811.2222/6510f
The Secretary of State to President Wilson
My Dear Mr. President: Referring to the matter of the discharge of neutral aliens (declarants and non-declarants) who have been incorporated in the National Army under the Draft Act, and your inquiry to be informed as to the countries with which we have treaty provisions as to military service, I beg to say that we have such treaties with Argentina, Costa Rica, Honduras, Paraguay, Spain, and Switzerland. The treaty provision generally runs as follows:
“They [citizens of either contracting party]11 shall, however, be exempt in their respective territories from compulsory military service, either on land or sea, in the regular forces, or in the national guard, or in the militia.” (Treaty with Italy, 1871.)12
Some of the other treaties end with the word “sea.”
In this connection, I should call your attention to the fact that there are other neutral countries with which we have naturalization treaties stipulating that declarants are not citizens. These countries are: Costa Rica, Haiti, Nicaragua, Peru, Salvador, Sweden, Norway, Honduras, and Uruguay. The treaty provision generally runs as follows:
“The declaration of an intention to become a citizen of one or the other country has not for either party the effect of citizenship legally acquired.” (Treaty with Sweden and Norway, 1869.)13
Another form is:
“The declaration of intention to become a citizen of one or the other country has not for either party the effect of naturalization.” (Treaty with Haiti, 1902.)14
The Supreme Court of the United States has uniformly held that a declaration of an intention by an alien does not make him a citizen of the United States. Under the law of naturalization an alien is not required to renounce allegiance upon taking out his first papers. He merely declares his intention to do so.
There is still another class of countries with whom we have naturalization treaties stipulating that persons “naturalized” shall be regarded as citizens, from which it is to be inferred that declarants are not to be regarded as citizens. The only neutral country with which we have such a treaty is Denmark.
The argument of countries having these treaties regarding citizenship is that, inasmuch as we recognize by these treaties that declarants are not citizens, but are aliens, we have no legal or moral right to treat them as citizens or quasi-citizens by subjecting them to military service contrary to their wishes.
I have just received a statement from the Spanish Ambassador listing the names of five men who have been discharged from the army under the present procedure, but who have been recalled for classification by the exemption boards.
I trust that whatever action is taken by you will include non-declarants as well as declarants; for notwithstanding what is said in regard to their having a right to claim exemption before the local boards, and if they do not claim exemption they should be regarded as volunteers, the fact is, as is well known to the State Department, to the War Department, and to the diplomats, that, through ignorance or other reasons, claims of exemption are not made, and through prejudice or other reasons claims for exemption in certain cases, when made, are disregarded by local and district boards. When, therefore, a man is drafted in such circumstances, it is practically impossible to explain the matter satisfactorily to the foreign government concerned.
I also hope that it will be possible in some way to provide for the release of subjects or citizens of neutral countries having no treaties of exemption, as well as of those having treaties of exemption, as I regard the impressment of the former under the Draft Act as indefensible as is the case of the latter.
Perhaps I should add a word in regard to declarant and non-declarant aliens of Bulgarian and Turkish nationality. It seems to [Page 187] me doubtful whether, on any ground of law and policy, these allies of Germany and Austria-Hungary should be in our army, even though they have waived their claims for exemption before the exemption boards, and so are in a sense volunteers.
As to co-belligerent alien declarants and non-declarants, I think that for the present no change of the procedure now followed is necessary, as few, if any, objections are raised by co-belligerents except Russia, and the Russians are, I think, largely instigated by propaganda. It may be possible, however, that the situation may become such that it may be necessary to devise some new method of releasing co-belligerent non-declarants, in order to relieve the opposition of the Russians in the United States from service at the present time, even though they waived their claims for exemption at the time they appeared before the local boards several months ago.
Faithfully yours,