GERMAN-POLISH DISCUSSIONS. (original) (raw)

CONTENTS.

GERMAN-POLISH DISCUSSIONS.

28 THE BRITISH WAR BLUE BOOK

GERMAN-POLISH DISCUSSIONS.

Explanatory Note.

CERTAIN discussions took place between the German and Polish Governments at the end of 1938 and in the early part of 1939. The German and Polish statements regarding these negotiations are to be found in the annexed documents.

No. 13.

Extract from Herr Hitler's speech to the Reichstag on April 28, 1939.

(Translation.)

There is little to be said as regards German-Polish relations. Here, too, the Peace Treaty of Versailles-of course intentionally-inflicted a most severe wound on Germany. The strange way in which the Corridor giving Poland access to the sea was marked out was meant, above all, to prevent for all time the establishment of an understanding between Poland and Germany. This problem is-as I have already stressed-perhaps the most painful of all problems for Germany. Nevertheless, I have never ceased to uphold the view that the necessity of a free access to the sea for the Polish State cannot be ignored, and that as a general principle, valid for this case, too, nations which Providence has destined or, if you like, condemned to live side by side would be well advised not to make life still harder for each other artificially and unnecessarily. The late Marshal Pilsudski, who was of the same opinion, was therefore prepared to go into the question of clarifying the atmosphere of German-Polish relations, and, finally, to conclude an agreement whereby Germany and Poland expressed their intention of renouncing war altogether as a means of settling the questions which concerned them both. This agreement contained one single exception which was in practice conceded to Poland. It was laid down that the pacts of mutual assistance already entered into by Poland-this applied to the pact with France- should not be affected by the agreement. But it was obvious that this could apply only to the pact of mutual assistance already concluded beforehand, and not to whatever new pacts

GERMAN-POLISH DISCUSSIONS 29

might be concluded in the future. It is a fact that the German-Polish Agreement resulted in a remarkable lessening of the European tension. Nevertheless, there remained one open question between Germany and Poland, which sooner or later quite naturally had to be solved-the question of the German city of Danzig. Danzig is a German city and wishes to belong to Germany. On the other hand, this city has contracts with Poland, which were admittedly forced upon it by the dictators of the Peace of Versailles. But since, moreover, the League of Nations, formerly the greatest stirrer-up of trouble, is now represented by a High Commissioner-incidentally a man of extraordinary tact-the problem of Danzig must in any case come up for discussion, at the latest with the gradual extinction of this calamitous institution. I regarded the peaceful settlement of this problem as a further contribution to a final loosening of the European tension. For this loosening of the tension is assuredly not to be achieved through the agitations of insane warmongers, but through the removal of the real elements of danger. After the problem of Danzig had already been discussed several times some months ago, I made a concrete offer to the Polish Government. I now make this offer known to you, Gentlemen, and you yourselves will judge whether this offer did not represent the greatest imaginable concession in the interests of European peace. As I have already pointed out, I have always seen the necessity of an access to the sea for this country, and have consequently taken this necessity into consideration. I am no democratic statesman, but a National Socialist and a realist.

I considered it, however, necessary to make it clear to the Government in Warsaw that just as they desire access to the sea, so Germany needs access to her province in the east. Now these are all difficult problems. It is not Germany who is responsible for them, however, but rather the jugglers of Versailles, who either in their maliciousness or their thoughtlessness placed 100 powder barrels round about in Europe, all equipped with hardly extinguishable lighted fuses. These problems cannot be solved according to old-fashioned ideas; I think, rather, that we should adopt new methods. Poland's access to the sea by way of the Corridor, and, on the other hand, a German route through the Corridor have, for example, no kind of

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military importance whatsoever. Their importance is exclusively psychological and economic. To accord military importance to a traffic route of this kind, would be to show oneself completely ignorant of military affairs. Consequently, I have had the following proposal submitted to the Polish Government:-

(1) Danzig returns as a Free State into the framework of the German Reich.

(2) Germany receives a route through the Corridor and a railway line at her own disposal possessing the same extraterritorial status for Germany as the Corridor itself has for Poland.

In return, Germany is prepared:-

(1) To recognise all Polish economic rights in Danzig.

