File No. 811.2222/4194a
The Secretary of State to the Ambassador in France ( Sharp)
3193. Department’s October 291 and January 7 last,2 conscription agreement.
We are in agreement with Great Britain and Canada as to a convention for compulsory military service of the citizens or subjects of either country residing in the other. As we have not heard from the French Government officially as to their attitude in the matter, I have to suggest that the attached draft conscription convention which is practically identical with that entered into with Great Britain and Canada be presented to the Foreign Office with the request to be advised as to whether it is possible to sign an agreement as nearly as possible in this form. As I have stated before it is necessary that agreements of Great Britain, France, and Italy be as nearly alike as possible on account of the insurmountable difficulties which would be met in the United States in an endeavor to enforce in the United States several conscription agreements greatly different in principle and effect, and applying to a large number of aliens of different nationalities. It will be observed that the former proposal of this Government for an article for the apprehension of deserters has been omitted. It is now desired that no such article be [Page 678] inserted in the treaty, as it is believed that the delivery of deserters can be arranged for by an exchange of notes. I trust, therefore, that the French Government will appreciate the situation in respect to this convention and will be willing to enter into a convention with the United States in the form of the one hereto appended.
On account of drastic legislation for the military service of aliens now pending in Congress which has been suspended for two weeks to await the outcome of negotiations with the Entente Powers and which will come up for consideration again the first part of next week, it is necessary for us to know by next Saturday, February 23, whether the French Government believes it is possible to reach an agreement as to conscription convention in this form.
[Text of proposed convention]
1. All male citizens of France in the United States and all male citizens of the United States in France 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 France, 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 citizens of France 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 citizens of the United States in France, the ages for military service shall be for the time being 21 to 30 years, both inclusive.
2. Citizens of the United States and citizens of France 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 France 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 30 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 30 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 30 days after the date of such refusal, unless the application be sooner granted.
3. The Government of the United States and the Government of France may, through their respective diplomatic representatives, issue certificates of exemption from military service to citizens of the United States in France and citizens of France in the United States, respectively, upon application or otherwise, within 60 days from the date of the exchange of ratifications of this convention or within 30 days from the date when such citizens become liable to [Page 679] military service in accordance with article 1. 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. Persons who possess both French and American nationality shall be regarded for the purpose of this convention as possessing exclusively the nationality of the country in which they are.
5. The French Government and the Government of the United States will, respectively, so far as possible facilitate the return of citizens of the United States and French citizens 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.
6. No citizen 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 under any allegiance to the United States or to the Government of France, as the case may be.
7. The present convention shall be ratified by the President of the French Republic, 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 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 Washington in duplicate the _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _.