Therefore, irrespective of ratification of treaty by United States, this Government is entitled to benefits of this lien and priority for its occupation costs. This Government cannot admit that either Allied Governments or Reparation Commission can dispose of assets thus pledged without taking into consideration interests and rights of United States in respect thereto. Since Germany is definitely bound by lien created for the cost of all armies of occupation, and Powers ratifying the treaty are also bound to recognize this lien, no further agreement would seem to be necessary, and for foregoing reasons, Department does not consider that payment of American costs by Commission would be, as indicated in your paragraph fifth, a waiver of security and priority of other Powers. Fifth. There apparently has been no disposition either on part of Reparation Commission or Allied Powers to question right of United States to participate in disposition of ex-German property under treaty. Indeed, it would appear from your B-194 of August 10, as well as from Allen's telegram referred to in Department's B-132 of October 1, that Reparation Commission expected to present claims for costs of occupation on behalf of United States. Also, when it was desired to extend scope of Reparation Commission to cover financial section of treaty, assent of United States was requested. (See Rathbone's R-437 of March 19 and Department's R-294 in reply.53) Furthermore, United States has been given share of dyestuffs, aeronautic materials, et cetera, also offered share of German war vessels, and at recent conference at Washington preliminary to the future world conference on electrical communications, at which disposition of German cables was considered by representatives of Italy, Japan, Great Britain, France and the United States, claim of United States to rights under the treaty, in common with principal Allied Powers, to German cables ceded under Annex 7 of Part 8, was recognized specifically. 54 Sixth. Unnecessary to accept Spa Agreement 55 to obtain priority of costs of occupation. This priority not only provided by treaty, but the agreement of the Committee of Four, approved by Council June 24, 1919, concerning certain priority to Beligum, expressly provides that such priority granted Beligum only "after the priority accorded by Art 235, in respect of the expenses of the Armies of Occupation and the payments for the supply of Germany". Department unaware of any basis for a claim by Belgium to priority over occupation costs. Not printed. 54 See vol 1, pn. 107 ff. 55 Post, 406. DAVIS 862t.01/224: Telegram The Ambassador in France (Wallace) to the Acting Secretary of State [Paraphrase] PARIS, January 11, 1921-8 p.m. [Received January 12–9:38 a.m.] 32. Your telegram no. 1732 of December 28. Following received from Allen: Have received cable instructions through Paris for my guidance regarding speeches in occupied territory by German Cabinet ministers. On December 27 this matter came up for action at which time it was proposed that all representatives at High Commission should sign note to the Reichs Commissioner, Von Starck. Although believing that Cabinet ministers should obey High Commission ordinances, like all others coming into occupied territory, I declined to sign any letter. I suggested that the President of the High Commission sign alone and that was done. WALLACE UNOFFICIAL REPRESENTATION OF THE UNITED STATES ON THE REPARATION COMMISSION 462.00 R 29/1: Telegram The Ambassador in France (Wallace) to the Secretary of State PARIS, January 11, 1920-9 p.m. 105. R-206. For Department and Davis.55 1st. Following minutes of Conference of American, British, French, Italian, and Belgian delegates Organization Committee, Reparation Commission, held January 9: Loucheur, speaking [in] his own name and in that of the delegates of Great Britain, Italy and Belgium asked Mr. Rathbone 56 if hope must be abandoned of seeing the United States take its seat officially on the Reparation Commission before it had ratified the treaty. Mr. Rathbone declared that he could not give a definite reply for the present. It was impossible for the American delegation to assist officially at the [this] date of [in] Commission's meetings but it was possible that before ratification took place or even if ratification did not take place the United States Government might authorize its official representation. Monsieur Loucheur replied that in that case without discussing this point further given Mr. Rathbone's reply and speaking in the 5 Norman H. Davis, Assistant Secretary, U. S. Treasury, from Nov. 1919 to June 1920; assumed duties as Under Secretary of State, June 15, 1920. 56 'Albert Rathbone, Assistant Secretary, U. S. Treasury, in Europe to handle matters relating to the Reparation Commission. name of all his colleagues he extended through Mr. Rathbone to the American delegation an invitation to assist unofficially, although in the present circumstances it could not vote, at all meetings of the Commission, and to take part in all its discussions. Mr. Rathbone thanked Monsieur Loucheur and his colleagues for the invitation extended, declared that he was authorized to accept it and added that his country would certainly appreciate this courtesy. Monsieur Loucheur expressed the hope that ratification of the treaty would soon permit the United States to be represented officially. Mr. Rathbone replied that he was sure that the Government and the people shared this hope. Rathbone 462.00 R 29/12: Telegram The Ambassador in France (Wallace) to the Secretary of State PARIS, January 24, 1920—10 p.m. 254. For Department and Davis. R-246. Following summary of inaugural sitting Reparation Commission held at 3 to-day. 1st. In the presence of following delegates and assistant delegates; Bradbury and Levick, Great Britain; Jonnart and Mauclère, France; Bertolini and d'Amelio, Italy; Theunis and Bemelmans, Belgium, and Rathbone and Logan, United States, as invited guests, and only one secretary per delegation; French Premier Millerand made allocution, saluting delegates and expressing appreciation of magnitude of their task. Italian delegate responded, thanking Millerand for his presence. Verification of credentials followed, Rathbone stating United States had no official representation nor credentials; French delegate replying that American representatives were present by unanimous invitation of delegates. 