(2) To ensure for Poland a free harbour in Danzig of any size desired which would have completely free access to the sea.

(3) To accept at the same time the present boundaries between Germany and Poland and to regard them as ultimate.

(4) To conclude a twenty-five-year non-aggression treaty with Poland, a treaty therefore which would extend far beyond the duration of my own life.

(5) To guarantee the independence of the Slovak State by Germany, Poland and Hungary jointly-which means in practice the renunciation of any unilateral German hegemony in this territory.

The Polish Government have rejected my offer and have only declared that they are prepared (1) to negotiate concerning the question of a substitute for the Commissioner of the League of Nations and (2) to consider facilities for the transit traffic through the Corridor.

I have regretted greatly this incomprehensible attitude of the Polish Government, but that alone is not the decisive fact, the worst is that now Poland, like Czecho-Slovakia a year ago, believes, under the pressure of a lying international campaign, that it must call up troops, although Germany on her part has not called up a single man and had not thought of proceeding in

GERMAN-POLISH DISCUSSIONS 31

any way against Poland. As I have said, this is in itself very regrettable and posterity will one day decide whether it was really right to refuse this suggestion made this once by me. This-as I have said-was an endeavour on my part to solve a question which intimately affects the German people by a truly unique compromise, and to solve it to the advantage of both countries. According to my conviction Poland was not a giving party in this solution at all but only a receiving party, because it should be beyond all doubt that Danzig will never become Polish. The intention to attack on the part of Germany, which was merely invented by the international press, led as you know to the so-called guarantee offer and to an obligation on the part of the Polish Government for mutual assistance, which would also, under certain circumstances, compel Poland to take military action against Germany in the event of a conflict between Germany and any other Power and in which England, in her turn, would be involved. This obligation is contradictory to the agreement which I made with Marshal Pilsudski some time ago, seeing that in this agreement reference is made exclusively to existing obligations, that is at that time, namely, to the obligations of Poland towards France of which we were aware. To extend these obligations subsequently is contrary to the terms of the German-Polish non-aggression pact. Under these circumstances I should not have entered into this pact at that time, because what sense can non-aggression pacts have if in practice leaves open an enormous number of one partner exceptions.

There is either collective security, that is collective insecurity and continuous danger of war, or clear agreements which, however, exclude fundamentally any use of arms between the contracting parties. I therefore look upon the agreement which Marshal Pilsudski and I at one time concluded as having been unilaterally infringed by Poland and thereby no longer in existence!

I have sent a communication to this effect to the Polish Government. However, I can only repeat at this point that my decision does not constitute a modification of my attitude in principle with regard to the problems mentioned above. Should the Polish Government wish to come to fresh contractual arrangements governing its relations with Germany, I can but

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welcome such an idea, provided, of course, that these arrangements are based on an absolutely clear obligation binding both parties in equal measure. Germany is perfectly willing at any time to undertake such obligations and also to fulfil them.

No. 14.

German Government Memorandum handed to the Polish Government on April 28, 1939.

(Translation.)

THE German Government have taken note of the Polish-British declaration regarding the progress and aims of the negotiations recently conducted between Poland and Great Britain. According to this declaration there has been concluded between the Polish Government and the British Government a temporary understanding, to be replaced shortly by a permanent agreement which will provide for the giving of mutual assistance by Poland and Great Britain in the event of the independence of one of the two States being directly or indirectly threatened.

2. The German Government consider themselves obliged to communicate the following to the Polish Government:-

3. When in 1933 the National Socialist Government set about the reshaping of German policy, after Germany's departure from the League of Nations, their first object was to stabilise German-Polish relations on a new plane. The Chancellor of the German Reich and the late Marshal Pilsudski concurred in the decision to break with the political methods of the past and to enter, as regards the settlement of all questions affecting both States, on the path of direct understanding between them.

4. By means of the unconditional renunciation of the use of force, guarantees of peace were instituted in order to assist the two States in the difficult task of solving all political, economic and cultural problems by means of the just and equitable adjustment of mutual interests. These principles, contained in a binding form in the German-Polish Peace Declaration of the 26th January, 1934, had this aim in view [_sic_] and by their practical success were intended to introduce an entirely new phase of German

GERMAN-POLISH DISCUSSIONS 33

Polish relations. The political history of the last five years shows that they proved efficacious in practice for both nations. As recently as the 26th January of this year, on the fifth anniversary of the signature of the declaration, both sides publicly confirmed this fact, while emphasising their united will to maintain in the future their adhesion to the principles established in 1934.

