Treaty of peace with Austria. Letter

Front matter

1st Session }) ( SENATE

\ 66th Congress X gcmatt?

TREATY OF PEACE WITH

Section I. Italy

In the ''redaction" which follows the observation presented by the Austrian Delegation, modifications are proposed to article 40 (46) and 44 (50) without any argument being presented to their support. It is out of the question to touch article 40 (46) . One could not impose upon the Italian government the obligation of paying for a palace that it has claimed by perfect right as property of the old republic of Venice. The transfer of this palace should have taken place when Venice was incorporated in the Kingdom of Italy. Particular circumstances of an exclusively political character alone have prevented until now the carrying out of this claim. As to article 44 (50), the disposition of the last paragraph relative to Lake Raibl, has no other end than of guaranteeing to Italy the full enjoyment of the use of the waters of this lake to the exclusion of every contrary protection, either of Austria or of its nationals.

In these conditions, the proposition of the Austrian Delegation, which is otherwise not justified, appears unfounded.

TREATY OF PEACE WITH AUSTRIA.

SECTION V (i). PROTECTION OF THE MINORITIES.

The Allied and Associated Powers have received the observations of Austria concerning wSection 5 of Part III of the Peace terms containing articles for the protection of minorities. They remark that the Austrian Delegation appears to be in accord with the Allied and Associated Powers in deeming that the stipulation of these guarantees in favor of race minorities, of language and of religion, will very much aid in establishing relations between the peoples of Europe. The Austrian commentary evidences a desire to cooperate in the solution of one of the most difficult and most complex problems of Europe. The amendments suggested by the Austrian Delegation concerning these clauses have been carefully examined by the Allied and Associated Powers. The observations bear especially upon the two clauses which have relation to the enforcement by the League of nations of the guarantees given to the minorities. The Austrian Delegation recognizes that this right for the League of nations constitutes a question of international interest and it is in accord with the Allied and Associated Powers in recognizing the necessity of conferring upon the League of nations the necessary power to safeguard the stipulated guarantees. The Austrian Delegation has criticized the wording of article 62 (79) and 69 (87)' relating to the League of nations and has directed attention to some doubts which might arise in the application of these articles. The desires of the Austrian Delegation will be in a large measure satisfied if these clauses are conformed to the analogous clauses already introduced in the Treaty between the Principal xillies and Associates and Poland. It seems that this Delegation may also desire the duties imposed upon the Austrian State, in so far as possible, identical with those undertaken, by the other states composing the old Austro-Hungarian empire.

The Allied and Associated Powers have, therefore, modified these articles to make them agree with the clauses inserted in the Treaty with Poland. As revised, these clauses define more precisely the jurisdiction of the League of nations and the procedure in its exercise. The old wording has been criticized because it allowed the League of nations to intervene in a difference between the Austrian, state and a particular [one of its members]. From the present Treaty, it will now clearly appear that the Council of the League of nations will only act upon the request of a state which is a member of the Council. The conferring of jurisdiction upon the Permanent Court of international justice established under the League of nations underlies the juridical character of the differences which can be raised and fully responds to the desire of Austria of restraining the possibilities of political intervention in this case. Thus disappear apppearances of contradiction between the old article 87 which limited the protection of the League of nations "to the clauses which have to do with racial, religious, and linguistic ' minorities' and the old article 79 which conferred jurisdiction upon all the obligations contained in the present Section."

If difficulties ensued in the execution of these clauses their modification would be facilitated by a stipulation indicating that it can be effected with the assent of the majority of the Council of the League of nations and that the Allied and Associated Powers now do not refuse their assent to any modification of this nature.

TREATY OF PEACE WITH AUSTRIA.

SECTION VI. NATIONALITIES.

