PART XV

Miscellaneous Provisions

=ARTICLE 434.=--Germany undertakes to recognize the full force of the treaties of peace and additional conventions which may be concluded by the Allied and Associated Powers with the powers who fought on the side of Germany, and to recognize whatever disposition may be made concerning the territories of the former Austro-Hungarian Monarchy, of the Kingdom of Bulgaria, and of the Ottoman Empire, and to recognize the new States within their frontiers as there laid down.

=ARTICLE 435.=--The high contracting parties, while they recognize the guarantees stipulated by the treaties of 1815, and especially by the Act of 20th November, 1815, in favor of Switzerland, the said guarantees constituting international obligations for the maintenance of peace, declare nevertheless that the provisions of these treaties, conventions, declarations and other supplementary acts concerning the neutralized zone of Savoy, as laid down in paragraph 1 of Article 92 of the Final Act of the Congress of Vienna, and in paragraph 2 of Article 3 of the Treaty of Paris of 20th November, 1815, are no longer consistent with present conditions. For this reason the high contracting parties take note of the agreement reached between the French Government and the Swiss Government for the abrogation of the stipulations relating to this zone which are and remain abrogated.

The high contracting parties also agree that the stipulations of the treaties of 1815 and of the other supplementary acts concerning the free zones of Upper Savoy and the Gex district are no longer consistent with present conditions, and that it is for France and Switzerland to come to an agreement together with a view to settling between themselves the status of these territories under such conditions as shall be considered suitable by both countries.

ANNEX

1. The Swiss Federal Council has informed the French Government on the 5th May, 1919, that after examining the provisions of Article 435 in a like spirit of sincere friendship it has happily reached the conclusion that it was possible to acquiesce in it under the following conditions and reservations:

First--The neutralized zone of Haute-Savoie:

(a) It will be understood that as long as the Federal Chambers have not ratified the agreement come to between the two Governments concerning the abrogation of the stipulations in respect of the neutralized zone of Savoy nothing will be definitely settled, on one side or the other, in regard to this subject.

(b) The assent given by the Swiss Government to the abrogation of the above-mentioned stipulations presupposes, in conformity with the text adopted, the recognition of the guarantees formulated in favor of Switzerland by the treaties of 1815 and particularly by the declaration of 20th November, 1815.

(c) The agreement between the Governments of France and Switzerland for the abrogation of the above-mentioned stipulations will only be considered as valid if the treaty of peace contains this article in its present wording. In addition, the parties to the treaty of peace should endeavor to obtain the assent of the signatory powers of the treaties of 1815 and of the declaration of 20th November, 1815, which are not signatories of the present treaty of peace.

Second--Free zone of Haute-Savoie and the district of Gex.

(a) The Federal Council makes the most express reservations to the interpretation to be given to the statement mentioned in the last paragraph of the above article for insertion in the treaty of peace, which provides that "the stipulations of the treaties of 1815 and other supplementary acts concerning the free zones of Haute-Savoie and the Gex district are no longer consistent with the present conditions." The Federal Council would not wish that its acceptance of the above wording should lead to the conclusion that it would agree to the suppression of a system intended to give neighboring territory the benefit of a special régime which is appropriate to the geographical and economical situation and which has been well tested.

In the opinion of the Federal Council the question is not the modification of the customs system of the zones as set up by the treaties mentioned above, but only the regulation in a manner more appropriate to the economic conditions of the present day of the terms of the exchange of goods between the regions in question. The Federal Council has been led to make the preceding observations by the perusal of the draft convention concerning the future constitution of the zones, which was annexed to the note of April 26 from the French Government. While making the above reservations the Federal Council declares its readiness to examine in the most friendly spirit any proposals which the French Government may deem it convenient to make on the subject.

(b) It is conceded that the stipulations of the treaties of 1815 and other supplementary acts relative to the free zones will remain in force until a new arrangement is come to between France and Switzerland to regulate matters in this territory.

2. The French Government have addressed to the Swiss Government, on May 18, 1919, the following note in reply to the communication set out in the preceding paragraph:

In a note dated May 5 the Swiss Legation in Paris was good enough to inform the Government of the French Republic that the Federal Government adhered to the proposed article to be inserted in the Treaty of Peace between the Allied and Associated Governments and Germany.

The French Government have taken note with much pleasure of the agreement thus reached, and, at their request, the proposed article, which had been accepted by the Allied and Associated Governments, has been inserted under No. 435 in the peace conditions presented to the German plenipotentiaries.

The Swiss Government, in their note of May 5, on this subject, have expressed various views and reservations.

Concerning the observations relating to the free zones of Haute-Savoie and the Gex district, the French Government have the honor to observe that the provisions of the last paragraph of Article 435 are so clear that their purport cannot be misapprehended, especially where it implies that no other power but France and Switzerland will in future be interested in that question.