2d. Millerand, American delegation, and secretaries having withdrawn, remaining delegates proceeded to elect Jonnart, French delegate, chairman of Commission and Bertolini, Italian delegate, vice chairman. Then French delegate and assistant delegate requested Rathbone and Logan to take their seats and participate in work of Commission and Rathbone accepted to do so unofficially. 3d. Commission approved project of provisional organization, and, on British proposal elected Salter general secretary; and, on French proposal Bergery, and, on Belgian proposal, Denis assistants to general secretary. 126794-vol. 11-36- -28 4th. Establishment committee appointed to deal with questions of personnel consisting of [National General Secretary] of each delegation, though delegates and assistant delegates retain right to be present. 5th. Standing orders and draft budget and notification of Commission's constitution to powers concerned and demand on Germany for first installment for Commission expenses also discussed, but no important decision reached. Rathbone. WALLACE 462.00 R 29/127a: Telegram The Acting Secretary of State to the Ambassador in France (Wallace) [Paraphrase] WASHINGTON, March 20, 1920—1 p.m. 568. For Rathbone from Davis. Treasury R–279. 1. Within a few days, Roland W. Boyden, a Boston attorney, will sail and after his arrival will relieve you of Reparation work as soon as you can transfer it to him. I am sorry it has not been possible sooner to make arrangements for some one to substitute for you. It was considered inadvisable for me to leave Washington until further developments make it possible for us to define our permanent relation to the situation in Paris. 2. It is contemplated that at least for the present Bayne will continue on the Committee of Jurists as unofficial American representative. 462.00 R 29/145: Telegram POLK The Ambassador in France (Wallace) to the Secretary of State PARIS, April 1, 1920. [Received April 1-6:45 p.m.] 875. R-487. For Secretary Treasury and Davis. Boyden arrived safely. I am surrendering to him April 1 functions of American unofficial representative to Reparation Commission. Cables from him will be number B-1 upward and cables sent to him should be similarly numbered. I shall continue to use the R series for cables relating to Treasury matters and you should continue to use R series for Treasury cables to me. All cables received on and after April 1 relating to Reparation matters will be turned over to Boyden. I am turning over to Boyden unexpended balance of funds transferred to me by Peace Conference. I propose to remain in Paris until week commencing April 12 so that Boyden can avail of my familiarity with past and pending matters to such. extent as he may desire. I shall not attend any further meetings of Commission. . . . Rathbone. WALLACE 462.00 R 29/202: Telegram The Ambassador in France (Wallace) to the Secretary of State PARIS, May 5, 1920-noon. 1094. B-64 to Davis. Your 778 Treasury B-10 supplementing my B-16.58 1st. After canvassing whole matter with Logan, have decided, for the present at least, not to go to Astoria if I can make arrangement with Commission by which they allow me amount equivalent to rent of space reserved for us at Astoria. They will probably be glad make this arrangement as other delegations at Astoria are crowded. Remaining outside peculiar and fits better with theory of unofficial representation though this not very important. Real reason is independent quarters relieve us of some work and of many time-consuming interruptions, inevitable if we were in the same building, also Logan's special work and organization cannot easily be transferred to Astoria and undesirable we should separate. 2d. Foregoing decision assumes that we are able to make arrangements with landlord here so that we assume no obligations except for space we occupy and are free to move after reasonable notice and. that as rent does not substantially exceed rent allowance made by Commission, these conditions seem feasible. 3d. Certain Americans are direct employees of Commission and can not properly be regarded as part of our delegation. They would hold their jobs even if we should withdraw our unofficial representation. Their obligation is now direct to the Commission and not to us and we do not have to take their salaries into account though of course our relation to them is such that we can always utilize their knowledge and advice. 4. Theory of unofficial representation probably requires that certain Americans should not receive pay from Reparation Commission. My judgment is this restriction very limited. Should be confined to our voting representatives, myself, Logan, and Smith,59 who is our 48 50 Neither printed. Maj. C. H. Smith, American unofficial representative on the Austrian section of the Reparation Commission. |