want to add my recollection of that meeting, because I am very positive about it. I made a statement about it at the time, the next day after the President talked with us; and my recollection of what he said is clear and positive, to the effect that he said that the plan proposed by Gen. Smuts was the plan that had been mostly before the commission, and that while that had not been adopted just as presented, it furnished a basis for the plan that was finally adopted.

Senator WILLIAMS. A skeleton structure.

Senator BRANDEGEE. Yes; words to that effect. He certainly mentioned the fact that the plan proposed by Gen. Smuts was the plan that the commission used in building up what turned out to be their report in favor of a covenant for a league of nations, and that the American plan and the other plans had been laid aside or put aisde. He did not say whether there had been any formal vote taken upon that or not. He said that the Italian plan had not been a complete plan, but was more of a skeleton of principles than it was a detailed plan.

Mr. MILLER. It was more a statement in the nature of a statement of principles.

Senator McCUMBER. I wanted to ask the witness whether it was his understanding that the plan that was proposed by Gen. Smuts was the plan that was followed to a greater extent than any other? Mr. MILLER. The plan that was proposed by Gen. Smuts was printed. It was available to anyone, printed, I think, in the paper, as well as in a pamphlet. The plan that was taken as a basis of discussion by the commission was a plan which was modeled, to some extent, on the other plans, but was not the Gen. Smuts plan itself. Senator MCCUMBER. When you speak of the British plan, do you mean to be understood as speaking of the Gen. Smuts plan?

Mr. MILLER. Yes, generally; although I think there was another British pamphlet which embodied it.