5. The agreement which has now been concluded by the Polish Government with the British Government is in such obvious contradiction to these solemn declarations of a few months ago that the German Government can take note only with surprise and astonishment of such violent reversal of Polish policy. Irrespective of the manner in which its final formulation may be determined by both parties, the new Polish-British Agreement is intended as a regular pact of alliance, which by reason of its general sense and of the present state of political relations is directed exclusively against Germany. From the obligation now accepted by the Polish Government it appears that Poland intends in certain circumstances to take an active part in any possible German-British conflict in the event of aggression against Germany, even should this conflict not affect Poland and her interests. This is a direct and open blow against the renunciation of all use of force contained in the 1934 declaration.

6. The contradiction between the German-Polish Declaration and the Polish-British Agreement is, however, even more far-reaching in its importance than that. The 1934 declaration was to constitute a basis for the regulation of all differences arising between the two countries, independently of international complications and combinations, by means of direct discussion between Berlin and Warsaw, to the exclusion of external influences. Naturally, such a basis must rest on the mutual confidence of both parties and on the political loyalty of the intentions of one party with regard to the other.

7. The Polish Government, however, by their recent decision to accede to an alliance directed against Germany, have given it to be understood that they prefer a promise of help by a third Power to the direct guarantee of peace by the German Government. In view of this the German Government are obliged to conclude that the Polish Government do not at present attach any importance to seeking a solution of German-Polish problems by means of direct friendly discussions with the German Government. The Polish

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Government have thus abandoned the path traced out in 1934 for the shaping of German-Polish relations.

8. The Polish Government cannot in this connexion appeal to the fact that the 1934 declaration was not to affect the obligations previously accepted by Poland and Germany in relation to third parties, and that the Treaty of Alliance between Poland and France maintained its value side by side with that declaration. The Polish-French Alliance already existed in 1934 when Poland and Germany proceeded to reorganise their relations. The German Government were able to accept this fact, since they were entitled to expect that the possible dangers of the Polish-French Alliance, dating from the period of the acutest German-Polish differences, would automatically lose more and more of their significance through the establishment of friendly relations between Germany and Poland. However, the entry of Poland into relations of alliance with Great Britain, which was effected five years after the publication of the declaration of 1934, can for this reason in no way be compared politically with the still valid Polish-French Alliance. By this new alliance the Polish Government have subordinated themselves to a policy inaugurated from another quarter aiming at the encirclement of Germany.

9. The German Government for their part have not given the least cause for such a change in Polish policy. Whenever opportunity offered, they have furnished the Polish Government, both publicly and in confidential conversations, with the most binding assurances that the friendly development of German-Polish relations is a fundamental aim of their foreign policy, and that, in their political decisions, they will always respect Poland's proper interests. Thus the action taken by Germany in March of this year with a view to the pacification of Central Europe did not, in the opinion of the Government of the Reich, disturb Polish interests in any way. This action led to the creation of a common Polish-Hungarian frontier, which had constantly been described on Poland's side as an important political objective. Moreover, the German Government gave unequivocal expression to their readiness to discuss with the Polish Government in a friendly manner all problems which, in the Polish Government's opinion, might arise out of the changed conditions in Central Europe.

10. In an equally friendly spirit the German Government tried

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to regulate yet another question outstanding between Germany and Poland, namely, that of Danzig. The fact that this question required settlement had long been emphasised on the German side, and was not denied on the Polish side. For a long time past the German Government have endeavoured to convince the Polish Government that a solution was certainly possible which would be equitable to the interests of both parties and that the removal of this last obstacle would open a path for a political collaboration of Germany and Poland with the most favourable prospects. In this connexion the German Government did not confine themselves to allusions of a general nature, but in March of this year proposed to the Polish Government in a friendly form a settlement of this question on the following basis:-

11. The return of Danzig to the Reich. An extra-territorial railway line and autostrada between East Prussia and the Reich. In exchange, the recognition by the Reich of the whole Polish Corridor and the whole of Poland's western frontier; the conclusion of a non-aggression pact for twenty-five years; the maintenance of Poland's economic interests in Danzig and the settlement of the remaining economic and communications problems arising for Poland out of the union of Danzig with the Reich. At the same time, the German Government expressed their readiness to respect Polish interests in ensuring the independence of Slovakia.

