D 651 L5L5 UC-NRLF III III II! Ill 1 1 III II III III $c lag ^0E THE LITHUANIAN-POLISH DISPUTE CORRESPONDENCE BETWEEN THE COUNCIL OF THE LEAGUE OF NATIONS AND THE LITHUANIAN GOVERNMENT SINCE THE SECOND ASSEMBLY OF THE LEAGUE OF NATIONS 15th December, 1921— 17th July, 1922. WITH AN INTRODUCTORY STATEMENT OF THE FACTS Pekphones : K.ENSINCTON 67l8. rmN $381. LITHUANIAN INFORMATION BUREAU, 10, PALACE GATE, LONDON, W.8. L O N D N EYRE and SPOTTISWOODE, Ltd. eg THE LITHUANIAN-POLISH DISPUTE CORRESPONDENCE BETWEEN THE COUNCIL OF THE LEAGUE OF NATIONS AND THE LITHUANIAN GOVERNMENT SINCE THE SECOND ASSEMBLY OF THE LEAGUE OF NATIONS 15th December, 1921— 17th July, 1922. WITH AN INTRODUCTORY STATEMENT OF THE FACTS -. . LITHUANIAN INFORMATION BUREAU, I etephones : ,. Kensington 6718. IO, PALACE GATE, Western 3381. LONDON, W.8. LONDON EYRE and SPOTTISWOODE, Ltd. 1922 • • • •••••• ^ J> CONTENTS. INTRODUCTORY STATEMENT. PAGE i. — Resolution of the Council of the League of Nations, 20th September, 1921 - - 5 2. — The so-called Vilna Elections --------6 3. — Question of the Neutral Zone ---.----9 4. — Polish Designs against Lithuania - - - - - - -11 5. — Rights of Minorities in Lithuania ....... 14 CORRESPONDENCE between the COUNCIL of the LEAGUE OF NATIONS and the LITHUANIAN GOVERNMENT since the Second Assembly of the LEAGUE OF NATIONS. PAGE I. — Letter from M. V. Sidzikauskas, Lithuanian Charge d'Affaires in Switzerland, Lithuanian Delegate to the League of Nations, to Sir Eric Drumrnond, Secretary- General of the League of Nations, 15th December, 1921 - - - - 16 Annex to I. — Note from M. P. Klimas, Minister for Foreign Affairs of Lithuania ad interim, to H. Paul Hymans, President of the Council of the League of Nations, 14th December, 1921 ......... 16 II. — Declaration of the Lithuanian Government on the subject of the elections for the Vilna Diet, which was read by the President of the Council of Ministers at the sitting of the Constituent Assembly, 17th December, 192 1 - - 17 III. — Note from M. P. Klimas, Lithuanian Minister for Foreign Affairs ad interim, to the President of the Council of the League of Nations, 24th December, 1921 - - 18 IV. — Note from Mr. T. Naroushevitch, President of the Lithuanian Delegation, to M. Paul Hymans, President of the Council of the League of Nations, 12th January, 1922 - 19 V. — Resolution of the Council of the League of Nations of 13th January, 1922 - 21 VI. — Declaration of the Lithuanian Delegation made at the sitting of the Council of the League of Nations of 13th January, 1922 - - - - - 22 VII. — Note from M. Paul Hymans, President of the Council of the League of Nations to Mr. Naroushevitch, Lithuanian Minister to London, 13th January, 1922 - - 23 VIII. — Note from M. V. Jurgutis, Lithuanian Minister for Foreign Affairs, to the President of the Council of the League of Nations, 21st January, 1922 - - - 24 IX. — Note from M. Paul Hymans, President of the Council of the League of Nations, to M. V. Jurgutis, Lithuanian Minister for Foreign Affairs - - - - 24 X. — Note from M. V. Jurgutis, Lithuanian Minister for Foreign Affairs, to M. Paul Hymans, President of the Council of the League of Nations, 1st March, 1922 - 25 XL — Note from M. V. Jurgutis, Lithuanian Minister for Foreign Affairs, to M. Paul Hymans, President of the Council of the League of Nations, 1st March, 1922 - 25 I. — Annex to XL — Provisional Law establishing the rights of Councils of Jewish communities to impose taxes on the Jewish population - - -26 II. — Annex to XL — Declaration of the Cabinet of Ministers relative to the Law establishing the rights of Councils of Jewish communities to impose taxes on the Jewish population -------27 PAGE XII. — Telegram from M. Jurgutis, Lithuanian Minister for Foreign Affairs, to Sir Eric Drummond, Secretary-General of the League of Nations, 5th March, 1922 - 27 XIII. — Telegram from Sir Eric Drummond, Secretary-General of the League of Nations, to the Lithuanian Minister for Foreign Affairs, 7th March, 1922 - - - 27 XIV. — Telegram from M. Paul Hymans, President of the Council of the League of Nations, to the Lithuanian Minister for Foreign Affairs, nth March, 1922 - - - 27 XV. — Note from M. Jurgutis, Lithuanian Minister for Foreign Affairs, to the President of the Council of the League of Nations, 20th March, 1922 - - - 28 XVI. — Telegram from M. Jurgutis, Lithuanian Minister for Foreign Affairs, to M. Paul Hymans, President of the Council of the League of Nations, 1st April, 1922 - 29 XVII. — Note from M. Jurgutis, Lithuanian Minister for Foreign Affairs, to M. Paul Hymans, President of the Council of the League of Nations, 3rd April, 1922 - 29 XVIII. — Letter from M. Askenazy, Polish Delegate, to M. Hymans, President of the Council of the League of Nations, 8th April, 1922, communicated by the Secretary- General of the League of Nations to the Lithuanian Delegate, 1st May, 1922 - 30 XIX. — Letter from M. Askenazy, Polish Delegate, communicated by the Secretary- General of the League of Nations to M. Sidzikauskas, Lithuanian Delegate, 5th May, 1922 --------- 31 Annex to XIX. — Extract from Reports of Commanders of Polish posts situated along the neutral zone in February-March, 1922 - - - - 31 XX. — The President ad interim of the Lithuanian Delegation to M. J. M. Quinones de Leon, President of the Council of the League of Nations, 13th May, 1922 - - 32 XXI. — M. Sidzikauskas, President of the Lithuanian Delegation, to M. J. M. Quinones de Leon, President of the Council of the League of Nations, 13th May, 1922 - 33 I. — Annex to XXI. — Petition of the Administration of the Commune of Szyr- vinty to the Minister for Foreign Affairs of the Lithuanian Republic, 29th March, 1922 ---------35 II. — Annex to XXI. — Protests from the inhabitants of Seiny, Smoliany, and Punsk against the Polish occupation, addressed to the Lithuanian Minister for Foreign Affairs, 5th April, 1922 ------ 36 XXII. — M. Sidzikauskas, President of the Lithuanian Delegation, to M. Hymans, President of the Council of the League of Nations, 14th May, 1922 - - - 37 XXIII. — M. Sidzikauskas, President of the Lithuanian Delegation, to M. Quinones de Leon, President of the Council of the League of Nations, 15th May, 1922 - 37 XXIV. — M. Sidzikauskas, President of the Lithuanian Delegation, to M. Quinones de Leon, President of the Council of the League of Nations, 15th May, 1922 - 38 Annex to XXIV. — Memorandum relative to Vilna elections, 8th January, 1922 38 XXV. — Declaration made by M. V. Sidzikauskas, President of the Lithuanian Delegation, at the sitting of the Council of the League of Nations, 16th May, 1922 - - 43 XXVI. — Declaration made by M. V. Sidzikauskas, President of the Lithuanian Delegation, at the sitting of the Council of the League of Nations, 17th May, 1922 - - 44 XXVII. — Sir Eric Drummond, Secretary-General of the League of Nations, to M. Sidzikauskas, President of the Lithuanian Delegation, 17th May, 1922 - - - - 46 XXVIII. — M. Paul Mantoux, Director of the Political Section, to M. Sidzikauskas, President of the Lithuanian Delegation, 18th May, 1922 - - - - 46 XXIX. — Letter from the Polish Minister for Foreign Affairs to the President of the Council, 26th June, 1922 --....---46 XXX. — Letter from the Lithuanian Minister for Foreign Affairs to the Secretary-General of the League of Nations, July 17th, 1922 ------ 47 A 2 49 i 863 APPENDICES. PAGE I. — Notes addressed by the Lithuanian Government to the Polish Government after the decision of the Council of the League of Nations of 13th January, 1922, with proposals to begin direct negotiations and submit the decision of the Lithuanian-Polish dispute to the Permanent Court of International Justice ..... 49 (1) Note from the Lithuanian Minister for Foreign Affairs, 27th January, 1922 - 49 (2) Reply from the Polish Minister for Foreign Affairs, 30th January, 1922 - - 5° (3) Note from the Lithuanian Minister for Foreign Affairs, 20th February, 1922 - 51 (4) Reply from the Polish Minister for Foreign Affairs, 15th March, 1922 - - 53 II. — Documents concerning the so-called Vilna Elections - - - - - 55 (1) Declaration of General Zeligowski's successor, A. Meisztowicz, 1st December, 1921 55 (2) Declarations of Lithuanian, White Russian and Jewish national organisations concerning refusal to participate in the elections for the Vilna Seim organised by the Polish occupational authorities ------ 55 (3) Report by the President of the Military Commission of Control of the League of Nations on the Elections, 20th March, 1922 - - - - - 57 III. — Documents concerning the rights of national minorities in Lithuania - - - 58 (1) Provisions of the Constitution of the Lithuanian Republic regarding the rights of national minorities in Lithuania -------58 (2) Declaration of the Jewish group of the Lithuanian Constituent Assembly after the adoption of the Lithuanian Constitution by the Assembly - - 58 IV. — Documents relating to the de jure recognition of Lithuania by the Great Powers - -58 (1) Communication of the Council of Ambassadors to the Lithuanian Government of 13th July, 1922 58 (2) The Lithuanian Government's acceptance of the conditions of the Council of Ambassadors, 4th August, 1922 -------59 V. — Polish outrages in the Vilna region --------59 Petition submitted by the representatives of the village communes of the Vilna district to the Government of Lithuania and the representatives of foreign Powers in Kovno ------ -"59 VI. — Second Project of M. Hymans and the counter-project of the Lithuanian Government, 12th September, 1921 - - - - - - - - -60 INTRODUCTORY STATEMENT.* 1. Resolution of the Council of the League of Nations, September 20th, 1921. ON September 20th, 1921, the Council of the League of Nations, taking into consideration the absence of agreement between Lithuania and Poland, unanimously adopted M. Hymans's second project and resolved to report to both parties the recommenda- tions which it found equitable and suitable for a settlement of the Lithuanian-Polish dispute. In accordance with the resolution of the Council of the League of Nations of the same date, M. Hymans explained the position of the dispute to the plenary meeting of the League of Nations, which approved his project of settlement. At the meeting of the Council on 20th September, the Polish representative verbally refused to accept the Council's final recommendation. On 24th December, 1921 the Government of Lithuania, after a careful examination of the recommendations of the League of Nations, most regretfully informed the Council of the League that it could not accept them, and begged the Council to allow the Government delegate of Lithuania at its next sitting to explain the reasons why. The main reasons, as given by the President of the Lithuanian Delegation, Mr. T. Naroushevitch, are as follows : Paragraph n of the recommendations proposed by the League of Nations grants to Poland the use of Memel port and the Niemen River for the transport of every kind of goods not excluding ammunition and war materials. The effect of this would be to preclude Lithuania from observing neutrality in the event of an aggressive war begun by Poland. This in itself is a prohibitive difficulty from the Lithuanian point of view. But there is a further difficulty. Lithuania signed the Treaty of Moscow with Russia on 12th July, 1920, of which clause 2 of Act 4 expressly imposes upon each of the parties the duty of preventing countries which might be at war with the other party from importing at its ports and from trans- porting through its territory any article which might be utilised against the other party (vide League of Nations, Treaty Series, Vol. III., No. 2, 1921, p. 126). In paragraph 9 of the recommendations it is provided that in the event of disagreement over the interpretation of the military convention between Lithuania and Poland, regarding the establishment of a casus foederis, the decision must be submitted to an arbitrator. The Govern- ment of Lithuania found that such a state of things very seriously impaired the most cherished right of every nation to decide for itself questions of life and death for its citizens. The right of an arbitrator in such a case would be tantamount, in the opinion of the Lithuanian people, to the right of an alien sovereign to dispose of the lives of Lithuanian citizens. M. Hymans's project would introduce the Polish language into the whole of Lithuania on an equal footing with Lithuanian as a State language. In the unoccupied portion of Lithuania, which holds about two and a half million inhabitants, there are scarcely 3 per cent, who speak Polish, and even those are familiar with Lithuanian. The adoption of such a proposal would be equivalent to the forcible Polonization of two and a half million inhabitants. It would bo resisted not only by the Lithuanian majority but also by the national minorities — Jews, Russians, and Germans. Moreover M. Hymans's project contains a series of provisions for a cantonal * The history of the Lithuano- Polish conflict prior to the Resolution of the Assembly of September ?<\ 1 92 1, is dealt with in The Lithuanian-Polish Dispute, presented by the Lithuanian Delegation to the second Assembly of the League of Nations. organisation of Lithuania, methods of recruiting for the army, the conduct of foreign policy, etc., which from the standpoint of the Lithuanian Government would constantly militate against the development and wellbeing of the Lithuanian Republic. At the same time the Lithuanian Delegation, in the name of the Lithuanian Government, declared that it was ready to accept the proposals of the League of Nations for a settlement of the Lithuanian-Polish conflict, on condition of their being modified in the sense of the Lithuanian Government's counter-project of 12th September, which embodied the limit of concession to which the Lithuanian Government could go without jeopardising the very existence of the Lithuanian Republic. If this suggestion on the part of the Lithuanian Government were not acceptable the Lithuanian delegation announced the readiness of the Lithuanian Government to entertain any suggestion relative to the method to be pursued in order to reach a solution of its dispute with Poland. The Council of the League of Nations, at its sitting on 13th January, 1922, having heard the explanations of the Lithuanian representative, resolved to regard as terminated the process of conciliation established by its resolution of 3rd March, 1921 ; it deemed it necessary to abolish the neutral zone between the Lithuanian and Polish troops, and contemplated the withdrawal of the Military Control Commission upon which had devolved the supervision of the neutral zone and the prevention of further armed conflicts between the Lithuanian and Polish armies. The Lithuanian Delegation, taking into consideration that in these circumstances Lithuania was threatened with the danger of further Polish aggression and that at the same time a third of Lithuania, including her capital, remained under an unlawful Polish occupation, deemed it necessary to appeal to the Council of the League of Nations to draw the attention of the Supreme Council to the gravity of the position, and beg it to fix the eastern frontier of Poland, in accordance with Art. 87, p. 3, of the Versailles Treaty. By that means an incidental settlement might be made of the Polish-Lithuanian dispute. At the same time the Lithuanian Government expressed its readiness to submit the Vilna dispute to the Permanent Court of International Justice or to a court of arbitration. On 13th January, 1922, M. Paul Hymans, President of the Council of the League of Nations, replied to the Lithuanian Representative, Mr. T. Naroushevitch, that the Council had not been able to refer to the later proposals of the Lithuanian Delegation when it made its resolution with regard to the Lithuanian Polish dispute, and that the Lithuanian Government could appeal direct to the Supreme Council or the Permanent Court of International Justice. In face of the resolution of the Council of the League of Nations of 13th January, 1922, the Lithuanian Government deemed it necessary to approach the Polish Government direct with a proposal to withdraw its troops beyond the line laid down by the Suvalki agreement and to enter upon direct negotiations. The Polish Government refused. The Lithuanian Government then suggested to Poland that the dispute should be submitted to the Permanent Court of International Justice. This was also refused. Meanwhile Poland took steps to legalise the occupation of the Vilna region by means of the so-called Vilna elections, by attempts to destroy the neutral zone and to compel Lithuania to recognise the existing state of things through the establishment of normal diplomatic and consular relations, etc. Meanwhile in the occupied region she pursued a policy of merciless persecution of everything non-Polish, perpetrating in this respect unheard-of cruelties. 2. The So-called Vilna Elections. Without awaiting the result of the efforts of the League of Nations to settle the Lithuanian- Polish dispute, the Polish Government decided, with the help of the occupational authorities, to carry out in the Vilna region something in the nature of a plebiscite which would forestall any solution of the question undesirable for Poland. With this object the Warsaw Diet on 16th November, 1921, resolved to hold elections in the occupied part of Lithuania for a Vilna Seim, whose task would be to determine the fate of the Vilna region. On 4th December of the same year the Lithuanian Government presented a Note to the President of the League of Nations, M. Hymans, protesting against the attempt of the Polish Government arbitrarily to decide the Vilna question through falsification of the will of the local population, and declared that any decision of the Vilna Seim would be regarded by Lithuania as null and void. The Council of the League of Nations has given effect to the Lithuanian protest, and through its resolution of 13th January, 1922, declared that " It could not recognise a solution of a dispute brought before the League of Nations by one of its members which should be realised outside the recommendation of the Council or without the consent of the two interested parties." Nevertheless those elections took place in spite of the resolution of the Council of the League of Nations of 3rd March, 1921, which declared : "No new election shall be made before the signature of the definite agreement, unless the President of the Conference authorises it." They have been effected by the Polish Government under conditions which have proved that all the fears before entertained about the falsification of the people's will have been more than fulfilled in the event. During the elections all the occupational troops and the entire administrative organisation were maintained in the Vilna region, as was officially announced in a manifesto of M. Meisztowicz, General Zeligowski's successor, on 19th December, 1921. In accordance with paragraphs 6 and 7 of the Electoral Regulations, all officials of the occupational authorities received the right to participate in the elections, notwithstanding that a considerable number of them before the occupation had had no connection with the Vilna region. From various parts of Poland agents of the Polish Government, fortified with the experience gained from the Upper Silesian plebiscite, were brought into the Vilna region. These agents, in conjunction with the dregs of society that had accumulated in the region during the occupation, were banded into special organizations, as, for example, the Z.B.K. (Zwiazek bezpieczenstwa Kraju — League of Safety of the Country). During the elections their task was to keep the local population in a state of constant terror and to exert pressure upon it in the direction desired by the occupational authorities. Before the elections, on 1st October, 1921, a pogrom of the cultural institutions which served the needs of the Lithuanian and White Russian inhabitants was carried out with the object of compelling the Lithuanian and White Russian leaders to leave the Vilna region. It should be noted that during the occupation, the Lithuanian and White Russian intelligentsia, under threat of persecution by the occupational authorities, fled in hundreds from the Vilna district into the unoccupied part of Lithuania. Anything in the nature of a pre-electoral agitation, either written or spoken, was ruled out by the publication of Decree No. 427, which provided severe punishment for all who ventured to agitate against participation in the elections. Before the promulgation of this decree the entire independent press was subjected to constant persecution. Editors were arrested, fines were imposed, lawsuits were deliberately fabricated, newspapers were suppressed. In order to avert accidents during the elections, the occupational authorities carried out what they called " the revision of passports." Under this revision anybody who would not declare himself either a citizen of Poland or of the so-called Central Lithuania, as administered by the Poles, was declared foreign to the region of Vilna, no matter how many years he had lived in the territory.. He received a certificate permitting him to dwell in the district for a limited time, but without political rights. Obviously under such conditions there could be no possibility of a free expression of the will of the local population. Consequently the Lithuanian, White Russian and Jewish inhabitants, who according to pre-war statistics constituted about 90 per cent, of the total population of the Vilna region, declared through their organisations their intention to abstain from the elections. Even this did not deter the occupational authorities from conducting the elections. 8 Owing to this state of things not a single list of independent candidates was submitted. A quasi-Lithuanian list was on the point of being presented in the commune of Ceikyne, formerly Michailovskaia, where out of a total of 18 candidates 14 were illiterate. Some lists were presented in the district of Oszmiana by an adventurer of White Russian nationality named Aleksiuk, an agent in the pay of the Polish Government, which were subsequently disavowed by the White Russians. One of these lists collected 17 ; the other only 4 votes. Thus, there were only Polish lists, containing candidates chosen very often from among the high Polish clergy, such as Archbishop Hryniewicki, or among the members of the Warsaw Diet, such as the Abbe Maciejewicz, or among the Polish officials, such as Professor Parczewski, former Polish deputy to the Russian Duma, now a professor at Vilna, an appointment he received at the hands of the Polish Government. It is interesting to observe that such a candidate as Archbishop Hryniewicki, a Pole born in Poland, was entered on the voters' list as an inhabitant of Vilna, because he had been appointed Bishop of Vilna by the Russian Government and had exercised his functions during a year and a half nearly 38 years ago (in 1883). Voters' Lists were drafted by house to house canvassers only in the town of Vilna. During the drafting of them nobody troubled to verify either the franchise or the citizenship of those registered in the lists. The Polish Government was still less scrupulous in the provinces. It contented itself with the provision of instructors of elections, whose duty it was to conduct the elections. Under these conditions the voters' lists were prepared in the chancelleries on the informa- tion of the mayors of communes and under the dictation of Polish propaganda agents. They were not published either before or after the elections. In view of the evident impossibility in such circumstances of relying upon any considerable number of votes, the occupational authorities resorted to all possible means to lend a semblance of plausibility to the elections. Entire trainloads of residents of Poland wishing to take part in the elections were sent to Vilna. These travellers received free transport in second-class coaches, and some of them also additional remuneration. In Vilna on the polling day the right to vote was scrutinised at the booths only up to midday ; after which votes were cast without any verification by all who had time enough to visit the urns, and as often as they deemed fit. Voters cast ballots not only for themselves but also for their acquaintances. The most character- istic case of this kind was that of Sieniskis, where out of nearly 1,600 persons having the right to vote, only 23 voted. They succeeded however in casting more than 200 votes. In the villages the local inhabitants were driven to the polls by threats of punishment, fines, arson, etc. In some villages — for example, at Dukstas — the Jewish population, confronted with the dilemma — pogrom or the vote — found itself compelled to adopt the second part of the alternative. In spite of all the measures already described, the number of votes did not appear considerable. The Polish Government was obliged to recognise through its Press Agency W.A.P. (Wilenska Agencija Presowa — Vilna Press Agency) that entire villages had refrained from voting. Be that as it may, the elections were carried out to the satisfaction of the occupational authorities, and the so-called Vilna Seim, representing officials of the occupational authorities, elements of all kinds introduced from Poland and a negligible portion of the local population (less than 10 per cent.) found it possible in the spurious name of all the residents of the Vilna region, to bring in a resolution for the attachment of the Vilna region to Poland. The Warsaw Diet, which had been impatiently awaiting this resolution, proclaimed the annexation of the Vilna region to Poland on 24th March, 1922. The Lithuanian Government, in its Note of 14th December, 1921, had already protested to the Council of the League of Nations against the falsification of the will of the population of the Vilna region engineered by the Polish Government. On 1st April, 1922, it again protested against the illegal forcible annexation of the Vilna region and declared that it would not recognise this annexation of Lithuanian territory 3. Question of the Neutral Zone. In spite of the Suvalki agreement, which had been agreed to by Poland only a few days before, the City of Vilna had been occupied by Polish troops. A neutral zone was then established, at the instance of the Control Commission of the League of Nations, for the cessation of hostilities between the Lithuanian and Polish troops. The protocol instituting an armistice on the basis of this zone was signed by the Lithuanian authorities solely with the object of facilitating the evacuation of Vilna by the Polish troops and restoring the position created by the Suvalki agreement which, inter alia, proclaimed that " The present agreement {i.e. the Suvalki agreement) remains in force until all litigious questions between the Poles and the Lithuanians shall be definitely settled." The chief pretext alleged by Poland for refusing to carry out the Suvalki agreement was that Vilna had been occupied by the " rebel " General Zeligowski, who was disowned by the Polish authorities. After the Polish Government in March last took over the administration of the Vilna region, this pretext might be thought to have fallen to the ground. The Polish Govern- ment, however, notwithstanding its pledge given under the Suvalki agreement to observe the frontier line therein laid down, pending a final settlement of the Polish-Lithuanian dispute, not only refused to fulfil its pledge but made every possible effort to destroy the neutral zone imposed by Poland, and to annul the Suvalki agreement through the establishment of a new line which leaves the entire Vilna region, together with the Lithuanian capital, Vilna, under Polish administration. It should be remembered here that the Polish Government has so far violated with impunity four demarcation lines between the Lithuanian and Polish troops, so that a new line, in the event of its establishment, would not afford the Lithuanian Government the smallest satisfaction or guarantee. The existing neutral zone is indeed subjected to constant incursions not only by Polish armed bands but by regular troops. During the early days of March this year Polish troops occupied a section of the railway between the station Rudziszki-Orany situated in the neutral zone. The presence of the Military Control Commission of the League of Nations, which has superintended order in the neutral zone, has appreciably protected it against further Polish aggression. Unfortunately, however, the Council of the League of Nations, in its resolution of 13th January, 1922, contemplated the withdrawal of this Commission and the abolition of the neutral zone. The Lithuanian Government, foreseeing the possible consequences of the withdrawal of the Control Commission, appealed on 13th January, 1922, to the Council of the League of Nations to appoint in its stead a High Commissioner belonging to a neutral nation, who could serve as intermediary between the two Governments in the sense indicated by the Council. Unfortu- nately the Council of the League of Nations found it impossible to satisfy the request of the Lithuanian Government. The Lithuanian Minister for Foreign Affairs, in his note of 21st January this year, again appealed to the President of the Council of the League of Nations to appoint a High Commissioner with the same object, but again without result. The occupational authorities lost no time in taking advantage of the state of affairs thus created. They tried to foment anarchy in the neutral zone, to pave the way to a demand for its abolition, and the tracing in its stead of a new demarcation line. Thereby it was hoped to destroy the legal significance of the line established by the Suvalki agreement. At the same time they accused the Lithuanian Government of responsibility for the anarchy, without a single proof. The Lithuanian Government is, on the contrary, interested in the maintenance of order in the neutral zone. That was why it petitioned for the appointment of a High Commissioner. At the same time it is doing everything in its power to afford more tolerable conditions for the Lithuanian population in the neutral zone. 10 The consequences of such a state of things speedily declared themselves. The inhabitants of the neutral zone dwell under the constant menace of death or robbery if they refuse to submit to the demands of the occupational agents or refuse to express in some form or other their desire for union with Poland. For this purpose the occupational authorities have organised special cadres of the social riff-raff of the occupied region under the leadership of a certain person calling himself Dr. Sarton, who subjects the neutral zone to incessant forays. We give here several examples from a complaint of the Chief of the Szyrvinty commune and from the Note of the Lithuanian Minister for Foreign Affairs of 17th June, 1922, to the President of the Council of the League of Nations. On 1st March, 1921, six Polish soldiers, in the village of Avizance, Szyrvinty commune, situated in the neutral zone, attacked the vicar of the Szyrvinty church, the priest Joseph Mince vicius, at the moment when he was celebrating divine service. They conducted him into the forest, seized his money and watch and threatened him with death for the sole reason that he was a Lithuanian, and they liberated him only after the inhabitants had paid 5,000 Lithuanian marks. On 16th March, 1921, Polish gendarmes in the village of Javniuny arrested the cure of the parish of Zibole, the priest Lajauskas, who had gone to Vilna on church affairs, led him into the Lipovka forest in the neutral zone, and killed him. Six weeks later his body was found in the forest by his parents, who carried it to Zyboli and interred it. The larger part of the parish of Szyrvinty is thus left without religious help, as the priests fear to fall into the hands of Polish gendarmes and to share the fate of the priest Lajauskas. The same winter Polish uhlans twice attacked the inhabitants of Liebionki, plundered them of all articles of value and withdrew with threats of assassination. On 13th June, towards 3.30 a.m., some dozens of Polish uhlans in uniform, with foot soldiers in civilian clothes, figuring as guerillas, numbering about a hundred persons, armed with four machine-guns, grenades, and rifles, made an incursion into the borough of Szyrvinty. The militia of the neutral zone were forced to retire ; and an agent of the militia named Molis was arrested, stripped and shot. During the skirmish which took place between the assailants and the local militia several inhabitants were killed or wounded. The chief of the assailants, a so-called Dr. Sarton, threatened the inhabitants of the Szyrvinty borough with similar incursions in case they should not declare for Poland. On 28th June a detachment of Polish gendarmerie, styled " Battalion of Civilian Gendarmerie of Repression," having raided the villages of Giraite, Motuizai, Sarkiskiai, Moliai, and others flogged, robbed, and arrested those inhabitants who were supposed to be hostile to Polish domination. Moreover, special organisations such as the Z.B.K. (Zwiszek Bezpieczenstwa Kraju — Union for Security of the Country) supported by the Polish authorities and commis- sioned to seize the neutral zone and border regions, continue to be recruited from elements from the whole of Poland and even from Upper Silesia. A branch of this organisation styled the " Police of the People of the Neutral Zone " terrorises the population of that zone. It was this branch which made the incursion of 13th June. Its chief, known as Dr. Sarton, left on 25th June for Vilna to receive new instructions and reinforcements. All the information coming to the Lithuanian Government clearly indicates that he is preparing for new incursions into Szyrvinty and Giedraiciai (Giedroici), situated in the neutral zone. The abolition of the neutral zone in such circumstances and its replacement by a demar- cation line could not in any way improve matters for the inhabitants of the neutral zone, inasmuch as the persecution of that portion of the population which would thus pass under the administration of the occupational authorities of the Vilna region would merely acquire a more legal character. That portion which came under the administration of the Lithuanian authorities would be subjected to the same forays by Polish bands. There is the warning of the four demarcation lines already infringed by the Polish troops. The only difference would II be that the violation of the demarcation line might lead to the immediate resumption of hostilities. At the same time, the fact of the establishment of a demarcation line in lieu of the neutral zone, might create an impression of a renunciation on the part of the Lithuanian Government of its demand for the re-establishment of the line laid down by the Suvalki agreement. To prove that the sufferings of the residents of the neutral zone differ little in substance from the sufferings of the population under the administration of the occupational authorities we quote here several facts submitted to the Government of Lithuania and the representatives of foreign States in Kovno by a delegation from the inhabitants of the Vilna region under the occupation of Polish troops. " i. They attach to the victim's leg a board which they strike with a hammer till blood begins to flow from the sufferer's nose and ears; he is subsequently thrown down and dogs are set on him (vide examples taken from Mrs. Ward Beecher Stowe's ' Uncle Tom's Cabin '). They treated in this manner Dmitri Budko, an elder of Berstai village, Grodno district. " 2. The victim's body is slashed, the wound rubbed with salt, and he is afterwards baited with dogs. In this manner was treated Vladimir Vasilevicius, whose brother refused to serve in the Polish army (Berstai village, Grodno district). " 3. A heated ramrod is thrust into the leg. They treated thus Juozas Sergeicikas, 47 years old, on account of his son, a partisan (Berstai, Grodno district). " 4. Beaten and hung by the legs for two hours — V. Voronko, an elder of Berstai village." The Lithuanian Government is convinced that the only means of safeguarding the interests of the inhabitants of the neutral zone is the appointment of a High Com- missioner by the League of Nations in place of the Military Control Commission now withdrawn. As regards the persecution of the population of the ViJna region under Polish military occupation, humanity and justice demand that a special mixed commission should be appointed to investigate the outrages on the lines of that not long ago proposed by the Government of Great Britain for the investigation of similar Turkish cruelties in Asia Minor. 