CHAPTER IV

THE MAIN FEATURES OF THE TREATY OF VERSAILLES

The principal Allied and Associated Powers, who took upon themselves

the entire responsibility for imposing and securing the execution

of the Treaty of Versailles, sent an exhaustive reply to the German

counter-proposals on June 16, in which, as we have seen, some

concessions were made in details, modifying the draft treaty. But these

were slight. In this reply they said:

They [the victors] believe that it is not only a just settlement

of the great war, but that it provides the basis upon which the

peoples of Europe can live together in friendship and equality. At

the same time it creates the machinery for the peaceful adjustment

of all international problems by discussion and consent, whereby

the settlement of 1919 itself can be modified from time to time

to suit new facts and new conditions as they arise. It is frankly

not based upon a general condonation of the events of 1914–1918.

It would not be a peace of justice if it were. But it represents

a sincere and deliberate attempt to establish “that reign of law,

based upon the consent of the governed, and sustained by the

organized opinion of mankind,” which was the agreed basis of the

peace. As such the treaty in its present form must be accepted or

rejected.

In the light of these words, uttered by the Big Four at a solemn

moment, we must examine the main features of this treaty. And lest it

be thought that the American President did not approve of the treaty as

signed, but agreed to it, as General Smuts did, only in the hope of its

immediate and radical revision by the League of Nations, it is fair to

quote the opening paragraph of Mr. Wilson’s speech at Kansas City on

September 6, 1919. He said:

I came back from Paris, bringing one of the greatest documents of

human history. One of the things that made it great was that it

was penetrated throughout with the principles to which America

has devoted her life. Let me hasten to say that one of the most

delightful circumstances of the work on the other side of the water

was that I discovered that what we called American principles had

penetrated to the heart and to the understanding, not only of the

great peoples of Europe, but to the hearts and understandings of

the great men who were representing the peoples of Europe.

The Treaty of Versailles, containing 440 articles, with annexes,

constitutes a large sized volume. Its first twenty-six articles contain

the Covenant of the League of Nations. Then follow the boundaries of

Germany; political clauses for Europe; German rights and interests

outside Germany; military, naval, and air clauses; prisoners of war

and graves; penalties; reparation; financial clauses; economic clauses;

aërial navigation; ports, waterways, and railways; labor; guarantees;

miscellaneous provisions.

The underlying idea of the treaty is that the Germans are a guilty and

vanquished people, who are indefinitely compelled, without appeal, to

put at the mercy of the conquerors their lives, their property, their

territory. A reading of the treaty will convince the fair-minded man

that its many “jokers” are so cleverly scattered through the treaty as

to nullify what provisions it does contain for setting dates for the

termination of the penalties and limitations imposed upon Germany. I

saw many of these “jokers” when I read the treaty. They were patent.

But a clever lawyer would find many more.

The late Senator Philander C. Knox, who had read the treaty through,

told me in the autumn of 1919 that, from a legal point of view, there

was no hope whatever of Germany’s being able to fulfil the obligations

placed upon her. He brushed the economic questions aside, and showed me

how Germany was trussed by the treaty in such a way that no matter what

she did towards fulfilment she would still be in default. “With all

the power and authority and good will in the world,” said our former

secretary of state, “no nation on earth could ever acquit herself of

the obligations of such a treaty. If Germany were a small nation, and

her enemies bound together permanently by common interests, central

Europe, under this treaty, would become within a decade a huge region

inhabited by millions of slaves. As it is, the treaty indicts those

who drew it up. It is a crime against civilization.” This comment was

provoked when I was trying to argue with the senator that the treaty

ought to be ratified with reservations.

Eight months later, on May 5, 1920, Senator Knox said publicly,

addressing the Senate:

The Treaty of Versailles is almost universally discredited in

all its parts. The majority of its negotiators concede this.

Its economic terms are impossible; its League of Nations is an

aggravated imitation of the worst features of the ill fated and

foolish holy alliance of a century ago. It promises little but

mischief unless recast on such radical lines as will entirely

obliterate its identity.... We must proceed in accordance with

the established beneficent and enlightened rules and principles

of international law as they have heretofore obtained between

civilized Christian nations.

