File No. 763.72114A/459a

The Secretary of State to the Chairman of the Commission to the Prisoners of War Conference ( Garrett)

Sir: In connection with the forthcoming conference at Berne, Switzerland, between American and German representatives for the purpose of negotiating, drawing up and signing a reciprocal agreement for the maintenance, treatment, and exchange of prisoners of war, and allied subjects, the Department desires to issue to the American commission the following provisional instructions in case the points mentioned below should be brought up by the German representatives at the conference.

1.
Treaty of 1799 between the United States and Prussia, articles 23 and 24.1 The Government of the United States regards only articles 23 and 24 of this treaty as in full effect and should the German representatives inquire as to our attitude the reply should be that this Government abides by these provisions of the treaty. If it should develop, however, that the German Government either would not or could not carry out the terms of the treaty, a new situation might arise which would require further instructions from the Department.
2.
Property. This Government does not desire to extend the scope of the conference to include questions of property other than the personal belongings of prisoners of war. Should the subject be brought up by the German representatives at the conference the American commission should reply that it is without instructions in the premises.
3.
Proposed deportation of German civilians from China. This Government did not originate the proposal, is not interested in it, and desires only the internment in China of such German civilians as are perniciously active. This attitude should, however, not be revealed to the public or to the German representatives in advance. It should be used as a concession in return for some German concession, as may be found expedient in the development of the negotiations.

I am [etc.]

Robert Lansing
  1. Hunter Miller, Treaties and Other International Acts of the United States of America, vol. II, pp. 450–454.