4. Polish Designs against Lithuania. It is unfortunately impossible to draw any but one conclusion from an intimate knowledge of Poland's present aspirations and her past relations with Lithuania. Poland, under one pretext or another, aims at the occupation of Lithuania. It was for this purpose that the Zeligowski adventure was carried out. It was for the occupation of Western Lithuania that there were created certain military organisations which could at one and the same time enjoy the rights of Polish regular troops and exonerate the Polish Government from all responsibility for their deeds. One of the most active of these organisations was the P.O.W. (Polish Military Organisation). The P.O.W. was founded before the war by the present President of the Polish Republic. It fundamentally aimed at the creation of an independent united Poland with an outlet to the sea. Its method of operation in those territories not yet absorbed by Poland is to enrol Polish troops and spread what in Polish quarters is called " freedom " (Twozenie wojska polskiego i szerzenie wolnosci). 12 Prussian Lithuania and that part of Lithuania which is still free from Polish occupation have in this way become the objects of this kind of activity. According to our information, the P.O.W. organisation was introduced into unoccupied Lithuania by the order of the High Command of the Polish Army (N.D.W.P.) on 16th July, 1919. Its precise objects were defined as : — (1) Armed service in aid of Poland (sluzba zbronjna dla Polski). (2) To propagate the idea of the Lithuanian-Polish Union. (3) To protect the left wing of the Polish army, under whose direction the P.O.W. was operating. In connection with the foregoing aims the P.O.W. undertook to collect certain military information for the Polish High Command— information as to the internal situation of the country, the state of public feeling, and the trend of political forces, the plans of the Govern- ment, the strength, composition and organisation of the army, and a general estimate as to the supply of stores, bridges, routes, defensive points and fortresses, with plans. One of its minor activities was the attempted poisoning of the loyalty of the local popula- tion and troops by means of lying reports about the Government, the hope being that thereby the way would be paved for the successful Polish military occupation of Lithuania. The information on which the above sketch is based is fully documented and has been brought to light from the secret archives of the P.O.W. itself. The plan of operations was thought out in advance, down to the smallest details, in collaboration with the Polish Military Command. Operations were planned to begin on the night of 28th August, 1919. Telegraphic and telephonic communications between Kovno and the front were to be destroyed. The Polish legionaries were to be held in reserve in Vilna to take advantage of any possible outbreak of civil or military panic, in which event they were to occupy the more important railway junctions, such as Kovno itself. It was further intended to arrest all the members of the Lithuanian Government, and to remove by assassination several of the more prominent Lithuanian personages. By the time the operations were to begin, the central administration of the P.O.W. was fully informed as to the number, station and fighting efficiency of the troops in Kovno and the vicinity. Plans of Kovno giving such information have been found in the archives of the P.O.W The start was made of the projected campaign on the night of the 28th August, when several telegraph and telephone lines with Kovno were cut. Luckily the Lithuanian Govern- ment had had timely warning and, thanks to prompt measures, was able to avert bloodshed. Martial law was at once proclaimed. The suspected ringleaders in Kovno were arrested the same night. Communication between the Polish Military Command at Vilna and the P.O.W. was thereby cut and the plot was prevented. Lithuanian scouts took advantage of their opportunity to secure some of the P.O.W. archives in Vilna as well as in Kovno, and the information thereby received led to the discovery of the ringleaders. After this the activities of the P.O.W. were in abeyance for some time. Fifty of its members were tried and legally convicted, although only six remain in prison at the present time. The others were either liberated, in accordance with the twice proclaimed Act of Amnesty, or acquitted. Two died in prison. Forty-three others who were known to be implicated succeeded in getting away. The six still remaining in custody were convicted legally, chiefly on documentary evidence, and several of them wholly or partly admitted their guilt. In 1919 the attempt on the part of Poland to occupy Western Lithuania was thus foiled. As a counter-stroke, however, the Poles retaliated in the occupied portion, including the Lithuanian capital, Vilna, by a systematised persecution of everything Lithuanian, carried out with a thoroughness unknown even under the regime of the notorious Muraviev, the Russian Governor-General of Vilna. A thorough-going attempt was made to suppress the Lithuanian 13 language, Lithuanian schools, charitable institutions, Lithuanian newspapers, and the campaign was pursued even to the extent of arresting and expelling Lithuanian public men from their native country. In Polish quarters the fact was hardly concealed that all this was an attempt at the denationalisation of the occupied territory, with a view to being able afterwards to prove to the League of Nations and to the world that the territory occupied by the Poles was Polish and not Lithuanian. This policy has manifested itself recently in the following acts : — i. On ist October, 1921, pogroms were organised against Lithuanian institutions. Lithuanian children were evicted from the schools and beaten. Lithuanian orphan asylums and refuges were shut down and Lithuanian newspapers suppressed. A protest against these measures was sent by Lithuania to the League of Nations. 2. Baron S. Silingas, the well-known Lithuanian leader, was arbitrarily imprisoned. In this connection a protest was sent to the League of Nations, and Baron Silingas was later released. Thirty-three of the best known Lithuanian and White Russian leaders, after being arrested on 20th January, 1922, and kept in solitary confinement, were expelled beyond the boundaries of their permanent place of residence, whilst their families and belongings were left to the mercy of chance. Again a protest was sent to the League of Nations. No charge whatever was brought against the victims, no charge indeed could be advanced, because these local Lithuanian and White Russian public men had merely employed lawful means for the defence of their national rights. They were expelled in order to weaken the national fibre of the local population. 3. On the night of ist June, 1922, the Poles in Vilna carried out a raid on the editorial offices of the Lithuanian papers published in the city, and also on the printing-offices. They scattered the type and seized the title-blocks. All Lithuanian papers, including " Vilnietis," " Garsas," " Litwa," and " Nasza Ziemia," were closed down. A protest was sent to the League of Nations. The Lithuanian and in general the independent Press not belonging to the occupational authorities is now subjected to incessant and deliberately provoked prosecutions and fines. They have failed, however, completely to stifle the voice of the local Press, and the occupational authorities have therefore extorted from the owners of the printing-offices a signed undertaking not to print Lithuanian papers again. When in the place of the " Vilnietis," suppressed on ist July, the " Rytu Lietuva " began to be printed at another office, the latter in turn was forced to promise to discontinue publication. 4. The Polish authorities during June of this year arrested the new editors of Lithuanian papers in Vilna, and the personnel of Lithuanian hospitals, and have raided the Lithuanian high school, the teachers' quarters, etc. 5. During the first half of July, anti- Jewish pogroms took place in Vilna and in the hamlet Rodune (in the Vilna district), involving killed and wounded. There is ground for believing that the social riff-raff that had accumulated in Vilna during the Polish occupation had been deliberately provoked by Polish agitators to commit Jewish pogroms as a form of vengeance on the Jewish population for its refusal to take part in the so-called elections to the Vilna Seim. The inference is confirmed by the fact that the pogroms were participated in by students of the University established in Vilna by the occupational authorities. 6. It is known from pre-war statistics that the Lithuanian, White Russian and Jewish inhabitants, who to-day are the victims of persecution by the occupational authorities, constitute 90 per cent, of the total population of this region. Their attitude to the regime which has been imposed upon them by the Polish authorities is made clear by their refusal to take part in the 14 officially organised January elections for the Seim. It appears now, from newspaper information, that the persecutions have at last led to peasant risings as a final means of defending themselves against the tyranny of the occupational officials. Poland is pledged by treaty with the League of Nations to protect the rights of national minorities; yet in the present case we are witnesses of an anomalous state of affairs in which, thanks to military might, Poland is able with impunity to oppress a national majority in the Vilna region. The Poles have now attempted the further device of playing off those members of the P.O.W. convicted by the Lithuanian authorities for espionage and treason, against the Lithuanian and White Russian workers of Vilna who have been imprisoned and expelled by the Polish authorities. There is all the difference between the two. On one side are unarmed workers whose " crime " has been nothing beyond an attempt to mitigate the sufferings of their fellow-countrymen under alien yoke ; on the other side, traitors who have joined forces with the enemies of their country, and by a military espionage have attempted to make the foreign invasion successful. In other States such persons would have been put to death. In Lithuania they have been dealt with leniently. The Lithuanian Government has been placed in an embarrassing position by the attempt of the Polish Government to compel the liberation of the convicted members of the P.O.W. at a time when the Polish Press contains proclamations about the impending resumption of activities on the part of this organisation. No Government with any sense of responsibility for the security of its subjects could give any but one answer. As was pointed out in the note of the Lithuanian Minister for Foreign Affairs to the Secretary-General of the League of Nations, Sir Eric Drummond, dated 17th July, 1922, many armed persons in civilian clothes have been lately seen in Vilna, and at the same time there has been a steady stream of men into Vilna wearing the badge of the P.O.W. On 25th June of this year, for instance, 130 members of this organisation arrived in Vilna and were welcomed at the station by a military band. With reference to the proposed exchange of prisoners, it should be mentioned here that in general, as far as the Lithuanian Government is concerned, the case affects Lithuanian citizens. Only in one instance were natives of Eastern Lithuania annexed to Poland involved ; in all other cases the prisoners are natives of Western Lithuania. In spite of the gravity of the situation and of the crimes committed by members of the P.O.W. organisation, the Lithuanian Government has on two occasions shown clemency towards them. At the present time the Lithuanian Government, in its desire for peace, would not fail to take advantage of any reasonable pretext for the exercise of clemency if, on its part, the Polish Government would show in practice any corresponding intention of meeting the Lithuanian Government halfway in the quest for a fair modus vivendi. 5. Rights of Minorities in Lithuania. The Constitution of the Lithuanian Republic adopted by the Constituent Assembly established in Chapter VII. the autonomous right of national minorities to manage their own cultural affairs, including education, charitable and mutual aid. National minorities may under the Constitution elect their representative institutions; may levy taxation upon the members of their communes to provide for the cultural needs of the members thereof ; and may employ a corresponding portion of those sums which the State and public administrations earmark for educational and charitable purposes. In accordance with the Law of 10th January, 1920, 15 concerning the right of the Jewish communes to levy taxes upon Jewish inhabitants of Lithuania, the Jewish population of the country since the beginning of 1920 has guaranteed its cultural needs in the way just indicated. The Jewish group of the Lithuanian Constituent Assembly, after the Assembly's adoption of the Constitution, made the following declaration :— " Taking into consideration that since the beginning of the regeneration of the Lithuanian State it has made serious efforts to realise in the State the principle of national autonomy, and that thereby great interest has been evoked in this new method of solution of the national question not only among those sections in Lithuania directly interested, but also beyond its boundaries, and taking into account more particularly the special interest in Jewish autonomy entertained by the Jewish community of the entire world, the Jewish group in the Lithuanian Seim deems it essential, after the principles of national autonomy have received the sanction of the Lithuanian Constitution, to declare with satisfaction that the adopted articles of the Constitution concerning the national minorities of Lithuania furnish a juridical basis for those actual results of Jewish national autonomy which the Jews in Lithuania have hitherto established, and afford an opportunity for their further development. The Jews of Lithuania, therefore, believing in the future of the Lithuanian State and people, are convinced that the realised principles of national autonomy will help to unite all nationalities into a single strong family of citizens, and they entertain the hope that the form of autonomous national life of national minorities in Lithuania as now created will pave a new way for the amicable cohabitation of the peoples of the world." From the beginning of its existence the Lithuanian Republic has laid the firm foundations of equal rights and peaceful cohabitation between the Lithuanian majority and the national minorities. Thus, for example, the Law establishing the organisation of the courts, which was published on 16th January, 1919, and which takes the national minorities into consideration, provides that the Judges, if the litigants do not know the State language, must be able to make themselves understood in the languages of the national minorities (Polish and White Russian). According to the Law of 10th October, 1919, concerning local self-administrations, the local self-administrations may use at their discretion, concurrently with the Lithuanian State language, the languages of the national minorities. These facts will serve to show that the complaints of the Polish Government regarding the alleged unjust attitude of the Lithuanian Government to the Polish minority in unoccupied Lithuania is totally devoid of foundation. i6 Correspondence exchanged between the Council of the League of Nations and the Lithuanian Government since the second Assembly of the League of Nations. M. V. SIDZIKAUSKAS, LITHUANIAN CHARGE D'AFFAIRES IN SWITZERLAND, LITHUANIAN DELEGATE TO THE LEAGUE OF NATIONS, to Sir ERIC DRUMMOND, SECRETARY-GENERAL OF THE LEAGUE OF NATIONS. Berne, December 15th, 1921. Mr. Secretary-General, By order of my Government I have the honour to transmit to you a copy of the note of December 14th sent to His Excellency M. Paul Hymans, President of the'Council of the League of Nations, in which the Government of the Republic of Lithuania has formulated its protests against the attempts of the Polish Government to legalise and stabilise at Vilna the situation created by General Zeligowski's coup de force, through the organisation of elections for the so-called Diet of Vilna, under a military, occupation and a regime of terror and persecution, with a request that you will be so good as to communicate this note to the members of the Council of the League of Nations. Please accept, Mr. Secretary-General, the assurance of my very high consideration. V. SIDZIKAUSKAS, Lithuanian Charge d'Affaires in Switzerland, Lithuanian Delegate to the League of Nations. Annex to No. 1. M. P. KLIMAS, MINISTER FOR FOREIGN AFFAIRS ad. inter. OF LITHUANIA, to M. PAUL HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. Kovno, December 14th, 1921. Mr. President, On November 16 last the Warsaw Diet, on the motion of the Polish Government, passed a resolution proclaiming elections in the contested Vilna territory for an Assembly pledged to decide the fate of that country. On the basis of this resolution, on November 30th, General Zeligowski published a decree convoking the Assembly for 8th January, 1922. The Assembly in question would serve as a sort of plebiscite or popular consultation. Taking into consideration — 1. That any popular consultation can be effected only under conditions guaranteeing the full liberty and sincerity of the vote of the interested population, as determined moreover by the resolution of the Council of the League of Nations in its resolution of 28th October, 1920 ; 2. That the popular consultation under a regime of occupation could only be regarded as a continua- tion of the usage of force ; 3. That the Vilna region for three years has been occupied by Polish troops ; 4. That the administration of the country is entirely in the hands of the occupying State ; 5. That the departure of General Zeligowski alone from Vilna has changed nothing in the internal situation of any part of that region, the Polish troops and administration remaining as before. This fact was officially declared in his manifesto of 1st December by M. Myesztowicz, who has succeeded General Zeligowski ; 6. That the Polish Government has introduced there a veritable regime of terror over the population which does not speak Polish ; 7. That this regime has destroyed not only the Lithuanian political organisations by driving from the country the element hostile to the Polish occupation, but also the purely cultural and economic organisations, as proved by the pogroms of Lithuanian institutions in October last at Vilna ; 8. That it has equally destroyed the White Russian political and cultural organisations ; 17 9. That the Lithuanian, White Russian and Jewish Press has never enjoyed any freedom under the regime of occupation ; 10. That all propaganda in favour of Lithuania is pitilessly prohibited ; ii. That, on the other hand, propaganda against Lithuania is conducted not only in entire freedom, but also by means of organisations specially formed for this purpose and supported by the Polish administration and money, such as : " Zwiazek obrony woli ludnosci nalezenia do Polski " (Union for the defence of the will of the population to be annexed to Poland "), " Straz Kresowa " (Border Guard), and many others ; 12. That the elections to the Assembly, announced and now prepared, are conducted under conditions where the falsification of the will of the population is evident ; — The Government of the Republic of Lithuania energetically protests against all acts of the Polish Government seeking to solve the question of the Vilna region by a unilateral solution and by methods of tampering with the will of the population of the contested region, and declares beforehand that it will consider the vote of the Assembly, if it takes place, as null and void. I beg you to accept, Mr. President, the assurances of my very high consideration. P. Klimas, Minister for Foreign Affairs ad interim. II. DECLARATION OF THE LITHUANIAN GOVERNMENT ON THE SUBJECT OF THE ELECTIONS TO THE VILNA DIET, READ BY THE PRESIDENT OF THE COUNCIL OF MINISTERS AT THE SITTING OF THE CONSTITUENT ASSEMBLY ON DECEMBER 17TH, 1921. Gentlemen, The Government of the Republic, on 15th October, 1920, had the honour of informing you that the question of the occupation of our eastern territories had been submitted to the Council of the League of Nations for solution. The Government will shortly have an opportunity of informing you how this question stands. At the present moment we find ourselves confronted by a fresh attempt of the occupying Powei against the rights of the Lithuanian State. Without even awaiting the final word of the League of Nations on our dispute, the Warsaw Diet, on 16th November, decided to proceed with elections in certain parts of the occupied territory, notably in the districts of Lyda and Braslav. On the 30th of the same month the so-called Government of Central Lithuania, which was illegally created by the High Command of the Polish Army in the autumn of 1920, announced elections to the Vilna Diet which was to meet on January 8th, 1922. This is further an illegal act of the occupying officials, whereby they wish to create an accomplished fact of the attachment of the eastern territories of Lithuania to Poland. One can easily detect in this the wish to benefit by the falsified will of the inhabitants. The elections are being carried out under abnormal conditions. Several persons possessing the franchise have been expelled and thus rendered incapable of participating in the elections. Many persons completely foreign to the country have been brought into it and will vote. There is no freedom of assembly of the Press or of propaganda. On the contrary, persons who to the occupying officials are undesirable are persecuted. Under such conditions the inhabitants cannot freely express their will. The elections to the Diet itself, if they take place, cannot be recognised by the Government of the Republic of Lithuania. The Government of Lithuania protests with the greatest energy against these infringements of the rights of our State and of a portion of its inhabitants. It is sending its protest to the League of Nations and all Governments. While protesting against the new intrigues of the occupying Power, the Government of the Republic of Lithuania declares that, in tending towards the union of all Lithuania, it does not intend to restrict the right of the inhabitants of Eastern Lithuania to regulate the conditions of their domestic life, nor to impose upon them its language nor a method of compulsory organisation. The eastern territories, forming a third of the State, will participate in its administration and its Government, making part of the Constituent Assembly and the Central Government. i8 Eastern Lithuania must have its local autonomy with a Diet at Vilna. The Vilna Diet will legislate on questions concerning the use of local languages, educational, religious and cultural needs, local justice and public economy, as well as on all questions which shall be transferred to it by the Constituent Assembly of the State of Lithuania. To the State Constituent Assembly and Central Government, in which the representatives of the autonomous eastern territory will take part upon a footing of equality, will belong the right of legislating on fundamental questions, without which right the State could not safeguard its independence — as, for instance, in foreign affairs, the declaration of war and the conclusion of peace, the common army, finance and domains, the customs, railways and ways of communication, the supreme court, and common social reforms. In the democratic Republic of Lithuania thus organised there will be no national or religious persecutions, nor infringements of the rights of citizens. Our brothers who, in the course of history, have become estranged from us from the standpoint of language and culture, through adopting the Polish language and culture, may be tranquil and confident that their rights will be respected. Their material and spiritual needs will be safeguarded by the common Constituent Assembly and by the local Diet. Their educational, religious and cultural needs will be administered by themselves and satisfied by their institutions of cultural autonomy. The White Russian nation, with whom the Lithuanians have peacefully dwelt for centuries, may be assured that in the Lithuanian Republic its language, its culture and its religion will be safeguarded, protected by the State and left to the competence of autonomous institutions. The lands on which the White Russians work and which are irrigated with their sweat, will belong to them, and not to foreign colonists. Citizens of Jewish nationality take an active part in the work of State organisation and enjoy very extensive rights. Consequently their nationals inhabiting the eastern part of Lithuania may, with entire confidence, await the reunion of all Lithuania into a single State. The Jewish language, religion and culture will be respected ; their autonomous organisations protected ; their cultural needs satisfied by themselves with the co-operation of the State. All these principles of equity and justice will be applied also to other minorities. Several centuries ago, in times of racial hatred and wars of religion, the Lithuanian State was able to make men of different races, religious and nationalities dwell in harmony within its frontiers. In its relations with the east of Lithuania the Government will be inspired by the same traditions modified only by the exigencies of the new times. The national war which has been fomented in the east of Lithuania by the neighbouring Polish State for the latter's military purposes, and which has found a passing echo as far as the west of Lithuania itself, will not prevent the Government from pursuing this path of conciliation. The imperialistic efforts of the Polish Government in 1920 prevented the Lithuanian Government from replacing the military administration in the liberated territories by a normal administration, and from creating in the east of Lithuania local municipalities and permitting the inhabitants to organise themselves. As soon as, thanks to common efforts, the Polish Government has been compelled to renounce its attempts against the independence of Lithuania, and equitable frontiers have been traced between the two countries, the Lithuanian Government will enter into neighbourly relations with Poland. Once the Polish danger to Lithuania is dispelled, national relations in the east of Lithuania will be speedily regulated. Citizens of the Lithuanian State of all races, religions, and nationalities will find in the Independent Lithuanian Republic a safeguard of their rights, a perfect equality, and the oppor- tunity of living peacefully one with the other. Inspired by these principles, the Government of the Republic contemplates with confidence the future of united Lithuania. III. M. P. KLIMAS, LITHUANIAN MINISTER FOR FOREIGN AFFAIRS AD INTERIM to THE PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. Kaunas, 24th December, 1921. Mr. President, In reply to the resolution of the Council of the League of Nations of September 20th, 1921, approved by the plenary Assembly and relative to its recommendation to regulate the Lithuanian-Polish dispute, I have the honour to bring the following to your knowledge : — The Lithuanian Government considers it its duty to express to the Council of the League of Nations its profound gratitude for the efforts which have brought to an end the hostilities between Lithuania 19 and Poland during the past year, and through which it has been able successfully to maintain peace in that part of Europe. We tender thanks also to His Excellency M. Paul Hymans for the indefatigable activity and devotion displayed by him in the arduous task of bringing the Polish-Lithuanian dispute to a solution and of regulating the relations of the two neighbouring States. The Lithuanian Government has never thought of settling this difference otherwise than by pacific means. To-day it solemnly declares that it will endeavour to pursue hereafter this same path of peace. To this end it has hitherto made numerous efforts towards conciliation by proposing all possible compromises. Nevertheless, after having thoroughly, and under all its aspects, studied the above-mentioned recommendation of the Council of the League of Nations, the Lithuanian Government finds itself compelled to declare, with a sentiment of deep regret, that it cannot accept the draft agreement which has been recommended to it. The Lithuanian Government, in the presence of the League of Nations and recognising the sincere efforts which it has already accomplished in order to realise this work of peace, deems it necessary to explain in detail its attitude in this grave question. The Lithuanian Government has therefore the honour to ask you, Mr. President, to permit its delegate to submit the aforesaid explanations to the next meeting of the Council of the League of Nations, and it would be happy if it could find a solution with the help of the Council. I beg you, Mr. President, to accept the expression of my very high consideration. P. Klimas, Minister for Foreign Affairs ad interim. IV. M. T. NAROUSHEVITCH, PRESIDENT AD INTERIM OF THE LITHUANIAN DELEGATION, to M. PAUL HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. Geneva, Z2th January, 1922. Mr. President, The Lithuanian Government deems it its duty to submit to your Excellency and to the Council an explanation of the reasons which have determined its attitude towards the project for the solution of the Polish-Lithuanian dispute recommended by the Council. Lithuania would be ready to enter into an alliance with Poland compatible with the interests of the two States and the pacification of Eastern Europe. On the other hand, it is impossible for her to link herself to Poland by ties which would render illusory her sovereignty and even her independence. A century and a half of Russian domination — the inevitable consequence of the forced association of two countries so different in both their character and evolution as are Lithuania and Poland — far from weakening old divergencies, has on the contrary enlightened our people, matured through adversity which was not their work but that of Poland, as to the deep-lying reasons which in the future would be opposed to any attempt to re-establish between the two States a tie which has but the more strongly served to involve the weaker in its fall. On the other hand, this long period has accentuated the difference between the two evolutions, accelerating among the Lithuanian people the development of the democratic and national idea and thereby estranging them from a Poland who, in spite of everything, has remained faithful to her policy of territorial expansion and to her instincts of domination. In the eyes of the Lithuanian nation, the policy approved by the League of Nations offers Poland, five times larger and more populous than Lithuania, fresh opportunities of satisfying the same tendencies to the detriment of our independence and our sovereignty. Grave as are these considerations, they are nevertheless powerless to stifle in our people the sentiment of higher obligations imposed upon them by their geographical situation and the profound affinity which closely links their destinies with those of Western civilisation. It is to this spirit of sacrifice in our nation and to its so dearly acquired political maturity that the Lithuanian Government had to appeal before formulating on 12th September, 1921, through its delegation, certain amendments which it found itself compelled to introduce into the project of His Excellency Mons. Paul Hymans, in order to be in a position to accept it. To-day the Lithuanian Delegation thinks that it should specify for the last time the most essential points which prevent the Lithuanian Government from giving its adhesion pure and simple to the project B 2 20 of H.E. Mons. Paul Hymans. Following the order of the project itself, it divides these objections into two categories, that which refers to the proposed organisation of relations between the territory of Vilna and the rest of Lithuania and Poland. As regards the juridical situation of the Vilna territory in the Lithuanian State, our Government has declared itself ready to grant this territory a very broad autonomy. Still more recently, 17th December, 1921, the President of the Council of Ministers of Lithuania, M. Grinius, speaking before the Diet, confirmed the assurances given on this subject at Geneva to the League of Nations by the Lithuanian Delegation. The Diet unanimously approved the declaration of M. Grinius. But, on the other hand, it appeared di^cult to the Lithuanian Government to follow the project of agreement when the latter (Art. 3 and 4) proposes the introduction of the cantonal system on the model of the Swiss Constitution, which is entirely alien to the progress of its own history and to the conditions of its present life. Art. 5 of the project of agreement impairs the plenitude of the right of the Lithuanian Government to dispose of its army. By confining not only units recruited in the canton of Vilna, but also those recruited in the rest of the Lithuanian territory, to their zone of recruitment, which they would not be able to leave even in case of war or if public order were seriously disturbed, and with the authority of the Central Diet, this project of agreement limits the power of the Lithuanian Government to an extent unknown even to the model which inspires it — the Swiss Constitution. Acceptance of such a system would expose the external security of the State to the gravest dangers and would not leave the Government the necessary liberty to maintain order throughout its territory. The introduction of the Polish language as an official tongue side by side with Lithuanian, contemplated by the project of agreement for the entire Lithuanian State, could be accepted only for the autonomous territory of Vilna and at the request of its Diet. The Lithuanian Government could not impair the Constitution of its State by agreeing to the introduction of the Polish language as an official language in the rest of Lithuania, where the Polish element does not exceed 2 to 3J per cent, of the population, which Polish element moreover equally understands Lithuanian. The rights of the Polish population to the use of their language are, besides, guaranteed by the Lithuanian Constitution, and will receive fresh consecration in the Convention on Minorities which Lithuania is on the point of concluding with the Council of the League of Nations. With respect to the future relations between Lithuania and Poland, the Lithuanian Delegation declares as follows : — The frontier between Poland and Lithuania, as traced by Art. 2 of the project of agreement, leaves to Poland the purely Lithuanian localities of Vizainy, Punsk, and Seiny which have at all times played an important rdle in the intellectual and religious development of the country. Similarly the projected frontier at two spots crosses the Niemen in an artificial manner and contrary to the economic interests of the country, with the evident object of giving to Poland the city of Grodno, recognised as belonging to Lithuania by the Treaty of Moscow and having throughout its history formed part of the Lithuanian State. While accepting the co-ordination of the foreign policies of the two States, through a common Secretariat of Foreign Affairs and periodical conferences of the two Governments, the Lithuanian Government must observe that any system of delegations, even attenuated in certain cases by the ratifi- cation through the two Diets of decisions accepted in common, would inevitably lead to the establishment of a federation with Poland. Now, the system of federation has been excluded since the commencement of direct negotiations at Brussels. In his report to the Second Assembly of the League of Nations (24th September, 1921), H.E. Mons. Paul Hymans recognised that " Lithuania quite naturally feared that federation would lead to the absorption of her sovereignty and the disappearance in fact of her independence." All the more then would the Lithuanian Government be unable to accept the principle of a delegation sitting in common and passing its decisions by a majority of votes. It could not accept in advance the resolutions of a body in which the displacement by the Polish side of a single Lithuanian vote would compel it to submit to a vote taken against the majority of the votes of the Lithuanian Delegation. The conclusion of a defensive military convention between Poland and Lithuania would involve for the latter the gravest dangers if, for the estimation of a casus foederis, she would be obliged in the last resort to submit to the arbitration of a third party, as M. Hymans's project contemplates (Art. 9). At the same time this would seriously compromise the sovereignty of the Lithuanian people by limiting their right to interpret with entire independence a convention which would decide its entry into war. Art. 11 of the project of agreement relative to Memel seems to subordinate the sovereignty of uania over this port to an agreement with Poland. Nevertheless the Allied and Associated Powers, 21 in their Note of 16th June, 1919, to Germany.Jdeclared that the territory of Memel, an integral part of ancient Lithuania, was inhabited in a majority by Lithuanians and that the port of Memel constituted Lithuania's sole maritime outlet. Moreover, by reserving to Poland the right to utilise the port of Memel, as well as the Niemen, for all descriptions of transport, including munitions and material of war, the project deprives Lithuania of her right to observe neutrality during an offensive war begun by Poland. From experience of the last war one may presume that no eventual adversary of Poland would recognise the neutrality of Lithuania in case the latter tolerated the transport through her territory of contraband of war destined for the Polish Government. As regards Russia, Lithuania is, besides, expressly bound by Clause 2 of Art. 4 of the Russo-Lithuanian Treaty of Moscow, 12th July, 1920, which expressly imposes upon each of the two contracting parties the duty of preventing countries which might be at war with the other party from importing at its ports and from transporting through its territory any article which might be utilised against the other party (vide League of Nations Treaty Series, Vol. III., No. 2, 1921, p. 126). It is thus evident that acceptance of Art. 11 by Lithuania would have the result of implicating her in all the wars of Poland, notwithstanding the formal text of Art. 9 which pledges her only to the conclusion of a defensive convention. Such are the principal objections to the project of agreement of H.E. Mons. Paul Hymans which the Lithuanian Government, after having weighed at length the recommendation of the Council of 20th September and the resolution of the Assembly of the League of Nations of 24th September, 1921, deems itself obliged to renew to-day. Deeply conscious as it is of the necessity for a Polish-Lithuanian entente, not only in the interests of the two peoples, but in those of the peace of the world, the Lithuanian Government nevertheless finds itself unable to subscribe to an agreement gravely impairing the sovereignty and security of the State. It is sustained in this attitude by the unanimous will of the Lithuanian people. In consequence the Lithuanian Government reiterates to the Council of the League of Nations its proposal to regulate the Polish-Lithuanian conflict in accordance with the principles laid down in its counter-project of 12th September, at the same time adding that it has decided to adhere to this version independently of its acceptance by the Polish Government. In the event, however, of this proposal, the extreme limit of the concessions consented to by Lithuania in her sincere desire to contribute to the maintenance of world peace, not being accepted by the Council of the League of Nations, the Lithuanian Government would be happy to entertain any other suggestion relative to the method to be pursued in order to reach a solution of its dispute with Poland. RESOLUTION OF THE COUNCIL OF THE LEAGUE OF NATIONS OF 13TH JANUARY, 1922. The Council of the League of Nations notes with regret that the Lithuanian and Polish Governments — the former by a Note dated 26th December, 1921, the latter by a verbal declaration of its representative at the meeting of the Council on 20th September — have refused to accept its final recommendation of 20th September, 1921, for the settlement of the dispute between the two Governments in regard to the Vilna district. The Council takes note of these refusals which, in accordance with Art. 15 of the Covenant, put a term to the procedure of conciliation instituted by its resolution of 3rd March, 1921. The Council accordingly decides to withdraw its Military Commission of Control within one month, and conveys to this Commission its warm appreciation of the intelligent and devoted services which it has rendered. Nevertheless, as the Covenant imposes on the Council the duty of acting in all circumstances, with a view to averting any war or threat of war, the Council notes with satisfaction the formal engagement, undertaken on behalf of both Governments by their representatives, to abstain from any act of hostility and thus to maintain the peace which has been fortunately preserved during the past year by the inter- vention of the League of Nations. The Council further invites the two Governments, if they are unable to come to an understanding for the reciprocal establishment of diplomatic and consular relations, to confide their respective interests to friendly Powers, whose representatives would be entrusted with the duty of supervising the observation of the measures in the interests of peace which are recommended by the present Resolution. The Military Commission which was constituted by the Council had established two neutral zones — one in the region of Suvalki on both sides of the so-called Curzon line, which was fixed by the Supreme Council on December 8th, 1919; the other in the Vilna district. 22 The Council considers that, after the withdrawal of the Military Commission, it would be advisable, as a modus vivendi, to substitute a provisional line of demarcation for the neutral zones, it being of course understood that the territorial rights of the two States would be in no way prejudiced thereby. The Council invites the Representatives of the two Governments to accept this solution. Should they do so, it is prepared to suggest the measures necessary for making out this line on the ground. The Council has received from the Lithuanian Government a protest, dated 15th December, against the elections organised in the Vilna district by the Administration at present established in this territory and under the authorities of the Military Occupation which has been in force there since 9th October, 1920. The Council takes note of this protest. The Council cannot recognise any solution of a dispute, submitted to the League by one of the members, which may be reached without regard to the recommendation of the Council or without the consent of both the parties concerned. As regards the protection of minorities, Poland is bound by the obligations imposed upon her by the Treaty of Versailles of 28th June, 1919; Lithuania has undertaken by her declaration of 14th September, 1921, to apply the general principles contained in the treaties regarding minorities. As regards the Vilna district, as the League of Nations has the duty of seeing that protection is afforded to minorities in Poland and Lithuania, the Council is convinced that both parties will consent to its sending representatives to the spot, should it see fit to do so, to collect the necessary information for a report to the Council on the subject. VI. DECLARATION OF THE LITHUANIAN DELEGATION MADE TO THE SITTING OF THE COUNCIL OF THE LEAGUE OF NATIONS OF 13TH JANUARY, 1922. In presence of the resolution of the Council terminating the procedure of conciliation undertaken before it by the two parties, the Lithuanian Government expresses its profound disappointment that the Council should see itself obliged to abandon a settlement of the Polish-Lithuanian conflict whose solution has been so dangerously compromised by the impunity which the coup d'etat of the Polish General Zeligowski has enjoyed, in violation of engagements accepted by Poland not only towards Lithuania but equally towards the League of Nations. This disappointment is all the greater in that the situation created in the Vilna territory is particularly aggravated by the recent attempts of the Polish Government to legalise and stabilise the existing state of things by the organisation of elections under a military occupation involving a veritable terror. It has never been the intention of the Lithuanian Government to solve the present conflict otherwise than by the peaceful means which the League of Nations offers it. To-day also, anxious to guard against the existing situation, replete with danger for the peace, and to contribute, in proportion to its opportunities, to the reconstruction of this part of Europe, the Lithuanian Govern- ment declares itself ready to seek other means for a pacific solution of the dispute. The true origin of this conflict lies in the absence of a definite frontier between Lithuania and Poland. It is permissible to affirm that, if the Versailles Treaty, which has given a juridical status to Poland, had definitely established the frontiers of that country, the present grave conflict dividing Lithuania and Poland would never have disturbed the peace of Eastern Europe. Consequently the Government of Lithuania has the honour very respectfully to beg the Council of the League of Nations to draw the attention of the Supreme Council of the Allied and Associated Powers to the gravity of the situation and to beg it to be so good as to proceed with the fixation of the eastern frontiers of Poland contemplated by clause 3 of Art. 87 of the Versailles Treaty — a fixation which at the same time would solve the Polish-Lithuanian conflict. On the other hand, the Lithuanian Government states that it would equally agree to confide the solution of the Vilna dispute either to the Permanent Court of International Justice or to a court of arbitration. The Lithuanian Delegation expresses the opinion that the absence of control on the part of the League of Nations might have the most unfortunate repercussion on the future relations between the two States. It is true that the Control Commission has not always been equal to preventing encroachments of the Poles on the neutral zone and even beyond the line of demarcation. The last report of H.E. Mons. Paul Hymans reproduces a communication of the Commission which comes to the support of the various complaints of the Lithuanian Government on this subject. Nevertheless, 23 its presence in Lithuania has exercised the happiest influence over events, and it is with joy that the Lithuanian Government welcomes every opportunity of expressing to its Chairman and to all its members its most profound gratitude. One can thus foresee that its withdrawal will be accompanied by a recrudescence of frontier incidents which might become fatal to peace. The Lithuanian Delega- tion, persuaded that the Council cannot be disinterested in such a danger, has therefore the honour to petition it to be so good as to appoint a High Commissioner belonging to a neutral nation, who could serve as intermediary between the two Governments in the sense indicated by the Council. The Lithuanian Government would be happy if the Council should find it possible to extend the powers of this High Commissioner, entrusting him with the task of reporting on the situation of the Polish minority in Lithuania and thus rendering null and void the accusations of the Polish Government. This High Commissioner would equally take under his protection the different ethnic groups in the Vilna territory. The Lithuanian Government deems it its duty to call the attention of the Council to the fact that the present neutral zone separating the Lithuanian army from the forces of Zeligowski was established by the agreement of 29th November, 1920, with the sole object of facilitating the evacuation of these latter from the Vilna territory beyond the line laid down by the Lithuanian and Polish Governments in the Treaty of Suvalki. The Lithuanian Government is perfectly aware of the difficult situation from which the local populations have to suffer in the neutral zone. It would welcome with joy any new arrangement which, while ameliorating the lot of these populations, would involve no prejudice to the rights of the parties in dispute. We are inclined to think that the decision of the Council to substitute for the present neutra. zone a new line of demarcation is little calculated to ameliorate the condition of the local populations, experience having hitherto clearly demonstrated that the inhabitants of the regions, given a demar- cation fine already established, suffer from the fact of continual violations of this line, as much as, if not more than, the populations of the neutral zone deprived of a demarcation line. As proof of this assertion, may we be permitted to cite the situation existing along the demarcation line in the province of Suvalki, where this line has not been respected and where the population is subjected, on the part of the Polish troops, to continual incursions and to a veritable persecution. The Lithuanian Government has found itself, on many occasions, obliged to appeal to the Commission of Control, and quite recently to the Council itself, to remove the invading troops from this province. On the other hand, the consent of the Lithuanian Government to the establishment of a new demarcation line between the Lithuanian forces and those of Zeligowski would do injury to the interests of Lithuania, firstly, because it would risk being interpreted in the sense of a recognition of, or resignation to the state of things created by the rebel General and, secondly, through the fact that the substitution for the provisional regime established by the Suvalki Treaty of another pro- visional regime destroying all the clauses of the first would annul, as much from the standpoint of logic as of facts, and despite all assurances to the contrary, the regime contemplated by the Suvalki Treaty. Such are the reasons which prevent us, to our lively regret, from giving free consent to the changes proposed for the existing state of things. VII. M. PAUL HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS, to M. NAROUSHEVITCH, LITHUANIAN MINISTER TO LONDON. Geneva, 13th January, 1922. Monsieur le Ministre. I make a point of replying to two questions submitted at to-day's sitting by your Delegation, to which the Council did not consider itself able to refer in its resolution on the subject of the difference between Poland and Lithuania. The first is relative to the eventual fixation of the eastern frontiers of Poland by the principal Allied Powers, in conformity with Art. 87 of the Versailles Treaty. It behoves your Government to apply directly to the Powers which, by this article, have reserved themselves the right subse- quently to fix the frontiers of Poland which are not specified by the Treaty. The second question is relative to the possibility of carrying your dispute before the Permanent Court of International Justice. I have the honour to remind you that the Court is independent 24 of the Council of the League of Nations and that it is governed by a Statute the text of which has been published. This Statute determines the procedure which is open to your Government if it desires to take the dispute before the Court, under the form which may seem to it proper. j-. Please accept, Monsieur le Ministre, the assurances of my high consideration. Paul Hymans, President of the Council of the League of Nations. VIII. M. V. JURGUTIS, LITHUANIAN MINISTER FOR FOREIGN AFFAIRS, to THE PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. Kaunas, 21st January, 1922. Mr. President, I have the honour to inform you that the Government of the Republic of Lithuania has, with profound regret, taken note of the resolution of the Council of the League of Nations, under date of 13th January, according to which the Council finds itself compelled to abandon the solution of the Lithuano-Polish conflict. As regards the recommendations contained in this resolution, the Lithuanian Government deems it its duty to make the following remarks : — Ever desirous to regulate its difference with Poland by pacific means, the Lithuanian Govern- ment will be ready to enter into diplomatic and consular relations with Poland as soon as the attitude of Poland towards Lithuania shall assume the precise form of the relations of two sovereign and independent States. As regards the proposal of the Council to substitute a provisional demarcation line for the neutral zones, the Lithuanian Government confirms the declaration made on this subject by the Delegation on 13th January. In this connection the Lithuanian Government renews its earnest request to the Council of the League of Nations to be so good as to maintain its control of the territory in dispute by means of a High Commissioner appointed by the Council. As regards the protection of various ethnic groups of the Vilna territory under Polish military occupation, the Lithuanian Government declares itself ready fully to adhere to all measures which the Council shall recommend, with a view to guaranteeing the protection of the said groups in this territory. Finally the Lithuanian Government is pleased to take note of the declaration of the Council according to which the latter could not recognise a solution of the Vilna dispute by means of elections organised by the Polish Government under the regime of a military occupation. I beg you, Mr. President, to accept the assurance of my very high consideration. V. Jurgutis, Minister for Foreign Affairs. IX. M. PAUL HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS, to M. V. JURGUTIS, LITHUANIAN MINISTER FOR FOREIGN AFFAIRS. League of Nations, No. 11/1872 1/6596. Monsieur le Ministre, I have the honour to acknowledge the receipt of your letter dated 21st January, in reply to the resolution adopted by the Council of the League of Nations at its sitting of 13th January. I regret that your Government has not been able to accept the recommendation of the Council the object of which was the replacement of the neutral zone by a provisional demarcation line, the territorial rights of the two States remaining entirely reserved. While awaiting the moment which the Lithuanian Government shall deem favourable for the establishment of diplomatic and consular relations with Poland, I trust that it will be possible for you, in accordance with the recommendation of the Council, to entrust your interests to a friendly Power. 25 I observe that your letter contains no indication regarding the treatment of minorities. I am happy, however, to recognise that the representative of Lithuania, at our sitting of 14th January, declared himself ready to place before the Council the Lithuanian legislative arrangements, the object of which is the protection of political and religious minorities. Please accept, M. le Ministre, the assurances of my high consideration. Paul Hymans. X. No. 5715. M. V. JURGUTIS, LITHUANIAN MINISTER FOR FOREIGN AFFAIRS, to M. PAUL HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. Kovno, 1st March, 1922. Mr. President, I have the honour to acknowledge receipt of your letter No. 11/18721/6596, undated. Regarding the contents, I consider it my duty to bring the following to the knowledge of Your Excellency : — In so far as is concerned the recommendation of the Council of the League of Nations regarding the establishment of diplomatic and consular relations between Lithuania and Poland, or, in case it is impossible to establish them directly, recourse to the good offices of friendly Powers, the Lithuanian Government considers that the existence of such relations between sovereign and independent States supposes, as an essential condition, a mutual confidence and a scrupulous respect for treaties and conventions existing between them. While recognising the urgent necessity for the establishment of consular and diplomatic relations between Lithuania and Poland, and, in a more general sense, for their peaceful co-operation in every way, the Lithuanian Government thinks, however, that it would be well in the first place to restore the rights which have been violated, and to give the Lithuanian people confidence in the validity of engagements signed by the Polish Govern- ment, as well as in the sincerity of the latter's intentions towards Lithuania. Besides, account must be taken of the difficulties against which would have to contend necessarily the putting into practice of diplomatic and consular relations, owing to the lack of an administrative delimitation of territory, established by common consent between the two Governments. For these reasons the Lithuanian Government thinks it should subordinate the establishment of diplomatic and consular relations, either directly or indirectly, to the re-establishment first of all of the status quo created by the agreement of Suvalki of the 7th October, 1920, and to the setting right of the consequences resulting from its violation by the Polish General Zeligowski. The Lithuanian Government remains convinced that reparation for the act of violation of an agreement freely concluded is the only thing likely to provide a basis for the solution of the dispute and the establishment of a definite agreement in conformity with the vital interests of both States. I ask Your Excellency to accept the assurance of my highest consideration. V. Jurgutis, Minister for Foreign Affairs. XI. M. V. JURGUTIS, LITHUANIAN MINISTER FOR FOREIGN AFFAIRS, to M. PAUL HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. No. 5794. Kaunas, 1st March, 1922. Mr. President, In reply to the part of your letter No. 11/1872 1/6596, without date, relative to the protection ot ethnic minorities in Lithuania, I have the honour to bring the following to your Excellency's knowledge. The Constituent Assembly of Lithuania is at this moment concluding the discussion of a constitu- tional law in which a special chapter is devoted to the rights ot ethnic minorities. The constitutional 26 arrangements regarding these rights include, inter alia, all the declarations made in the name of the Lithuanian Government before the Council of the League of Nations. As soon as the vote of the aforesaid law is forthcoming, I shall not fail to forward to your Excellency the text itself ot the arrange- ments concerning minorities. Meanwhile, I beg your Excellency to find enclosed a translation ot the " Provisional Law of the Councils of Jewish Communities to impose taxes upon the Jewish Population " and of the " Declaration of the Cabinet of Ministers " to that effect. I may be permitted to add that the said law applies in an analogous manner to all other minorities and assures them all guarantees from the standpoint of the cultural interests of their co-nationals. As for the protection of ethnic groups in the Lithuanian territory placed under the Polish occupation (Vilna region), the Lithuanian Government considers that it is its duty once more to draw the attention of the Council of the League of Nations to the systematic persecutions (arrests, expulsions, etc.) which the Polish authorities of the occupation still exercise against the Lithuanians and White Russians. In confirming its note No. 14890 of 28th October, 1921, the Lithuanian Government renews its urgent entreaties to the Council of the League of Nations in order again to draw its attention to the necessity of placing the population ot the Vilna territory under the protection of a High Commissioner appointed by the Council to this effect. I beg you, Mr. President, to accept the assurances of my very distinguished consideration. V. Jurgutis, Minister for Foreign Affairs. I. Annex to No. XL PROVISIONAL LAW FIXING THE RIGHTS OF COUNCILS OF JEWISH COMMUNITIES TO IMPOSE TAXES ON THE JEWISH POPULATION. 1. All Jews, at the place of their domicile, are members ot the local Jewish community. The communities concern themselves with religion, charitable works and social assistance, schools, and in general all cultural needs. They have the right to elect councils of community. Note. — In localities where the Jews, on account of their small number, cannot form independent community councils, they unite with neighbouring communities and form with them a common council. 2. The Minister for Jewish Affairs establishes the regulation fixing the method of elections to councils. He ratifies and registers the elected councils, in conformity with the re-established regulation. 3. The councils ratified by the Minister for Jewish Affairs, in order to provide for the needs specified under the first paragraph, have the right to impose special taxes upon the Jewish inhabitants. 4. The modalities of these levies and their amount are fixed by the council of each community and approved by the Minister for Jewish Affairs. 5. The amount of these assessments with which a ratepayer is charged must not exceed the total of State and municipal taxes which the ratepayer is called upon to pay in the corresponding year. 6. The tax levy is guaranteed by the efforts of the communities themselves and the funds are deposited with the Treasury. The means of constraint for bringing in the special taxes not paid within the prescribed time are the same as for ordinary imposts. From the proceeds of the forced sale ot the property of the defaulting taxpayer State taxes are previously deducted. 7. The Minister for Jewish Affairs is charged with the execution of the present law. After having placed himself in agreement with the other interested Ministries, he establishes the system of public administration for its application. Kaunas, zoth January, 1920. A. Smetona, President of State. E. Galvanauskas, President of the Council of Ministers. 27 II. Annex to No. XI. DECLARATION OF THE CABINET OF MINISTERS RELATIVE TO THE LAW FIXING THE RIGHTS OF COUNCILS OF JEWISH COMMUNITIES TO LEVY TAXES ON THE JEWISH POPULATION. In promulgating the law fixing the rights of the councils of Jewish communities to levy taxes on the Jewish population, the Cabinet of Ministers deems it necessary to make the following comments on this subject. In adopting this law it in no way contemplated restricting the Jews in the creation of their special organisations. Its aim was to guarantee the Jews, as a national entity, the opportunity of creating, alongside the State establishments, independent institutions whose r6le will be to provide for needs having a purely Jewish national character, and the satisfaction of which cannot be assured by any State institution. The law fixing the rights of the Councils of the Jewish communities to levy taxes on the Jewish population is due to the initiative of the Jews themselves and it must be regarded as a right conferred upon the Jewish nation. It constitutes the first attempt in this direction and is, for that reason, very cautious in its dispositions. The Lithuanian Government awaits further indications from the Jews regarding points on which there will be room to modify or to complete the present law. Kaunas, 30/A January, 1920. E. Galvanauskas, President of the Council of Ministers. XII. M. JURGUTIS, LITHUANIAN MINISTER FOR FOREIGN AFFAIRS, to SIR ERIC DRUMMOND, SECRETARY-GENERAL OF THE LEAGUE OF NATIONS. Telegram 373. Kaunas, 5th March, 1922. Polish troops have violated neutral zone existing between the Lithuanian and Polish troops. Polish engineering troops are carrying out work on railway in section Rudziski-Orany situated in neutral zone. Lithuanian Government considering this act as hostile preparation against Lithuania contrary to solemn engagements to Council and calculated provoke bloodshed begs Council League of Nations intervene with Polish Government in order observe inviolability neutral zone and cause said hostile preparations to cease. Jurgutis, Lithuanian Minister for Foreign Affairs. XIII. SIR ERIC DRUMMOND, SECRETARY-GENERAL OF LEAGUE OF NATIONS, to M. THE LITHUANIAN MINISTER FOR FOREIGN AFFAIRS. Telegram. Geneva, Jth March, 1922. Received your telegram of 5th March. Are requesting M. Hymans intervene with Polish Govern- ment. Drummond. XIV. M. PAUL HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS, to M. THE LITHUANIAN MINISTER FOR FOREIGN AFFAIRS. Telegram. Brussels, nth March, 1922. Have the honour to inform you that I have addressed to the Polish Minister for Foreign Affairs the following telegram : — " Have received from the Secretary-General telegram of Lithuanian Government relative to violation neutral zone. Have already addressed to both Governments letter on subject of 28 execution of the resolution of the Council contemplating partition neutral zone and establishment demarcation line. Meanwhile remind you that neutral zone exists and should be respected till settlement which Council will be able prescribe. I assume that Polish Government will employ all means in order that internal situation may be re-established." Hymans. XV. M. JURGUTIS, LITHUANIAN MINISTER FOR FOREIGN AFFAIRS, to M. THE PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. Kaunas, 20th March, 1922. Mr. President, I have the honour to acknowledge receipt of your letter of 4th March containing the text of two telegrams of the Polish Minister for Foreign Affairs regarding the sanitary situation of prisoners detained in the prison of Kaunas. In reply, in order to contravert the false information which is spread by the Polish Government and which deals with the internal situation of Lithuania and the attitude of the Lithuanian Government towards minorities, I consider it my duty to bring the following to the knowledge of your Excellency : — The typhus which had broken out in the prison of Kaunas has been arrested, thanks to the energetic measures taken by the Lithuanian authorities. Since 8th March, no case of typhus has been reported in prison and the patients, happily few in number, previously attacked, are all cured. The number of persons attacked by typhus has never exceeded 11 per month (the highest number of cases in February), including prisoners held for political and criminal offences. Among persons convicted and arrested for political causes there were only Konstantynowicz and Niekrasz who have died from typhus, notwithstanding the assiduous efforts of the doctor attached to the prison and doctors summoned from the city. The number of 30 persons attacked by typhus, as indicated in the Polish despatch, is without foundation. With the exception of typhus no other diseases have raged in the prison. The prisoners mentioned in the two telegrams of the Polish Minister for Foreign Affairs as attacked by typhus were either not sick at all, as in the case of Joseph Paszun, or were at liberty, as in the case of Geisztor, or suffered from other diseases, as in the case of Jean Lukasiewicz and Lewgowd, ill of inflammation of the lungs, or Winkler, of influenza. All these persons are now entirely cured. The assertion of the Polish Government that the prison of Kaunas is not sufficiently supplied with disinfectants is devoid of foundation. As a matter of fact medicaments of this nature have never been lacking. It is equally untrue that the sick prisoners are deprived of medical help or that they are not taken to the hospital. The fact is that anybody taken ill in prison is immediately conveyed to the hospital and remains there until completely cured. The sick prisoners are attended by a doctor and five assistants officiating in prison. Moreover, every patient has the right to call in doctors from the town, who have free access to the prison. I may mention that M. Niekrasz was attended by three doctors, of whom two were called in from the town. The Lithuanian Government is doing and will do everything within its power to ameliorate the sanitary situation of the prisoners. As regards the suggestion of your Excellency to amnesty the political prisoners, this corresponds with the views of the Government of the Lithuanian Republic, which has already set at liberty the greater part even of those who were involved in attempts against the Lithuanian State. Unfortunately, the policy of moderation and liberalism by which it is guided towards political prisoners is complicated by the systematic intrigues of the Polish Government, which seeks to create through its agents difficulties for the Lithuanian Government even within the country itself. Please accept, Mr. President, the assurances of my very high consideration. Jurgutis, Minister for Foreign Affairs. 2 9 XVI. 11 JURGUTIS, LITHUANIAN MINISTER FOR FOREIGN AFFAIRS, to M. PAUL HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. Telegram. Kaunas, isl April, 1922. By its note of 14th December, 1921, the Lithuanian Government protested against organisation by Polish Government of illegal elections in Vilna region. 24th March last Diet Warsaw, taking stand on resolution of body resulting elections aforesaid, voted annexation Vilna to Poland. Lithuanian Government energetically protests against this act Polish Government, which, having disavowed and declared rebel Zeligowski, profits by consequence his coup deforce and violation interna- tional engagement. Lithuanian Government declares that it will not recognise this annexation Lithuanian lands. Jurgutis, Lithuanian Minister for Foreign Affairs. XVII. No. 9291. M. JURGUTIS, LITHUANIAN MINISTER FOR FOREIGN AFFAIRS, to H.E. Mons. PAUL HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS, GENEVA. Kaunas, 8th April, 1922. Mr. President, In reply to your Note of 8th March last proposing to substitute a provisional demarcation line in the neutral zones created by the Military Control Commission of the League of Nations in the Suvalki and Vilna regions, I have the honour to bring the following to your Excellency's attention. The Lithuanian Government remains convinced that only the integral fulfilment of the Suvalki convention by the Polish Government can furnish a solid basis for the settlement of the Polish-Lithuanian dispute and for the final establishment 01 neighbourly and friendly relations with Poland. The Lithuanian Government has never renounced the stipulations of Suvalki. It is true that at the suggestion of the Military Control Commission of the League of Nations it consented to sign, on 29th November, 1920, a Protocol providing for the cessation of hostilities with the Polish troops commanded by General Zeligowski, this Protocol anticipating the subsequent creation by the Control Commission of a neutral zone in the Vilna region. But the Protocol could not in any way be considered as a modification of the Suvalki engagements. In signing it, the Lithuanian Government merely wished to facilitate the evacuation of the invaded territory by General Zeligowski's troops, which was in entire accord with the decision of the Council of the League ot Nations of 27th October, 1920. On the occasion of the signing of the Protocol, the Lithuanian Government also made a declaration in conformity therewith, and asked the Control Commission to take note of the same and bring it to the knowledge of the Council of the League ot Nations. The establishment to-day ot a demarcation line in the neutral zones, even it this were only in virtue of a modus vivendi, would bear quite another meaning. Your Excellency will permit me to observe that, in the present circumstances, a partition of these zones, ot whatever kind, could be effected only to the the obvious detriment of Lithuania's vital interests. In spite of the provisional character lent to this new line, in spite of the Council's reservations on the territorial rights of the two States, the Lithuanian Government, in accepting such a delimitation, would commit an act bearing the undeniable character of a renunciation ot the Suvalki engagements and a legitimation ot the state of things created by General Zeligowski's coup deforce, and the vote of the Warsaw Diet on 24th March last, aiming at the annexation of the Vilna region to Poland. Your Excellency will agree that the Lithuanian Government, which has never ceased to defend the sacred rights of the Lithuanian nation to the Vilna region throughout the negotiations which were conducted under your high and eminent presidency, could not guard them — not even in virtue of a modus vivendi — in the event of a partition of the neutral zones. 30 I venture further to remind your Excellency, upon a subsidiary ground that the demarcation lines established on four previous occasions by the Allied Governments between the Lithuanian and Polish military forces have not been respected by Poland, who every time has violated them in order to occupy territories situated on the Lithuanian side. These violations have always remained unpunished. There is no doubt that the establishment of the proposed line would create a fresh danger of similar violations and, consequently, of armed conflicts. The Lithuanian Government expresses a hope that the Council of the League of Nations, which has categorically and on different occasions condemned as it deserves the act of the Polish General Zeligowski, will not insist on the establishment of a demarcation line in the neutral zones — an act which would be tantamount to an implicit recognition by the Council itself of the consequences of this flagrant violation of International Law. The Lithuanian Government cannot give its free consent to the substitution of such a provisional demarcation line for the neutral zones in the Vilna region. As regards the situation of the population of the neutral zones, the Lithuanian Government has the honour to renew on this occasion its earlier entreaties to the Council of the League of Nations to take this population under its high protection until the time when the Polish-Lithuanian dispute is definitely settled. I beg your Excellency to accept the assurance of my very high consideration. • V. Jurgutis, Minister for Foreign Affairs. XVIII. LETTER FROM M. ASKENAZY, POLISH DELEGATE, to M. HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS, communicated to M. SIDZIKAUSKAS, PRESIDENT # OF THE LITHUANIAN DELEGATION. Geneva, ist May, 1922. Polish Prisoners held in Lithuania. Note of Secretary-General. The following letter from M. Askenazy containing observations on the note of H.E. Mons. Jurgutis, Lithuanian Minister for Foreign Affairs, regarding the situation of the prisoners detained in the Kovno Prison, is communicated to the Council and members of the League of Nations as information. Letter from M. Askenazy, Polish Delegate, to M. Hymans, President of the Council of the League of Nations. Geneva, 8th April, 1922. Mr. President, I have received from the Secretary-General of the League of Nations a copy of the note of M. Jurgutis, of 20th March, addressed to your Excellency, with reference to the sanitary situation of the Polish prisoners held at Kovno. Without undertaking a detailed analysis of the assertions of M. Jurgutis, who finds it expedient to deny the existence of the palpable facts reported to your Excellency by the Polish Minister for Foreign Affairs of 23rd February and 25th last, I will confine myself to quoting only two sentences contained in the note in question. Paragraph 3 of this note ends with the lollowing phrase : ". . . The patients, fortunately few in number, who were previously attacked (by typhus) are all cured." Then, some lines below I find the following statement : " Among persons convicted and arrested lor political causes, there were only Konstantynowicz and Niekrasz who died from typhus." I believe that the flagrant contradiction which results from the contrast ot the two sentences quoted above will suffice to enable us to appreciate at their just value the information furnished your Excellency by the Lithuanian Minister for Foreign Affairs, seeking to contravert the data on the situation of Polish prisoners in Kovno contained in the Polish notes in question, the absolute authenticity of which I must maintain. Moreover, I am obliged to reject in the most positive fashion the accusation directed by M. Jurgutis against the Polish Government in the last paragraph of his note of 20th March. This gratuitous accusation, concerning the pretended intrigues of the Polish Government in the territory of Lithuania, has been raised by M. Jurgutis without furnishing the slightest proof to that effect. It would seem 3i entirely inadmissible for a Government of whatever kind to formulate such an accusation against another Government without at the same time taking the trouble to support this accusation by any proof whatsoever. Irrespective of the foregoing observations, I am happy to learn that the Lithuanian Government at last manifests its intention to liberate political prisoners after more than three years' confinement which they have endured in the Kovno prisons for reasons to which I do not wish to refer in this place. Should such a decision be effectively carried out by the Lithuanian Government, it cannot fail to produce the most favourable inpression in Poland. If it is permissible to regard it as proof of a desirable change in the hostile attitude of the Lithuanian Government towards Poland, this decision will not fail happily to influence the reciprocal relations of the two countries. Please accept, &c. S. ASKENAZY. XIX. LETTER OF M. ASKENAZY, POLISH DELEGATE, communicated by the SECRETARY-GENERAL OF THE LEAGUE OF NATIONS to M. SIDZIKAUSKAS, LITHUANIAN DELEGATE. The following letter from M. Askenazy is submitted for examination to the Council :■ — Geneva, $th May, 1922. Mr. President, I have the honour to transmit to your Excellency enclosed herewith, a summary of the facts of aggression and violence of which Lithuanian troops and irregular detachments have recently been guilty in the neutral zone which crosses the territory of Suvalki and that of Wilno. The state of continual trouble fomented there by the Lithuanians, and which is aggravated from day to day as new armed forces flow towards the neutral zone from the interior of Lithuania from Kovno, is seriously preoccupying the Polish Government, which seeks only to consolidate peace on all the frontiers of the Republic. The sole means of putting an end to these incursions of Lithuanian bands would be to suppress finally the neutral zone in conformity with the recommendation of the Council dated 13th January, 1922. Now, it is undoubtedly in order to prevent the pacification of the country and in order to be able to maintain a state of anarchy and dangerous excitement that the Lithuanian Government deemed it opportune to decline this recommendation of the Council, as well as the Polish proposals contemplating the liquidation of the neutral zone. In view of these later deplorable incidents mentioned above and set forth in the attached document, I deem it my duty again to draw the attention of the Council of the League of Nations to the desperate situation of the population of this zone, as also to the danger of fresh sanguinary conflicts which may arise at any moment between this population and Lithuanian troops invading the neutral zone. Also, in the name of my Government, I venture to express a firm hope that the Council will take the necessary steps to abolish as soon as possible the zone for whose existence there is no longer any raison d'itre. Please accept, Mr. President, the assurances of my very high consideration. S. Askenazy. Annex to No. XIX. EXTRACT FROM REPORTS FROM COMMANDERS OF POLISH POSTS SITUATED ALONG THE NEUTRAL ZONE FROM MARJANKA TO DUKSZTY, FORWARDED TO THE POLISH GENERAL STAFF AT WARSAW IN FEBRUARY AND MARCH, 1922. 8th February, 1922. — Intense activity of Lithuanian bands has been observed along the neutral zone. According to information gathered, the Lithuanians are preparing incursions into the neutral zone. Some officers arriving from Kovno, at the General Staff No. 4, have declared in their conversation, held with Lithuanian bands (sic), that the moment of war was perhaps very close. The Lithuanian bands should receive in a few days arms and foot-gear from Kovno. In the bands stationed on the Suvalki territory are incorporated some dozens of soldiers in mufti. 32 ijth February, 1922. — In the town of Hanuszyszki is stationed a band composed of 112 men with two machine-guns. On 13th February there arrived at Hanuszyszki a transport of rifle cartridges and hand grenades. According to information gathered among the civilian population this band was to destroy the railway line Wilno-Grodno (sector of Olkieniki). The Lithuanians are preparing, moreover, an attack having for objective the region of the town of Seiny. 24th February, 1922. — The detachments of Lithuanian bands are increased in number through the forced enlistment of Lithuanian soldiers. 1st March, 1922. — Detachments of the band of Hanuszyszki have occupied the following localities in the neutral zone : Czarnokowale, Lejpuny and Klepacze. They have connected these localities with their General Staff at Hanuszyszki by a telephone line. The movement of Lithuanian detachments in the sector to the west of the town of Kukuciszki have been observed. In the locality of Skuziszyszki is stationed a detachment composed of 50 men, and at Labonarze a detachment of 30 men. 8th March, 1922. — On 8th March, at 4 p.m., Lithuanian bands from the village of Kalwiszki opened a brisk fire against a patrol of Polish police which was about to control the frontier between the villages Dusznica and Holny. nth March, 1922. — Lithuanian bands have assassinated two agents of the Polish police, Etienne Drozd and Antoine Kurczewski. The murder was committed in the neutral Polish zone. The bodies of the victims, after having been despoiled of their clothing, were thrown into a ditch alongside the road. The assassins numbered forty. lyth March, 1922. — Lithuanian bands crossing the demarcation line have attacked a sentinel of the Polish police in the village of Rachelany, situated in the territory of the Polish neutral zone, wounding one of the agents in the head. On 1 6th March an encounter took place between the local militia and Lithuanian bands in the neutral zone of the region of Szyrwinty. An agent of the militia, Bronislaw Rakowski, was killed. The Lithuanian detachments of this region have received about 40 suits of clothing. Lithuanian soldiers disguised as civilians are assigned the task of assassinating members of the militia of the neutral zone. The bands have latterly been reinforced by troops and are very active in the entire district of Szyrwinty. 20th March, 1922. — The entire neutral zone between Rudziski and the river Merecz has been occupied by Lithuanian bands which were formerly in the rear-guard of regular Lithuanian troops. During the night of 19th March Lithuanian bands penetrating into the village of Olksazny situated in the territory of the Polish neutral zone, attacked a Polish sentinel. During this attack they threw seven grenades, which seriously wounded three agents, one of whom died the following day. The other two are still under treatment in hospital. On the night of March 20th a fresh attack was carried out in the village of Rachelany, and on 21st March against the Polish sentinel in the environs of Wizany, in the district of Suvalki. On the night of 27th March our sentinel at Rachelany was the victim of a third attack. According to information gathered among the Polish population, the Lithuanian population in the neighbourhood of the demarcation hue is armed. Soldiers disguised as civilians are among the bands and play the rdle of instructors. These armed bands are paid by the Government of Kowno. Their duty is, by continual attacks against sentinels, to compel the Polish administration and police to evacuate the Polish neutral zone, which would then be occupied by the bands in question. XX. THE PRESIDENT AD INTERIM OF THE LITHUANIAN DELEGATION to M. J. M. QUINONES DE LEON, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. Geneva, 13th May, 1922. Mr. President, The Lithuanian Government has on three occasions, 26th January, 1st February, and 14th March of this year, applied, through the intermediary of its Charge dAffaires at Berne, to the Council of the League of Nations, begging it to intervene immediately with the Polish Government on the subject of the numerous arbitrary perquisitions carried out since 19th January by the Polish authorities at the offices of the Lithuanian and White Russian national committees and at the private lodgings of eminent personalities of Lithuanian and White Russian nationality, as also the imprisonment of more than forty among them and the expulsion beyond the Lithuano-Polish demarcation line, on 4th February, of 33 33 notables of Lithuanian and White Russian nationality, in order to obtain the reinstatement of these persons in their homes. His Excellency M. Paul Hymans, President of the Council, in a letter which he addressed on 4th March to the Charge d'Affaires of the Lithuanian Republic at Berne, announced that action on this subject had already been taken with the Polish Government. The Lithuanian Government regrets to state that the action in question has had no result. All the expelled persons remain separated from their families and their property. Moreover, the Polish Government persists in its method of expulsions and persecutions. The last expulsion took place on 21st April. The victim was Miss Viskonaite, an employee in the office of the Lithuanian High School, a person having absolutely no connection with politics. The object of these persecutions remains the same — to prevent Lithuanian cultural institutions continuing their existence in the capital of Lithuania by the constant destruction of their mechanism. In bringing the foregoing to the knowledge of your Excellency, the Lithuanian Delegation, in the name of its Government, has the honour to renew its most respectful entreaties to the Council of the League of Nations to be good enough to exercise all its influence with the Polish Government in order that the latter may renounce these arbitrary proceedings towards the Lithuanian and White Russian population of the Vilna region and in order that it may authorise the persons who have been expelled to return freely without being subjected to fresh persecutions on the part of the Polish authorities ot occupation. I beg you, Mr. President, to accept the assurances of my very high consideration. President ad interim of the Delegation of the Republic of Lithuania to the Council of the League of Nations. XXI. M. SIDZIKAUSKAS, PRESIDENT OF THE LITHUANIAN DELEGATION, to M. J. M. QUINONES DE LEON, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. No. 488. Geneva, 13^ May, 1922. Mr. President, The Lithuanian Delegation has taken cognisance of a Note dated 5th May, 1922, in which the Polish Delegate reported to your Excellency an entire series of aggressions and violence " of which Lithuanian troops and irregular detachments were recently guilty in the neutral zone," and expresses " the firm hope that the Council may take the necessary measures to suppress as soon as possible the zone, the existence of which has no longer any raison d'etre." Even a rapid perusal of the foregoing Note will suffice to reveal the true purpose pursued by this new suggestion of the Polish Government in a purely humanitarian and pacific semblance. The fortunate possessor of Vilna, the ancient capital of Lithuania and of all the contested territory, in the wake of the execution of the coup de force of its General Zeligowski, and encouraged by the impunity which this illicit enterprise of the General, then declared rebel, has hitherto enjoyed, the Polish Government would fain obtain the tacit sanction of the Council of the League of Nations for the situation created by Poland in the eastern portions of Lithuania and seize new Lithuanian lands situated in the neutral zone. The purely artificial and arbitrary grouping of pretended aggressions and violence committed by Lithuanian troops and irregular detachments in the neutral zone, which the Lithuanian Delegation is authorised to deny in the most formal and categorical manner, and to declare them devoid of all foundation, is merely the means employed by the Government of Warsaw to attain the above-mentioned ends. For, in fact, it would behove the Lithuanian Government to complain of the continual aggressions and violence committed by Polish troops and bands in the neutral zone. The Lithuanian Government took the liberty of reporting them to the Council in a note dated 28th November, 1921, from the Lithuanian Minister for Foreign Affairs, addressed to the Secretary-General. The Lithuanian Delegation will content itself with adding some new facts. \2th January, 1922. — Polish detachments fired on Lithuanian patrols near Lake Spindzie. lyth January, 1922. — Fifty Polish soldiers arrived at the bourgade of Kiernovo ; on the following day they withdrew. 18th February.— The Poles attacked the villages of Bugieda and Varviszki in the region of Kopciovo Suvalki region. 34 22nd February. — Polish soldiers attacked forest guards in the neutral zone from the Lithuanian side, disarmed them, and forbade them to carry out their duties under menace of death. 2nd March. — Polish horsemen fired on a Lithuanian patrol near the village of Viciuny. 2ist March. — A detachment of Polish soldiers arrived in the village of Varteliai, from the Lithuanian side of the Suvalki neutral zone, arrested the factory workers and removed them, together with the factory horses. 4th April. — Detachments of Polish infantry and cavalry, disguised as civilians, have appeared in the neutral zone in the region of Kiernovo-Szyrvinty. 16th April. — Seven Polish soldiers fired on a Lithuanian patrol in the village of Voleikiszki. The Poles have occupied the villages of Mylany and Dravcze. 20th April. — The Polish Government organises " the popular militia of the neutral zone " composed of demobilised officers and men of the Polish army and hailing for the most part from Posen, in order to substitute them for that created by the Military Commission of Control of the League of Nations. They number at present 450 and receive from the Warsaw Government pay of from 25,000 to 30,000 Polish marks per month. This Polish militia occupies a part of the neutral zone as far as the line Kernovo- Meiluny-Papiernia-Kontromiszki-Avizantze-Ramaszkanze-Oliany-Okmianky-Pustylki. 26th April. — A Polish band composed of eighteen persons has arrived at Szyrvinty, where it wished to arrest the chief of police of that town, appointed by the Control Commission of the League of Nations and the President of the Commune, but did not succeed. On the night of 1st May a Polish detachment of fifty persons attacked the town of Szyrvinty and expelled therefrom the chief of police of the neutral zone, installed by the Control Commission of the League of Nations. On 30th April Mgr. Bandoursky, military bishop of the Polish army, known for his exhortations to a policy oifaits accomplis at public meetings, arrived in the neutral zone, accompanied by Polish mounted militia. In a speech delivered to the population of the neutral zone he said that those who wished for peace must take it themselves. He gave his benediction to the Polish militia of the neutral zone, newly formed by the Warsaw Government, and urged it to be ready for fresh actions to which its " national sentiment might call it." As the Lithuanian Minister for Foreign Affairs pointed out in his note of 8th April, 1922, addressed to His Excellency M. Paul Hymans, the establishment of a fresh demarcation line in the present state of the Lithuano-Polish conflict, not only would not ameliorate the situation 01 the population of the neutral zone, but, on the contrary, would create a new danger of similar violations and, above all, that of armed conflicts. The present situation in the Suvalki region, where a demarcation line exists, is striking proof ot this. In this connection the Lithuanian Delegation ventures to renew very respectfully its earlier entreaties to the Council of the League of Nations begging it to take this population under its high protection until the moment when the Lithuano-Polish dispute is definitely settled, and to proceed with the appointment of a High Commissioner of the League of Nations, whose duty it would be to super- intend on the spot the application of the arrangements which the Council might wish to make to that effect. The Lithuanian Delegation finds itself compelled to protest most energetically against the assertion of the Polish Delegate that it is in order to prevent the pacification of the country and to be able to maintain a condition of anarchy and dangerous excitement that the Lithuanian Government considered itself unable to accept the recommendation of the Council contemplating the abolition of the neutral zone. It rests persuaded that only the integral execution by the Polish Government of the Suvalki Convention would offer a firm basis for the pacification of the country, for which the Polish Government appears to be anxious. Also, in the name of its Government the Lithuanian Delegation ventures to express the firm hope that the Council will draw the attention ot the Polish Government to the existence de jure of a demarcation line, i.e., of Suvalki, established with the free consent of the two Governments under the auspices of the Control Commission of the League of Nations, as also to the benefit that would arise for Poland and Lithuania from the immediate fulfilment ot the agreement establishing this line. I beg you, Mr. President, to accept the assurances of my very high consideration. SlDZIKAUSKAS, President of the Lithuanian Delegation to the Council of the League of Nations. 