allowed to the Germans for the presentation of their comments, which were to be made in writing, no oral discussion being allowed. Their final counter-proposals, a very bulky document, were delivered on May 30. They maintained that the draft treaty was in contradiction with President Wilson's Fourteen Points and his subsequent declarations, which they regarded as the legal basis, with previous assurances of the Entente statesmen and the general ideas of International Law. Careful consideration was given to the German arguments and the reply of the Allies and Associated Powers was handed over on June 16. It left the draft treaty practically intact, though important concessions had been made. The History' (1, cap. 9) gives a detailed discussion of the German assertions; and Part IV of that chapter, which contains a complete analysis of the addresses and speeches of President Wilson in 1918, and of Notes exchanged between him and the German Government in October and November 1918, should be carefully studied. The conclusion that the Armistice Agreement and the Peace Treaty are in complete conformity with the basis accepted by the Entente Powers will be seen to be irrefutable. The Treaty as it was signed on June 28 has been examined, in all its more important parts and especially in the territorial clauses, in this 'Review' for July 1919.

The Treaty of Vienna (1815) was signed by the principal belligerents, and to it were annexed all the ancillary treaties and particular agreements entered into during the Congress, which together with the main treaty formed a whole binding on all the parties to it. To have attempted to frame on the present occasion a single instrument comprising the terms to be imposed not only on Germany but on each of her allies, and the subsidiary treaties with the new states formed from the territories of the former Austro-Hungarian and Turkish Empires and a resuscitated Poland, would have proved a hopeless task. To ensure the effect produced by the signature of a single treaty on the Vienna model, the following article was inserted in Part xv, Miscellaneous Provisions, of the German Treaty:

'Germany undertakes to recognise 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 recognise whatever dispositions may be made concerning the territories of the former Austro-Hungarian Monarchy, of the Kingdom of Bulgaria and of the Ottoman Empire, and to recognise the new States within their frontiers as there laid down.'

The same is the wording, mutatis mutandis, of Arts. 89 and 90 of the Treaty of Peace with Austria, similar provisions being inserted in the Treaties with Bulgaria, Hungary, and Turkey. In this manner the same result appears to have been obtained as would have been secured by the signature of a single comprehensive treaty, covering all the achieved purposes of the Peace Conference.

6

The German Treaty naturally served as a general model for the Peace Treaties with the remaining enemy belligerents. A study of Chapter VI of Vol. II of the History,' and especially of its Part VI, p. 341, ought to convince any impartial reader that the Peace Treaty with Germany, and the remaining Peace Treaties, which follow the same lines, are, with one exception, in accordance with the agreed basis of peace, constituted by President Wilson's Fourteen Points and subsequent addresses, as modified by the Memorandum of the Allies of Nov. 5, 1918. By this they reserved to themselves complete freedom on the subject of what is so ambiguously called the 'freedom of the seas,' and stated that by the President's declaration that the invaded territories must be restored as well as evacuated and freed,' they understood that compensation will be made by Germany for all damage done to the civilian population of the Allies and their property by the aggression of Germany by land, by sea, and from the air.' President Wilson stated that he is in complete agreement with the interpretation set forth in the last paragraph of the memorandum above quoted.' According to the 'Matin' of June 6, after examining the German counter-proposals in detail he declared as follows: 'Our Treaty violates none of my principles. If I thought otherwise I should not hesitate to confess it and should try to retrieve this error, but the Treaty we have drawn up is entirely in accord with my Fourteen Points.'

The exception alluded to above is Art. 80 of the German Treaty, providing that the independence of Austria shall be inalienable, except with the consent of the Council of the League of Nations, and Art. 88 of the Austrian Treaty equally declaring the independence of Austria to be inalienable otherwise than with the consent of the Council of the League. Art. 73 of the Hungarian Treaty is similar. This undoubtedly conflicts with the principle of self-determination, and it is impossible to see how the provision can be justified.

The Austrian Treaty was reported to be ready on May 12 (while the German Treaty was still unsigned), and the Austrian Delegation arrived at St Germain on the 14th. Yet it was not till the 29th that an incomplete copy, which did not contain the Military, Reparation, and Financial clauses, was presented to the seventh plenary meeting of the Conference. On June 2, the draft was handed to the Austrian Delegation, and discussion began. The concessions already made to Germany had been introduced into it. On the 25th, the Big Three' discussed the measure of Reparation to be required from Austria. In response to the observations of the Austrian Delegation, changes in the Economic clauses were made on July 8, and the revised and amended treaty was delivered to the Delegation on the 20th. They made counter-proposals, to which the Allies replied on Sept. 2; and on the 4th the Austrian National Assembly, after recording a protest, authorised its signature. This formality was completed on Sept. 10.