The Allied and Associated Powers do not refuse to give satisfaction in so far as possible to the observations by the Austrian Delegation upon the subject of nationalities. The dispositions relative to these questions are brought together in a special section; the Allied and Associated Powers, further remark that the words " Austrian citizens" in the Treaty designate the citizens of the Austrian State beginning when the Treaty is put into effect; the words " citizens of the old Austro-Hungarian monarchy before the Treaty goes into effect." The modifications made in the first text take account in the measure possible of those observations of the Austrian Delegation which have appeared justified, as regards the possible contracidtion

This is so that save certain clearly defined exceptions all having citizenship in a territory previously forming part of the territories of the Austro-Hungarian monarchy, will acquire complete right, and to the exclusion of Austrian nationality, the nationality of the State exercising the condition under which persons will be able to use the right of option, are precisely stated. On the other hand the Austrian Delegation has signalized the possibility offered to Austrian subjects of avoiding legal obligation incumbent upon Austrian citizens. It is observed here that option is granted only on condition that the persons who make use of it transport their domicile out of Austrian territory.

This is already a check to the attempts which some Austrians would make to continue benefiting by a sojourn in Austria without bearing the resultant burdens. Moreover, the Austrian Delegation itself recognized that the interested States will entertain demands of option only when they are based upon serious indications permitting of determining that the claimant is justified in claiming the nationality that he solicits. To consider as without value a demand based upon community of language or of origin is to contest all the essential principles upon which nationality is established. The new States have otherwise no interest in augmenting the number of those of their citizens who neither by race or by true sentiments belong to their nationality. In short, there is no cause to fear persons desirous of avoiding obligations resulting from the Treaty which affect alone the Austrian citizens, can escape them by option, for the dispositions of the Treaty in excluding from its burdens the Austrian citizens having acquired new nationality, have carefully and distinctly required that they must have acquired this nationality in "full legality." . The fears expressed by the Austrian Delegation regarding this rest upon a misunderstanding. The observation concerning article 90 (86) attribute to the Allied and Associated Powers reserves and intentions which they have not and could not have. It is also not very likely that the circumstances raised by the Austrian Delegation should be of a nature to exercise any influence whatever upon the determination of an individual to change or not to change his nationality; this could happen only in extremely rare cases. The wording of the article has been, however, modified to take account of these observations.

between certain dispositions transferred territories.

TREATY OF PEACE WITH AUSTRIA.

SECTION VIII.1 GENERAL DISPOSITIONS.

It has appeared useful to consecrate by a special disposition the principles recognized by the Treaty concluded with Germany (article 80), that the independence of Austria is inalienable ; it could be otherwise only with the consent of the Council of the League of Nations. There have been equally inserted in Section VIII, articles 93 and 94, the dispositions regulating, in the most equitable manner, the transmission, or, according to the case, the communication of archives or other documents interesting the transferred territories. The Allied and Associated Powers have not believed it their duty to take account of the objections relative to article 91 (90), which otherwise contains in the 2nd line a necessary disposition for preventing in advance all obstacles eventual to the regulation of the juridical situation of the territories which have not been attributed to a determined State.

Part Iv.— Austrian Interests In Countries Other Than European

The Allied and Associated Powers think there is no reason for modifying materially the provisions found in Part IV of the conditions of Peace relating to " Austrian Interests in countries outside Europe." Most of the counterproposals presented by the Austrian Delegation proceed from the principle that Austria can not be regarded as bound for the entire former Austro-Hungarian monarchy. But the Allied and Associated Powers considered that Austria is one of the succeeding States of Austria-Hungary. They affirm, moreover, that Austria does not intend to refuse that heritage when it is of value to her in retaining her diplomatic and consular buildings in Siam (art. Ill (108)) and in China (art. 115 (112)), and that she does not hesitate to claim that heritage as a basis for her request to remain in possession of real property in Morocco (99 (96)) and in Egypt (art. 108 (105)) or to reserve for herself the possibility of obtaining her quota of the indemnity fixed in the final Protocol signed at Pekin on the 7th of September, 1901 (art. 113 (110)).

The Allied and Associated Powers consider that Austria is bound by the treaties and obligations agreed to by the former Austro- Hungarian monarchy. They are obliged to ask her to formally renounce, as far as concerns her, the rights, titles, and privileges that have appertained to that State, and particularly those that came to her in consequence of the Act-general of Algeciras and in consequence of some Franco-German agreements relative to Morocco (art. 96 (93)) of the regime of the capitulation in Egypt (art. 99 (102)), or of the provisions of the final Protocol of Pekin (art. 113). They cannot otherwise guarantee to the Austrian representatives in Morocco (art. 98 (95)), in Egypt (art. 105 (102)), and in China (art. 114 (111)) a treatment as favorable as that the citizens of the powers members of the League of Nations in general, under the jurisdiction of the Powers, will enjoy; for by so doing they would grant to Austria, before her admission to the League of Nations, the benefit of that admission.

