File No. 763.72114/2738
The Secretary of War ( Baker) to the Secretary of State
My Dear Mr. Secretary: Referring to your letter of the 11th instant,1 in which it is reported that the State Department has been advised—
- (a)
- That the National Committee on Prisons and Prison Labor has been recognized by the War Department as a relief society and given facilities by that Department for visiting and inspecting the camps where are confined German prisoners of war;
- (b)
- That delegates of that committee have already inspected the camps at Forts Oglethorpe and McPherson.
The letter further states:
Since the Swiss Minister is in charge of German interests it would appear proper that any activities in behalf of German subjects, such as receiving the complaints of prisoners of war, making representations at their request, or relieving their necessities should be undertaken by him or his agents, and not by a private American organization.
This society is simply a relief society as understood in the sense of article 15 of the Hague convention. It has no function of inspection and is in no sense a medium of communication of complaints as between war prisoners and either the United States or German Governments—nor do its activities limit or circumscribe any effort that the Swiss Minister, as representing German interests, may care to take, by himself or his agents, looking to the welfare of these prisoners.
The War Department has been advised of no steps taken or contemplated by the Swiss Minister to systematically care for the welfare of German prisoners. As far as known no such efforts have been made.
However, to the end that the State and War Departments may work in harmony in this matter the National Committee on Prisons and Prison Labor and any other relief society recognized under article 15 Hague convention will be especially limited in its activities and denied further recognition as a relief society unless all its reports are made to the War Department.
It is not deemed advisable to deny these recognized relief societies the privilege of informing the War Department of any legitimate complaint that may come to their attention. This, however, is not a function of a relief society and would be most exceptional.
It is not clearly understood how or under what authority the Swiss Minister proposes to entertain the complaints of these prisoners [Page 4] or relieve their necessities unless under article 24 Prussian treaty 1785 and article 24 Prussian treaty 1799, both of which treaties provide—
That each Party shall be allowed to keep a Commissary of prisoners of their own appointment, with every separate cantonment of prisoners in possession of the other, which commissary shall see the prisoners as often as he pleases; shall be allowed to receive and distribute whatever comforts may be sent to them by their friends, and shall be free to make his reports in open letters to those who employ him.
If such is the intention of the Swiss Minister, it is desired that the War Department be informed, as in default thereof the Department must avail itself of all lawful and authorized means provided by law for the care of war prisoners in its custody.
Sincerely yours,
- Not printed.↩