12. Nobody knowing conditions in Danzig and the Corridor and the problems connected therewith can deny, in judging the matter objectively, that this proposal constitutes the very minimum which must be demanded from the point of view of German interests, which cannot be renounced. The Polish Government, however, gave a reply which, although couched in the form of counter-proposals, showed in its essence an entire lack of comprehension for the German point of view and was equivalent merely to a rejection of the German proposals. The Polish Government proved that they did not consider their reply suitable for the initiation of friendly discussions by proceeding at the same time, in a manner as unexpected as it was drastic, to effect a partial mobilisation of the Polish army on a large scale. By these entirely unjustified measures, the Polish Government demonstrated the meaning and object of the negotiations which they im-

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mediately afterwards entered upon with the British Government. The German Government do not consider it necessary to reply to the partial Polish mobilisation by counter-measures of a military character. They cannot, however, disregard without a word the decisions recently taken by the Polish Government, and are forced, to their own regret, to declare as follows:-

(1) The Polish Government did not avail themselves of the opportunity offered to them by the German Government for a just settlement of the Danzig question, for the final safeguarding of Poland's frontiers with the Reich, and thereby for a permanent strengthening of the friendly neighbourly relations between the two countries. The Polish Government even rejected German proposals made with this object.

(2) At the same time the Polish Government accepted, with regard to another State, political obligations which are not compatible either with the spirit, the meaning or the text of the German-Polish Declaration of the 26th January, 1934. Thereby the Polish Government arbitrarily and unilaterally rendered this declaration null and void.

13. In spite of this necessary statement of fact, the Government of the Reich do not intend to alter their fundamental attitude towards the question of the future of German-Polish relations. Should the Polish Government attach importance to a new settlement of these relations by means of a treaty, the German Government are ready to do this, but on one condition, namely, that such a settlement would have to consist of a clear obligation binding on both parties.

No. 15.

Speech made by M. Beck, the Polish Minister for Foreign Affairs in Parliament on May 5, 1939.

(Translation.)

THE session of the Parliament provides me with an opportunity of filling in some gaps which have occurred in my work of recent months. The course of international events might perhaps justify

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more statements by a Foreign Minister than my single_exposé_ in the Senate Commission for Foreign Affairs.

2. On the other hand it was precisely that swift development of events that prompted me to postpone a public declaration until such time as the principal problems of our foreign policy had taken on a more definite form.

3. The consequences of the weakening of collective international institutions and of a complete change in the method of intercourse between nations, which I have reported on several occasions in the Houses, caused many new problems to arise in different parts of the world. That process and its results have in recent months reached the borders of Poland.

4. A very general definition of these phenomena may be given by saying that relations between individual Powers have taken on a more individual character, with their own specific features. The general rules have been weakened. One nation simply speaks more and more directly to another.

5. As far as we are concerned, very serious events have taken place. Our contact with some Powers has become easier and more profound, while in some cases serious difficulties have arisen. Looking at things chronologically, I refer, in the first place, to our agreement with the United Kingdom, with Great Britain. After repeated diplomatic contacts, designed to define the scope and object of our future relations, we reached on the occasion of my visit to London a direct agreement based on the principle of mutual assistance in the event of a direct or indirect threat to the independence of one of our countries. The formula of the agreement is known to you from the declaration of Mr. Neville Chamberlain of the 6th April, the text of which was drafted by mutual agreement and should be regarded as a pact concluded between the two Governments. I consider it my duty to add that the form and character of the comprehensive conversations held in London give a particular value to the agreement. I should like Polish public opinion to be aware that I found on the part of British statesmen not only a profound knowledge of the general political problems of Europe, but also such an attitude towards our country as permitted me to discuss all vital problems with frankness and confidence without any reservations or doubts.