The Allied and Associated Powers have applied a common principle of international law in ordering that all property and proprietary rights that have belonged to the ancient Austro-Hungarian monarchy,

» Old Section VII.

TREATY OF PEACE WITH AUSTRIA.

a hostile State, in Morocco, in Egypt, in Siam, and in China should be ceded to the Government of the Maghzen (art. 98), to the Egyptian Government (art. Ill), to the Chinese Government (art. 113). They see no reason to extend to all non-European countries without exception the derogations which they have been able to consent to for exceptional reasons, either in European territory or in Siam or China. So far as concerns this last country, they deem that the lodgments of this detachment of the former Austro-Hungarian marine do not differ from the " barracks," the conditions of which are regulated by article 115, and cannot be classed as Diplomatic and Consular buildings, as desired by the Austrian Delegation.

The Allied and Associated Powers have applied to the liquidation of rights of property and possession of the Austrian citizens in Morocco (art. 96), in Egypt (art. 108), in Siam (art. Ill), and in China (art. 117 (116)) the general dispositions provided by Section IV of Part X of the Treaty.

The Allied and Associated Powers would fail in the solidarity which they have desired to consecrate by a general treaty, if recognized in this Treaty the direct understandings that Austria asks to conclude with Siam and China.

They deem that Austria is not justified in demanding the advantages that she wished to assure to herself by these understandings.

On the other hand, the internment of enemy citizens by the Allied and Associated Powers constitutes a measure of security that does not admit of a claim for indemnity against these Powers. On the other hand, the Allied and Associated Powers having decided that China would be definitely freed from obligations to Austria-Hungary, as well as to Germany, imposed by the final Protocol of September 7, 1901, are not disposed to contemplate that China would be able to renew these obligations for the benefit of Austria. At the same time, the Allied and Associated Powers have taken account of the Austrian observations by making more precise the wording of articles 95, 111, and 115.

Part V.— Clauses Relating To The Army, Navy, And Naviga- Tion Of The Air

After an examination of the Austrian counter-proposals the Allied and Associated Governments have made the following decisions with regard to the clauses that relate to the Army, Navy, and Navigation of the Air.

CLAUSES THAT RELATE TO THE ARMY.

1. The modification proposed to article 118 (115) would have for effect the postponing to an indefinite date the demobilization of Austrian military forces; an operation that, according to the decision of the Allied and Associated Powers, ought to be terminated in three months.

TJiis modification can not he granted.

2. The aim of the modifications proposed to articles 119 (116), 125 (122), 126 (123) is the authorization of the Austrian State to establish a militia, for officers as well as for the troops, in which military instruction would be given to the total legal population and which would constitute, in this manner, the nucleus of an important

TREATY OF PEACE WITH AUSTRIA.

military force, without ever being in a situation otherwise, to meet the obligations imposed in article 120 (H7) of the Treaty of Peace.

Whatever may be the value of the arguments of a financial order brought forward by the Austrian Delegation, the institution of a military regime depending upon obligatory service is absolutely contrary to the principle of reduction of armaments which the Allied and Associated Powers have held it necessary to impose upon their former enemies as the sole means of assuring in future the security of world peace.

These modifications can not therefore be granted.

3. The modification proposed to article 123 (120) would authorize the Austrian Government to increase, at will, the number of gensdarmes, customhouse officers, foresters, and policemen, at the same time observing strictly the prohibition forbidding them military instruction.

This modification can not be admitted.

4. The modification proposed to articles 130 (127) and 133 (130) which has for aim the extension from 3 to 6 months for the delivery of the existing war material in excess of the total amount authorized, does not appear to be justified by any material inability.

This modification has been refused.

In the event, however, that some inability of this nature should present itself, it would be the- duty of the inter-allied Commission of Control to point it out and to propose the measures to take in consequence.

