760c.6215/414

The Secretary of State to the Minister in Poland (Pearson)

No. 123

Sir: There is enclosed herewith for your confidential information a copy of a Memorandum left by the Polish Minister on May 28, [Page 24] 1925. Upon being apprised of the contents of the Memorandum I drew the Minister’s attention to the fact that the United States could not in any way associate itself with a Security Pact36 and must maintain an entirely neutral position with regard to any boundary disputes arising in connection therewith. The Polish Minister stated that he understood the situation perfectly.

I am [etc.]

Frank B. Kellogg
[Enclosure]

The Polish Legation to the Department of State

Memorandum

For some time past there has been a great deal of discussion in connection with the so-called security pacts of the alleged injustice of those clauses of the Treaty of Versailles which gave to Poland the Province of Pomerania, commonly known as the “Polish Corridor”, and of the allotment of a part of Upper Silesia to Poland on the basis of the Treaty of Versailles and the subsequent plebiscite.

Pomerania is the district extending from Poznania to the Baltic Sea. It constitutes Poland’s only free access to the sea. The population is and always has been predominantly Polish. Before the war, according to the official German census, Poles constituted 80.4% of the population and Germans 19.6%. In the elections to the Polish Diet held in Pomerania November 5, 1922, the Polish lists embraced 85% of the population and the German lists 15%. Since 1922 a considerable number of Germans have left Pomerania and an additional number will have to leave before 1926, in accordance with the terms of the Convention of Vienna signed August 30, 1924, regulating the question of option of nationality. A fair estimate of the present numerical relation of Poles and Germans in Pomerania would be, Poles, 90%, Germans 10%.

On fifteen occasions between 1875 and 1918 the people of Pomerania cast their ballots for the election of a member to represent that district in the German Reichstag. These elections invariably resulted in the choice of a Pole to represent Pomerania.

The Transit Convention of Paris, signed by Poland and Germany April 25, 1921, provides for free and unrestricted traffic between the German Province of East Prussia lying to the east of Pomerania and the main body of Germany lying to the west. For the settlement of complaints and grievances arising in connection with this transit traffic the contracting parties established a Mixed Transit [Page 25] Tribunal under neutral presidency with final jurisdiction. The first case which this Transit Tribunal was called upon to hear in the course of its three years of existence was a German protest in connection with the railway disaster occurring at Starogard on April 30, 1925. In this case the Tribunal exonerated the Polish Government of any responsibility for the disaster, the evidence pointing to a criminal attempt by parties unknown. Pomerania constitutes no barrier to communication between one part of Germany and another. Persons and goods are moved through the territory in question without being subject to any formality whatever. Neither passports nor visas are required, and freight and baggage are liable to no tariff nor inspection. This is true not only on the railroads but on the waterways.

The first draft of the Treaty of Versailles provided that the Polish-inhabited districts of Upper Silesia should be given to Poland. Because of Germany’s protest and in deference to the opinion of the British representative who reversed his position the final Treaty provided for the taking of a plebiscite as a guide in the delimitation of the boundary line. Article 88 of the Treaty of Versailles provided as follows:

“In …,37 Upper Silesia …,37 the inhabitants will be called upon to indicate by a vote whether they wish to be attached to Germany or to Poland: …37 Germany hereby renounces in favor of Poland all rights and title over the portion of Upper Silesia lying beyond the frontier line fixed by the Principal Allied and Associated Powers as a result of the plebiscite.

“Annex Paragraph 4. …37 The result of the vote will be determined by communes according to the majority of votes in each commune.

“Paragraph 5. On the conclusion of the voting, the number of votes cast in each commune will be communicated by the Commission to the Principal Allied and Associated Powers, with a full report as to the taking of the vote and a recommendation as to the line which ought to be adopted as the frontier of Germany in Upper Silesia. In this recommendation regard will be paid to the wishes of the inhabitants as shown by the vote and to the geographical and economic conditions of the locality.”

The plebiscite was held under Interallied supervision on March 20, 1921. As was expected, in some districts heavy majorities were cast for Poland, in other districts heavy majorities for Germany. Faced with the problem of delimiting the frontier so as to conform as nearly as possible with the spirit and letter of the Treaty, the Supreme Council invoked the good offices of the Council of the League of Nations. The Council appointed a Polish-German Commission under the presidency of Felix Calonder, former President of the [Page 26] Swiss Republic, which actually delimited the boundary line in conformity with the wishes of the inhabitants as expressed in the vote by communes and with due regard for geographical and economic considerations. The work of this Commission was approved by the Council of the League and accepted by the Supreme Council. On May 15, 1922, Poland and Germany signed a Treaty at Geneva embodying the terms of the settlement including the boundary line as approved by the Council of the League and the Supreme Council. No boundary line could have been drawn which would have placed all of the Poles within Poland and all of the Germans within Germany. Sizeable minorities of Poles and Germans respectively were by the force of necessity excluded from the country of their choice.

Immediately after the incorporation within Poland of the part of Upper Silesia allotted by the Treaty, a very large measure of autonomy was granted it by the Polish Diet. A special Upper Silesian Diet was elected by universal suffrage. In the Diet so elected there are 48 members of which number 35 are Poles and 13 are Germans.

These facts which set forth the legal and moral rights of Poland in respect to Pomerania and Upper Silesia will serve to explain why it is unthinkable that any Polish Government could permit itself to enter into a discussion which would in whatever form tend to question Poland’s rights to these parts of her territory. In so refusing to enter into any international discussion of its rights to these territories the Polish Government has ample proof of the unanimous support of its people.

  1. For statement on the work of the Locarno Conference, see the President’s message to Congress, December 8, p. vii.
  2. Omission indicated in the original memorandum.
  3. Omission indicated in the original memorandum.
  4. Omission indicated in the original memorandum.
  5. Omission indicated in the original memorandum.