The conclusion of the treaty with Hungary, which closely follows the lines of the Austrian Treaty, was nevertheless subjected to great delay. This was caused by a Bolshevist movement. From May to July its leader Béla Kun defied the authority of the Supreme Council. Various attempts at setting up a stable administration followed; but it was not till Dec. 1 that the Supreme Council decided to recognise the Hungarian Government. The Peace Delegation arrived in Paris on Jan. 7, 1920. As the result of their representations the Supreme Council decided on certain modifications, and the terms of the Peace Treaty were delivered to the Delegation on Jan. 15. In March a report was presented by the proper Commission on certain observations on Part XII (Ports,

Waterways, and Railways); but, as all the concessions which it had been found possible to make to either Germany or Austria had already been embodied in the treaty, no further alterations were agreed to. The 'History' does not reveal the causes which led to the signature being further postponed to June 4.

The Draft Treaty with Bulgaria was handed to the Bulgarian Delegation on Sept. 19, 1919. It contained all the concessions granted to Germany and Austria, so far as they applied. The Bulgarian observations were held not to justify any alteration of the articles; and, readiness to sign having been expressed by the Delegation on Nov. 14, signature took place on the 27th.

A Turkish Delegation was summoned to Paris and stated its views to a revived Council of Ten' on June 17, 1919. They provoked merely a sharp rejoinder and the Delegation left Paris on the 28th. The Turkish Treaty was not signed till Aug. 10, 1920. This long delay may have been caused by difference of opinion among the Allies with respect to the future of Constantinople.

In all the Peace Treaties the most important provisions that excited opposition from the defeated belligerents related to Reparation and the Territorial Clauses. The latter were, generally speaking, the effect of applying the principle of self-determination' to subject peoples and races, though there were certain exceptions, the most flagrant of which was perhaps the cession of South Tirol, a purely German territory, to Italy. Reparation is the title of that part of the Peace Treaties which provides for the compensation of damage done to the Allied and Associated Powers and their peoples. Certain acts of damage specified in the Hague Convention IV of 1907, and the Regulations thereto annexed, render the belligerent party liable to make compensation. This covers responsibility for all such acts committed by persons forming part of its armed forces. Among them are included bombardment, by any means whatever, of undefended towns, villages, habitations or buildings; pillaging of towns or places even when taken by assault; destruction or seizure of the enemy's property unless such act is imperatively demanded by the necessities of war; the confiscation of

private property; the violation of family honour and rights; taking the lives of individuals or their property; and the infliction of general penalties, pecuniary or otherwise, on the population on account of acts of individuals for which it cannot be regarded as collectively responsible. All appliances for the transport of persons or goods if seized must be restored, and indemnities for them regulated at the peace; all destruction or intentional damage to institutions dedicated to religious worship, charity, education, art and science is forbidden. Such damage on a huge scale in Belgium and NorthEastern France was wilfully caused by the invaders, to say nothing of other violations of international law and conventions. Evidently the claim for compensation cannot be entirely met by money payments, and must be provided for by the delivery of other forms of property. And this is stipulated for in the various Peace Treaties, as follows:

Germany, Art. 231.-The Allied and Associated Governments affirm and Germany accepts the responsibility of Germany and her allies for causing all the loss and damage to which the Allied and Associated Governments and their nationals have been subjected as a consequence of the war imposed upon them by Germany and her allies.

Art. 232.-The Allied and Associated Governments recognise that the resources of Germany are not adequate, after taking into account permanent diminutions of such resources which will result from other provisions of the present Treaty, to make complete reparation of all such loss and damage.

In the Austrian and Hungarian Treaties the corresponding articles are identical with this, except that 'all' is omitted before 'loss' in both places.

The corresponding provisions of the Bulgarian Treaty

are:

Art. 121.- Bulgaria recognises that, by joining in the war of aggression which Germany and Austria waged against the Allied and Associated Powers, she has caused to the latter losses and sacrifices of all kinds, for which she ought to make reparation.

'On the other hand, the Allied and Associated Powers recognise that the resources of Bulgaria are not sufficient to enable her to make complete reparation.'

Whereas the amount of compensation to be paid by Vol. 235.-No. 466.

B