35 I. — Annex to XXI. No. 127. 29th March, 1922. To the Minister for Foreign Affairs of the Lithuanian Republic : Towards the end of the year 1920 the Lithuanian army abandoned the town of Szyrvinty and its environs. With the mediation of the League of Nations a neutral zone was established. Nevertheless the Polish army, styled also that of the so-called Central Lithuania, made continual incursions into the neutral zone, in spite of the existing agreement, and whilst this zone was under the protection of the Control Commission, and assassinated inhabitants of the said zone known as hostile to the Poles, as well as those who had repaired to the capital of Lithuania, Vilna, at doctors' residences, schools, &c. On 1st March, 1921, six Polish soldiers, in the village of Avizance, Szyrvinty commune, situated in the neutral zone, attacked the vicar of the Szyrvinty church, the priest Joseph Mincevicius, at the moment when he was celebrating divine service, They conducted him into the forest, seized his money and watch and threatened him with death for the sole reason that he was a Lithuanian, and they liberated him only after the inhabitants had paid 5,000 Lithuanian marks. On 16th March, 192 1, Polish gendarmes in the village of Javniumy arrested the cure of the parish Zibole, the priest Lajauskas, who had gone to Vilna on church affairs, led him into the Lipovka forest in the neutral zone, and killed him. Six weeks later his body was found in the forest by his parents, who carried it to Zyboli and interred it. The larger part of the parish ot Szyrvinty is thus left without religious help, as the priests fear to fall into the hands of Polish gendarmes and to share the fate of the priest Lajauskas. The same winter Polish uhlans twice attacked the inhabitants of Liebionki, plundered them of all articles ot value and withdrew, threatening to murder them. During the night of June 13th, 192 1, eight Polish gendarmes from Meiszagola attacked the chief ot police of Szyrvinty, Mr. Sankauskas, to assassinate him, but were obliged to retire, having encountered resistance. Last November Polish soldiers in the village of Maciejunce arrested a police agent in the neutral zone created by the Control Commission, Mr. Jean Kumelis, and murdered him. On 18th November last, Polish soldiers murdered an agent of the same police, Mr. Karcauskas. while he was at his post at Szyrvinty. An incalculable number of robberies have been committed by Polish soldiers, as also by the Z.B.K. organisation, or party of " Terrorists," created specially by the Polish Government for the purpose of murdering all active persons hostile to the Polish domination. In January, 1922, Polish bands fell on a resident of the village ot Zirnavogi who was returning home, robbed him of his money and all that he had bought and beat him so severely that he succumbed from the consequence of the injuries received. In February armed terrorists ot the Z.B.K. attacked the village of Gaveniec, threw bombs at the house of Kuzinavicius, and wounded the peasant Gaigallas. In the month of March the same terrorists attacked the village of Jodelie, fired on the inhabitants, made perquisitions on them, and withdrew after having terrified the women and plundered the inhabitants. The Poles are now arresting at Javniuny everybody wishing to proceed to Vilna, and are conveying them to Zybolin, where they are forced to sign a statement that they wish to belong to Poland. Those who refuse to sign such a declaration do not receive permission to continue their journey to Vilna and are obliged to return home. In general the situation of the population of the neutral zone has appreciably worsened of late; complaints against robberies by the Polish organisation Z.B.K. in the neutral zone, which come to the Szyrvinty, are very numerous. As the result of one of these complaints the Szyrvinty police on 16th March proceeded to the village of Kiele, where they found an armed agent of the Z.B.K. who, on seeing the police agents, tried to flee. The police fired and wounded him, after which he threw down a hand grenade near him and was mortally wounded. The police took his rifle and leaving him on the spot returned to Szyrvinty to avoid greater misunderstandings. • 02 36 Seeing that the situation of the population of the neutral zone has become insupportable and that the life and property of the inhabitants of this zone are continually exposed to danger, and desiring to enjoy anew peace and order, we beg you to defend us against Polish aggressions and robberies by restoriug these lands with a purely Lithuanian population to the Lithuanian State. The Chief of the Szyrvinty Commune (Signature.) For the Secretary, (Seal.) (Signature.) Translation certified correct, SlDZIKAUSKAS, President of the Lithuanian Delegation to the Council of the League of Nations. II. — Annex to XXI. PROTEST OF THE INHABITANTS OF THE REGIONS OF SEINY, SMOLIANY AND PUNSK AGAINST THE POLISH OCCUPATION. 5th April, 1922. To the Minister for Foreign Affairs at Kovno. We, the inhabitants of the regions of Sieny, Smoliany and Punsk, and particularly of the villages of Jeglinec, Podvoipone, Voiponie, Sadzavki, Andrzejevo, Nikolajevka, Aleksandravka, Dembniak, Grauze-Stare, Zaboryszki, Zirviny, Svenciszki, Voiciuliszki, Trompoliszki, Olksniany, Kreiviany, of the town of Punsk, Punsk- Jurizdika, Punsk- Village, Oszkinie, Noviniki, Seivy; Ogurki, Voitokieme; Kompocie, Palunce, Buraki, Przystavance, Taurosiszki, Dziedziale, Vidugiery, Buda, Skarkiszki, Kleivy, Romanovce, Lumbie, Novosady, Podgaveniany, Zegary, Radziuce, Bubele, Janiszki, Szklarnia, Projeszki, Rymkejeziory, Vesolovo, Jenorajsce, Juodeliszki, Rasoce, Kelczany, Szlonzak, Pelele, Volynce, Ragoza, Konstantinovka, Birzynie, Rubiezanka, Dovieciszki, Ivoniszki, Griszkance, Zoganty, of the town of Seiny, Trakiszki, Szlyankiemie, Kalinovo and Szalciany. Profoundly persuaded of the justice of our request, we have on several occasions applied to the representatives of the Powers of the Entente at Kovno, as also to the Control Commission of the League of Nations, begging them to liberate us from the Polish occupation. Not only have we not hitherto obtained satisfaction for our aspirations but our requests and our complaints against the occupants, addressed to the representatives of the Powers of the Entente and to the Control Com- mission of the League of Nations have provoked hostile action towards us on the part of the occupants and render our situation still more difficult. In presenting this document to the Minister for Foreign Affairs of Lithuania, we beg him once more to address, in our name, an energetic protest against the Polish occupation. We protest against the irruption, on 28th October last, of the detachment of Czajkowski beyond the Curzon fine and against its presence in our region till this day, followed by difficulties of communication between the inhabitants of the neutral zone. We protest against the bad treatment, the arrests and penalties inflicted by the Poles on persons desiring to pass the line thus established. We protest against the enrolment, both by invitation and by force, ot the inhabitants of the neutral zone in the Polish army. We protest against the exploitation of the inhabitants of the neutral zone who speak Lithuanian, and who are placed in a much more unfavourable situation than those who speak Polish ; against the obligation under armed threat to pay taxes and various contributions, and against requisitions at the expense of the occupants. We raise our voice against the proposal of Poland to barter us for other Lithuanian soil and demand their entire withdrawal from the above-mentioned regions. We attach to the present protest documents of requisitions, taxes, mobilisation and others. We protest against the presence of the Czajkowski detachment at Pelele, and we beg that the necessary steps be taken to bring about its withdrawal. We protest against the efforts of the Czajkowski detachment to involve us, peaceful inhabitants, in the guerilla war, against the restraint of surveillance, notwithstanding that we have no arms, as also against the imposition upon us of responsibility for the attacks of partisans. We protest, again, against the collection by armed force of taxes and contributions in the neutral zone. 37 We certify the present protest as truly emanating from the inhabitants of the regions and villages above-mentioned, by our signatures. Signatures and annexes follow, together with a prayer not to divulge the names of the signatories. Translation certified correct, SlDZIKAUSKAS. XXII. M. SlDZIKAUSKAS, PRESIDENT OF THE LITHUANIAN DELEGATION to M. HYMANS, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. No. 490. Geneva, 14th May, 1922. Mr. President, The Lithuanian Delegation to the Council of the League of Nations has the honour to submit to your Excellency some observations suggested by perusal of the note dated 8th April, 1922, from M. Askenazy, Delegate of Poland, addressed to your Excellency and relative to the situation of prisoners detained in the prison of Kovno. In default of arguments and irrefutable facts capable of establishing the inexactitude of the assertions made to your Excellency by the Minister for Foreign Affairs of Lithuania on 20th March, the absolute authenticity of which the Lithuanian Delegation ventures to maintain with all its strength, and whereby the Lithuanian Government has refuted the erroneous information of M. Skirmunt, Minister for Foreign Affairs of Poland, concerning the sanitary condition of the prison of Kovno, the Hon. M. Askenazy has attacked the form itself of the Lithuanian note. Having constructed by comparison of two parts of two sentences treating of various subjects and contained in various places of the note of H. E. M. Jurgutis, an alleged contradiction, he is pleased to deduce therefrom that the information furnished your Excellency by the Lithuanian Government is valueless. The alleged contradiction which M. Askenazy has tried to demonstrate only seems to be a contradiction. It was never the Lithuanian Government's intention to deny the fact that two (and not six, as M. Skirmunt affirms in his telegrams of February 23rd and 25th) of the prisoners ot the Kovno prison, died from typhus. The phrase " the patients, fortunately not numerous, who were previously attacked (by typhus) are all cured " relates to the time after March 8th. In addition to these observations, the Lithuanian Delegation ventures very respectfully to draw your Excellency's attention and that of the Council to the fact that no citizen of Poland is at present held in the Kovno prison and that the repeated interference of Poland in the internal affairs of Lithuania appears to it unjustifiable. The sole fact that some Lithuanian citizens, condemned by tribunals of the Republic for crimes of high treason, let themselves be guided by instructions from the Polish General Staff, as was proved by legal trial, does not confer this right, we believe, on the Polish Government. It is solely from deference to your Excellency and the Council that the Lithuanian Government has deemed it necessary to furnish your Excellency with the information contained in the note above referred to of the Lithuanian Minister for Foreign Affairs. I beg you to accept, Mr. President, the assurances of my very high consideration. V. SlDZIKAUSKAS, President of the Lithuanian Delegation to the Council of the League of Nations. XXIII. M. SlDZIKAUSKAS, PRESIDENT OF THE LITHUANIAN DELEGATION, to M. QUINONES DE LfiON, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. No. 492. Geneva, 15/A May, 1922. Mr. President, It has come to the knowledge of the Lithuanian Government that two reports have been presented to the Council by Colonel Chardigny, President of the Control Commission of the League of Nations, dealing one with the elections in the Vilna region, organised by the Polish authorities occupying this territory and with the political and general situation in the contested territory before and during the elections, and the other to the arrests and expulsion of Lithuanian and White Russian notables from Vilna. 38 In view of the great interest which the Government of the Republic of Lithuania attaches to the principle of publicity which is also that of the League of Nations and in view of the importance and utility, for the settlement itself of questions in dispute between Lithuania and Poland, of the publication of the reports in question, the Lithuanian Delegation ventures, in the name of its Government, very respectfully to beg the Council of the League of Nations to be good enough to make the necessary arrangements so that the above-mentioned reports may be made public. I beg you to accept, Mr. President, the assurances of my very high consideration. SlDZIKAUSKAS, President of the Lithuanian Delegation to the Council of the League of Nations. XXIV. M. V. SIDIZIKAUSKAS, PRESIDENT OF THE LITHUANIAN DELEGATION, to M. J. M. QUINONES DE LEON, PRESIDENT OF THE COUNCIL OF THE LEAGUE OF NATIONS. No. 493. Geneva, i$th May, 1922. Mr. President, By the despatch of Professor Jurgutis, Minister for Foreign Affairs, dated April 1st, addressed to His Excellency M. Paul Hymans, President of the Council of the League of Nations, the Lithuanian Government in notifying the Council of the League of Nations of the fact that the Warsaw Government on 24th March, 1922, had caused to be voted by the Warsaw Diet a resolution contemplating the annexation of the contested region of Vilna to Poland, on the basis of the vote of the body resulting from the elections carried out by the Polish Government on 8th January, 1922, in this region, has protested against the attempt of the Warsaw Government to legalise the state of things created by the coup deforce of its general and has declared that it will never recognise an annexation of Lithuanian lands to Poland. The Lithuanian Delegation has the honour to present to Your Excellency herewith a memorandum regarding the elections in question and to beg the Council, in the name of its Government, to be good enough to take note thereof and to give effect to the aforesaid protest of the Lithuanian Government, as the Council was good enough to do on 13th January last on the occasion of the protest of the Lithuanian Government against the organisation of the above-mentioned elections by the Polish Government. I beg you, Mr. President, to accept the assurances of my very high consideration, V. SlDZIKAUSKAS, President of the Lithuanian Delegation to the Council of the League of Nations ad interim. Annex to No. XXIV. MEMORANDUM REGARDING THE VILNA ELECTIONS OF 8th JANUARY, 1922, PRESENTED BY THE LITHUANIAN DELEGATION TO THE COUNCIL OF THE LEAGUE OF NATIONS. I. By its note of 14th December, 1921, the Lithuanian Government energetically protested before the Council of the League of Nations against the attempts of the Polish Government to solve the Lithuanian- Polish dispute, in defiance of the general principles of International Law, by a unilateral solution, under Polish bayonets. The Council of the League of Nations has given effect to the Lithuanian protest and through its resolution of January 13th, 1922, declared that " It could not recognise a solution of a dispute brought before the League of Nations by one of its members, which should be realised outside the recommendation of the Council or without the consent of the two interested parties." Nevertheless, these elections have taken place in spite of the resolution of the Council of the League of Nations of 3rd March, 1921, which declared : " No new election shall be made before the signature of the definite agreement, unless the President of the Conference authorises it." They have been effected by the Polish Government under conditions where all the apprehensions of falsification of the will of the population, which were foreseen a priori, have been surpassed by the reality of the facts. The Polish Government, taking its stand on the vote of the body emanating from these illegal and falsified elections, on 24th March, 1922, caused the Warsaw Diet to pass a proclamation for the annexation 39 of the Vilna region to Poland. Thus the Lithuanian Government has found itself obliged to protest once more, through its note of ist April, 1922, addressed to H.E. M. Paul Hymans, against the efforts of the Polish Government contemplating the annexation of the capital of Lithuania and lands dependent thereon to Poland. The Polish Government endeavours, in order to justify its line of conduct which is contrary to the elementary standards of International Law, to demonstrate that the local population, under conditions of liberty and independence, would have manifested its will by a striking majority. The purpose of this brief Memorandum is to bring to the knowledge of the Council of the League of Nations certain information which may give a true picture of the political situation in the Vilna territory before the elections and during the vote of 8th January, 1922. Unfortunately, the numerous documents which depict these conditions and which are indispensable in such a case, cannot be enclosed here and published at present; the Polish occupation in the Vilna territory still exists and the indication of names or even the more exact designation of localities might have unfortunate consequences for the interested persons. The Polish Government has already furnished proofs of its attitude in such cases ; in order to find documents compromising the attitude of the Polish authorities during the elections, perquisitions were made during the night of 19th January at the offices of the various Lithuanian and White Russian organisations, as also in the dwellings of almost all leading persons of Lithuanian and White Russian nationality. More than forty persons were imprisoned and thirty-three of them were subsequently expelled from the Vilna territory. The end pursued by the Polish authorities through these arrests has been in part attained, for many documents have thus fallen into the hands of the Poles and have given them information for arrests in the provinces, which were effected without delay. II. After the first occupation of the Vilna region by the Polish troops in April, 1919, the Polish Government lost no time in flooding it with officials, natives of ethnic Poland, who occupied not only administrative posts but were also placed at the head of communal organisations. Not having any title to the Vilna territory, for centuries an integral part of Lithuania, the Polish Government undertook a vigorous propaganda in the country with a view to gaining over the population to the cause of Poland. Special organisations of propaganda were created, among which must bft named the " Straz Kresowa " (the Border Guard) and the " Komitet Obrony Kresow " (Committee of Defence of the Border Country) and others. With the aid of the gendarmerie and the said organisations, the Polish Government has tried to remove from the Vilna territory all the most active local elements capable of being hostile to the Polish domination. These were the Lithuanian intellectuals, who were the first to suffer the consequences of this policy inaugurated by the Polish authorities of occupation. Under the pretext of alleged sympathy with the Bolsheviks Lithuanians of the intellectual class were arrested en masse and thrown into prison. On the other hand, they were removed from public offices. Having no longer any opportunity of gaining a livelihood and ceaselessly menaced with perquisitions and arrests, the Lithuanian intellectuals were obliged to emigrate en masse into Western Lithuania, which was still independent. The military catastrophe of July, 1920, suddenly freed the country from the foreign element, which fled into Poland, leaving the entire country plunged into chaos and without administrative organs. The mayors of communes, who had been appointed by the Polish Government and chosen from among persons foreign to the communes, also quitted their posts together with the higher officials. The Lithuanian administration in the Vilna region, introduced on 26th August, after the evacuation of the country by the Russian Bolsheviks, lasted only till 9th October, and was not in a position to restore to their homes all the Lithuanians who had been previously expelled by the Polish authorities of occupation or who, for some cause or other, had been forced to quit the country. The return of the Poles with General Zeligowski at their head, after the violation of the Suvalki Treaty the day following its signature, was succeeded by a recrudescence of Polish methods seeking to denationalise the country as speedily as possible by depriving it of the opportunity for developing its political, national, cultural and economic life. Being at war with Lithuania, the Polish Government was able to arrest and imprison all persons who had remained during the Lithuanian administration, on the pretext of espionage on behalf of the Lithuanian Government. The arrests of priests, teachers and even of pupils of Lithuanian schools assumed enormous dimensions. As an example of these arrests may be cited those made en masse on 22nd November, 1920, and days following. The cultural institutions, above all the schools of the province, deprived of their principals, were forced to close their doors. 40 The conclusion of an armistice, at the instance of the Control Commission of the League of Nations, on 29th November, between the Lithuanian army and the Polish army commanded by General Zeligowski effected no improvement in the situation of the population of the contested territory. The intervention of the Military Control Commission with the Polish Government for a certain time tempered the Polish regime in the Vilna region. Nevertheless the decision of the Council of the League of Nations of 20th September, 1921, in the question of the fate of the Vilna region again suddenly changed the attitude of the Polish Government towards the Lithuanian and White Russian population of this region. The Polish Government, without formally replying to the above-mentioned resolution of the Council of the League of Nations, approved by the plenary Assembly on 24th September, and without awaiting the response of the Lithuanian Government on this subject, immediately undertook in secret preparations for the organisation of elections in the Vilna region, in order thus to give a new course to the solution of the Polish-Lithuanian dispute regarding the attribution of this region. It is this initial idea which may explain the revision of passports and the pogrom of Lithuanian and White Russian cultural and economic institutions, which took place at Vilna and in the provinces in October, 1921 and subsequently. During this revision of passports anybody who would not declare himself a citizen of Poland or of the so-called Central Lithuania administered by the Poles, was regarded as totally foreign to the region of Vilna, irrespective of the number of years passed in the territory, and he received a certificate permitting him to dwell for a limited term, but conferring no political rights. The pogroms of Lithuanian and White Russian cultural institutions effected in October last year had in view the previously mentioned object of removing the Lithuanian and White Russian intellectuals from the town. The Polish Government has refrained from changing anything either in the domain of its military forces or in that of its administrative apparatus. The military forces, in spite of the decision of the Council of the League of Nations of 3rd March, 1921, which reduced them to 15,000 men and in spite of the efforts of the Military Commission of Control, have not been diminished. ' They have encircled and flooded all the contested country. A special organisation, semi-military, semi-civilian, under the name of Z.B.K. (Zwiazek Bezpiec- zenstwa Kraju — League of Safety of the Country), came to the help of the regular army. It was formed of Polish soldiers on furlough or liberated from the army. Each member of this organisation received his equipment and ample salary from the Polish Government and to a certain extent fulfilled the duties of a political police. A specially created political gendarmerie were to shadow anybody supposed to be hostile to the intentions of the Polish Government. The preventive censorship mercilessly suppressed all articles, all information, all lines capable of casting a shadow on the action of the Polish authorities at Vilna. Moreover, the Polish authorities inflicted huge fines upon Lithuanian papers in order to make it impossible for them to exist in general. Such were the political conditions in the interior of the contested territory when the Polish Govern- ment got the Warsaw Diet, on 16th November, 1921, to vote for elections in the Vilna region. III. The Electoral Regulations, published at the beginning of December, 1921, by the Government of Zeligowski, were drafted so as to permit all Polish elements, foreign to the Vilna territory, and introduced by the Polish Government or spontaneously arriving and specially favoured by the latter, to take part in the vote and to influence its results. In fact paragraphs 6 and 7 of the Regulations gave the franchise to everybody working in the municipal offices and in State bureaux in the Vilna territory. Now, we have seen above that these were for the most part Polish officials from Poland, strangers to the Vilna region. Paragraph 2 of the Regulations conferred the franchise upon anybody born in the electoral territory and did not require that he should have sojourned there. No proof demonstrating this fact was called for in the Regulations (" the right to vote for the Diet pertains to anybody, without distinction of sex who before 1st November, 1921, has attained the age of 21 and answers the following conditions ... 2, who was born in the electoral territory indicated in paragraph 1 "). No control with regard to this paragraph was deemed necessary. IV. The illegality of elections in a militarily occupied territory, the regime of terror which reigned there against the non-Polish population, and the rule conferring the franchise upon persons completely foreign 41 to the electoral territory compelled the Lithuanian, White Russian and Jewish population to declare through their respective national organs that they would abstain from voting. According to Russian statistics for 1897, which alone have been established upon a scientific basis and which have generally been recognised by all, persons who should be regarded as Poles in the electoral territory form 11*27 P er cent - of the population. Thus 88 '73 per cent, of the population before the elections declared that they were not in agreement with them and did not wish to participate. The check to Polish intentions seemed to be complete and the Polish Government found itself obliged to adopt all possible measures to save its prestige. Desiring to show its " impartiality," the Polish Government had recalled its " rebel " general Zeligowski and replaced him by M. Alexander Meysztowicz, a rich landed proprietor of the Kaunas region, who had been called to Warsaw and had there received instructions from the Polish Government. But, in reality, General Zeligowski, on the pretext of sickness, had remained in Vilna and departed only on the eve of the elections, 7th January, 1922. The Polish administration remained the same. The regime previously described had changed in nothing. In order to thwart all propaganda against the elections, a special decree (Decree No. 427) was promulgated providing severe punishments against anybody agitating against participation in the elections. This decree permitted agitators to threaten the rural population and that of the small boroughs with punishments which were provided if they abstained from voting. The lapse of time between the publication of the decree announcing the elections (1st December) and the " election regulations " (4th December) and the polling day (8th January) being a month, it was impossible, in a country devastated by the war, where ways of communication are in a very bad state, where administrative organs function badly, to compose lists of persons enjoying the franchise, to publish them, to verify them, to make lists of candidates, etc. But the Polish Government did not trouble about that. To save appearances, the Polish authorities compiled lists of persons enjoying the franchise only in the town of Vilna, despatching special agents into the dwellings of the inhabitants. It should, however, be noted that documents proving domicile in the Vilna region were not demanded, and each was free to enter on the voters' list anybody who had never been domiciled in the Vilna territory, but whom it was hoped to see come to Vilna, taking advantage of the privileges accorded in advance to voters by the Polish authorities. In view of the abstention from voting of persons belonging to the Lithuanian, White Russian, and Jewish nationalities, the Polish authorities of occupation were interested fh thus augmenting the number of voters. The above mentioned nationalities having determined to boycott the elections, were scarcely interested in the lists. Moreover, these lists have not been published. They were displayed in the polling booths for three days, a term whose inadequacy is not open to discussion. As regards the provinces, the Polish Government was still less particular. It contented itself with appointing " instructors of elections," whom it charged with " conducting the elections." According to secret instructions given to these instructors, the lists of persons having the right to vote were to be composed so that " everybody should take part in the vote." For this purpose, they inscribed on the voters' lists everybody of whom they were sure ; in many cases, the same persons figured twice in the neighbouring communes; at other times they inscribed on the list the names of persons under the required age (for example, in the commune of Nocia (Nacza) district of Lida) ; in other com- munes, on the other hand, entire villages were not mentioned (the villages of Miezonneliai, Grigaliunai, Akvieriskis, district of Svientziany). It is interesting to recall the fact that in many villages the inhabitants hid themselves when they learned of the arrival of the instructors, and the latter found only children in the houses. Under these conditions, the voters' lists were prepared in the chancelleries on the information of the mayors of communes and under the dictation of Polish agents of propaganda. They were not published either before or after the elections. It is interesting to add that, during this period, the Polish Government permitted itself to conduct one more small operation. Some dozens of White Russian teachers, who might have created obstacles to the manipulations of the Polish authorities, were imprisoned. It goes without saying that the electoral commissions were formed of Polish officials and of elements devoted to the Polish cause, to whom were added persons susceptible of intimidation who, in spite of the protests of their companions, could remain mute witnesses of the procedure adopted by the Government of Warsaw. As regards the lists of candidates for the deputation, it should be remarked that the attempts of the Polish authorities to obtain from the Lithuanian, White Russian and Jewish population the presenta- tion of their national lists or to enter their candidates on the collective lists were in vain. Thus, there were only Polish lists with candidates chosen very often among the high Polish clergy, such as Archbishop 42 Hryniewicki, or among the members of the Warsaw Diet, such as the Abbe Maciejewicz, or among Polish officials, such as Professor Parczewski, former Polish deputy to the Russian Duma, now professor at Vilna appointed by the Polish Government. Some exceptions are edifying. A quasi-Lithuanian list was on the point of being presented in the commune of Ceikine, formerly Michailovskaia, where out of a total of 18 candidates 14 were illiterate. Some lists were presented in the district of Oszimana by an adventurer of White Russian nationality named Aleksiuk, agent in the pay of the Polish Government, which were subsequently disavowed by the White Russians. One of these lists collected 17, the other only four votes. The strongly marked boycott of the elections by the large majority of the local population induced the Polish Government to have recourse to all measures calculated to attract the voters to the urns. Enormous sums were