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28 Apr 1939

ww2dbaseGerman 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 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 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 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 immediately 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.

---

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 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 conversations 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 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 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 declaration 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 ww2dbase

Source(s):
Yale Law School Avalon Project

Added By:
C. Peter Chen

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