The principal features of the Treaty of Versailles are the exclusion

of Germany from the League of Nations; the failure to establish or

promise reciprocity in any of its provisions that would otherwise have

been for the common good of the world; the violation of the principle

of self-determination where it was to the interest of the victors

to ignore it; the elimination of Germany from cultural and economic

participation in the development of the world; and the consecration of

the principle of the right of the victors in a war to confiscate the

private property of the vanquished. Let us take up these features one

by one, with examples.

_The Exclusion of Germany from the League of Nations._ Article IV of

the Covenant provides for a council of nine members, five of whom are

permanent “representatives of the principal Allied and Associated

Powers.” The four minority members “shall be selected by the Assembly

from time to time in its discretion.” It is true that the Council

“may name additional members of the League whose representatives

shall always be members of the Council,” and that new members of the

League may be admitted on a two thirds vote of the Assembly. But the

jokers that exclude Germany from membership in the League as well as

in the Council are the qualifying clauses providing that a new member

“shall give effective guarantees of its sincere intention to observe

its international obligations” and that each member of the Council

possesses an absolute veto. It is easily seen that these jokers put

the admission of Germany entirely in the hands of France, who can be

sole judge of Germany’s worthiness. This same handicap holds in regard

to Russia. And no student of world affairs believes that the League

of Nations can become anything else than the subservient tool of the

Entente powers, unable to move in anything against their interests or

wishes, unless Germany and Russia are permanent members of the Council.

_The Failure to Establish or Promise Reciprocity in Any of Its

Provisions That Would Otherwise Have Been for the Common Good of the

World._ The Treaty of Versailles contains many good points, such as

its penalties; the restoration of plunder taken from other countries

during previous wars as well as during the recent war; the military,

naval, and air clauses; the resurrection of Poland; the erection of

mixed arbitral tribunals; aërial navigation clauses; ports, waterways

and railways clauses; labor clauses; and other minor points. But all

these features, good in themselves, are not written in the treaties

for the purpose of establishing improved international relations but

as additional means of crippling and punishing Germany. None of them

are contractual, in the ordinary sense; that is, they bind only one

party. Reciprocity is not provided for, even in the future. The result

is not only to put Germans in a position of inferiority to citizens of

neighboring nations for the time being but to give them no hope that

this condition will ever be remedied. For the numerous jokers take away

the effectiveness of the time-limits provided in some instances for

withholding reciprocity.

It is inconceivable that officers and men of Allied armies had not

been guilty of violations of international law during more than

four years of fighting. But only Germans were to be tried, and the

German Government bound itself to hand over for trial before Allied

tribunals all whose names should be handed in. This impossible

provision in itself put Germany in hopeless default from the moment

her representatives signed the treaty. Only if the Germans had been an

uncivilized tribe of savages could such provisions have been executed.

Similarly, the trial of Kaiser Wilhelm, too, before an impartial

tribunal would have been a splendid measure. But the treaty bound the

Germans to an unheard-of thing in international relations. They were

obliged to confess their rulers’ guilt and their own, as a people,

before the trial! And the treaty gave no promise, as it should have

done, that the question of the responsibility for the war would be

fairly gone into by a court of justice, with all the evidence before

it. If the purpose of the men who made the Treaty of Versailles was

not vindictiveness but a desire to get at the truth, they would have

coupled their demand for the trial of the Kaiser with a guarantee

that all the documentary evidence on both sides should be brought into

court. Only in this way could a fair trial have been had. The penalties

clauses of the treaty, therefore, violate the accepted principles of

law as well as the dictates of fair play and common sense.

If the treaty had limited itself to the restoration of the loot of

the recent war, no exception could have been taken. But Germany was

summoned to give up art treasures and other plunder of the long ago.

Was this done because the restitution was a matter of justice or to

remove ancient grievances that stood in the way of the reconciliation

of peoples? If so, the victors should have promised to give back to

one another and to neutral nations--and in many instances to the

vanquished--the more notorious examples of loot in their own national

galleries and museums. This was a trifling matter, but it showed the

spirit of the treaty.