The French Government, on their part, are anxious to protect the interests of the French territories concerned, and, with that object, having their special situation in view, they bear in mind the desirability of assuring them a suitable customs régime and determining, in a manner better suited to present conditions, the methods of exchanges between these territories and the adjacent Swiss territories, while taking into account the reciprocal interests of both regions.

It is understood that this must in no way prejudice the right of France to adjust her customs line in this region in conformity with her political frontier, as is done on the other portions of her territorial boundaries, and as was done by Switzerland long ago on her own boundaries in this region.

The French Government are pleased to note on this subject in what a friendly disposition the Swiss Government take this opportunity of declaring their willingness to consider any French proposal dealing with the system to be substituted for the present régime of the said free zones, which the French Government intend to formulate in the same friendly spirit.

Moreover, the French Government have no doubt that the provisional maintenance of the régime of 1815 as to the free zones referred to in the above-mentioned paragraph of the note from the Swiss Legation of May 5, whose object is to provide for the passage from the present régime to the conventional régime, will cause no delay whatsoever in the establishment of the new situation which has been found necessary by the two Governments. This remark applies also to the ratification by the Federal Chambers, dealt with in Paragraph 1 (a), of the Swiss note of May 5, under the heading "Neutralized Zone of Haute-Savoie."

=ARTICLE 436.=--The high contracting parties declare and place on record that they have taken note of the treaty signed by the Government of the French Republic on July 17th, 1918, with His Serene Highness the Prince of Monaco defining the relations between France and the Principality.

=ARTICLE 437.=--The high contracting parties agree that, in the absence of a subsequent agreement to the contrary, the Chairman of any commission established by the present treaty shall, in the event of an equality of votes, be entitled to a second vote.

=ARTICLE 438.=--The Allied and Associated Powers agree that where Christian religious missions were being maintained by German societies or persons in territory belonging to them, or of which the government is intrusted to them in accordance with the present treaty, the property which these missions or missionary societies possessed, including that of trading societies whose profits were devoted to the support of missions, shall continue to be devoted to missionary purposes. In order to insure the due execution of this undertaking the Allied and Associated Governments will hand over such property to boards of trustees appointed by or approved by the Governments and composed of persons holding the faith of the mission whose property is involved.

The Allied and Associated Governments, while continuing to maintain full control as to the individuals by whom the missions are conducted, will safeguard the interests of such missions.

Germany, taking note of the above undertaking, agrees to accept all arrangements made or to be made by the Allied or Associated Government concerned for carrying on the work of the said missions or trading societies and waives all claims on their behalf.

=ARTICLE 439.=--Without prejudice to the provisions of the present treaty, Germany undertakes not to put forward directly or indirectly against any Allied or Associated Power, signatory of the present treaty, including those which without having declared war, have broken off diplomatic relations with the German Empire, any pecuniary claim based on events which occurred at any time before the coming into force of the present treaty.

The present stipulation will bar completely and finally all claims of this nature, which will be thenceforward extinguished, whoever may be the parties in interest.

=ARTICLE 440.=--Germany accepts and recognizes as valid and binding all decrees and orders concerning German ships and goods and all orders relating to the payment of costs made by any prize court of any of the Allied or Associated Powers, and undertakes not to put forward any claim arising out of such decrees or orders on behalf of any German national.

The Allied and Associated Powers reserve the right to examine in such manner as they may determine all decisions and orders of German Prize Courts, whether affecting the property rights of nationals of those powers or of neutral powers. Germany agrees to furnish copies of all the documents constituting the record of the cases, including the decisions and orders made, and to accept and give effect to the recommendations made after such examination of the cases.

The present treaty, of which the French and English texts are both authentic, shall be ratified.

The deposit of ratifications shall be made at Paris as soon as possible.

Powers of which the seat of the Government is outside Europe will be entitled merely to inform the Government of the French Republic through their diplomatic representative at Paris that their ratification has been given; in that case they must transmit the instrument of ratification as soon as possible.

A first procès-verbal of the deposit of ratifications will be drawn up as soon as the treaty has been ratified by Germany on the one hand, and by three of the principal Allied and Associated Powers on the other hand.

From the date of the first procès-verbal the treaty will come into force between the high contracting parties who have ratified it. For the determination of all periods of time provided for in the present treaty this date will be the date of the coming into force of the treaty.

In all other respects the treaty will enter into force for each power at the date of the deposit of its ratification.

The French Government will transmit to all the signatory powers a certified copy of the procès-verbaux of the deposit of ratifications.

IN FAITH WHEREOF the above-named plenipotentiaries (1) except as indicated in the footnotes to the preamble, have signed the present treaty.

DONE AT VERSAILLES, in a single copy which will remain deposited in the archives of the French Republic, and of which authenticated copies will be transmitted to each of the signatory powers.

REJECTION OF THE PEACE TREATY

The Senate Fails to Ratify the Treaty of Versailles With the Revised Lodge Reservations by a Vote of 49 to 35

The Treaty of Versailles with the Covenant of The League of Nations was signed on June 28, 1919, by Germany and by the representatives of the Allied and Associated Powers, with the exception of China.

