File No. 811.2222/3244a
The Secretary of State to the Ambassador in Great Britain ( Page)
6390. We have initialed an agreement with Canada and are in practical agreement with Great Britain in respect to conscription conventions. It has been found desirable to modify the British agreement to correspond with the Canadian agreement, in order that both might be as nearly alike as possible. The texts of both agreements are appended hereto. It will be observed that the language has been improved in the interest of clearness and definiteness, and that four important changes have been introduced:
- 1.
- The ages applicable to British subjects in the United States have been placed at 20 to 40 years, both inclusive. It is proposed, for administrative reasons, to adopt these ages in all agreements made with the co-belligerents.
- 2.
- Declarants subject to our Draft Act will be given the option of serving under their own colors.
- 3.
- Diplomatic exemption has been further broadened by omitting the periods within which it must be exercised.
- 4.
- Article 4 has been rewritten so as to exclude the persons defined in article 1 of the Canadian agreement. It has also been deemed necessary to add a further definition of British subjects who shall not come within the terms of the British agreement, in order to avoid any obligation under the convention to conscript Irishmen in the United States. This definition is set forth in section (b) of article 4. If there is no objection to this article as rewritten, this Government would prefer to have this definite statement appear in section (b). If there is objection to this, this Government is willing to sign the agreement with section (b) omitted, on the specific understanding that the United States [Page 666] will not be under the necessity of conscripting Irishmen in the United States. Such legislation, except perhaps to a very limited extent, is impossible here, for the reason that it amounts to subjecting Irishmen to military obligations which they do not have at all at home. The feeling here in some quarters is very strong on this point—perhaps enough to wreck the convention if it is aroused. As the convention does not apply to Americans in Ireland, there would seem to be no more reason why it should apply to Irishmen in the United States than to Australians in the United States, who, of course, do not fall within its terms.
For information of the Senate and in explanation of non-reciprocal character of the proviso of article 1, it is proposed that an exchange of notes be made explaining that the Military Service Acts of Great Britain subject to liability to military service persons between the ages of 18 and 41, both inclusive, and that in order to avoid the delay incident to modifying this act of Parliament, the Government of the United States will exercise its right under article 3 to exempt all Americans subject to this convention outside of the ages of 21 to 30 years, both inclusive. If the British Government interpose no objection, this exchange of notes will be made here.
It is of the utmost importance for political reasons that these agreements be signed at the earliest moment, on account of the growing agitation in Congress and throughout the country. You cannot emphasize too strongly the urgency of early signature, in order to forestall drastic legislation under consideration now by Congress.
Following is text of British agreement in full:
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and the President of the United States of America being convinced that for the better prosecution of the present war it is desirable that British subjects in the United States and United States citizens in Great Britain shall either return to their own country to perform military service in its army or shall serve in the army of the country in which they remain, have resolved to enter into a convention to that end and have accordingly appointed as their plenipotentiaries His Britannic Majesty and the President of the United States, who, after having communicated to each other their respective full powers found to be in proper form have agreed upon and concluded the following articles:
- 1.
- All male British subjects in the United States and all male citizens of the United States in Great Britain shall, unless before the time limited by this convention they enlist or enroll in the forces of their own country or return to the United States or Great Britain, respectively, for the purpose of military service, be subject to military service and entitled to exemption or discharge therefrom under the laws and regulations from time to time in force, of the country [Page 667] in which they are; Provided, That in respect to British subjects in the United States the ages for military service shall be for the time being 20 to 40 years, both inclusive.
- 2.
- Citizens of the United States and British subjects within the age limits aforesaid who desire to enter the military service of their own country must after making such application therefor as may be prescribed by the laws or regulations of the country in which they are, enlist or enroll or must leave Great Britain or the United States as the case may be for the purpose of military service in their own country before the expiration of 60 days after the date of the exchange of ratifications of this convention, if liable to military service in the country in which they are at said date; or if not so liable, then before the expiration of 60 days after the time when liability shall accrue; or as to those holding certificates of exemption under article 3 of this convention, before the expiration of 60 days after the date on which any such certificate becomes inoperative unless sooner renewed; or as to those who apply for certificates of exemption under article 3, and whose applications are refused, then before the expiration of 60 days after the date of such refusal, unless the application be sooner granted.