spent on propaganda. Numerous experienced agitators, assembled from all corners of Poland, flooded the electoral territory, and exercised all possible pressure to compel the population to cast their vote on the polling day. Threats and intimidation of the population were the means most employed by the Polish agents. Decree No. 427 served them as a basis. Severe and absolute prohibition of counter-propaganda measures adopted against Lithuanian and White Russian papers, which were sometimes retained in the post offices, sometimes confiscated from the vendors and, moreover, the very low level of culture in this region offered a propitious terrain for the activities of the agitators. Thus threats were hurled everywhere against those who should abstain from voting. They were threatened with : — Enormous fines (from 20,000 to 30,000 marks at Dzeveniskis, district of Asmena (Oszmiana) ; of 25,000 marks at Naujasalis; of 10,000 marks at Butrimonys (Butrimance), district of Lida) ; Fire (village of Dotenemai, district of Svencionys (Sventziany), village of Cizenai, &c.) ; Expulsion from Vilna territory (village of Mogunai, district of Braslaw) ; Confiscation of property (villages of Rimse, Dukstas, district of Braslaw) ; Stationing of soldiers and gendarmes at the expense of the village (villages of Danuociai, Mikalciunai, district of Lida) ; Increase of taxes (communes of Dukstas, district of Braslaw) ; Despatch to concentration camps (village of Plikiai, commune of Zirmunai) ; Pogrom of Jewish population (commune of Dukstas, district of Braslaw), and even With the death penalty (village of Jecunai, district of Svencionys (Sventziany). The Polish clergy, on their part, conducted propaganda for the elections in the churches, sometimes spontaneously (church of Ostro-Brama, Saint- Jacques, Saint-Pierre and Paul at Vilna), sometimes forced by the authorities (as proved by a letter from the Abbe Drabnys of Rodune, Lida district), threatening with malediction all those who did not vote for Poland. This concentrated propaganda of the lay and ecclesiastical authorities has had its results. Where these threats had not failed to take effect, the inhabitants arrived at the urns and voted not only for themselves, but also simultaneously for their family (commune of Gerveciai (Gerwiaty)), district of Asmena (Oszmiana), and even for their absent neighbours (commune of Sieniskis, Braslaw district). The most characteristic case of this kind is that of Sieniskis, where out of nearly 1,600 persons having the right to vote, only 23 voted and cast more than 200 ballots. In some cases threats had hardly credible effects ; death certificates were presented to the electoral commission in order to escape fines. In some villages (for example, at Dukstas), the Jewish population confronted by the dilemma — pogrom or the vote — found itself compelled to adopt the second part of the alternative. In order to increase the number of voters, facilities were accorded to the inhabitants of Poland who pretended to be born in Lithuania and who expressed the desire to proceed to the Vilna region to take part in the election. These persons were transported at the expense of the Polish State in second-class coaches, and received in some cases substantial pay, and in others were entertained and lodged free of charge from their arrival till their departure. Paragraph 2 of the Electoral Regulations conferred the right of vote on persons born in the Vilna region, and it was not difficult to declare that they were born there. The necessity of having a larger number of votes, owing to the abstention of the Lithuanian, White Russian and Jewish population rendered the Polish authorities very indulgent as to the verification of these assertions. As an example of this kind, may be cited the Archbishop Hryniewicki, a native of and born in Poland, who was entered on the voters' lists as an inhabitant of Vilna, because he had been appointed Bishop of Vilna by the Russian Government and had exercised his functions during a year and a half nearly 38 years ago (in 1883). As the polling day approached, thousands of these persons, " born in the electoral territory," arrived in the city of Vilna and its region. Some among them, taking advantage of the favourable 43 opportunity, arrived to see their old acquaintances and parents; others to see Vilna after the war; others were prompted by commercial interests and paid for all this with their vote. In spite of all the measures already described, the number of voters did not appear considerable. The Polish Government was obliged to recognise through its Press Agency W.A.P. (Wilenska Agcncja Prasowa — Vilna Press Agency) that entire villages had retrained from voting (in the communes of Olkeniki, Orany, &c). Even in the town of Vilna, in spite of propaganda by eminent men of Poland (the Polish Ministers from Warsaw and deputies to the Polish Seim came to Vilna for this) ; in spite of innumerable meetings, participation in the poll was not considerable. Numerous officials, persons from Poland and a minimum portion of the population voted. As regards the formalities provided by the Regulations, they were more or less observed during the first part of the day, but in the afternoon more indulgence was shown. Lovers of the ballot could stroll from one electoral office to another to cast their vote ; girls of twelve could vote for their mothers, and persons passing through the town en voyage and totally foreign to this region voted without caring about the responsibilities foreseen by the Regulations. For reasons indicated above, the mention of individuals is not possible for the moment. Considering that the lists of persons having the franchise have not been published either before or after the elections, and that the control of voters was in the hands of those who had an interest in showing that the population had voted en masse, the percentage of the population of the Vilna region which took part in the vote remains a mystery for all save the Warsaw Government. It is interesting to emphasize the fact that, according to the most impartial official statistics, notably the Russian of 1897, Lithuanians, White Russians and Jews form in the district of Vilna 67 '05 per cent, against 20"i2 per cent, of Poles; in the Troki district, 83 • 4 per cent, against 11 '2 per cent, of Poles; in the Lida district 94 ' 1 per cent, against 4 ' 6 per cent, of Poles ; in the Sventziany district 88 ' 5 per cent, against 6 per cent, of Poles ; and that in spite of this, not a single deputy belonging to one of these nationalities was elected. In conclusion, the entire procedure of the elections in the Vilna region carried out under the Polish military occupation, which maintained a veritable reign of terror and persecution, was merely an obvious pretence, and the Vilna elections were but an eloquent confirmation of the brilliant thought of His Excellency, M. Paul Hymans, President ot the Council of the League of Nations, who, on the occasion of the sitting of the plenary Assembly on 24th September, 1921, expressed himself in these terms : " A people whose territory is militarily occupied cannot freely pronounce itself on its fate. It c*annot deliberate in full independence under the pressure of bayonets." SlDZIKAUSKAS. XXV. DECLARATION MADE BY M. V. SlDZIKAUSKAS, PRESIDENT OF THE LITHUANIAN DELE- GATION, AT THE SITTING OF THE COUNCIL OF THE LEAGUE OF NATIONS, i6th May, 1922. Mr. President and Gentlemen Members of the Council, The question of the neutral zone having been placed on the Council's Order of the Day, I should like to refer in a few words to the origin of this zone as also to explain as briefly as possible the standpoint and attitude on this subject of the Government which I have the honour to represent. From the end of the month of September, 1920, negotiations were held at Suvalki between the representatives of the Polish and Lithuanian Governments, under the auspices of the Military Commission of Control of the League of Nations, with a view to the establishment of a demarcation line between the two armies. These negotiations came to a conclusion and the signing on 7th October, 1920 by the two Governments of the said agreement of Suvalki, as the result of which the demarcation line was established. Chapter V of the agreement was thus drafted : — "The present arrangement remains in force till all disputed questions between Poland and Lithuania are definitely settled." After having signed this convention which appeared to offer a solid basis for the re-establishment of confidence between the two neighbouring peoples, the Polish Government had nothing more urgent than to violate the engagement which it had voluntarily accepted towards Lithuania and towards the League of Nations. The Polish army with General Zeligowski, then declared a rebel, at the head, two days after the signature of the agreement, after desperate fighting with the Lithuanian troops, seized Vilna, where the Lithuanian Government was installed, and all the region, known since under the style of the contested territory. 44 The Polish Government disavowed this illicit enterprise of its general and, the day after Zeligowski's coup de force, proposed to the Lithuanian Government to continue the negotiations on the prolongation of the demarcation line of Suvalki in the northern part of Lithuania, then occupied by the Red Army of Russia of the Soviets. This proves that, even after the staging of the adventure of General Zeligowski, the Polish Government considered itself bound by the convention which it had signed. Meanwhile fighting continued between the Polish troops of General Zeligowski and the Lithuanian army. After the brilliant victory of the Lithuanian army near Szyrvinty, where General Zeligowski himself was almost captured, and at the moment when the victorious Lithuanian army was marching on Vilna, a protocol of armistice had to be signed at Kovno on the very energetic entreaties of the Control Commission of the League of Nations. This protocol, which did not in any way affect the stipulations of the Suvalki convention and which was concluded for the sole purpose of facilitating Poland's evacuation of Vilna and the region of that name illegally occupied by General Zeligowski styled rebel, established a neutral zone between the Lithuanian and Polish troops, these latter commanded by General Zeligowski. In the later discussions which took place on the subject of Vilna, the Polish Government did not cease to declare that it was the presence at Vilna of the rebel Zeligowski, who did not obey orders from Warsaw, that prevented the execution of the international arrangement in question. Nevertheless some new facts appear to have taken place recently. If the Polish papers are to be believed, General Zeligowski, after having acquitted himself so brilliantly of his task as a rebel general, has received from the Polish Government another high appointment in Poland itself. His ardent love for Central Lithuania, which moved him to liberate that Lithuanian land from the " Lithuanian yoke," has disappeared with circumstances. It appears even that in the wake of a vote of the Warsaw Diet, the Polish Government has taken into its hands the direct administration of Vilna and all the contested territory. The Lithuanian Delegation consequently ventures to formulate its firm hope that the Council will not insist upon the fixation of a new demarcation line other than that of Suvalki, which would be inter- preted by the Lithuanian nation as a derogation of the former and as the stabilisation and tacit sanction by the Council of the situation created at Vilna by the rebel general's coup deforce, which the Lithuanian Government would never be in a position to accept. The Lithuanian Delegation has the honour to renew with the Council its most respectful entreaties to remind the Polish Government that after the recall of General Zeligowski, no reason either of law or fact any longer prevents it from proceeding with the immediate and integral fulfilment of the Suvalki convention establishing a demarcation line de jure, as well as to insist upon the utility that would accrue from thus establishing confidence between the two nations, so gravely compromised by the staging of the rebel general's enterprise — a confidence absolutely indispensable for the solution of all litigious questions between the two States. The Lithuanian Delegation is perfectly aware of the difficult situation from which the local inhabit- ants have to suffer in the neutral zone. Nevertheless, it rests persuaded that the substitution of a demarcation line for the present neutral zone, even under the style of an administrative line and while safeguarding the appearance of the neutral zone, is little calculated to ameliorate the condition in which the local populations live, experience having clearly demonstrated hitherto that the inhabitants of the regions endowed with a demarcation line already established suffer from continual violation of this line as much as, if not more than, the populations of the neutral zone destitute of a demarcation line and that, above all, such a measure could not avert the danger of an armed conflict. The Lithuanian Govern- ment also ventures very respectfully to urge the Council to be so good as to take under its high protection the population of the neutral zone until the establishment of the demarcation fine in force, that of Suvalki, or until the definite solution of the Lithuanian-Polish conflict. XXVI. DECLARATION MADE BY M. V. SIDZIKAUSKAS, LITHUANIAN DELEGATE, AT THE SITTING OF THE COUNCIL OF 17TH MAY, 1922. Gentlemen, In face of the proposition of His Excellency M. Paul Hymans about the neutral zone, the Lithuanian Delegation deems it its duty to refer to its declaration made yesterday in the Council sitting and to attach the following observations thereto. 1. The neutral zone was established at the instance of the League of Nation's Control Commission between the Lithuanian army and the forces of the Polish General Zeligowski, with the sole aim of facilitating the evacuation of the latter from Vilna territory, beyond the line laid down by the Lithuanian and Polish Governments in the Suvalki Treaty. The direct consequence of the staging by the Polish 45 Government of the Zeligowski coup deforce, the neutral zone ought to have disappeared after the liquida- tion of this illicit enterprise by the rebel general, permitting the re-establishment of the legal situation determined by the Suvalki convention and violated by the said general. Considering that General Zeligowski had been recalled by the Polish Government, which has confided to him another mission, and that in the wake of a recent decision of the Warsaw Diet, the Polish Government has taken into its hands the direct administration of the contested territory, the Lithuanian Delegation ventures very respectfully to renew before the Council its previous solicitations to be so good as to insist vis a vis the Polish Government on the utility which Poland's execution of the Suvalki convention establishing a demarcation line would have for the re-establishment of confidence between the two nations, as also for the solution of the Vilna dispute, and that nothing either in law or in fact any longer prevents it from fulfilling its aforesaid international engagement. In these circumstances, the consent of the Lithuanian Government to the establishment of a new line of administration and demarcation other than that of Suvalki would run the risk of being interpreted in the sense of a recognition or of a tack legalisation by Lithuania and by the State Council of the state of things created by the rebel general and by the vote of the Warsaw Diet, dated 24th March last, contemplating the annexation to Poland of the contested territory. It would offer a change of the present situation to the obvious detriment of the rights and interests of the Lithuanian State, because on the one hand, it would prejudice the rights won by Lithuania and stipulated in the Suvalki Treaty, and on the other it would place under Polish domination more Lithuanian territories with a purely Lithuanian population. The Lithuanian Government has already ventured to explain, in both its preceding declarations and the notes which it has addressed on this subject to the Council, that the establishment of a new administrative demarcation line would not ameliorate the conditions in which the inhabitants of the neutral zone are living, and that above all this measure would not avert the danger of an armed conflict. The neutral zone in the Suvalki region, already endowed with such a line, is a glaring proof of this. The Lithuanian Government is equally opposed to the appointment of a Commission to study this question. Such an act on the part of the Council might create a dangerous precedent and entail regrettable consequences. The Lithuanian Government greatly regrets that in this case it would not undertake to lend its support to the labours of such a Commission. The Lithuanian Delegation consequently finds itself, to its great regret, totally unable to \ccept the resolution in question or to recommend the acceptance thereof to its Government. The Lithuanian Delegation will always be willing, if the Council will so permit, to formulate two suggestions which, in its opinion, followed or preceded by Poland's fulfilment of the Suvalki Convention, would be likely to put an end to the sufferings of the Lithuanian population in the neutral zone. 1. The Lithuanian Government ventures to beg the Council to be good enough to take the population of the neutral zone under its high protection until the carrying out by Poland of the Suvalki Convention or until the definite solution of the Polish-Lithuanian dispute, and to appoint, for this purpose, a High Commissioner of the League of Nations belonging to a neutral Power, whose mission would be to superintend on the spot the application of the arrangements which the Council might make to this effect; or 2. To draw the attention of the Great Allied Powers to the urgent and absolute necessity of tracing the eastern frontiers of Poland this right being reserved to the said Powers by Art. 87 of the Versailles Treaty. 11. As regards the suggestion of H.E. M. Paul Hymans to pardon the political prisoners at present in the Kovno prison, the Lithuanian Delegation, taking into consideration on the one hand that— (a) there is no Polish national at present detained in the Kovno prison for the crime of high treason ; (b) and on the other hand there are concerned only some Lithuanian nationals condemned by the tribunals of the Republic for crimes of high treason which have been committed in the territory under Lithuanian jurisdiction, cannot recognise the right of the Polish Government to continued interference in the internal affairs of Lithuania, which right it considers itself absolutely unable to concede. Seeing that Lithuanian and White Russian notables were first arrested and then expelled from the contested territory by the Polish authorities in occupation for motives which can in no way be justified, the Luthuanian Delegation can see no analogy between these two classes of persons. This distinction having been made, and in deference to the highly humanitarian reasons so brilliantly expounded 4 6 by H.E. M. Paul Hymans and in deference to the Council, the Lithuanian Delegation is ready to propose to its Government that it should carry out the recommendation of the Council as soon as all those expelled from the Vilna territory shall be authorised by the Polish Government to return to their abandoned homes and as soon as the Polish Government shall promise the Council of the League of Nations not to persecute them afterwards and to abandon the policy of persecution hitherto pursued by the Polish Government towards the non-Polish population in the Lithuanian territories illegally occupied by Poland. XXVII SIR ERIC DRUMMOND, SECRETARY-GENERAL OF THE LEAGUE OF NATIONS, to M. SIDZIKAUSKAS, PRESIDENT OF THE LITHUANIAN DELEGATION. Geneva, lyth May, 1922. Mr. President, The President of the Council has transmitted me your letter under date of 13th May, regarding the arrests and expulsions which have taken place in the Vilna territory, and asking the Council to use all its influence with the Polish Government to bring about the cessation of such measures and prevent their renewal. I have the honour to acknowledge receipt of this letter and to remind you that, by the resolution voted at yesterday's sitting, the Council have made an appeal to the clemency of the two Govern- ments in order to obtain the repatriation or liberation of all persons prosecuted for political reasons and not accused of crime against the common law. Please accept, Mr. President, the assurance of my distinguished consideration. The Secretary-General, Eric Drummond. XXVIII. M. PAUL MANTOUX, DIRECTOR OF THE POLITICAL SECTION, to M. SIDZIKAUSKAS, PRESIDENT OF THE LITHUANIAN DELEGATION. Geneva, 18th May, 1922. Mr. Delegate, The President of the Council has handed me your letter of 15th May, demanding the publica- tion of the reports of the Military Mission of Control of the League of Nations and having reference to the elections in the Vilna region, as also to the general political situation in the contested territory and to the arrests and expulsions of Lithuanian and White Russian notables of Vilna. In the present session the Council has decided that these reports shall be shortly printed, communicated to the members of the League, and published. Please accept, Mr. Delegate, the assurance of my high consideration. For the Secretary-General, Paul Mantoux, Director of the Political Section. XXIX. LETTER FROM THE POLISH MINISTER FOR FOREIGN AFFAIRS TO THE PRESIDENT OF THE COUNCIL. Warsaw, 26th June, 1922. 11/21512/6596. I have the honour to bring urgently to your knowledge the following : Contrary to its obligations contracted towards the League of Nations and despite its own declarations made before the Council on the subject of the necessity for maintenance of the status quo in the neutral zone, the Lithuanian Government has arbitrarily introduced its regular administration in certain localities of this Zone. Emissaries of the Government of Kovno have unlawfully seized power 47 at Szyrvinty and have forcibly imposed their authority on the population. They officially exercise their functions in the name of the Lithuanian Republic and deliver documents invested with the State seal. I am transmitting to your Excellency by courier an authentic specimen of such a document. The Polish Government categorically protests against such a violation of the neutral zone by the Government of Kovno. Desiring at all costs to avoid incidents which might arise as the result of the inadmissible course of the Lithuanian Government, the Polish Government insists on the urgent necessity of proceeding in conformity with the resolutions of the Council with the immediate liquidation of the neutral zone. Please accept, Mr. President, the assurances of my very high consideration. (Sgd.) Skirmunt. XXX. REPLY FROM THE LITHUANIAN MINISTER FOR FOREIGN AFFAIRS TO THE SECRETARY-GENERAL, CONCERNING POLISH NOTE OF 26th JUNE, 1922. Kaunas, 17th July, 1922. No. 16953. Mr. Secretary-General, I have the honour to acknowledge receipt of your letter of 3rd July, containing a copy of a note from H.E. Mons. Skirmunt, dated 26th June, with regard to the neutral zone. In reply, I have the honour to beg you to be so kind as to bring to the cognisance of the members of the League of Nations the following : Contrary to the assertions of the Polish Minister for Foreign Affairs, the Lithuanian Government respects strictly, rigorously and to the fullest extent the neutrality of the zone established between the Lithuanian and Polish armies. The Lithuanian Government in no way allows its organs to interfere in the administration of the said zone. The communal administration of Sirvintai (" Szyrvinty ") of which M. Skirmunt speaks in his note was established before the rupture of the Suvaiki Convention by the Polish Government. As for the organisation of militia of the neutral zone, it was effected by the Military Control Commission of the League of Nations. And, in general, the Lithuanian Government, loyally conforming to its declarations before the Council, has not in any way infringed the status quo in the zone. As regards the documents which purport to bear the seal of the Lithuanian Republic, the Lithuanian Government must declare that it has no knowledge whatever of their existence, and that the neutral character of the zone does not permit it to proceed with the necessary investigations for the verification of the allegations on this subject. The Lithuanian Government can only pay tribute to the desire manifested by the Polish Government, at all costs to avoid incidents which might entail the interference of one of the two Governments in the administration of the neutral zone. At the same time, however, the Lithuanian Government expresses its regret that the Polish Minister for Foreign Affairs does not appear to be informed on recent events in the neutral zone near Sirvintai (" Szyrvinty "), the place mentioned in his note, events to which I must draw the attention of the Council. On 13th June, towards 3.30 a.m., some dozens of Polish uhlans, in uniform, with foot soldiers in civilian clothes, figuring as guerillas, numbering about a hundred persons, armed with four machine- guns, grenades, and rifles, made an incursion into the borough of Sirvintai. The militia of the neutral zone were forced to retire ; an agent of the militia, named Molis, was arrested, stripped and shot in the borough. Moreover, during the skirmish which took place betwwen the assailants and the local militia, several inhabitants were killed or wounded. The chief of the assailants, a so-called Dr. Sarton, threatened the inhabitants of the Sirvintai borough with similar incursions in case they should not revert to Poland. On 28th June a detachment of Polish gendarmerie, styled " Battalion of Civilian Gendarmerie of Repression," having raided the villages of Giraite, Motuizai, Sarkiskiai, Moliai, Beksiai, and others, beat, robbed and arrested the inhabitants supposed to be hostile to Polish domination. Moreover, special organisations, such as the Z.B.K. (Zwiczek Bezpieczenstwa Kraju — Union for Security of the Country), supported by the Polish authorities, and intended to seize the neutral zone and border regions, continue to be completed by elements from all Poland and even from Upper Silesia. A branch of this organisation, styled the " Police of the People of the Neutral Zone," terrorises the population of the said zone. It was this that made the aforesaid incursion of 13th June. Its chief, known as 48 Dr. Sarton, left on 25th June for Vilna to receive new instructions and reinforcements. All the information coming to the Lithuanian Government clearly indicates that he is preparing for new incursions into Sirvintai and Giedraiciai (Giedroici), situated in the neutral zone. It should be added that, latterly, many armed persons, wearing civilian clothing, have been seen in Vilna. Persons wearing the insignia of the P.O.W. (Polska Organizacija Wojskowa — Polish Military Organisation) ceaselessly arrive in Vilna. Thus, on 25th June, 130 persons of the organisation arrived and were received at the station by a military band. Proclamations exciting the population against Lithuania and inviting it to guard the Polish Fatherland, are posted in the streets of Vilna. More and more frequent attacks against the police of the neutral zone and against Lithuanian posts of the demarcation line are, without doubt, connected with the arrival of these persons in the Vilna region. At the same time the rumour is spread in the Vilna region that about 50,000 Lithuanian deserters are preparing to return to their homes. The facts which I have cited point to the evidence that there really exists a danger of grave complications in the neutral zone, but that the source of this danger is situated, not in Lithuania, but in Poland. The charges, devoid of all foundation, formulated by Poland against Lithuania, are another disquieting indication of the intention of the Warsaw Government to create pretexts to legitimise more direct action in the eyes of the public opinion of the world. These indications, as well as historic experience of recent years, unfortunately warrant the Lithuanian Government in apprehending a new coup de force on the part of Poland in the near future. In bringing the foregoing to the cognisance of the Council of the League of Nations, the Lithuanian Government has the honour to beg it to be so good as to use its high authority with the Polish Government in order to put a speedy end to the present situation in the neutral zone. Please accept, Mr. Secretary-General, the assurances of my high consideration. V. Jurgutis, Minister for Foreign Affairs. 49 APPENDICES. I. — Notes addressed by the Lithuanian Government to the Polish Government after the decision of the council of the league of nations of january 13, 1922, with proposals to begin direct negotiations and submit the decision of the llthuanian-polish dispute to the Permanent Court of International Justice. (1) Note from the Lithuanian Minister for Foreign Affairs. His Excellency, Monsieur Skirmunt, Minister for Foreign Affairs, Warsaw. Kovno, 27th January, 1922. Your Excellency, During the entire course of the negotiations on the Vilna question which have been pursued before the Council of the League of Nations, the Lithuanian Government has given proof of a spirit of conciliation and sacrifice inspired by its profound love of peace, and its constant concern for good relations with Poland. Having consented to the conduct of the negotiations upon a manifestly unequal footing, the territory in dispute being occupied by Polish troops, the Lithuanian Government has accepted all the propositions of the Council of the League of Nations which it thought compatible with its independence and safety, and has only refused those which have been considered inacceptable by the entire Lithuanian nation. Consequently, the Lithuanian Government very much regretted the Resolution of the Council of the 13th January of the present year, putting an end to the conciliatory proceedings which the parties had begun before this high international court. Faithful to its desire to arrive at a peaceful solution of the conflict, the Lithuanian Government does not believe, however, that the failure of the negotiations conducted under the protection of the Council of the League of Nations relieves it from the duty of making a new effort to come to an understanding with the Polish Government. The Lithuanian Government is at the same time inspired by the remembrance of the Polish Government's Note of the 9th October, 1920, proposing new negotiations regarding the line of demarcation, and it hopes that this Government will find as it does that the present situation is not in any way opposed to the opening of direct negotiations, upon a broader basis, comprising the future relations between the two States. In making this friendly proposal to the Polish Government, the Lithuanian Government asks it to take into consideration the following circumstances : — The Lithuanian Government protested in due time, before the Council of the League of Nations, against the elections for the Vilna Diet organised by the Polish Government under the regime of military occupation, and with a view to a one-sided solution of the litigious question. It thought fit to add at the same time that it would regard the vote of the Diet resulting from such elections as null and void. The Council of the League of Nations has recorded the protest of the Lithuanian Government, and has declared that it would not recognise a solution of the dispute arrived at regardless of its recommendations or without the consent of the two interested parties. The circumstances in which the Vilna elections were carried out can only confirm the Lithuanian Government in the attitude it has adopted. The Lithuanian, White-Russian, and Jewish elements constituting the greater majority of the Vilna population, have abstained from taking part in the ballot. The rest of the population has been driven to the ballot-boxes by the threats of Polish agitators — threats sometimes secret, sometimes made openly in public meetings. Besides, elements entirely foreign to the district, imported by the cares of the Polish authorities, have participated in the vote. Finally, according to information received by the Lithuanian Government, many irregularities have characterised this so-called popular consultation. In these circumstances, it is obvious that the Lithuanian Government could not recognise any authority emanating from a Diet elected in such a manner, and could still less enter upon any negotiations whatever with such a power. Moreover, the Lithuanian Government still continues to consider the Vilna question as a quarrel which has sprung up between the two States, Lithuanian and Polish. It is with the Polish Government that it proposes to re-open direct negotiations. As for the will of the Vilna population, it can be taken into account in the course of the negotiations contemplated, but on the express condition of being manifested in forms considered regular by both Governments. 