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In respect to private rights Germany contends that freedom of intercourse between the parties should be granted, as well as their free right of determination concerning assertion, remission, alteration, and postponement of the claims covered by the clearing system 'It must be stated that these two principles, namely, the principle of complete reciprocity and the principle of maintaining the right of free disposal of the parties, have been violated by [certain provisions of the draft Treaty].'

In respect to labour, Germany contends that the general principles laid down in Article 427 lack the first essentials for the recognition of the equal rights of the workingmen of all lands, namely, the right of free movement. Germany wishes to ensure to the workers of the whole world their free and equal rights'.

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A permanent peace can never be established', declares Germany, in reference to guarantees, upon the oppression and the enslavement of a great nation'.1

(b) The Powers' Application of the Principle. In their Letter and Reply of the 16th June 1919, the Allied and Associated Powers base their whole attitude towards the draft Treaty upon the fact that the war was 'the greatest crime against humanity and the freedom of peoples that any nation, calling itself civilized, has ever consciously committed'. Germany was not content to maintain a recognized position in the society of free and equal peoples': she sought to 'dictate and tyrannize over a subservient Europe'. 'The Allied and Associated Powers believe that they will be false to those who have given their all to save the freedom of the world if they consent to treat this war on any other basis than as a crime against humanity and right.' A peace of right demands, in accordance with the agreed terms, the 'freeing of oppressed peoples; as, for example, the freeing of the Polish people. In their comments on the territorial and political clauses of the draft Treaty the Powers declare that they have applied the fundamental principle of liberation. "The legitimate hopes of peoples long under alien rule have been heard' by the framers of the draft Treaty. National aspirations have been accorded the utmost possible satisfaction, in accordance with the 1 See Part XII, § v (s.v. Democracy, pp. 359-60).

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principles of the pre-Armistice Agreement. The German Delegation protest against certain of these territorial settlements by the Powers. Arising out of the territorial settlement,' continue the Allied and Associated Powers, are the proposals in regard to international control of rivers. It is clearly in accord with the agreed basis of the peace that inland States should have access to the sea along rivers which are navigable to their territory. They believe that the arrangements they propose are vital to the free life of the inland States.' '[The] great factor of freedom of communication must rank first.' Germany cannot be admitted to the League of Nations as one of the conditions of peace. 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.'

The Powers declare that for them a certain freedom of action during the period of transition [after the War] is vitally necessary'. The League of Nations will, under the Covenant, provide for economic freedom'. Germany will enjoy these benefits so soon as she is admitted to the League.

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(11) Guarantees.1

The pre-Armistice Agreement had stipulated for a guaranteed peace. There seems to have been no dispute as to the binding character of this principle; but there arose fundamental differences of opinion between the two sets of negotiators as to the nature and scope of the guarantees.

In considering the territorial clauses of the draft Treaty, Germany declares her readiness to grant France' compensation for her destroyed coal mines with all justified guarantees'; but she cannot agree to the arrangements of the draft Treaty in respect to the Saar region. In compliance with the preArmistice Agreement, Germany is also prepared to grant to Poland, under international guarantees, free and secure access to the sea'; but she cannot consent to the provisions of the draft Treaty in regard to Danzig.

The Powers contend that, in the provisions of the draft Treaty respecting the German colonies, they have not only considered the interests of the populations; they have also

1 See also Part XII, § IV (s.v. League of Nations, pp. 356–7).

'felt compelled to safeguard their own security and the Peace of the world against a military imperialism which sought to establish bases from whence it could pursue a policy of interference and intimidation against the other Powers.'

The Powers declare, in reference to the military, naval, and aerial clauses, that Germany's reduction of armaments is the first step towards the prevention of war. It will be one of the first duties of the League of Nations to promote this object by a general reduction of armaments by all members of the League.

The Powers maintain that the provisions of the draft Treaty in regard to penalties, which represent a departure from earlier settlements, will act as a deterrent and help to prevent the renewal of war.

§ VI. TERRITORIAL AND POLITICAL TERMS AND PRINCIPLES 1

A. General Principles of Settlement.

(1) Self-determination.

(2) Nationality.

(3) Equality of Nations.

(4) Common Rights and Interests of all Nations.

(5) Justice.

(6) Right.

(7) Freedom.

