File No. 811.2222/1223½
The Secretary of State to the Ambassador in Great Britain ( Page)
5769. Your 7571, October 31. Following is text of proposed counter-draft convention:
United States Counter-Draft of Convention
- 1.
- All male subjects of Great Britain in the United States and all male citizens of the United States in Great Britain, who at any time after the date on which this agreement comes into operation are within the age limits for the time being specified for compulsory military service under the laws of the United States or Great Britain respectively, shall, unless they return to Great Britain or the United States, respectively, within the periods laid down in this agreement for the purpose of military service in their own country, be subject to military service and entitled to exemption therefrom under the laws of the country in which they are in all respects as if they were citizens or subjects thereof.
- 2.
- Citizens of the United States in Great Britain and subjects of Great Britain in the United States who are subject to military service in accordance with article 1 and who desire to enter the military service of their own country must make application to enter such service in such manner, if any, as may be prescribed by the laws of the country in which they are and must leave Great Britain or the United States, as the case may be, for the purpose of military service in their own country within 60 days from the date of the exchange of ratification of this agreement, or within 60 days from the date of attaining military age under the laws of their respective countries, or within 60 days from the date on which any certificate of exemption issued under article 3 becomes inoperative (unless sooner renewed), or within 60 days from the date on which any application for such certificates of exemption is refused (unless sooner allowed), as the case may be.
- 3.
- The Government of the United States and His Britannic Majesty’s Government may, through their respective diplomatic representatives, grant certificates of exemption from military service to citizens of the United States in Great Britain and subjects of Great Britain in the United States, respectively, upon application or otherwise within 60 days from the date of the exchange of ratifications of this agreement or within 60 days from the date when such citizens or subjects attain military age under the laws of their respective countries. Persons holding such certificates shall so long as the certificate is in force not be liable to military service in the country in [Page 654] which they are. Such certificates may be special or general, temporary or conditional, modified, renewed or revoked, in the discretion of the Government concerned.
- 4.
- Subjects of Great Britain in the United States who have declared or shall during the life of this agreement declare their intention to become citizens of the United States, and who, being within the age limits specified for compulsory military service under the laws of the United States are liable for military service in the United States, are excluded from the operation of this agreement.
- 5.
- Persons who possess both British and American nationality shall be regarded for the purpose of this agreement as possessing exclusively the nationality of the country in which they are resident at the date of the exchange of ratifications of this agreement.
- 6.
- His Britannic Majesty’s Government and the Government of the United States will, respectively, so far as possible, facilitate the return of citizens of the United States and subjects of Great Britain who may desire to return to their own country for military service but shall not be responsible for providing transport or the cost of transport for such persons.
- 7.
- No citizen or subject of either country who under the provisions of this agreement enters the military service of the other shall, by reason of such service, be considered, after this agreement expires or after his discharge, to be under any allegiance to the United States or to His Majesty the King of Great Britain and Ireland, as the case may be.
- 8.
- This agreement shall come into operation on the date on which ratifications thereof are exchanged and shall remain in force until either country shall cease to be a cobelligerent in the present war whereupon any citizen or subject of such country entered into military service hereunder shall be immediately discharged from such service.
By changes in wording it has been possible to shorten the British draft which seemed unnecessarily long.
The United States Government cannot undertake to place in its military service British subjects who remain in the United States and are outside the compulsory military age under United States laws as suggested in article 6 of the British draft. This would probably arouse feeling in this country on account of discrimination. Alternative would be to have such British subjects deported by some proper precedure.
Does not the British Government desire some agreement as to return of deserters? This article in United States draft has been omitted from British draft in order that procedure may be properly worked out. Perhaps this might properly form the subject of a separate convention.
Is it the intention of the British Government to apply the convention to Great Britain, including all its Dominions and possessions, or restrict it to the United Kingdom; and is it their desire to apply the convention only to the continental portion of the United States?
[Page 655]Please lay the foregoing before the British Government at the earliest possible moment and request to be advised as soon as possible of their views.