6. It was possible to establish rapidly the principles of Polish-British collaboration, first of all because we made it clear to each

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other that the intentions of both Governments coincide as regards fundamental European problems; certainly, neither Great Britain nor Poland have any aggressive intentions whatever, but they stand equally firmly in defence of certain basic principles of conduct in international life.

7. The parallel declarations of French political leaders confirm that it is agreed between Paris and Warsaw that the efficacy of our defence pact not only cannot be adversely affected by changes in the international situation, but, on the contrary, that this agreement should constitute one of the most essential elements in the political structure of Europe. The Polish-British Agreement has been employed by the Chancellor of the German Reich as the pretext for unilaterally declaring non-existent the agreement which the Chancellor of the Reich concluded with us in 1934.

8. Before passing to the present stage of this matter, allow me to sketch a brief historical outline.

9. The fact that I had the honour actively to participate in the conclusion and execution of that pact imposes on me the duty of analysing it. The pact of 1934 was a great event in 1934. It was an attempt to improve the course of history as between two great nations, an attempt to escape from the unwholesome atmosphere of daily discord and wider hostile intentions, to rise above the animosity which had accumulated for centuries, and to create deep foundations of mutual respect. An endeavour to oppose evil is always the best form of political activity.

10. The policy of Poland proved our respect for that principle in the most critical moments of recent times.

11. From this point of view, Gentlemen, the breaking off of that pact is not an insignificant matter. However, every treaty is worth as much as the consequences which follow it. And if the policy and conduct of the other party diverges from the principles of the pact, we have no reason for mourning its slackening or dissolution. The Polish-German Pact of 1934 was a treaty of mutual respect and good neighbourly relations, and as such it contributed a positive value to the life of our country, of Germany, and of the whole of Europe. But since there has appeared a tendency to interpret it as limiting the freedom of our policy, or as a ground for demanding from us unilateral concessions contrary to our vital interests, it has lost its real character.

GERMAN-POLISH DISCUSSIONS 39

12. Let us now pass to the present situation. The German Reich has taken the mere fact of the Polish-British understanding as a motive for the breaking off of the pact of 1934. Various legal objections were raised on the German side. I will take the liberty of referring jurists to the text of our reply to the German memorandum, which will be handed to-day to the German Government. I will not detain you any longer on the diplomatic form of this event, but one of its aspects has a special significance. The Reich Government, as appears from the text of the German memorandum, made its decision on the strength of press reports, without consulting the views of either the British or the Polish Government as to the character of the agreement concluded. It would not have been difficult to do so, for immediately on my return from London I expressed my readiness to receive the German Ambassador, who has hitherto not availed himself of the opportunity.

13. Why is this circumstance important? Even for the simplest understanding it is clear that neither the character nor the purpose and scope of the agreement influenced this decision, but merely the fact that such an agreement had been concluded. And this in turn is important for an appreciation of the objects of German policy, since if, contrary to previous declarations, the Government of the Reich interpreted the Polish-German declaration of non-aggression of 1934 as intended to isolate Poland and to prevent the normal friendly collaboration of our country with Western Powers, we ourselves should always have rejected such an interpretation.

14. To make a proper estimate of the situation, we should first of all ask the question, what is the real object of all this? Without that question and our reply, we cannot properly appreciate the character of German statements with regard to matters of concern to Poland. I have already referred to our attitude towards the West. There remains the question of the German proposals as to the future of the Free City of Danzig, the communication of the Reich with East Prussia through our province of Pomorze, and the further subjects raised as of common interest to Poland and Germany.

15. Let us, therefore, investigate these problems in turn.

16. As to Danzig, first some general remarks. The Free City of Danzig was not invented by the Treaty of Versailles. It has

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existed for many centuries as the result-to speak accurately, and rejecting the emotional factor-of the positive interplay of Polish and German interests. The German merchants of Danzig ensured the development and prosperity of that city, thanks to the overseas trade of Poland. Not only the development, but the very raison d'être of the city has been due to the formerly decisive fact of its situation at the mouth of our only great river, and to-day to its position on the main waterway and railway line connecting us with the Baltic. This is a truth which no new formulae can obliterate. The population of Danzig is to-day predominantly German, but its livelihood and prosperity depend on the economic potential of Poland.