This material being, on the other hand, property of the State, it is not justified that its value be credited to the Austrian State in view of indemnities to be paid by that State (art. 133).

The addition proposed, with this end in view, to article 133 (130 ) has, therefore, been refused.

5. The modification proposed to article 132 (129) appears to have in view the safeguarding of the industrial interests, flourishing in Austria, in the manufacture of munitions and war material, and for the chase. As far as the arms and ammunition for hunting are concerned as well as explosives materials intended for use in mines and other technical works of a purely commercial order article 132, as it is written in the Terms of Peace communicated by the Allied and Associated Powers, does not prohibit the manufacture.

As to the manufacture of munitions for export, for which authorization is requested by the Austrian Delegation, it can not be allowed without necessitating a rigorous and permanent control, full of difficulties, and which the Allies have no intention of considering.

The modifications requested to article 132 have not been admitted.

The Allied and Associated Governments think they should specify, nevertheless, that the manufacture of fowling-pieces is permitted under the reservation that no gun manufactured in Austria to be used with shot may be of the same caliber as that of the guns used in any of the European armies. Accordingly, the following note will be inserted between the first and second paragraph of Article 132 of the Treaty of Peace presented to the Austrian Delegation. The manufacture of fowling-pieces is not prohibited under the reservation that no gun manufactured in Austria and utilizing shot will be of the same caliber as that of the guns used in any of the European armies.

6. The modification requested to Article 134 is likewise useless.

TREATY OE PEACE WITH AUSTRIA.

NATAL CLAUSES.

The addition requested to Article 136 (133) (authority for maintaining three vessels for reconnoitering on the Danube) has been granted under the reservation that the selection of the ships will be effected by the Commission, the designation of which has been provided in Article 154 (150) of the present Treaty.

The addition proposed by the Austrian Delegation in their article 138 has been twice granted, as far as it concerns paragraph I, on condition that the paragraph which will form article 142 be written as follows: Austria is held responsible for the delivery (arts. 136 and 141 (138) ), the disarmament (art. 137 (134) ), the destruction (art. 138 (135) ), as well as (art. 137) or for making use of (art. 136) the objects mentioned in the preceding articles, only in so far as the objects concerned Germans on her territory.

The addition proposed to paragraph 2 can not be granted because,, that material being the property of the State, it is not justified that its value be credited to the Austrian State in view of indemnities to be paid by that State.

CLAUSES RELATING TO AVIATION.

The observations presented by the Austrian Delegation have reference to articles 144, 145, 147, 148, (140, 141, 143, 144) relative to:

1. The suppression of military and naval Aeronautics (art. 144):

2. The demobilization of the personnel (art. 145);

3. Prohibition of manufacture, of importation and exportation (art. 147);

4. The Delivery of material (art. 148).

(a) Suppression of naval and military aeronautics (art. 144). — In determining this suppression the Allied and Associated Powers are animated only by the desire expressed in the introduction to the Treaty of Peace, to wit: The establishment of a durable peace, just and solid. This peace would not be assured if their former enemies retained at their disposal an instrument of aggression as powerful as an air ship built in the prospect of war.

It is, therefore, necessary that the employment of aeronautics be prohibited them in the future. This has been already decided for Germany; there is no reason for making an exception in favor of Austria. It is incontestable that this prohibition leaves Austria disarmed over against her neighbors, but her admission to the League of Nations, viewed as a brief delay, after the ratification of the Treaty of Peace, constitutes for her the best guarantee against all aggression. Under these conditions the armed forces of Austria will have only to assure order in the interior, the principal object that is assigned to them by the Treaty of Peace. For these police operations aviation is not necessary.

(6) Demobilization of the personnel (art. 145). — The expert workmen in aeronautics, mechanicians, electricians, carpenters, sailors, smiths have no difficulty in getting employment hi other industries. These specialists are in g*eat demand, and the offers are such in France and in Engl n I that the army is poweitass to retain them hi its ranks in even the small proportions necessary for its most indispensable needs. Austria ought to have conjectured long since that S. Doc. 121, 66-1 2

TREATY OF PEACE WITH AUSTRIA.

her aeronautics industries, by her own avowal, solely military, could not continue to employ a personnel so numerous, and by a progressive demobilization she ought to ha'^e guarded against the inconveniences of a sudden disbanding of that personnel.