It was ratified by the German National Assembly on July 10th; by the British Parliament on July 25th, and by King George on July 31st, by the King of Italy on October 7th, by France on October 13th and by Japan on October 27th.

On the day the Treaty was signed President Wilson sailed for New York, and on July 10th he addressed the Senate and submitted the Treaty to that body, which under the Constitution is empowered to give its "advice and consent" to treaties negotiated by the Chief Executive. Opposition to the Covenant of the League of Nations had previously developed in the Senate, especially on the part of the Republican majority. The Foreign Affairs Committee, of which Senator Lodge of Massachusetts was Chairman, was from the start unalterably opposed to the Treaty unless it contained as amendments or as reservations clauses which, it was claimed, would safeguard American interests and institutions. In February the President, who had made a hurried trip from Paris in order to acquaint the American people with the details of the Treaty as it affected this country, conferred at the White House with the Foreign Relations Committee of the Senate and the Foreign Affairs Committee of the House, on which occasion there was a frank and comprehensive discussion, a complete stenographic report of which was published in the press. On March 3rd Senator Lodge presented a resolution signed by 39 Republican Senators and Senators-elect protesting against the Covenant of The League of Nations, as it stood. As it required a two-thirds vote of the Senate to ratify, these 39 opponents of the treaty would be sufficient to reject it, and the virtual effect of this resolution was to give warning to the President that the Treaty unless it were to be "Americanized" would fail of ratification.

The President on March 5th sailed from New York and returned to Paris to take up his work at the Peace Conference, remaining there until the Treaty was signed.

On July 15th, the Foreign Relations Committee took the Treaty under consideration and conducted hearings on it. One of these, continuing for several days, was for the purpose of exposing what the Committee regarded as the unjust treatment of China in respect of the cession to Japan, under the Treaty, of the German rights in Shantung (Kiauchau).

On August 19th, the Foreign Relations Committee again conferred at the White House with the President, and on September 3rd the President started on a tour of the country to win support for the Treaty and The League of Nations.

On September 10th the Foreign Relations Committee reported the Treaty to the Senate with 45 amendments and four reservations.

On September 26th, owing to a nervous breakdown, the President at Wichita, Kansas, gave up his tour of the country and returned to Washington.

What were known as the Fall amendments to the Treaty were defeated in the Senate on October 2nd by 58 to 30, and as this vote indicated the unlikelihood of amendments being passed, the Republicans of the Foreign Relations Committee changed their tactics, abandoning amendments and considering reservations instead. It had been pointed out that American amendments to the Treaty would require ratification by Germany and that this might nullify the whole Treaty and necessitate the re-opening of negotiations, thereby delaying peace indefinitely.

On October 4th the Massachusetts Republican State Convention, before which Senator Lodge spoke in defense of his attitude on the Treaty, urged prompt ratification of the Peace Treaty with "reasonable and effective" reservations.

On October 15th by a vote of 55 to 35 the Senate rejected a proposed amendment of the Foreign Relations Committee to the clause affecting the German rights in Shantung by virtue of which these would be transferred to China.

The deadlock in the Senate had meanwhile aroused widespread criticism throughout the country, the attitude of the Republican majority being vigorously objected to by influential members of that party. Public opinion both in and out of the Republican party was generally in favor of ratification with reservations, as was repeatedly indicated by "straw" votes among the people.

RATIFICATION, WITH ORIGINAL LODGE RESERVATIONS, DEFEATED NOV. 19, 1919.

On November 6th Senator Lodge presented 14 reservations which had been agreed to by the majority members of the Foreign Relations Committee. On November 19th, they were voted on by the Senate, being coupled with the following resolution of ratification:

_Resolved (two-thirds of the Senators present concurring therein)_, That the Senate advise and consent to the ratification of the Treaty of Peace with Germany concluded at Versailles on the 28th day of June, 1919 subject to the following reservations and understandings, which are hereby made a part and condition to this resolution of ratification, which ratification is not to take effect or bind the United States until the said reservations and understandings adopted by the Senate have been accepted by an exchange of notes as a part and a condition of this resolution of ratification by at least three of the four principal allied and associated powers, to wit, Great Britain, France, Italy, and Japan.

1. The United States so understands and construes Article I that in case of notice of withdrawal from the League of Nations, as provided in said article, the United States shall be the sole judge as to whether all its international obligations and all its obligations under the said covenant have been fulfilled, and notice of withdrawal by the United States may be given by a concurrent resolution of the Congress of the United States.

2. The United States assumes no obligation to preserve the territorial integrity or political independence of any other country or to interfere in controversies between nations--whether members of the League or not--under the provisions of Article 10, or to employ the military or naval forces of the United States under any article of the Treaty for any purpose, unless in any particular case the Congress, which, under the Constitution, has the sole power to declare war or authorize the employment of the military or naval forces of the United States, shall by act or joint resolution so provide.

3. No mandate shall be accepted by the United States under Article 22,