Permanent peace could never come from a one-sided application of

the principle of disarmament, especially when it was coupled with

the guarantees clauses. History does not record an instance where a

great people, deprived of its means of defense, with portions of its

territory under military occupation and neighboring enemy countries

still armed to the teeth, did not find some means, internally or

through alliances, to break the grip of its enemies. In 1870, by

annexing Alsace-Lorraine, Bismarck made an armed camp of Europe. In

1919, by occupying the Rhine and disarming Germany without promising

themselves to disarm, the Allies, in the Treaty of Versailles, laid

the foundation for a greater and more dangerous unrest than Europe has

known in modern times. Lack of reciprocity in the military, naval,

and aërial clauses was practicable only (a) if the enemies of Germany

were ready to form a permanent alliance and keep several million men

under arms, or (b) if they were willing to kill indefinitely all male

children born in Germany--and also the existing male population under

twenty-five.

The resurrection of Poland could have been a glorious and blessed

result of the Paris settlement had it been conceived and carried out in

the interests of the Poles. But the resurrection of Poland, as provided

for in the Treaty of Versailles and the supplementary treaty, was an

attempt to create an artificial state for old-fashioned “balance of

power” purposes. The real interests of the Poles were not considered at

all. Their only hope of succeeding in rebuilding their national life

lay in having boundaries that would not in the future create against

them fatal antagonism on the part of their two powerful neighbors,

Germany and Russia. Had Polish and not French interests been considered

in writing the Treaty of Versailles, the new Poland would not have

been saddled with the Danzig corridor, and Upper Silesia would have

remained German territory. A combination of fear and greed, without

statesmanlike vision, made a Poland that can never last. The frontiers

of Poland, as drawn in the Treaty of Versailles, heralded war and not

peace. They were a perpetuation of the worst evil from which Europe

had been suffering. The corridor and the “free port of Danzig” were

declared to be necessary in order to give Poland an outlet to the sea,

despite the fact that Danzig is an indisputably German city. But the

same men at the same time took away Trieste and Fiume from Austria and

Hungary, despite the dependence of their hinterland upon them, invoking

the argument of the population of the ports, the validity of which was

hotly denied by them when Germany invoked it!

The erection of mixed arbitral tribunals for adjustment of war claims

of private citizens put a premium upon the appeal to force. What it

meant was that, if your country was successful in fighting, you had

a valid claim against a citizen of a defeated country, and that your

claim would be adjusted by arbiters appointed by your own country. The

important thing, then, according to the Treaty of Versailles, was not

the sanctity of private contracts entered into between individuals of

different nations, but citizenship in a winning nation.

In aërial navigation and in ports, waterways, and railways, the right

of the victors to transit across and privileges on German soil were

affirmed without reciprocity. Not only were the Germans denied the

right of transport by air and water and rail, on equal terms with

other nations, outside their own country, but they were required to

open up Germany to Allied control and to concede special privileges in

waterways and ports, to facilitate the passage over their territory of

international trains--all this without reciprocity. The time-limits set

gave no reasonable hope of a change; for the removal of disabilities

depended upon the integral observance of all the other treaty

obligations.

_The Violation of the Principle of Self-Determination Where It Was

to the Interest of the Victors to Ignore It._ On the ground that

Alsace-Lorraine had been forcibly taken from France against the will of

the inhabitants in a previous war, it was altogether just that France

should receive back her “lost provinces” without a plebiscite. Even had

one been taken, the result would not have been in doubt. France would

have won by an overwhelming vote. It was just also to stipulate the

return to Denmark of indisputably Danish territory, with a plebiscite

for doubtful border districts. The other territorial provisions were

open to question.