17. What conclusions have we drawn from this fact? We have stood and stand firmly on the ground of the rights and interests of our sea-borne trade and our maritime policy in Danzig. While seeking reasonable and conciliatory solutions, we have purposely not endeavoured to exert any pressure on the free national, ideological and cultural development of the German majority in the Free City.

18. I shall not prolong this speech by quoting examples. They are sufficiently well-known to all who have been in any way concerned with the question. But when, after repeated statements by German statesmen, who had respected our standpoint and expressed the view that "this provincial town will not be the object of a conflict between Poland and Germany," I hear a demand for the annexation of Danzig to the Reich, when I receive no reply to our proposal of the 26th March for a joint guarantee of the existence and rights of the Free City, and subsequently I learn that this has been regarded as a rejection of negotiations-I have to ask myself, what is the real object of all this?

19. Is it the freedom of the German population of Danzig, which is not threatened, or a matter of prestige-or is it a matter of barring Poland from the Baltic, from which: Poland will not allow herself to be barred?

20. The same considerations apply to communication across our province of Pomorze. I insist on the term "province of Pomorze." The word "corridor" is an artificial invention, for this is an ancient Polish territory with an insignificant percentage of German colonists.

21. We have given the German Reich all railway facilities,

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we have allowed its citizens to travel without customs or passport formalities from the Reich to East Prussia. We have suggested the extension of similar facilities to road traffic.

22. And here again the question arises-what is the real object of it all?

23. We have no interest in obstructing German citizens in their communication with their eastern province. But we have, on the other hand, no reason whatever to restrict our sovereignty on our own territory.

24. On the first and second points, i.e., the question of the future of Danzig and of communication across Pomorze, it is still a matter of unilateral concessions which the Government of the Reich appear to be demanding from us. A self-respecting nation does not make unilateral concessions. Where, then, is the reciprocity? It appears somewhat vague in the German proposals. The Chancellor of the Reich mentioned in his speech a triple condominium in Slovakia. I am obliged to state that I heard this proposal for the first time in the Chancellor's speech of the 28th April. In certain previous conversations allusions were merely made to the effect that in the event of a general agreement the question of Slovakia could be discussed. We did not attempt to go further with such conversations, since it is not our custom to bargain with the interests of others. Similarly, the proposal for a prolongation of the pact of non-aggression for twenty-five years was also not advanced in any concrete form in any of the recent conversations. Here also unofficial hints were made, emanating, it is true, from prominent representatives of the Reich Government. But in such conversations various other hints were made which extended much further than the subjects under discussion. I reserve the right to return to this matter if necessary.

25. In his speech the Chancellor of the Reich proposes, as a concession on his part, the recognition and definite acceptance of the present frontier between Poland and Germany. I must point out that this would have been a question of recognising what is de jure and de facto our indisputable property. Consequently, this proposal likewise cannot affect my contention that the German desiderata regarding Danzig and a motor road constitute unilateral demands.

26. In the light of these explanations, the House will rightly

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expect from me an answer to the last passage of the German memorandum, which says: "Should the Polish Government attach importance to a new settlement of Polish-German relations by means of a treaty, the German Government are prepared to do this." It appears to me that I have already made clear our attitude, but for the sake of order I will make a resume.

27. The motive for concluding such an agreement would be the word "peace," which the Chancellor emphasised in his speech.

28. Peace is certainly the object of the difficult and intensive work of Polish diplomacy. Two conditions are necessary for this word to be of real value: (1) peaceful intentions, (2) peaceful methods of procedure. If the Government of the Reich is really guided by those two pre-conditions in relation to this country, then all conversations, provided, of course, that they respect the principles I have already enumerated, are possible.

29. If such conversations took place, the Polish Government will, according to their custom, approach the problem objectively, having regard to the experience of recent times, but without withholding their utmost goodwill.

30. Peace is a valuable and desirable thing. Our generation, which has shed its blood in several wars, surely deserves a period of peace. But peace, like almost everything in this world, has its price, high but definable. We in Poland do not recognize the conception of "peace at any price." There is only one thing in the life of men, nations and States which is without price, and that is honour.