50 The Polish Government will easily comprehend that the re-opening of direct negotiations pre-supposes, in all equity, the re-establishment of the status quo in the Vilna region, violated by the coup de force of its rebel General Zeligowski, the very day after the signature of the agreement of Suvalki. This agreement traced a demarcation line between the Lithuanian and Polish troops, passing south of the town of Vilna to Bastuny, and which was to be prolonged from there by a special agreement between the two Governments. In case the Polish Government, therefore, should share the Lithuanian Government's sincere desire to come to an understanding, the Lithuanian Government waits for the Polish Government to withdraw its troops and its administration from the territory north of the line laid down by the Treaty of Suvalki. In addressing this appeal to the Polish Government, the Lithuanian Government takes heart from the words of H.E. President Hymans recalling that " fact does not constitute right " and from the obvious interest which the parties in litigation, and humanity as a whole, have in the solution of the Polish-Lithuanian question according to the principles of justice and equity. The Lithuanian Government would be happy if the Polish Government would kindly let it have as soon as possible, a reply to the present proposal of direct negotiations. Please accept, Your Excellency, the assurance of my highest consideration. V. Jurgutis, No. 164. Minister for Foreign Affairs. (2) Reply from the Polish Minister for Foreign Affairs, 30th January, 1922. His Excellency Monsieur Jurgutis, Minister for Foreign Affairs, Kovno. Monsieur le Ministre, The Polish Government has at all times earnestly desired and still desires to establish as soon as possible friendly and neighbourly relations between the two Republics of Poland and Lithuania. It is, therefore, with the liveliest satisfaction that it has taken note of the proposal contained in the telegram from your Excellency, dated 27th January, with a view to the resumption of direct Polish- Lithuanian negotiations. This proposal merely corresponds entirely with the constant and frequently expressed views of the Polish Government, which has long been conscious of the necessity for an entente between the two neighbouring States. From this disposition of the Polish Government and on its initiative resulted the direct negotiations which took place at Warsaw in December, 1920, with the representa- tives of the Lithuanian Government. On this occasion the Polish Government gave proof of the best intentions by declaring itself ready to continue the negotiations at Kovno. Finally during the negotiations which were held at the Brussels Conference, the Polish Government submitted fresh concrete proposals for the pupose of establishing regular and friendly relations between the two countries as soon as possible. These proposals tended inter alia to inaugurate without delay, diplomatic, consular and economic relations. The above mentioned proposals of the Polish Government met with support and confirmation in the recommendation of the Council of the League of Nations contained in its resolution of the 28th June, requiring the two States immediately to re-establish consular relations and to study suitable measures for the re-establishment of free communication between the Vilna region and neighbouring regions. The same recommendation is renewed in the final resolution of the Council of the League of Nations of 13th January last, a resolution which contained besides a passage in favour of the Polish minorities in the Lithuanian State. This resolution was the first accepted in its entirety by the Polish Government. It is, therefore, with a satisfaction all the greater that the Polish Government takes note of the tenor of your Excellency's telegram relative to {he proposal to begin direct negotiations with a view to establishing reciprocal relations between the two neighbouring States. On its part it declares itself ready to enter immediately into pourparlers on this subject at either Warsaw or Kovno. At the same time the Polish Government regrets the necessity of protesting most strongly against the passage in your Excellency's telegram in which objections are formulated with regard to the Vilna Diet. Desirous of avoiding any inopportune polemic on this subject calculated to divert the attention of the two Governments from the true tenor of your telegram, i.e., collaboration with a 5i view to re-establishing good neighbourly relations, the Polish Government contents itself with categorically affirming that the objections raised against the elections for the Vilna Diet are devoid of all foundation. It declares in particular as a manifest truth that these elections are in no sense the work of the Polish Government, but clearly that of the local population, and that they cannot be considered as other than the free expression of the will of this population, considering that of the total electorate more than 64 per cent, took part in the vote under conditions of indisputable legality. The Polish Government at the same time declares that, while recognising the legal validity of the Vilna elections and consequently ascribing the same legal value to the Diet to which they have given rise, it will not fail to take into consideration the deliberations of this Diet, without prejudging their tenor. Reverting to the principal and guiding idea of your Excellency's telegram, I have the honour to declare that the Polish Government considers the immediate regulation of good neighbourly relations between Poland and Lithuania upon a basis of the absolute equality of the two States a question as ripe as it is urgent. It is of the opinion that diplomatic and consular relations, the regime of passports and communications, questions of navigation, postal, telegraphic, commercial and customs relations between Poland and Lithuania can and should be settled without delay. The Polish Government is ready from now to enter into negotiations with a view to concluding an understanding extending to all the foregoing questions, including a commercial treaty. The Polish Government is persuaded that by satisfying in this manner the vital needs of the inhabitants of the two countries an entente of the two nations and the two neighbouring States would be achieved in the most effective and speedy way. The Polish Government awaits the reply of the Lithuanian Government as to the time and place, as also the programme, of the aforesaid negotiations. I beg you to accept, Monsieur le Ministre, the assurance of my highest consideration. (Sgd.) Skirmunt, Minister for Foreign Affairs. Warsaw, 30^ January, 1922. (3) Note from the Lithuanian Minister for Foreign Affairs, 20th February, 1922. His Excellency, Monsieur Skirmunt, Minister for Foreign Affairs, Warsaw. Monsieur le Ministre, Regretting the failure of the negotiations conducted under the auspices of the Council of the League of Nations, the Lithuanian Government has deemed it its duty to make a fresh effort with a view to arriving at a pacific solution of its conflict with Poland, and this notwithstanding the persecutions and bad treatment from which the Lithuanian element of Vilna has had to suffer, above all latterly, from the Polish authorities. It was guided by this spirit of conciliation that the Lithuanian Government, in its Note of 27th January this year, proposed to the Polish Government to enter with it into direct negotiations comprising both the Vilna question and the future relations between the two States; the opening of these negotiations was, however, made dependent upon the re-establishment of the status quo in the Vilna region violated by the coup deforce of the Polish General Zeligowski, as also the preliminary evacuation by the troops of the Polish administration of the territory situated to the north of the line provided by the Suvalki Treaty. This attitude of the Lithuanian Government was based upon the text itself of the Lithuanian- Polish engagement of Suvalki of 7th October, 1920. Chapter V. of this agreement declares in effect : " The present agreement .... remains in force till all litigious questions between the Poles and the Lithuanians shall be definitely settled." If Lithuania, in a spirit of conciliation and in deference to the authority of the League of Nations, took part at Brussels in negotiations on general relations between the two States, without the violation of the Suvalki agreement having been previously repaired, she nevertheless expressly reserved her right to revert to this agreement in case the above-mentioned pourparlers should be excessively prolonged. And since it became evident that the Polish Government was wholly unable to appreciate the great sacrifices accepted by Lithuania in the cause of peace, the Lithuanian Government has not ceased to demand at Brussels, as well as at Geneva, the immediate and integral execution of the Suvalki agreement as a preliminary condition of 52 all ulterior negotiations. Finally, the procedure of conciliation instituted by the League of Nations having been closed by the decision of the Council of 13th January, 1922, the Suvalki Treaty became again the sole international act determining the juridical relations between the two States. It was on this ground that the Lithuanian Government took its stand on 27th January, 1922, when subordinating its proposal for direct negotiations to the preliminary re-establishment of the status quo violated by Poland. In its reply of 30th January, the Polish Government, unfortunately, did not wish to consider the Lithuanian proposal in its true aspect, and confined itself to giving its consent to negotiations on the regulation of relations of good neighbourhood between the two States without expressing itself on the subject of the territorial conflict and the two conditions submitted by the Lithuanian Government for the opening of negotiations. This evasive reply compelled the Lithuanian Government to renew in its note of 3rd February the proposal of 27th January and demand a response to the whole of the latter, and notably to the two questions concerning the conditions laid down for the opening of pourparlers. At the same time, it declared to the Polish Government that it would regard a negative reply to these questions as a refusal on its part to enter with it into direct negotiations. In its last note of 7th February, the Polish Government considered itself able to couch its negative reply in a very unusual form when it declared, with regard to the conditions laid down by the Lithuanian Government for the opening of the negotiations, that the latter " could not itself seriously regard them as admissible." The Polish Government, at the same time, expressed the opinion that it was necessary, first of all, to regulate between the two Governments practical questions of common interest capable of leading to a reciprocal rapprochement. And your Excellency has been good enough to explain that it was guided by this primordial consideration that you have sought in your note of 30th January to avoid the discussion of any subject capable of placing obstacles in the way of the opening of negotiations. Strong in the right conferred upon it by Chapter V. of the Suvalki Treaty, the Lithuanian Government might dispense with the discussion of the gist of the Polish note of 7th February. It would, however, reproach itself for leaving without reply the " primordial consideration " which is mentioned therein, and the justice of which it contests. On the contrary, it regards the solution of the Lithuanian-Polish territorial conflict as the most practical means capable of bringing about a rapprochement advantageous to both countries. It considers, moreover, that no serious negotiations on relations of good neighbourhood could be usefully contemplated before the fixation of the frontiers between the two States, an indispensable basis for the establishment of such relations. Nor could it any more renounce the conditions for the opening of pourparlers formulated in its note of 27th January, conditions which it maintains not only as " admissible " but as indispensable. Consequently, referring to its note of 3rd February, the Lithuanian Government must regretfully declare to the Polish Government that it considers the note of 7th February as a refusal to enter with it into direct negotiations. The last exchange of notes between the two Governments has but strengthened the conviction of the Lithuanian Government that good relations between the two neighbouring countries, so necessary for the maintenance of peace in Eastern Europe, could be established only on condition of the preliminary reparation of the rupture of the international engagement of Suvalki. Poland having refused to make good this violation of international law, both during the negotiations under the auspices of the Council of the League of Nations and in the course of her last correspondence with the Lithuanian Government, there remains for the latter but one issue, and that is recourse to justice. Poland and Lithuania have both ratified the protocol of signature of the Statute of the Permanent Court of International Jutsice. Lithuania, moreover, signed and ratified the discretionary declaration provided in paragraph 2 of Article 36 of the Statute of the Court, and has recognised as obligatory, intrinsically and without special convention, vis-a-vis any other member or State accepting the same obligation, the jurisdiction of the Court in four categories of disputes of a legal nature, the two last of which have as their object : (c) The reality of any fact which, if it were established, would constitute the violation of an international engagement ; (d) The nature or extent of the reparation due for the rupture of an international engagement. It is on the basis of points (c) and (d) of paragraph 2 of Article 36 of the Statute, that Lithuania proposes to Poland to submit the solution of the following questions to the decision of the Permanent Court of International Justice : — • (1) The reality of the fact of the rupture by Poland of the Lithuanian-Polish engagement concluded on 7th October, 1920, at Suvalki ; and, in case the Court should give an affirmative reply to this first question, (2) The nature and extent of the reparation due by Poland for the rupture of this international engagement. 53 The Lithuanian Government in no way overlooks the fact that the Polish Government has not hitherto made the declaration provided in paragraph 2 of Article 36 of the Statute, and that it consequently has the option of declining the proposal to submit the dispute as to the rupture of the Suvalki engagement to the jurisdiction of the Permanent Court of International Justice. The Lithuanian Government is, nevertheless, persuaded that the Polish Government will not fall back upon the absence of a formal obligation to submit this dispute to international justice. On the contrary, the Lithuanian Government is convinced that the Polish Government will hasten to accept its offer and that, conjointly with the Lithuanian Government, it will be happy to bring to the new Court a first proof of this confidence to which the latter is entitled on the part of all the nations which have freely constituted it. In expressing this conviction, the Lithuanian Government is inspired by the memorable words pronounced on 13th December, 1920, at the first Assembly of the League of Nations, a few moments before the vote on the Statute of the Court, by Monsieur Leon Bourgeois, the illustrious representative of France : " For the first time a tribunal will be set up, an independent tribunal, exterior to any political consideration, with judges chosen under conditions of impartiality and of justice so that no influence can insinuate itself in their choice, composed of the most authorised, the most respected men the moral value of whom will be incontestable, owing to the impartial fashion in which they have been selected." This impartial Court has been installed, and it is ready " to tell the right to the world." It is to this that the Lithuanian Government proposes to the Polish Government to submit, by common accord, the difference relative to the rupture of the Suvalki Convention. I venture to hope, Monsieur le Ministre, that the Polish Government will appreciate the spirit of conciliation which has guided the present proposal and that it will be good enough to give as soon as possible a reply permitting the submission, without delay, of the settlement of the aforesaid difference to the highest judicial instance of the civilised world. I beg your Excellency to accept the assurances of my very high consideration. V. Jurgutis, Minister for Foreign Affairs of the Republic of Lithuania. Kaunas, 20th February, 1922. (4) Reply from the Polish Minister of Foreign Affairs, 15th March, 1922. Ministry of Foreign Affairs, Kovno. Learning with regret that the last note of the 23rd February, which was addressed to you on the 28th February, did not reach you, I have the honour to repeat the wording thereof : — Monsieur le Ministre, The Polish Government has pursued for a month, with the greatest attention and the best will, an exchange of notes with the Lithuanian Government, with a view to the beginning without delay of direct negotiations, on a footing of complete equality, on the subject of a series of concrete problems, both pressing and vital, relative to the establishment, in the interests of the populations of both States, of permanent ties between them, and of a regular good neighbourly understanding. Unhappily, the Polish Government can only conclude from your Excellency's telegrams, that the Lithuanian Government sees in this correspondence far less a means of attaining the afore- mentioned end — so advantageous and necessary — than an occasion for returning to the method of unending and fruitless discussion. This impression is produced particularly by your Excellency's last telegram of the 20th February, the current month, as much by the exposition of motives as by its conclusions. The telegram consists, above all, of a new assembling of accusations directed against Poland and already invoked on different occasions before the League of Nations by the Lithuanian repre- sentatives, regarding a pretended violation of international engagements by the Polish Government. Actually to raise grievances on account of the military agreement of Suvalki, which at one time, when a state of war prevailed, traced a provisional demarcation line between two armies, is a very arbitrary thing to do, as it obviously issues from the fact that your Excellency abstains from mentioning in your note an ulterior " military " agreement concluded at Kovno, modifying the agreement of Suvalki. K 2 54 On this abstention is based the claim of the Lithuanian Government, envisaging a return to the demarcation line of the 6th October, 1920, instead of that of the 29th November, 1920, although this latter rests upon a mutual agreement concluded under the auspices of the Commission of Control of the League of Nations and although it has been respected by both parties for more than a year. Thus, I find myself obliged to emphasise with the greatest insistence the fact that the veritable origin of the Polono-Lithuanian dispute consists in the unprecedented act by which the Lithuanian Government violated, in the course of the summer of 1920, the most elementary principles of inter- national law when, finding themselves at peace with Poland, they did not hesitate to profit from the critical situation resulting for her from a war with a third party — Soviet Russia — and to come to an agreement with that third party to occupy the Vilna territory with its concurrence, the Vilna territory, freed for more than a year by the Polish authorities, with the consent and for the greater good of the local population. Nevertheless, even though it would be excusable, in view of what has gone before, for the Polish Government to indulge in recrimination, it thinks it better to follow the way which might lead in the near future to a salutary improvement in the reciprocal relations between the two States, without staying to investigate vainly anything regrettable which has occurred in the past. In so far as the conclusions contained in your Excellency's telegrams are concerned — counter to the guiding idea of our present correspondence, which envisages a direct and friendly understanding between the two Governments — they amount to the re-adoption of the procedure which would consist in submitting the difference to a third party, this time to the Permanent Court of International Justice. This proposition constrains me, against myself, once more to glance back on the past and to recall that in September, 1920, during the Polono-Russian war, the Polish Government, taken unawares before the invasion of the Suvalki and Vilna territories by the Lithuanian troops, gave a striking proof of its spirit of conciliation by appealing to the League of Nations, that high inter- national authority, which up to the present moment, for more than a year and a half, has concerned itself with a deep examination of the Polish-Lithuanian dispute. In conformity with the wishes of the League of Nations, the Polish Government has consented not only to the popular consultation advocated by it, but also to the Brussels Conference under the auspices of the League of Nations. However, the Lithuanian Government has rejected the project of consultation this time, and by its irre- concileable attitude, indeed, even by the withdrawal of points already conceded, it has caused the work of the League of Nations to fail. In these circumstances, the proposition of your Excellency to return to the primary point of departure, and to address yourself this time to the Permanent Court of International Justice, for which it may be added, the Polish Government cherishes sentiments of confidence and profound respect, is not founded in right. But it is unacceptable to the Polish Government above all from the fact that the attempts of the Lithuanian Government to go back in this matter are at the moment deprived of any real foundation, and have lost all reality, having been outstripped by events. In effect, from the moment that the procedure instituted before the League of Nations closed, it has been necessary to appeal to the supreme principle of the self-determination of peoples, in the faith in which the Vilna Diet has definitely pronounced, in the name of the population of the Vilna territory, in favour of its reunion with Poland. The sincerity and loyalty of the Polish Government's attitude towards the Lithuanian Govern- ment consists above all in its strong wish to attain positive results in the way of agreement. Also, it is contrary to the wish of the Polish Government to engage in polemics which, instead of calming resentment, only revive it. It is in this spirit that I have to declare categorically that the Polish Government cannot continue this discussion in the future. The Polish Government believes in the future reconciliation of our two nations, and in the satisfactory arrangement of their reciprocal neighbourly relations. Only a direct agreement on all the series of questions set forth in my note of the 2nd February, the current month, appears to it as likely to lead to this end. Once more I have the honour to proclaim, in the name of the Polish Government, its full and entire consent to the idea of engaging without delay, and leading to a successful conclusion in the most conciliatory spirit, in direct negotiations, with the aim of renewing normal and regular relations between the two states. I am convinced that your Excellency and the Lithuanian Government would not wish to assume the grave responsibility of replying by a refusal to this conciliatory proposition. Please accept, Monsieur le Ministre, the assurances of my very high regard. Skirmunt. Warsaw, 15th March, 1922. 55 II. — Documents concerning the so-called Vilna Elections, (i) Declaration by General Zeligowski's successor, Meysztowicz, to the Vilna Population. To the Inhabitants of Towns and Villages ! To-day we are passing through painful moments. General Zeligowski, who liberated the country from an alien invasion and through his just and impartial adminstration has won the sympathies of the entire population, is leaving us. The General's services are great ; equally great is the gratitude which he enjoys, and his withdrawal will evoke anxiety and alarm. But besides gratitude, General Zeligowski enjoys the absolute trust of the population, and it understands that the General is leaving not from personal considerations, but having in view the future of the country, and after carefully weighing what he is doing. Do not fear for the safety of your frontiers, because, although the General is leaving, there remain here the able troops which he commanded. And there, remain not Jar away the valiant Polish troops. Every incursion of our foes will be shattered against their bayonets. Do not be concerned for the future, which depends upon your will. The General has made arrangements for the convocation of the Seim. The Seim will soon assemble and decide the fate of the country. The General's withdrawal will protect the Seim from the suspicion that it is acting under his pressure, and only such a Seim will be able to prove to the world that the General, as a loyal son of his native land, obeyed her voice and acted in accordance with the will of the country. I am accepting the administration from General Zeligowski's hands and in conformity with his will. I shall observe the laws which are alike for all. I shall provide for impartial elections for the entire population. I shall defend it from any pressure, both from without and from within. I shall preserve tranquillity and order. I shall not permit the elections for the Seim to be rendered nugatory. I understand how great is the responsibility that has been imposed upon me by the General. But I know that the love of native land which distinguishes our people will be their guide. I am assuming the administration with good hope for the future and with trust in the mercy of God and of her who for so many centuries has shone upon us from the Ostra Brama. (Sealed) Meysztowicz. December ist, 1921. ^ (Seal) City Hall of Vilna. (2) Reply of the Vilna Lithuanian Committee to the Polish Proposal to Participate in the Vilna Elections. To L. Grabovski, Chairman of the Vilna Electoral Committee, Mickevicius Street, No. 36. In reply to your communication No. 13, of December 3rd, 1921, in which you ask that the Vilna Lithuanian Committee should furnish you with a list of candidates for the electoral commissions, the Committee reports that it cannot fulfil your request for the following reasons : — 1. The Vilna Lithuanian Committee is elected by the organised body of Vilna Lithuanians to represent and protect its interests ; it functions by carrying out its regulations and cannot participate in work which would injure its interests. 2. Hitherto the three years Polish administration of Vilna region has shown that, even while under the necessity of placating the inhabitants before uniting the region with Poland, the Polish authorities and the organised portion of local and non-local Polish public, sometimes more terribly than our ancient tormentors, are oppressing and persecuting the Lithuanians, their public and private life, the clergy, schools, newspapers, commercial and industrial institutions and associations, openly evincing their desire to eradicate everything Lithuanian in Vilna. 3. The Vilna Seim is organised by the Polish public so that, availing itself of its powers of occupation and a monopoly of political activity, it can force the Vilna region to attach itself to Poland and eventually Polonise it. 4. With this object, for some time past the Vilna region has been prepared by agitators brought in from Poland and by money sent from there, while not only is the greatest care taken that no worker of independent Lithuania shall arrive in Vilna, to act for the benefit of Lithuania, but even the Lithuanian workers of Vilna itself are oppressed and persecuted. 56 5. Meanwhile, having destroyed Lithuanian institutions and powers and taken over all the work of agitation, the Polish administration in Vilna holds in its hands all the electoral machinery and the reins of control, and is ceaselessly persecuting the Lithuanians till the last moment. 6. Under such conditions the promised " freedom " of election will be illusory; the so-called Seim will only reflect the views of a minority of the public, incited by Polish agitators ; it will retard the restoration of Vilna to independent Lithuania from which the Poles wish to detach it; and thereby still further aggravate the position of the Lithuanians of Lithuania and especially of Vilna. 7. Guided by the foregoing considerations, the Lithuanian public of Vilna, not wishing to transgress in the eyes of their people and native land, will not participate in the elections for such a Seim, and the Vilna Lithuanian Committee will carry out their will and not adhere to these elections. (Signed) Chairman of Lithuanian Vilna Committee, M. Birziska, Members : K. Cibiras. B. Birziskiene. Rev. I. Kukta. S. Jackevicius. K. Stusas. Vilna, yth December, 1921. Secretary : Dr. Augevicius. (2b) White Russian Declaration on the Vilna Elections. The White Russian National Council adopted the following resolution : — Taking into consideration — (1) That Polish White Russia is split up artificially into Polish territory and Central Lithuanian territory. (2) That in the Polish-Lithuanian dispute White Russian opinion is not taken into consideration. (3) That the entire power is in the hands of the Poles only. (4) That the functions of the Seim are not officially defined. (5) That the Poles are carrying on a policy of dividing up White Russia. (6) That, after three years' oppression, it is obvious that impartial elections cannot be carried out, especially in conditions where electoral liberty is absent. The White Russian National Committee herewith declare that their participation would be possible only if the elections were exercised by all nationalities and in all the White Russian territory occupied by Poland. (2c) Declaration of the Jewish Organisations with reference to the Vilna Elections. The undersigned Jewish political parties and organisations herewith declare : — (1) The Jews, as citizens of this district, and being connected with this district by unbreakable ties, and who are, together with the other citizens, interested in the development and reconstruction of the country, would esteem it their duty to participate in a legislative assembly which would be summoned on a democratic basis, and which would have as its purpose to regulate the internal life of the district (to create the necessary legislative norms and further the realisation of such rights as belong to representative bodies). (2) The Jews would consider it their duty to participate in the plebiscite which would solve the question as to which State this district should belong, under the condition that the necessary circumstances should be created which could guarantee the just fulfilment of the plebiscite. (3) With reference to the Seim which it is contemplated to elect provisionally, the Jews could decide whether they would participate after the publication of a special decree which would define the competence and problems of the Seim. (Sgd.) Zionist Party. Jews' Democratic Party. Jewish Merchants' Union. General Jewish Trade Union. Young Zionists. 12th December, 1922. 