870.811/49
The Acting Secretary of
State to the Swiss Chargé (
Jenny
)
Washington
,
August 31,
1920
.
Sir: I have the honor to acknowledge the
receipt of your note of August 10, 1920, with which was transmitted a
transcript of a cable from the Swiss Foreign Office concerning a protest
of the German Government against the nomination by the United States of
Mr. Hines as arbitrator in accordance with Article 339 of the Treaty of
Peace with Germany. Your note also contained the offer to transmit to
the Swiss Foreign Office for communication to the German Government the
reply of this Government in the premises.
I therefore avail myself of your offer and request that you kindly
transmit to the Swiss Foreign Office for communication to the German
Government the reply herewith enclosed.
Accept [etc.]
[Enclosure]
The Department of
State to the Swiss
Legation
The Government of the United States is surprised to have been made
the recipient of a protest on the part of the German Government
against the appointment of Mr. Walker Hines as arbitrator in
accordance with Article 339 of the Treaty of Peace with Germany.
Since the appointment of Mr. Hines was made at the request of the
Allied Powers, it appears that any observations on the part of the
German Government regarding the appointment should have been
addressed to these Powers. The Government of the United States is
nevertheless willing to state its position.
Under Article 339 of the Treaty of Peace with Germany, the Government
of the United States was given the power to appoint an arbitrator on
its own initiative and no request from the Allied or German
Governments was necessary to validate such an appointment. Owing,
however, to special circumstances, it appeared advisable to this
Government not to exercise its prerogative under the Treaty and
consequently no action was taken until the Allied Governments
formally requested that the Government of the United States should
immediately nominate the arbitrator or arbitrators [Page 271] independently of the position of the
United States as a signatory of the Treaty of Peace. On legal and
practical grounds there appears no basis for the protest of the
German Government. The Government of the United States cannot
therefore consider this protest which it regards as indicating on
the part of the German Government not only a lack of appreciation of
the course of action followed by the United States, but if persisted
in, also a lack of desire to cooperate in the stabilization of
present conditions throughout Europe on a peaceful basis.