The most flagrant violation of the principle of self-determination was

in the matter of the detachment for fifteen years (with a plebiscite

at the end of that time) of the Saar Valley from Germany. This wholly

German district of over half a million souls was put under the League

of Nations, but really given to France to run, as compensation for the

destruction of coal-mines in northern France. That the treaty of peace

should have contained provisions for adequate compensation--ton-to-ton

replacement--for the French losses in coal was to be expected. But the

Saar arrangement was political and not economic,[5] and, as far as the

inhabitants of the region were concerned, its practical application

meant for them what the Treaty of Frankfort had meant for Alsatians

nearly half a century earlier. The Saar clauses constitute a shameful

betrayal of the high ideals for which the war was fought. Confirmation

of this statement is easily obtained. Let the reader go to the Saar

and talk with the people. Violence has been done to their most sacred

sentiments. Two wrongs do not make a right.

In the House of Commons on May 9, 1923, Mr. Edward Wood, a member of

the Bonar Law Cabinet, who presided over the meeting of the Council

of the League in April, 1923, told how the Council had virtually

washed its hands of the Saar. The Commission consisted of a French

president, with four assistants, a Belgian, a Dane with a French name,

a Canadian, and a representative of the Saar population. The Canadian

sided with the local representative in trying to prevent the oppression

of the people, who were being ruled in a way that provoked them to

appeal for redress to the Council. The President of the Commission had

explained to the Council that the decrees, adopted by the majority

of the Commission, were “not illegal” and were justified on the

ground that they were adopted “to meet exceptional circumstances.” It

developed in the debate that one of the decrees imposed penalties of

imprisonment and fine for certain “crimes,” without hearing or trial

or resort to appeal. Among the “crimes” was casting discredit on the

Treaty of Versailles. The inhabitants of the Saar are not allowed to

discuss publicly the régime that governs them or their future. Sir

John Simon told the Commons that this measure was a “most astounding

abuse of legislative power,” and Mr. Asquith called it a “monstrous

and ridiculous decree” for the like of which “one might ransack the

annals of despotism in the worst days of Russia’s oppression of Finland

without finding a more monstrous specimen of despotic legislation or

one more suppressive of the elementary rights of free citizenship.”

Lord Robert Cecil, just back from his American tour in favor of the

League of Nations, declared that the action was worthy of militarism

at its worst, and that he had always had grave doubts of the wisdom of

making the League responsible for the Saar régime.

The cession of Malmédy and Eupen to Belgium was clearly against

the wishes of the inhabitants of those regions. During the peace

negotiations I visited these places, and I visited them afterward,

just as I did the Saar. The people told me that they were Germans and

wanted to remain Germans. They were not given the opportunity, any more

than the people of the Saar were, to vote upon their detachment from

Germany. The treaty provided for registers at Malmédy and Eupen, in

which, within a fixed time, any inhabitant of these regions could write

down his desire to return to German sovereignty. The defenders of the

treaty, by virtue of this curious provision, declared that the people

had a chance to decide. Did they? Any one who dared to sign those

registers was expelled and his property confiscated. After two or three

examples of this sort, nothing more was done. It was like the right

of our negroes to vote in the South. In these cases I have the facts,

names, dates, and particulars of each instance.

The plebiscite for Upper Silesia contained a joker that was afterward

invoked, when the decision went against Poland, by reason of which

the Entente Powers were at liberty to disregard the vote if it seemed

best to do so. No opportunity was given to the inhabitants of the

Polish corridor, separating East and West Prussia, to vote on their

own destinies. Mr. Lloyd George had secured a modification of the

original draft, by which plebiscites were allowed for the Marienwerder

and Allenstein regions. Although the commission on Polish frontiers at

the Paris Conference had recommended the detachment of these regions

from Germany, declaring that they were “predominantly Polish,” they

voted 98 per cent and 95 per cent respectively to remain with Germany,

and this under Allied military occupation and supervision! There is

little doubt that if a fair plebiscite had been held everywhere, as

had been promised, there would have been no corridor, and Poland would

have received a much more limited frontier in Posen than she got. I was

in Kattowitz, in Upper Silesia, when that city, despite its vote for

Germany was allotted to Poland. A prominent citizen told me: “You have

created another open sore, which will be healed only by a new war.”