- 3.
- The Government of the United States and His Britannic Majesty’s Government may through their respective diplomatic representatives issue certificates of exemption from military service to citizens of the United States in Great Britain and British subjects in the United States, respectively, upon application or otherwise if the applications be made or if the certificates be granted prior to their entry into the military service of either country. Such certificates may be special or general, temporary or conditional, and may be modified, renewed, or revoked in the discretion of the government granting them. Persons holding such certificates shall so long as the certificates are in force, not be liable to military service in the country in which they are.
- 4.
- This convention shall not apply to (a) British subjects in the United States who are defined as “Canadians” in any convention relating to military service which may be concluded between the United States Government and His Britannic Majesty’s Government, (b) to British subjects in the United States who before proceeding to the United States were ordinarily resident in some part of the British Dominions other than Great Britain.
- 5.
- Persons who possess both British and American nationality shall be regarded for the purpose of this convention as possessing exclusively the nationality of the country in which they are.
- 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 British subjects 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 convention enters the military service of the other shall by reason of such service be considered after this convention shall have expired or after his discharge to have lost his nationality or to be [Page 668] under any allegiance to the United States or to His Britannic Majesty as the case may be.
- 8.
- The present convention shall be ratified by His Britannic Majesty and by the President of the United States of America by and with the advice and consent of the Senate of the United States and the ratifications shall be exchanged at Washington as soon as possible. It shall come into operation on the date on which the ratifications are exchanged and shall remain in force until either country shall cease to be a co-belligerent in the present war. Whereupon any citizen or subject of either country incorporated into military service under this convention shall be discharged therefrom.
In witness whereof the respective plenipotentiaries have signed the present convention and have affixed thereto their seals.
Done at London in duplicate the _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _.
Following is text of Canadian agreement omitting preamble and articles 4, 5, 6, and 7, which are identical with articles 5, 6, 7, and 8, respectively, of British agreement:
- 1.
- All male citizens of the United States in Canada (hereinafter called Americans) and all male British subjects in the United Stated (a) who were born or naturalized in Canada and who, before proceeding to the United States, were ordinarily resident in Great Britain or Canada or elsewhere outside the British Dominions; or (b) who were not born or naturalized in Canada, but who, before proceeding to the United States, were ordinarily resident in Canada (hereinafter called Canadians) shall, unless before the time limited by this convention they enlist or enroll in the forces of their own country or return to the United States or Canada, respectively, for the purpose of military service, be subject to military service and entitled to exemption or discharge therefrom under the laws and regulations, from time to time in force, of the country in which they are: Provided, That in respect to Canadians in the United States the ages for military service shall be for the time being 20 to 40 years, both inclusive, and in respect to Americans in Canada, the ages for military service shall be for the time being 21 to 30 years, both inclusive.
- 2.
- Americans and Canadians within the age limits aforesaid who desire to enter the military service of their own country must enlist or enroll or must leave Canada or the United States, as the case may be, for the purpose of military service in their own country before the expiration of 60 days after the date of the exchange of ratifications of this convention, if liable to military service in the country in which they are at said date; or if not so liable, then before the expiration of 60 days after the time when liability shall accrue or as to those holding certificates of exemption under article 3 of this convention, before the expiration of 60 days after the date on which any such certificate becomes inoperative unless sooner renewed; or as to those who apply for certificates of exemption under article 3, and whose applications are refused, then before the expiration of 60 days after the date of such refusal, unless the application be sooner granted.
- 3.
- The Government of the United States, through the Consul General at Ottawa, and His Britannic Majesty’s Government through the British Ambassador at Washington may issue certificates of exemption from military service to Americans and Canadians, respectively, upon application or otherwise, if the applications be made or if the certificates be granted prior to their entry into the military service of either country. Such certificates may be special or general, temporary or conditional, and may be modified, renewed, or revoked in the discretion of the government granting them. Persons holding such certificates shall, so long as the certificates are in force, not be liable to military service in the country in which they are.