Memorandum by the Assistant Solicitor for the Department of State (Hunt)

The Draft Act of May 18 makes all “declarants” subject to perform military service.

The Spanish Treaty of July 3, 1902, exempts Spanish subjects from military service. The War Department has held that the law modifies the treaty so far as they are inconsistent and that all Spanish subjects are liable to perform military service under law of May 18. The President approves this decision, but has said that he, as [Page 181] Commander-in-Chief, will consider requests of the Spanish Ambassador for discharge of Spanish subjects who have been drafted and brought into military service. (Same with reference to other treaty countries).

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B[ert] L. H[unt]