(8) Wishes, Natural Connexions, Racial Aspirations, Security, and Peace of Mind of Peoples.

(a) Religious, Racial, Linguistic, Geographical, and Economic Factors and Conditions. In reference to the boundaries of Germany and the political clauses for Europe the Powers declare that every settlement of the [draft] Treaty of Peace has been determined upon after most careful and laboured

1 The discussion of the application of the important Principles 1-7, and 11, (c) and (p. 387, to the territorial and political settlement will be found in Part XII, § v (General Principles of the Peace Settlement), supra, under the appropriate headings. The principles of self-determination and nationality are applied by the parties almost exclusively to the territorial and political settlement; but they are to be regarded as principles of wider scope, affecting other aspects of the settlement as a whole.

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consideration of all the religious, racial, and linguistic factors in each particular country'. The fact that in 1814-15, when Eupen and Malmedy were assigned to Prussia, account was not taken of geographical or linguistic frontiers', is given by the Powers as one of the reasons for the cession of those territories to Belgium. In re-establishing the Polish State 'it has been the special concern of the . . . Powers to provide for the adequate protection of the Germans who will find themselves transferred to Poland, as well as of all other religious, racial, or linguistic minorities'. On the basis of the plebiscite in the northern districts of Schleswig there will be a precise delimitation of the frontier between Germany and Denmark-a delimitation in which geographic and economic conditions will be taken into account'.

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In

(b) Close Political, Economic, and Social Relations. reference to the boundaries of Germany and the political clauses for Europe both Germany and the Powers base arguments against or for cession of territory upon the close political, economic, and social relations of the territory in question with the rest of Germany or with the State to which such territory is to be ceded.

Thus, Germany declares that she ought not to be compelled to cede Upper Silesia to Poland, for it has been in close political connexion with Germany for more than seven hundred and fifty years, is instinct with German life, and forms the very foundation of industrial life throughout East Germany'. ' Germany cannot dispense with Upper Silesia, whilst Poland is not in need of it.' 'The cession of the greater part of West Prussia would completely sever East Prussia from the German Empire.' A'connecting bridge between Germany and East Prussia. absolutely must be preserved to Germany'.

The Powers declare that the territories of Eupen and Malmedy have continued [ever since they were assigned to Prussia in 1814-15] in close economic and social relations with the adjacent portions of Belgium'. This is one of the several reasons which justify the union of those territories to

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1 The Powers state in their Reply of 16th June 1919, that union' to Belgium is justified, provided the petitions to this effect are sufficiently supported by the population of the district. The Treaty makes provision for consulting the population under the auspices of the League of Nations.'

Belgium, provided the plebiscite supports this settlement. The interests which the Germans in East Prussia . . . have in establishing a land connexion with Germany, is much less vital than the interest of the whole Polish nation in securing direct access to the sea'. In reference to Posen and West Prussia the Powers declare that they have left to Germany those districts on the West in which there is an undisputed German predominance in immediate contiguity' to German territory.

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(c) Free and Secure Access to the Sea. Germany recognizes that she is bound by Point 13 to assure to Poland a free and secure access to the sea'. To fulfil her obligation' Germany declares her readiness to make Memel, Königsberg, and Danzig free ports, to grant far-reaching rights to Poland in these ports, and to make arrangements with Poland in reference to the use of railways and the navigation of the Vistula.

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The Powers declare, in dealing with the settlement of East Prussia, that the interests which the Germans in East Prussia, who number less than two millions, have in establishing a land connexion with Germany, is much less vital than the interest of the whole Polish nation in securing direct access to the sea'. The city of Memel, as distinct from the district of Memel, is in large part German'; but this fact, assert the Powers, is no justification for maintaining the district under German sovereignty, particularly in view of the fact that the port of Memel is the only sea outlet for Lithuania'. Poland, again, justly claims that the port of Danzig, although its population is predominantly German', must be under her control, for it is her sole opening to the sea'.

It is a striking fact, it may be remarked, that in the case of the ports of Memel and Danzig the Powers, confronted with the choice between the two opposing principles of nationality and access to the sea, deliberately set aside the principle of nationality and apply that of access to the sea for inland States.

In dealing with waterways the Powers state, in general terms, that the draft Treaty provides for inland States free and secure access to the sea along navigable rivers, as stipulated in the pre-Armistice Agreement.