No. 16.

Memorandum communicated to the German Government by the Polish Government on May 5, 1939, in reply to the German Government memorandum of April 28, 1939. *

(Translation.)

As appears from the text of the Polish-German Declaration of the 26th January, 1934, ** and from the course of the negotiations which preceded its conclusion, this declaration had as its object

*No. 14

**No. 1.

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to lay the foundations for a new framing of mutual relations based on the following two principles:-

(a)The renunciation of the use of force as between Poland and Germany, and

(b) The friendly settlement by means of free negotiations of any contentious questions which might arise in the relations between the two countries.

The Polish Government have always understood in this manner their obligations under the declaration, and it is in this spirit that they have always been prepared to conduct neighbourly relations with the German Reich.

2. The Polish Government had foreseen for several years that the difficulties encountered by the League of Nations in carrying out its functions at Danzig would create a confused situation which it was in Poland's and Germany's interest to unravel. For several years the Polish Government had given the German Government to understand that frank conversations should be held on this subject. The German Government, however, avoided these and confined themselves to stating that Polish-German relations should not be exposed to difficulties by questions relating to Danzig. Moreover, the German Government more than once gave assurances to the Polish Government regarding the Free City of Danzig. It is sufficient here to quote the declaration made by the Chancellor of the Reich on the 20th February, 1938.

The Chancellor made publicly in the Reichstag the following declaration regarding Danzig:-

"The Polish State respects the national conditions in this State, and the Free City and Germany respect Polish rights. It has thus been possible to clear the way for an understanding which, while arising out of the question of Danzig, has to-day in spite of the efforts of certain disturbers of the peace succeeded in effectively purifying relations between Germany and Poland and has transformed them into sincere and friendly collaboration."

It was only after the events of September, 1938, that the German Government suggested the opening of Polish-German con-

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versations regarding the alteration in the situation in Danzig and regarding the transit routes between the Reich and East Prussia. In this connexion the German memorandum of the 28th April, 1939, refers to the suggestion put forward by the Reich Minister for Foreign Affairs in his conversation of the 21st March, 1939, with the Polish Ambassador in Berlin. In this conversation emphasis was laid on the German side on the necessity for a rapid settlement of these questions which was a condition of the Reich maintaining its proposals in force in their entirety. The Polish Government, animated by the desire to maintain good relations with the Reich, although surprised at the pressing form in which these proposals were put forward, and by the circumstances in which they were advanced, did not refuse conversations although they considered the German demands thus couched to be unacceptable.

In order to facilitate endeavours to reach an amicable solution of the question, the Polish Government on the 26th March, 1939, formulated their point of view in writing to the German Government, stating that they attached full importance to the maintenance of good neighbourly relations with the German Reich. The Polish point of view was summarised in the following points:-

(a) The Polish Government propose a joint guarantee by Poland and Germany of the separate character of the Free City of Danzig, the existence of which was to be based on complete freedom of the local population in internal affairs and on the assurance of respect for Polish rights and interests.

(b) The Polish Government were prepared to examine together with the German Government any further simplifications for persons in transit as well as the technical facilitating of railway and motor transit between the German Reich and East Prussia. The Polish Government were inspired by the idea of giving every possible facility which would permit the citizens of the Reich to travel in transit across Polish territory, if possible without any hindrances. The Polish Government emphasised that their intention was to secure the most liberal treatment possible of the German desiderata in

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this respect with the sole reservation that Poland could not give up her sovereignty over the belt of territory through which the transit routes would run. Finally, the Polish Government indicated that their attitude in the question of facilitating communications across Pomerania depended on the attitude of the Reich regarding the Free City of Danzig.

In formulating the above proposals the Polish Government acted in the spirit of the Polish-German Declaration of 1934 which, by providing the direct exchanges of views on questions of interest to both countries, authorised each State to formulate its point of view in the course of negotiations.

The Polish Government received no formal reply to their counter-proposals for a month, and it was only on the 28th April, 1939, that they learnt from the Chancellor's speech and from the German Government's memorandum that the mere fact of the formulation of counter-proposals instead of the acceptance of the verbal German suggestions without alteration or reservation had been regarded by the Reich as a refusal of discussions.