If the Paris Conference was actuated by the desire to secure the

fulfilment of the ideals for which we fought, rather than the triumph

of the principle that might makes right, in taking away Trieste and

Fiume from Austria and Hungary, these ideals were violated by taking

away Danzig and Memel from Germany. I have found no apologist for the

Treaty of Versailles who, when confronted with the deadly parallel

here, has not admitted that different weights and different measures

were applied in these cases. There is no more striking proof than

Danzig and Memel, as opposed to Trieste and Fiume, of the judgment

passed upon the Treaty of Versailles by Mr. Ray Stannard Baker in his

recent defense of President Wilson, that the treaty was a piece of

hasty patchwork, imposed at the point of a bayonet, whose terms were

simply and solely due to the national interests of the victors.

In the provisions of the treaty relating to countries other than

Germany, the principle of self-determination was ignored in regard to

China, Morocco, and Egypt. The Chinese arguments about Shantung were

not answered. The Egyptians sent a delegation, representing their

National Assembly, to protest against the recognition of the British

protectorate. But they were not given a hearing, and this provision,

although there had been wide-spread riots in Egypt against the British

military occupation, was put into the treaty.

_The Elimination of Germany from Cultural and Economic Participation

in the Development of the World._ For more than a hundred years before

the World War, the European nations had come to realize that their

prosperity depended upon contacts with the extra-European world. These

contacts they had established at the cost of great sacrifices, through

colonial wars, wars with one another, and the gradual building up of

investments, banks, shipping, and trading companies in all parts of

the world. Because of her later unification and slower industrial

development, Germany was a late comer in world politics. She struggled

under great handicaps in finding a large part of the world already

preëmpted when she began to look for colonies, coaling-stations, and

fields for investment and economic development. But her progress

in the few decades preceding the World War had been marvelous, and

her whole economic structure was built, like that of England, upon

foreign trade. Her population had gone beyond the number that could be

sustained by home markets.

The greatest blow to Germany in the Treaty of Versailles was the ban

it placed upon her contacts with the outside world. She was compelled

to give up her colonies; to renounce her commercial treaties and

concessions in every country in the world except a few South American

countries that had not declared war upon her; and to surrender

everything that she had built up in the way of import and export

markets, by the confiscation of her shipping, foreign investments,

banking and commercial establishments, concessions, privileges, etc.

The aim of the treaty was to eliminate Germany as a competitor in world

markets, and to make it impossible for German capital to accomplish

anything in the future in Africa and Asia. Germany was called upon,

also, to renounce her treaties and private concessions, her loans, and

everything else that she had acquired in her relations with her former

allies. Her nationals were barred from Turkey, from former German

colonies, and from French and British protectorates in Africa and Asia.

Her mission work in foreign countries was to be given up entirely

and not renewed. Her missionaries, Catholic and Protestant, were

never again to return to their field. Provisions were inserted in the

treaty by which the victors had the right to bar German newspapers and

magazines and books, as well as German goods, without reciprocity. Some

one at Paris--I forget which of the outstanding figures it was--said

that in the Treaty of Versailles we had reverted to the law of the

jungle. The papal nuncio, Monsignor Ceretti, told me that the devil at

his worst could hardly have conceived so thorough a destruction of the

soul of mankind.

In connection with the various clauses throughout the treaty, which,

in their ensemble, cut Germany off from the rest of the world and make

her a pariah for ever among nations, an interesting dilemma faces

those who hope to profit by the treaty. If they are able to enforce

its provisions, do they still expect to have large reparations from a

Germany bound hand and foot in the matter of her foreign trade, while

enjoying the advantages in their own foreign trade of having her no

longer for a competitor? And, if so, will not the example of a Germany

without colonies, army, fleet, political and economic contacts with

Asia and Africa, paying not only her own expenses but a huge surplus

for reparations, refute the time-worn argument of economic imperialism,

that a nation must have all these things to live? The answer to the

former question is an economic one, difficult to explain and uphold,

whether you say yes or no. The answer to the second question, if

in the affirmative, proves that the greater part of our national

expenditures are money wasted, and, if in the negative, that the Treaty

of Versailles was a sentence of death passed upon a great nation,

affecting not so much those guilty of the war as their progeny and an

unborn generation.