(c) Prohibition of manufacture, of importations, and of exportation (art. 147). — The maintenance of these prohibitions is enjoined under the same title as that of the terms imnosed in the preceding articles and of which they are the indispensable complement.

What end would be served, in fact, by issuing a decree for the suppression of military aeronautics in Austria, if bv granting her the liberty of aeronautic manufacture and importation the possibility of restoring her destroyed material were le^t to her ?

As to her defense for exporting, she justifies herself bv this fact, that all the material actually existent in Austria is war material. Having become useless in Austria, it could serve only for the arming of other states, for the commercial utilization of such material, an utilization to which it is not adapted, is not to be considered.

Furthermore, it is an exaggeration to pretend that the prohibitions above are of a nature to oppose the restoration of economic life in Austria.

In fact, the development of aviation in civil life is dependent unon improvements the realization of which is not, for a short while, to be considered. The decision of the Supreme Council limiting the duration of these prohibitions to six month*, in spite of the danger consequent upon the ease with which everything aeronautic can be adapted to military ends, whatever may be the destination, danger that military experts without exception concur in recognizing, safeguards that development in every degree possible. This decision constitutes, therefore, a minimum guarantee of security without compromising irremediably the future of aeronautic industry in Austria in the productions of peace.

In short, one cannot forget that Austria was the ally of Germany. The liberties that she requests in production and in traffic, if they were granted her, would offer to Germany every facility for evading the especial terms that have been imposed upon her either by concealing her material under the Austrian flag or by issuing commands in Austria in order to renew her reserves for war.

(d) Delivery of material (art. 148). — Since all the material existent in Austria is war material, it is logical th^t this be delivered entire. The harm that will result to her industrial enterprises, though it may be great, is not fatal; one cannot, in every instance, be influenced by this consideration, these industries having been engaged to the present time only in work for the war.

With respect to the proposal for the disarming of implements, that does not constitute a security worthy of being taken into consideration, since the re-arming can become operative under standards of rapidity that take away all value from the measure proposed.

On the whole, the Allied and Associated Powers decide that there is reason to insist on the clauses in the Treaty of Peace relative to Austrian military and naval aeronautics without modification.

Although the aerial forces that Austria can put in line are unpretentious, they constitute none the less, in the eventuality of an entente with Germany, a danger against which it is fitting to fortify oneself.

TREATY OF PEACE WITH AUSTRIA.

In every instance all the measures taken to disarm Germany would become completely illusory if her neighbor remained in a condition to lend to her military or industrial contribution in order to aid her to reorganize under cover her battle fleet. In order that these measures may be really effective it is altogether necessary to apply to the two countries the same treatment.

The considerations of an economic order that Austria holds important in order to escape this treatment are not valid, for the clauses that are forced upon her are not of a nature to do as grave injury to her industries as she pretends.

GENERAL CLAUSES.

1. The modifications demanded to article 156 (152) tend to postpone until July 1 the putting into force of the stipulations provided in the general clauses of the Treaty, the execution of which ought to be realized three months subsequent to the text published by the Allied and Associated Powers. This modification is not allowed.

2. The modification proposed to Article 157 (153) subordinate to a decision of the Council of Nations the tenor of the obligations imposed upon Austria.

This modification is not allowed.

At the same time the dispositions of Paragraph 4 of Chapter 1 (Military Clauses) of the armistice of Nov. 11, 1918, having been conceived in view of eventualities that the actual situation seems to have done away with, there is no need of maintaining these dispositions.

The text of Article 157 will therefore be modified and consequently the text revised as follows: The following dispositions of the Armistice of Nov. 11, 1918, paragraphs 2, 3, and 6 of Chapter .1 of the rannexed Protocol (Military Clauses) remain in force as far as they sare not inconsistent with the above stipulations.

Part Vi.— Prisoners Of War

The modifications proposed by the Austrian Delegation bear upon articles 160 (156)-169 (165) of the Peace conditions. The Allied :and Associated Powers think there is no reason for their changing their previous decisions.

