Notes to Part III, Articles 42 to 44-Continued

border by an international force pending revision of the status of the Rhineland, and the negotiation of mutual assistance pacts between the Locarno signatories; and to promote through the League of Nations agreements for a system of collective security, effective limitation of armament, the extension of economic relations, the organization of commerce and the conclusion of an eastern nonaggression pact, and Germany's reentry into the League of Nations. These proposals were rejected on March 24 by Germany, which said they contained "not one of the necessary conditions for the successful organization of a really lasting peace". They were liable "once more to infringe the honor of the nation or to bring into question or do away with its equality of rights". Preparation for elections prevented the drawing of new proposals that week, but they would be ready the following week (United Kingdom, Foreigr. Office, Correspondence with the German Government regarding the German Proposals for an European Settlement, March 24-May 26, 1936, Misc. No. 6 (1936), Cmd. 5175).

The Reichstag had been dissolved March 7 and elections fixed for the 29th. That German election consisted of filing a ballot reading "Reichstag for Freedom and Peace", with ample space for an affirmative vote and no provision for a negative vote. The most active pressure resulted in 99 percent of the electorate casting ballots, and only 1.2 percent of that number found a way to be counted in the negative.

Two days after that electoral tour de force, the Germans laid their "peace plan" before the British instead of all the Locarno states. The introduction to this "effort to achieve a European understanding" of March 31 reviewed previous German arguments and included the assertion that the demilitarization provisions were "based on the breach of an assurance given to Germany" whose renunciation in the western provinces of the Reich was "a result of the 'dictate' of Versailles, and of a series of the harshest acts of oppression suffered by the German people as a result of that treaty". The plan itself embraced 19 points, the first 14 of which repeated with further details the first five points of March 7 and the next four elaborated with some eloquence the remaining two items of March 7. The nineteenth point proposed an international court of arbitration as a monitor of the various agreements. After the conclusion "of this great work", practical attention would be given to checking “unlimited competition in armaments" on a scale short

Notes to Part III, Articles 42 to 44-Continued

of "settlements of a universal kind” through a series of conferences each with one clearly defined objective, of which five were mentioned. Parallel with this would be "an exchange of views on economic problems", a field in which the German Government was prepared "to contribute as far as lies in their power". Though Germany addressed this memorandum only to the British Government, it was widely published as a "solemn general mandate" just received by the German Government from the German people.

The United Kingdom reiterated its intention of initiating conversations with the Belgian and French general staffs to arrange the technical conditions for carrying out the Locarno guaranty in case of unprovoked aggression. Against the published German menorandum the French Government on April 8 published observations which, after incisive criticism of the German effort, embodied a peace plan of its own. The five Locarno states in a communiqué from Geneva on April 10 found that the German proposals did not permit immediate general negotiations, invited the United Kingdom to reply to Germany, convened the general staffs (except the Italian) for April 15, and decided to lay the German and French papers before the Council of the League.

The British Government in its reply to Germany of May 6 regretted that "the German Government have not been able to make a more substantial contribution towards the reestablishment of the confidence which is such an essential preliminary to the wide negotiations" which they both were said to have in view.

The British Government was "in some doubt as to the conception held by the German Government of the basis upon which the future settlement should be founded." A clear declaration as to whether Germany regarded itself to be "in a condition to conclude a binding treaty" would be welcomed. The British Government "must, of course, make it clear that they are unable to accept the views put forward by the German Government" with respect to the Treaty of Versailles. Germany was asked whether it "recognizes and intends to respect the existing territorial and political status of Europe except in so far as this might be subsequently modified by free negotiation and agreement". The lines along which the British Government thought the German proposals concerning an air pact, non-aggression arrangements, the east European question and future relations to the League of Nations might be developed were discussed as a preliminary to the "opening of the general negotiations".

Notes to Part III, Articles 42 to 44-Continued

Germany offered no reply. In an address to the Reichstag on January 30, 1937 the Chancellor of the Reich said that "it was not possible for the German Government, for reasons which the Government of Great Britain will appreciate, to reply to those questions".

Progress with recasting the Locarno group of five states was no more successful. Germany and Italy accepted in July 1936 the idea of a conference but no date for its convening could be arranged with either. Thus Germany remained in the Rhineland area without effective opposition, without making any concessions, and without assuming any new obligations or contributing to European order. The conditions on which articles 42 to 44 of the treaty of peace were based had disappeared.

ARTICLE 42.

Germany is forbidden to maintain or construct any fortifications either on the left bank of the Rhine or on the right bank to the west of a line drawn 50 kilometres to the East of the Rhine.

ARTICLE 43.

In the area defined above the maintenance and the assembly of armed forces, either permanently or temporarily, and military manœuvres of any kind, as well as the upkeep of all permanent works for mobilization, are in the same way forbidden.

Note to III, 43

Pursuant to article 43 of the treaty and article 5 of the agreement with regard to the military occupation of the territories of the Rhine signed at Versailles June 28, 1919, the Inter-Allied Rhineland High Commission issued Ordinance No. 20, Coblenz, April 23, 1920, which made the following reservations with reference to the application of the German decree of October 17, 1919 (Reichsgesetzblatt, 1919, No. 204, p. 1801) regarding the competence of the National Treasury Department (Inter-Allied Rhineland High Commission, Official Gazette, 1920, parts IV and V, 55) :

"1. The Department of the Administration of State Property for the Occupied Rhineland must in no way concern itself with questions regarding the maintenance of the German Army and Navy although these questions be within the competence of the National Treasury Department.

Note to III, 43-Continued

"2. In all the duties which devolve upon it with regard to the Allied Armies, this Administration must conform not only with the Ordinances that may be promulgated by the High Commission but also with all instructions and requisitions that emanate from the Armies of Occupation within the limits of the Agreement annexed to the Treaty of Peace for the performance of its duties."

These provisions were repeated in Ordinance No. 32, Coblenz, July 22, 1920, which canceled Ordinance No. 20 (ibid., parts VIII and IX, 15).

The Conference of Ambassadors on October 6, 1924 decided to inform the German Government that the presence of Reichswehr musicians in the neutral zone constituted a violation of article 43.

In 1929, the arrangements concerning the left bank of the Rhine were still under the supervision of the Conference of Ambassadors, which had on May 25, 1922 made various representations to the German Government respecting the railroads in that area. Before the war of 1914-18, students of strategy had discussed with interest the German railroad network toward the west, which was generally regarded as uneconomic and intended more for military than transportation purposes. The Inter-Allied Commission on Local Railroads (chemins de fer de campagne) considered the matter for several years. At Paris on July 17, August 4, 10, and 13, 1929 (104 League of Nations Treaty Series, p. 95), the German Government and the Conference of Ambassadors executed an exchange of notes with a view to making the German railway system of the left bank of the Rhine conform with the provisions of article 43. The notes specified the reduction of certain lines to a single track, the laying of some lighter rails, and the shortening or removal of 13 ramps.

ARTICLE 44.

In case Germany violates in any manner whatever the provisions of Articles 42 and 43, she shall be regarded as committing a hostile act against the Powers signatory of the present Treaty and as calculated to disturb the peace of the world.

Note to III, 44

No action was taken by any of the interested states to apply article 44 in spite of the resolution of the Council of the League of Nations of March 19, 1936 "that the German Government has committed a breach of Article 43".