57 (3) Report by the President o! the Military Commission of Control of the League of Nations. Geneva, 20th March, 1922. The elections to the Diet of Vilna took place on January 8th, 1922. The territory in which they were held corresponds approximately to the disputed area between the present neutral zone and the frontier established by the Treaty of July 12th, 1920 (exclusive of Grodno and the district of Volozyn). This territory includes : (1) The territory known as Central Lithuania, administered by the Provisional Commission of the Government of Vilna (the districts of Vilna, Swienciany, Troki and Oszmiana) ; (2) The district of Lida on the right bank of the Niemen and the district of Braslaw, which are under the administration of the Polish Republic and which took part in the elections on January 8th by virtue ot the decision of the Diet of Warsaw of November 17th, 1921. The electoral area was divided into ten constituencies : Swienciany, Komaje, Oszmiana, Troki, Vilna-North, Vilna-South, Vilna-Town, Lida, Wasiliski and Braslaw. It includes a population of some 750,000 inhabitants, of which 385,000 (53 %) were registered on the electoral rolls. January 8th was a fine cold winter's day and the snow-covered roads were in excellent condition for sleighing ; the weather conditions might indeed be said to have been quite perfect, affording every facility to the electors to proceed to the polls. The Lithuanian Committee, the various Jewish groups and the National White-Russian Committee, in conformity with their previous declarations, took no part in the elections and therefore presented no lists of candidates. Speaking generally — although a limited number of Lithuanian electors in the country districts appeared at the polls for special reasons — it may be said that the majority of the Lithuanian population of the region of Vilna abstained from voting. The Jews of the town of Vilna, also, almost entirely abstained from voting. In the country districts, particularly in the settlements where the Jews live in small groups and are in close contact with the rest of the population (of which they constitute the commercial element), a certain number of Jews voted in order not to appear conspicuous to their fellow-citizens and to avoid compromising their position. The White-Russian Committee of M. Aleksiuk, which was favoured officially, only submitted a list in two electoral districts, i.e., Oszmiana and Komaje. No candidate figuring on either of these two lists was elected, so that the Diet of Vilna contains no White- Russian deputy. This fact is significant : it shows on the one hand that the White Russians had no confidence in M. Aleksiuk's candidates because of their close relations with the Polish authorities and, on the other, that the independent White Russians refused to take part in the elections. It would, nevertheless, be wrong to conclude that the White Russians boycotted the elections ; many of them, particularly Catholics, voted for the Polish lists, influenced by the promise of agrarian reforms and by the propaganda of the Polish priests. According to the accounts published by the Polish Press, 63 per cent, of the registered electors took part in the elections. Of the 106 seats comprising the Diet of Vilna, the National Democrats won 43 ; the popular National Councils 34 ; the Populists 13 ; the Democrats 4 ; the Radicals 9, and the Socialists 3. The Diet of Vilna is thus composed exclusively of Polish deputies, in spite of the mixed character of the population of the region. It is impossible to give a precise opinion on the value of these elections, but there seem grounds for asserting that the limited number of votes cast by the Lithuanians and the Jews and the larger number cast by the White Russians merely served to increase the number of voters without having any political significance, or any moral value. The following points are also worthy of notice : 1. The commissions entrusted with the organisation and management of the elections were composed almost exclusively of Poles : 2. The voters appeared at the polls without cards of identity or certified documents of any kind. The voter had merely to mention a name on the list and he was able to register his vote. The control of the elections was thus entirely in the hands of the interested party. As the Lithuanians and Jews and a large proportion of the White Russians officially abstained from taking part in the elections, and that, moreover, the elections were carried out under military occupation, where the Polish element had all the governmental machinery at its disposal, it would seem impossible to regard the present Diet of Vilna as the real and sincere expression of the whole population of the electoral territory. (Signed) Colonel Chardigny, Dr. Lassitch, President of the Military Commission of Control Secretary. of the League of Nations. 5& III. Documents Concerning the Rights of National Minorities in Lithuania. (i) Provisions of the Constitution of the Lithuanian Republic regarding the rights of National Minorities in Lithuania. Art. J3, Chapter VII. — National minorities of citizens, who form a considerable portion of the body of citizens, have the right, within the limits of the laws, autonomously to administer their national cultural affairs — popular education, charity, mutual aid — and for these needs, in accordance with the law, elect representative organs. Art. 74. — The national minorities mentioned in Art. 73 have the right, on the basis of special laws, to levy taxes upon their members for national cultural needs, and make use of a suitable proportion of the amounts which are assigned by the State and self-administrations for educational and charitable requirements, if the general State and self-administrative institutions do not satisfy these requirements. (2) Declaration of the Jewish Group of the Lithuanian Constituent Assembly after the adoption of the Lithuanian Constitution by the Assembly. " Taking into consideration that, since the beginning of the regeneration of the Lithuanian State, it has made serious efforts to realise in the State the principle of national autonomy, and that thereby great interest has been evoked in this new method of solution of the national question not only among those sections in Lithuania directly interested, but also beyond its boundaries, and taking into account more particularly the special interest in Jewish autonomy entertained by the Jewish community of the entire world, the Jewish group in the Lithuanian Seim deems it essential, after the principles of national autonomy have received the sanction of the Lithuanian Constitution, to declare with satisfaction that the adopted articles of the Constitution concerning national minorities in Lithuania furnish a juridical basis for those actual results of Jewish national autonomy which the Jews in Lithuania have hitherto established, and afford an opportunity for their further development. The Jews of Lithuania, therefore, believing in the future of the Lithuanian State and people, are convinced that the realised principles of national autonomy will help to unite all nationalities into a single strong family of citizens, and they entertain the hope that the created form of autonomous national life of national minorities in Lithuania will pave a new path for the amicable cohabitation of the peoples of the world." This declaration bears the signatures of Messrs. M. Soloveicikas, S. Rozenbaumas, A. Popelis, Rachmailevicius, Finkelsteinas, and Landau. IV. — Documents relating to the de jure recognition of Lithuania by the Great Powers. (1) Communication of the Council of Ambassadors to the Lithuanian Government. Paris, Le President. 13//2 July, 1922. Monsieur le President, The undersigned, representing the Governments of France, Great Britain, Italy and Japan, at the Conference of Ambassadors, and properly authorised to that effect, have the honour to inform you that the aforesaid Governments have decided to recognise de jure the Lithuanian Government, on condition that the latter pledges itself to accept purely and simply and to observe the arrange- ments of the Treaty of Versailles in so far as they concern the regime of navigation on the Niemen, and, through the present communication, declare the said Government recognized de jure on the above-mentioned conditions. The present recognition will come into effect from the day of the acknowledgment containing the engagement herein indicated, which the undersigned beg you to address in the name of the Lithuanian Government to the President of the Conference of Ambassadors. I beg you, Mr. President, to accept the assurance of our high consideration. (Signed) Poincare. Hardinge of Penshurst. Monsieur 0. V. de Milosz, C. Sforza. President of the Lithuanian Delegation, K. Ishii. Paris. 59 (2) Lithuanian Government's Acceptance of the Conditions of the Council of Ambassadors. 18325 Kaunas, Lithuanian Ministry for Foreign Affairs. 4th August, 1922. Mr. President, The Lithuanian Government has taken cognisance with the liveliest satisfaction of the Note ot the Ambassadors' Conference notifying it of the decision of the Governments of France, Great Britain, Italy, and Japan to recognise the Lithuanian Government de jure. With regard to the conditions to which the Conference has deemed it necessary to subordinate this recognition, I have the honour to declare the following : — The Lithuanian Government, which has signed the Convention and Statute of Barcelona, on the regime of navigable ways of international interest, is impressed by the necessity for freedom of navigation and equality of flags on these waterways. It also pledges itself to accept, purely and simply, and to observe the arrangements ol the Versailles Treaty in so tar as they concern the system of navigation on the Niemen. The aforesaid arrangements ot the Versailles Treaty being applicable only to times of peace, the Lithuanian Government will not tail to conform thereto as soon as Poland who, notwithstanding her solemn engagements towards Lithuania, at present holds Lithuanian territories, shall have honoured her signature and shall thus have permitted Lithuania to establish amicable relations with her and to open the Niemen to tree navigation. At the same time the Lithuanian Government is convinced that, after its recognition de jure, the Allied and Associated Powers will no longer see any obstacle to the reunion ot the Memel territory to Lithuania. The Lithuanian Government gratefully recalls the reply ot the Powers to the German Delegation at the Peace Conference, of 16th June, 1919, declaring that " the region in question has always been Lithuanian," and that " Memel and the adjoining region would be handed over to the Allied and Associated Powers because the status of Lithuanian territory is not yet determined." As this determination must be deemed effected by the de jure recognition of the Lithuanian Govern- ment, the latter hopes that the Allied and Associated Powers will be good enough to adopt a decision regarding the transfer to Lithuania of all rights and titles to the Memel territories which they hold by virtue of Article 99 of the Versailles Treaty. Please accept, Mr. President, the assurance of my highest consideration. * (Signed) V. Jurgutis, His Excellency, Minister for Foreign Affairs of the Republic of Lithuania. Mons. Raymond Poincare, President of the Ambassadors' Council, Paris. V. — Polish Outrages in the Vilna Region. Petition submitted by the Representatives of the Village Communes of the Vilna District to the Government of Lithuania and the Representatives of Foreign Powers in Kovno. His Excellency, The President of the Lithuanian Republic. On 25th July, 1922, we, the undersigned delegates from the communes of Vilna and Grodno districts, under Polish occupation, beg you to bring the following to the knowledge of the foreign States and the League of Nations ; and beg them as soon as possible to appoint an international commission to investigate the manner in which the Polish occupants are oppressing, deriding and torturing the parents and relatives of those young persons who do not recognise the occupants, who did not participate in the elections for the " Vilna Seim," and who, not wishing to serve in the Polish army, are hiding in the forests : — (1) They attach to the victim's leg a board which they strike with a hammer till blood begins to flow from the sufferer's nose and ears ; he is subsequently thrown down and dogs are set on him. (Vide examples taken from Mrs. Ward Beecher Stowe's " Uncle Tom's Cabin.") They treated in this manner Dmitri Budko, an elder of Berstai village, Grodno district. (2) The victim's body is slashed, the wound rubbed with salt, and he is afterwards baited with dogs. In this manner was treated Vladimir Wasilevicius, whose brother refused to serve in the Polish army. (Berstai village, Grodno district.) (3) A heated ramrod is thrust into the leg. They treated thus Juozas Sergeicikas, 47 years old, on account of his son, a partisan. (Berstai, Grodno district.) (4) Beaten and hung by the legs for two hours. (V. Voronko, an elder of Berstai village.) (5) Pregnant mother beaten on account of her son, and gave birth prematurely. (Mare Sestaviekiene, 38 years old, Berstai, Grodno district.) 6o (6) Beaten and baited with dogs. (Alexandra Garski, of Sukarai village, Berstai commune, Grodno district.) (7) Gendarmes beat Tomas Scesnulevicius of Marcinkoniai village, because he would not allow the gendarmes to pasture horses in his fields. (8) They almost beat to death pregnant mother and her old father of 78, Edward Aksenas, of Kroksliai village, Rodune commune, because her husband would not voluntarily join the Polish army. (9) They beat Vasili Dobrovolski, because his brother did not join the Polish army (Obruciai village, Ostronai commune, Lyda district.) (10) They beat Vasili Krusicas and his son, because the latter did not join the Polish army and hid in the forest. (n) Because Jonas Brykac did not wish to join the Polish army and hid in the forest, they beat his father and neighbours almost to death and looted all their belongings. The prisons are packed with residents of the occupied region. Generally speaking, all the inhabitants of Grodno, Lyda, and Troki districts are most cruelly tormented and their property is looted. Gendarmes and soldiers have wholly plundered the following villages of Troki district : — Marcinkonye, Lipica, Sumai, Kroksliai, Kabeliai, Darzeliai, Margeviciai, Kapeninkiai, etc. The following villages of Lyda district have been plundered : — Zeniakai, Aliskauciai, Naujadvaris, Ostrina, Obrucai, Ribokai, and others. Also Berstai, Sukarai and an entire series of other villages of Grodno district. The facts noted only partially depict Polish violence and are a small portion of what the Polish occupants are doing with the suffering inhabitants of Vilna and Grodno regions. The signatures of 37 delegates are attached to this memorial, from the Berstai, Verceliskiai, Gozoniai, Skidelis, Losoniai, Indura, and Porece communes of Grodno district; the Marcinkoniai, Rodune, Naujadvaris, Sobokinis, Ostriniai, Rezauka and Sicinas communes of Vilna district; and the Melagenai and Tvereciai communes of the Svencioniai district. IV. SECOND PROJECT FOR THE SETTLE- MENT OF THE POLISH-LITHUANIAN DISPUTE, PRESENTED BY H. E. M. PAUL HYMANS. Art. 1. — Poland and Lithuania mutually recognise their independence and their sove- reignty. Both States recognise that they have common interests which render necessary the establishment of a system of mutual co-operation based on special conventions and on the creation of permanent liaison organisations. COUNTER-PROJECT PROPOSED BY THE LITHUANIAN DELEGATION. SEPT. 12, 1921. Preamble. Lithuania and Poland, recognising that they have common interests which render necessary the establishment of a mutual system of co-operation based on special conventions, have agreed as follows : — Art. 1. — Poland and Lithuania mutually recognise their independence as well as all the legal consequences which arise therefrom. Remarks. — Paragraph 2 of this Article being in the nature of a declaration, it seemed preferable to put it into the form of a preamble. Art. 2. — The frontier between Poland and Art. 2. — The frontier between Poland and the Lithuanian State shall follow the Curzon the Lithuanian State shall follow the second Line as far as the Niemen ; thence it shall follow the Niemen as far as Druzkeniki, then a line Druzkeniki Stora-Ruda, Jeziory, re- joining the Niemen near Vol a; thence it shall follow the Niemen as far as its confluence with the Beresina, then a line N.W., rejoining the Russian frontier as fixed in the Treaty of Riga. {See annexed Map No. 2.) line of demarcation of 27th July 1919 (Marshal Foch's Line) as far as its junction with the line fixed by the Supreme Council on 8th December 1919 (Curzon Line) ; thence it shall follow this line as far as Svisloch and from there along the line of the Treaty of Moscow, as far as the Beresina; thence eastwards as far as the frontiers fixed in the Treaty of Riga; finally, along that frontier as far as the Latvian frontier. 6i Remarks. — The frontier line proposed by the Lithuanian Delegation differs from that proposed in M. Hymans' scheme only in the district between Vola and the Prussian frontier. The proposed line follows the first line of demarcation proposed by Marshal Foch, which most nearly conforms to ethnographic, historic and economic principles. Lithuania was not consulted as to her opinion with regard either to the establishment of the so-called Curzon fine or of the fine proposed under the Hymans project. This circumstance may perhaps partly explain the totally unfounded separation from Lithuanian territory of that portion of the Niemen near Grodno (the principal waterway of Lithuania) , and its inclusion within the confines of Poland. Art. 3. — The region of Vilna shall form an autonomous canton within the Lithuanian State. The boundary of this canton shall be drawn so as to divide the present neutral zone into approximately equal parts; it shall pass east of the villages of Gedroitze and Shirvinti, and shall leave the Vilna-Orany Railway to the Canton of Vilna. Art. 3. — The territory of Vilna shall form an autonomous unit within the Lithuanian State. The boundary of this autonomous unit shall be drawn, as far as possible, along the first line of demarcation called Marshal Foch's line (July, 1919), due regard being paid to the desires of the communes involved. Remarks. — The Lithuanian Delegation is of opinion that the concession of the right of autonomy to the territory of Vilna would not be justified by any spirit of local patriotism in the population, which has never been politically separated from the rest of the Lithuanian people. On all the old maps the district of Vilna figures as part of Lithuania proper. The sporadic manifestations of local patriotism out of which the Poles recently made capital, are nothing but the result of the presence in the territory of the Polish military and civil authorities. However, the Lithuanian Delegation, actuated by a conciliatory spirit, consents^to the principle of autonomy, if the general term " autonomous unit " be substituted for the term " autonomous canton " which has been borrowed from Swiss Public Law. As regards the fine of demarcation between the autonomous unit of Vilna and the rest of Lithuania, the Delegation has been anxious to pay due regard to the wishes of the communes involved. Art. 4. — The Canton of Vilna shall be organised on a basis similar to that of the constitution of a Swiss Canton (local executive and legislative institutions, the right to appoint cantonal officials, etc.). Its representation in the Central Diet shall be in proportion to its population. The Central Lithuanian Govern- ment shall have the same powers as regards the Canton of Vilna as the Federal Government at Berne in respect of the Swiss Cantons. The Central Government and the Lithuanian Central Diet shall sit at Vilna. Art. 4. — The territory of Vilna shall be provided with an autonomous Diet, which shall exercise legislative power in the matter of language, education and religion, as well as in questions of local administration, and any other questions which the Constituent Assembly of the Lithuanian State, elected in conformity with the electoral law in force at the time, may refer to it. The inhabitants of the autonomous unit of Vilna shall enjoy a right of priority in various offices in the local administration. The Vilna territory shall send to the Legislative Assembly of the Lithuanian Re- public deputies elected in conformity with the electoral law of the Lithuanian Republic. These deputies, however, will have no vote in the Lithuanian Diet in any legislative matters of the same kind as are attributed to the Diet of the Vilna Territory. 62 Remarks. — Lithuania is prepared to concede a liberal autonomy to the territory of Vilna. But Lithuania would harm her own vital interests by organising that autonomy on a basis analogous to that of the constitution of the Cantons of Switzerland. The historic methods of the Swiss Federation and of the Lithuanian Unitary State, as well as the existing political conditions in the two countries, differ too widely for the delimitation of the public powers in Lithuania and Vilna to be modelled on the system obtaining in the Swiss Confederation and Cantons. In its search for a system of autonomy best suited to the interests of the parties concerned, the Delegation confined itself to the system applied to the relations between the territory of the Ruthenes and the Czecho-Slovak Republic, a system which has the advantage of having been adopted by the Great Powers. (Treaty between the Principal Allied and Associated Powers and Czecho-Slovakia, signed at St. Germain-en-Laye, on ioth September 1919, Chapter II, Articles 11, 12 and 13.) Art. 5. — The army shall be organised on a Art. 5.— Throughout the Lithuanian State basis of regional recruiting, in accordance with the army shall be organised on the basis of a a uniform military law. The units recruited in uniform military law. the Canton of Vilna and those recruited in the remainder of the Lithuanian territory shall not be permitted to leave their recruiting district except in case of war, or unless public order is seriously disturbed, and then only with the authorisation of .the Central Diet; if the latter is not in session, it shall be summoned immediately. The troops of the Canton of Vilna shall be placed under the orders of the High Command appointed by the Lithuanian Central Government. Art. 6. — The Lithuanian and Polish Ian- Art 6. — The Lithuanian language shall be guages shall be official languages throughout the the official language throughout the whole whole Lithuanian State. State. The Polish language may, however, on the request of the Diet of the Vilna territory, be declared the official language within the limits of the above-mentioned autonomous territory of Vilna. Remarks. — The Lithuanian Delegation considers that there cannot be more than one official language in the Lithuanian State. It would, however, have no objection to the introduction of Polish as an official language, as well as Lithuanian, in the territory of Vilna, if the Diet of that territory so decided. It could, however, in no case agree to the introduction of Polish as the official language in the rest of Lithuania where the Polish element hardly exceeds 2 J or 3 per cent, of the population and, moreover, speaks Lithuanian. Art. 7. — All racial minorities throughout Art. 7. — The Lithuanian State shall agree the whole Lithuanian State shall be granted to grant, and to be responsible to the League of the widest guarantees in respect of education, Nations for, the widest guarantees to all racial religion, language and the right of association, minorities in respect of education, religion, Any complaint as to the application of this language and the right of association. Article shall be submitted to the Council of the League of Nations. 63 Remarks. — Lithuania could be responsible for the obligations contained in this Article to the League of Nations alone Art. 8. — In order to ensure co-operation in the foreign policy of the two countries, the two Governments shall each appoint an equal num- ber of representatives who shall form a common Secretariat for Foreign Affairs. The duty of this Secretariat shall be to consider questions of common interest to the two countries, and to prepare a programme of common action. The Secretariat shall draw up a report for periodic conferences of the two Governments. Art. 8. — In order to ensure co-operation in the foreign policies of the two countries, the Polish and Lithuanian Diets shall appoint, in acccordance with the system of proportional representation, two delegations of equal num- bers, elected in such a way as to represent the principal parties. These delegations, sitting together, shall determine by a majority vote what questions are of common interest to both countries. Documents regarding foreign policy which are of common interest and which require legislative sanction shall, in the first instance, be submitted to the two delegations sitting together. The text approved by them shall be laid before both Diets for ratification. Further, the two Governments shall appoint an equal number of representatives, who will form a common Council for Foreign Affairs. The duty of this Council shall be to consider questions which are of common interest to the two countries, and to prepare a programme of common action. The Council shall draw up a report for the periodic conferences of the two Governments. Remarks. — The Lithuanian Delegation considers that the term " common Secretariat " completely covers the organisation created to consider questions of common interest to the two countries, and to prepare a programme of common action. Art. g. — A defensive military agreement shall be concluded between the two States in accordance with the following principles : — (a) Co-operation between the two General Staffs, with a view to the adoption of methods of instruction and organisation of troops. (b) Co-operation between the two General Staffs in time of peace for the preparation of a common plan of action in case of war, and for regulating mobilisation, transport, for con- centration purposes and the disposition of troops on the frontier. This co-operation shall be secured by periodical conferences. Further, permanent liaison shall be assured by the establishment of a special permanent body for investigation and collaboration. Art. 9.— A defensive military agreement shall be concluded between the two States. The two Governments shall jointly decide whether a war into which one of the two countries seems likely to be drawn is of a defensive character and whether, consequently, the two countries should mutually assist each other. Note. — Proposals will be made by the Lithuanian Delegation on the basis of this Con- vention after consultation with the Lithuanian Staff. 6 4 (c) Limited support given by the Lithu- anian Army to the Polish Army, outside Lithuanian territory (as regards the number of troops and the area in which they are to be employed). Co-operation of Polish troops with Lithuanian troops on Lithuanian territory. Reciprocal use of territorial bases, roads, railways, etc., in the common strategic interest. (d) Unified command of the two armies in the event of common operations, the bulk of the Lithuanian troops to be grouped, how- ever, under the Lithuanian command. It is for the two Governments to decide whether — in case one of the two countries is, or is likely to be, engaged in war — the two countries shall, under the terms of Convention, mutually assist each other. In case of dis- agreement, the question shall be submitted to an arbitrator, appointed in advance by the Council of the League of Nations with their consent. Remarks. — The Lithuanian Delegation declares that each of the two States must be able to decide independently upon the coming into effect of the defensive military Convention. Neither country could bind itself to conform to the decision of a third party. Art. 10. — An economic convention, going Art. 10. — An economic convention, going beyond the most-favoured-nation clause, shall beyond the most -favoured-nation clause, shall be concluded between the two countries. be concluded between the two countries. The two countries shall accept the principle The two parties shall agree to the study by of reciprocal free admission for their products, experts of a scheme of closer economic relations with such exceptions as are rendered necessary between the two countries on the basis of by their internal fiscal system, or, pending the reciprocal free admission for such of their adoption of a common monetary system, by the respective products as will, by their exchange, inequality in the exchange. benefit the economic interests of the two A joint Economic Council, consisting of three countries; this scheme shall not, however, representatives of each Government, shall be oblige them to adopt a similar Customs policy appointed : — towards other Powers. The experts shall also (a) to supervise the application of the consider the possibilities of closer relations in Customs Convention ; respect of the monetary system. (6) to prepare any necessary amendments A J oint Economic Council, consisting of therein - three representatives of each Government, (c) to investigate all economic questions of sha11 be appointed to investigate all economic common interest (transport, means of com- questions of common interest. It shaU submit munication, monetary system, fiscal system, a i oint re P ort to the tw0 Governments, monopolies, purchase of goods in foreign countries, economic conventions). This Council shall submit a joint report to the two Governments. 65 Remarks. — With regard to paragraph 2 of Article 10, the Lithuanian Delegation declares that it prefers the reading adopted at Brussels by the Lithuanian and Polish Delegations. With regard to paragraph 3, the Delegation considers that, in proposing a formula of wider scope, it gives the joint Council more latitude for the investigation of economic questions of common interest. Above all, any supervision of the Customs Agreement would constitute an act of interference, which would be totally inadmissible and also impracticable, in the internal administration of each of the two States. Moreover, the attribution of such duties to the Council would be a continual source of misunderstanding between the two Administrations. Art. 11. — Lithuania shall guarantee Poland free access to the sea and free transit. Further, with regard to the port of Memel, the two countries shall come to an agreement on a system which, while leaving the sovereignty to Lithuania, will reserve to Poland the right at any time to use this port as well as the Niemen for the transport of all classes of goods, including munitions and implements of war. If an agreement should be reached, M. Hymans would request the League of Nations to urge upon the Allied Powers the acceptance of the programme adopted. Art. 11. — Lithuania shall guarantee Poland free access to the sea. The two countries shall guarantee each other free transit. Lithuania undertakes to conclude with Poland a Convention guaranteeing the free use of the port of Memel and the River Niemen for all classes of goods. However, in the event of a war between Poland and a third Power, in which Lithuania remains neutral, Poland shall not use the port of Memel for the transport of contraband of war. Remarks. — The Lithuanian Delegation retains the principle of the Draft Agreement. It believes it necessary, however, to define, in accordance with international law, the attitude of Lithuania in the event of a war between Poland and a third Power in which Lithuania remains neutral. Art. 12. — If any disagreement should arise between the two countries as to the execution of the present Convention, the two countries pledge themselves to accept the decision of an arbitrator, appointed by the League of Nations with their consent. Art. 12. — In the event of any disagreement as to the interpretation of the present Conven- tion, the two countries pledge themselves to accept the decision of the International Court of Justice. If any disagreement should arise between the two countries as to the execution of the present Convention, the two countries pledge themselves to accept the decision of an arbitrator, appointed with their consent by the League of Nations. Remarks. — The Lithuanian Delegation has introduced a special paragraph providing for the submission of all disputes as to the interpretation of the agreement to the Permanent Court of International Justice. Art. 13. — If Poland or Lithuania should, in future, desire to propose amendments in the present agreement, they undertake to submit such amendments to the Council of the League of Nations. Art. 13. — If Poland or Lithuania should, in future, desire to propose amendments in the present agreement, they undertake to submit such amendments to the Council of the League of Nations. f6Dec'49CS LD 21_ioo m .8,. 34