The Terms of Peace realative to prisoners of war and to interned civilians are prompted by principles of human kindness which the Allied and Associated Powers have always held it an honor to respect, and these powers cannot admit as legitimate the mournful complaints that are expressed in the Austrian note of July 26th. The counterproposals of August 6th, found in another part, contain nothing that induces them to modify their opinion on this subject.

The Austrian Delegation demands that it be specified that article 160 has not to do with the repatriation of citizens of the new Austrian Kepublic and that the provisions of that article cannot be applied to the citizens of the other States formed by the dismemberment of the former monarchy.

It will be shown by a careful reading of the article, in its own text, that it has reference exclusively to the prisoners of war and interned civilians of the Kepublic of Austria; consequently the evident fear

TREATY OF PEACE WITH AUSTRIA.

on the part of the Austrian Delegation that Austria may have to bear, either responsibility or expenses for the repatriation of prisoners of war and of the interned citizens in other states that have been formed by the dissolution of the monarchy, is without foundation. The modification asked for is useless.

The Allied and Associated Powers share the desire of the Austrian Delegation to have relieved the sufferings of the Austrian prisoners of war or interned civilians, who are actually retained in Siberia or in Central Asia; they will be happy to do all in their power to mitigate these sufferings and to allay at the same time the inevitable anxiety of the prisoners' families. But the}T are bound to have noticed that the unhappy situation is one for which they are not responsible and that, moreover, there does not exist in Russia a recognized government with which they may enter into relations to that end.

They are ready, nevertheless, to do their utmost, by uniting their own efforts and the assistance that they can furnish to the Austrians' own countrymen, to bring about that repatriation just as soon as the opportunity presents itself.

The other suggestions of the Austrian Delegation have not appeared deserving of reception. No reason exists for applying to the transport of Austrian prisoners rules different from those applied to the German prisoners; furthermore no reason exists for modifying the terms of peace concerning the prisoners who will necessarily be detained by the Allied and Associated Powers. They have never thought to retain the prisoners who have rendered themselves culpable by acts of indiscipline or disobedience, save exception provided for in paragraph 2 of article 164; only criminals under common law for whom the quality of prisoners of war ought not to constitute a guarantee of impunity will be detained; the common law crime is also punishable if it has been committed in an attempt to escape as in any other circumstance.

On the other hand, the Allied and Associated Governments do not see any reason obliging them again to receive upon their territories trie Austrian prisoners who were formerly domiciled there and who were compelled to leave there as a consequence of war.

The war for which the Allied and Associated Governments are not responsible is one whose consequences will long be felt. Would it be just to abolish the effects for the Austrian prisoners alone? As to requiring a captor State to give a certificate to prisoners suffering from infirmities consequent upon labors in captivity, this is a proposition of which the realization would be often very difficult and undemonstrated utility.

The Austrian Delegation demands, in short, reciprocity in the clauses relative to search for the missing and in the restitution of the objects belonging to Austrian citizens, prisoners or interned. As formerly to the German Delegation, the Allied and Associated Governments reply to the Austrian Delegation that the restitution of personal property to these citizens is a legal right which it intends to fully respect; similarly they have always felt it incumbent upon them to furnish all the information they possess upon the missing. There is no need of inserting special dispositions to impose respect for laws wrhich they always spontaneously recognized and sanctioned.

TREATY OF PEACE WITH AUSTRIA. 21 PART VII. — PENALTIES.

No concession can be granted to the Austrian Republic concerning penalties. The Allied and Associated Powers are disposed to admit that new States, issuing from the former Austro-Hungarian Empire, are comnosed of populations having " belonged to the different nationalities of the former Monarchy." They deem, however, that nothing justifies the conclusion from this fact that the present Austrian State can be assimilated to said States, as to the responsibilities proceeding from the violation of the law of nations brought to the charge of the Austro-Hungarian armies. These " different nationalities" in revolt have manifested a desire for independence by conclusive indications, such as the organizing of legions of volunteers who have actually participated in military operations on the side of the Allied and Associated forces.