_The Consecration of the Principle of the Right of the Victors in

a War to Confiscate the Private Property of the Vanquished._ It is

impossible to deny that the Treaty of Versailles infringes upon the

age-old principle of the sanctity of private property. A study of its

reparations and economic clauses reveals that the greatest damage done

to the world during the riot of ungoverned passions at Paris was the

attack made in the treaty upon the fundamental bases of society. The

Treaty of Versailles assumes the dangerous doctrine that the state

is all-powerful and has the right to dispose of the property of its

citizens, and that a government can not only levy taxes on capital and

property of a confiscatory character but is able to give a clear title

to the confiscation by others of its subjects’ property.

I am sure that I have not exaggerated, or stated unfairly or extremely,

this feature of the Treaty of Versailles. During the last five years

I have had the opinion of a dozen international lawyers, French and

British and American, who are agreed that this feature of the Treaty of

Versailles, if applied, would lead to departures in existing notions of

property and the rôle of the state so startling as to be subversive of

the existing social order. The boomerang is evident. If Germany has a

right to confiscate or assent to the confiscation of private property

for the purposes of reparation, if the assent and carte blanche of the

German Government to confiscation by the Allies gives a valid title,

if taxes on capital can be levied by the German Government--all this

without ruining industry in Germany--why are not these measures legal

and practicable against private property and capital in other countries?

The heart of the Treaty of Versailles lay in its reparations clauses.

A Reparations Commission was created, which, like the armies of

occupation, was to be maintained at the expense of Germany. Not

until May, 1921, was it to decide upon the amount Germany owed and

could pay. The commission was given sweeping powers over Germany’s

finances, internal and external. It would fix the amounts in money and

kind of German reparations deliveries. Against the amounts fixed the

German Government had no appeal. If it did not do as the Reparations

Commission ordered, the commission had the power, by a majority vote,

to declare Germany in default on reparations. Then the treaty provided

that the victors could take what measures they decided upon to penalize

Germany for the default and to collect their claims. Since no appeal

or arbitration was provided for, the Treaty of Versailles gave no

protection to the debtor against the rapacity and vindictiveness of the

creditors. Sums due were not agreed upon by mutual consent; they were

fixed by the victors. There was no protection in the treaty against

possible abuse of this privilege, and no definition of the measures

to be taken after default. The Treaty of Versailles thus put Germany

at the absolute mercy of her conquerors, without appeal, legal or

otherwise. By taking away the security of German territory, the treaty

made impossible the revival of German prosperity and the fulfilment of

the obligations of the treaty.

Last of all, the most curious feature of the treaty was its failure

to provide the machinery for its enforcement. The Germans had been

able during more than four years to withstand their enemies. And it

is certain that the Entente powers could not have dictated a victors’

treaty without the coöperation of the United States. Germany signed

the treaty because she was forced to do so. And, as it was a one-sided

and humiliating treaty, giving the Germans no hope whatsoever for the

future as an encouragement to fulfil its terms, the victors ought to

have realized the necessity of providing, jointly, for the permanent

maintenance of a huge standing army to keep the Germans in submission.

A document of the nature of the Treaty of Versailles was worthless

unless coercion, permanent coercion, was provided for. As events have

proved, the assumption of the Paris peacemakers, i. e., that they would

stick together, was wrong. What other result could be expected, then,

from the Treaty of Versailles than that the Germans would obey the

treaty only in so far as force was employed? The spirit of the treaty

is not peace but war. The Germans were to be considered permanently as

enemies. They were not to be allowed to become friends.

When you have an enemy, you do not have peace.

When you cannot count upon remaining friends with one another, and you

are confronted with an unknown factor like Russia, you read over again

the Treaty of Versailles and say to yourself: “If I ever believed that

any good could come of it, I must have been of unbalanced judgment,

owing to the passions of the moment. Certainly those who made the

treaty were!”

Europe Since 1918 · 第 4 / 30 章