It is clear that negotiations in which one State formulates demands and the other is to be obliged to accept those demands unaltered are not negotiations in the spirit of the declaration of 1934 and are incompatible with the vital interests and dignity of Poland.

In this connexion it should be pointed out that the Polish Government were unable at that time to express an opinion regarding the Polish-German-Hungarian guarantee of the independence of Slovakia which was alluded to in a general way in the German memorandum and more precisely stated in the Chancellor's speech of the 28th April, 1939, since a proposal of this description and in this form had never been made to them before. It is, moreover, difficult to imagine how such guarantee could be reconciled with the political and military protectorate of the Reich over Slovakia which had been announced a few days previously before the German Reich formulated its proposals towards Poland.

3. The Polish Government cannot accept such an interpretation of the declaration of 1934 as would be equivalent to a

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renunciation of the right to conclude political agreements with third States and, consequently, almost a renunciation of independence in foreign policy. The policy of the German Reich in recent years has clearly indicated that the German Government have not drawn conclusions of this sort from the declaration as far as they themselves were concerned. The obligations publicly accepted by the Reich towards Italy and the German-Slovak Agreement of March, 1939, are clear indications of such an interpretation by the German Government of the declaration of 1934. The Polish Government must here recall that in their relations with other States they give and require full reciprocity as being the only possible foundation of normal relations between States.

The Polish Government reject as completely without foundation all accusations regarding the alleged incompatibility of the Anglo-Polish Mutual Guarantee of April, 1939, with the Polish-German Declaration of 1934. This guarantee has a purely defensive character and in no way threatens the German Reich, in the same way as the Polish-French Alliance, whose compatibility with the Declaration of 1934 has been recognised by the German Reich. The declaration of 1934 in its introductory paragraphs clearly stated that both Governments have "decided to base their mutual relations on the principles laid down in the Pact of Paris of the 27th August, 1928." Now the Pact of Paris, which constituted a general renunciation of war as an instrument of national policy, just as the declaration of 1934 constituted such renunciation in bilateral Polish-German relations, contained the explicit reservation that "any signatory Power which shall hereafter seek to promote its national interests by resort to war should be denied the benefits furnished by this treaty." Germany accepted this principle in signing the Pact of Paris and re-affirmed in the declaration of 1934, together with other principles of the Pact of Paris. It appears from this that the declaration of 1934 would cease to be binding on Poland should Germany have recourse to war in violation of the Pact of Paris. Poland's obligations arising out of the Polish British understanding would come into operation in the event of German action threatening the independence of Great Britain, and, consequently, in the very circumstances in which the dec-

GERMAN-POLISH DISCUSSIONS 47

laration of 1934 and the Pact of Paris had ceased to be binding on Poland as regards Germany.

The German Government in making a complaint against the Polish Government for undertaking obligations to guarantee the independence of Great Britain and in regarding this as a violation by Poland of the declaration of 1934, ignore their own obligations towards Italy of which the Chancellor spoke on the 30th January, 1939, and in particular their obligations towards Slovakia contained in the agreement of the 18th and 23rd March, 1939. The German guarantees of Slovakia did not exclude Poland [_sic_],and, indeed, as appears from the provisions of the above agreement regarding the distribution of garrisons and military fortifications in Western Slovakia, were directed primarily against Poland.

4. It appears from the above that the Government of the German Reich had no justification for their unilateral decision to regard the declaration of 1934 as not binding. The pact was, indeed, concluded for ten years without any possibility of denunciation during that time. It should be pointed out that the decision to regard the 1934 Declaration as not binding took place after the previous refusal of the German State to accept explanations as to the compatibility of the Anglo-Polish guarantee with the 1934 Declaration, which it was the intention of the Polish Government to furnish to the representative of the Reich in Warsaw.

5. Although the Polish Government do not share the view of the German Government that the treaty of 1934 has been violated by Poland, nevertheless, should the German Government attach importance to the fresh regulation, by means of a treaty, of Polish-German relations on a good neighbourly basis, the Polish Government would be prepared to entertain suggestions of this kind with the reservation of their fundamental observations contained above in the present memorandum