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TREATY ESTABLISHING PENDLY RELATIONS.
Signed at Vienna August 24, 1921; ratification advised by the Senate October 18, 1921; ratified by the President October 21, 1921; ratified by Austria October 8, 1921; ratifications exchanged at Vienna November 8, 1921; proclaimed November 17, 1921.
(Treaty Series, No. 659; 42 Statutes at Large.)'
Preamble reciting pertinent stipulation of joint resolution of Congress of July 2, 1921.
I. Rights, privileges, etc., of United States under treaty of St. Germain-en-Laye.
II. Parts of that treaty ander which United States does and does not claim rights, privileges, etc.
The United States of America and Austria:
Considering that the United States, acting in conjunction with its cobelligerents, entered into an Armistice with Austria-Hungary on November 3, 1918, in order that a Treaty of Peace might be concluded;
Considering that the former Austro-Hungary Monarchy ceased to exist and was replaced in Austria by a republican Government; Considering that the Treaty of St. Germain-en-Laye, to which Austria is a party, was signed on September 10, 1919, and came into force according to the terms of its Article 381, 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 2d, 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 and Royal Austro-Hungarian Government and the United States of America by the joint resolution of Congress approved December 7th, 1917, is hereby declared at an end.
"SEC. 4. 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 Novmeber 3d, 1918,1 or any extension or modifications thereof; or which were acquired by or are in the possession of the United States
1 For text see p. 3141.
29479-S. Doc. 348, 67-4 -3
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 St. Germain-en-Laye or the Treaty of Trianon, 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.
"SECT. 5. All property of the Imperial German Government, or its successor or successors, and of all German nationals which was on April 6th, 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 December 7th, 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 31st, 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 of America most-favored-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 its 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 Austro-Hungarian Government or Austro-Hungarian nationals, and shall have waived any and all pecuniary claims against the United States of America."
Being desirous of establishing securely friendly relations between the two Nations;
Have for that purpose appointed their plenipotentiaries;
ARTHUR HUGH FRAZIER,
and the Federal President of the Republic of Austria:
Who, having communicated their full powers, found to be in good
Austria undertakes to accord to the United States and the United
With a view to defining more particularly the obligations of
(1) That the rights and advantages stipulated in that Treaty for
(2) That the United States shall not be bound by the provisions
(3) That the United States assumes no obligations under or with
(4) That, while the United States is privileged to participate in
(5) That the periods of time to which reference is made in Article
The present Treaty shall be ratified in accordance with the consti-
1 See p. 3149 for complete text.
In witness whereof, the respective plenipotentiaries have signed
Done in duplicate in Vienna this twenty fourth day of August,
[SEAL.] ARTHUR HUGH FRAZIER.
WARREN G. HARDING,
President of the United States of America,
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:
And Whereas, the Senate of the United States, by their resolution
NOW, therefore, be it known that I, Warren G. Harding, Presi-
IN TESTIMONY WHEREOF, I have caused the seal of the
Given under my hand at the City of Washington, the twenty-first
By the President:
Secretary of State.
1 Printed above.
AGREEMENT EXTENDING THE DURATION OF THE ARBITRATION CONVENTION OF JANUARY 15, 1909.
Signed at Washington May 6, 1914; ratification advised by the Senate May 20, 1914; ratified by the President May 27, 1914; ratified by Austria-Hungary May 13, 1914; ratifications exchanged at Washington May 28, 1914; proclaimed May 28, 1914.
(Treaty Series, No. 592; 38 Statutes at Large, 1783.)
I. Extends convention five years.
The President of the United States of America and His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, being desirous of extending the period of five years during which the Arbitration Convention concluded on January 15, 1909,1 is to remain in force, have resolved to conclude the following Convention and for that purpose have appointed their Plenipotentiaries:
The President of the United States of America, the Honorable William Jennings Bryan, Secretary of State of the United States; and
His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, Constantine Theodore Dumba, Grand Cross of the Order of Francis Joseph, 3rd Class Knight of the Order of the Iron Crown, His Majesty's Privy Councillor, Ambassador Extraordinary and Plenipotentiary to the United States of America; Who, after communicating to each other their respective full powers, found in good and due form, have agreed upon the following Articles:
The Convention of Arbitration of January 15, 1909, between the United States of America and Austria-Hungary, the duration of which by Article III thereof was fixed at a period of five years from the fifteenth day after the date of exchange of ratifications, which
1 For text see Volume I, page 49.