File No. 811.2222/4679d
The Secretary of State to
President Wilson
The President: The undersigned, the Secretary of
State, has the honor to lay before the President with a view to their
transmission to the Senate, if his judgment approve thereof, to receive the
advice and consent of that body to their ratification, a convention between
the United States and Great Britain signed at Washington on the 19th day of
February, 1918 (together with an exchange of notes relating to article 1
thereof), stipulating for the reciprocal military service of citizens of the
United States in Great Britain and British subjects in the United States and
a convention between the United States and Great Britain signed on the same
day stipulating for the reciprocal military service of citizens of the
United States in Canada and Canadians in the United States. These
conventions have been negotiated in conjunction with the War Department and
have its approval.
These conventions are in effect practically alike and give persons under them
the option to return to their own country for military service within
certain limited periods, after the expiration of which such persons become
subject to military service under the laws and regulations of the country in
which they choose to remain, provided that for British and Canadians in the
United States the ages for military service are 20 to 40 years, both
inclusive, and in respect to Americans in Great Britain and Canada the ages
for
[Page 684]
military service are limited
to 21 to 30 years, both inclusive—the ages mentioned in the Selective
Service Act of May 18, 1917. On account of the differences in ages for
military service under the laws of the various cobelligerent countries, it
has been deemed, for administrative purposes and efficient execution of the
convention, that the ages for military service of cobelligerent aliens in
the United States should be the same for all countries, namely, 20 to 40
years, both inclusive.
These conventions also give the right of the contracting parties to exempt
their subjects abroad from military service, if they so desire. The
remaining provisions of the conventions are self-explanatory and need not be
reviewed here.
I am pleased to submit these conventions as the result of my efforts so far
to reach by agreement with the Entente Powers an understanding as to
military service of their subjects in the United States and of American
citizens abroad. Independent action on the part of the United States in
respect to compulsory military service of friendly aliens in this country
without an agreement of this sort with their governments would be not only a
violation of treaties with certain of these Powers, but would subject their
subjects to treatment which they might regard as harsh and unbecoming in a
country engaged with them in the prosecution of the common cause. Such
independent action on the part of the United States would, of course, invite
independent action on the part of these powers in respect to compulsory
military service for Americans abroad within the age limits there prevailing
instead of within the age limits prevailing in the United States, as
provided in these conventions.
It is contemplated that conventions as nearly as possible like those with
relation to Great Britain and Canada will be concluded with Italy, France,
and other countries, and negotiations to that end are now in progress.
Respectfully submitted.
Robert Lansing
Washington, February
20, 1918.
Convention Providing for Reciprocal Military Service
of Citizens of the United States and British Subjects2
The President of the United States of America, and His Majesty the King
of the United Kingdom of Great Britain and Ireland and
[Page 685]
of the British Dominions beyond the Seas,
Emperor of India, being convinced that for the better prosecution of the
present war it is desirable that citizens of the United States in Great
Britain and British Subjects in the United States 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:
- The President of the United States of America, Robert Lansing, Secretary of
State of the United States; and
- His Britannic Majesty, The Earl
of Reading, Lord Chief Justice of England, High
Commissioner and Ambassador Extraordinary and Plenipotentiary on
Special Mission,
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:—
Article I
All male citizens of the United States in Great Britain and all male
British subjects in the United States 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 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 twenty to forty years, both inclusive.
Article II
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 sixty 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 the said date; or if not so liable, then before the
expiration of thirty days after the time when liability shall accrue; or
as to those holding certificates of exemption under Article III of this
Convention, before the expiration of thirty 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 III and
whose applications are refused, then
[Page 686]
before the expiration of thirty days after the
date of such refusal, unless the application be sooner granted.
Article III
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, within sixty days from the
date of the exchange of ratifications of this Convention, or within
thirty days from the date when such citizens or subjects become liable
to military service in accordance with Article I provided that the
applications be made or 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.
Article IV
This Convention shall not apply to British Subjects in the United States
(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.
Article V
Persons who possess both American and British nationality shall be
regarded, for the purposes of this Convention, as possessing exclusively
the nationality of the country in which they are.
Article VI
The Government of the United States and His Britannic Majesty’s
Government will, respectively, so far as possible, facilitate the return
of British Subjects and citizens of the United States 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.
Article VII
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
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be under any allegiance to His
Britannic Majesty or to the United States as the case may be.
Article VIII
The present Convention shall be ratified by the President of the United
States of America by and with the advice and consent of the Senate of
the United States and by His Britannic Majesty, and the ratifications
shall be exchanged at Washington or at London 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 cobelligerent in the present war; whereupon any subject or 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 in duplicate at
Washington
the nineteenth day of
February, in the year of our Lord one thousand nine hundred and
eighteen.
[
seal]
Robert Lansing
[
seal]
Reading
Convention Providing for Reciprocal Military Service
of Citizens of the United States and Canadians2
The President of the United States of America and His Majesty the King of
the United Kingdom of Great Britain and Ireland, and of the British
Dominions beyond the Seas, Emperor of India, being convinced that for
the better prosecution of the present war it is desirable that citizens
of the United States in Canada and Canadian British subjects in the
United States 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:
- The President of the United States of America, Robert Lansing, Secretary of
State of the United States, and
- His Britannic Majesty, The Earl
of Reading, Lord Chief Justice of England, High
Commissioner and Ambassador Extraordinary and Plenipotentiary on
Special Mission,
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:
[Page 688]
Article I
All male citizens of the United States in Canada (hereinafter called
Americans) and all male British subjects in the United States (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
Americans in Canada, the ages for military service shall be for the time
being twenty-one to thirty years, both inclusive, and in respect to
Canadians in the United States the ages for military service shall be
for the time being twenty to forty years, both inclusive.
Article II
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 sixty 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 the said date; or, if not so liable, then before the expiration
of thirty days after the time when liability shall accrue; or, as to
those holding certificates of exemption under Article III of this
Convention, before the expiration of thirty 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 III, and
whose applications are refused, then before the expiration of thirty
days after the date of such refusal, unless the application be sooner
granted.
Article III
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,
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upon application or otherwise,
within sixty days from the date of the exchange of ratifications of this
Convention or within thirty days from the date when such citizens or
subjects become liable to military service in accordance with Article I,
provided that the applications be made or 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.
Article IV
Persons who possess both American and British nationality shall be
regarded for the purposes of this Convention as possessing exclusively
the nationality of the country in which they are.
Article V
The Government of the United States and the Government of Canada will,
respectively, so far as possible facilitate the return of Canadians and
Americans 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.
Article VI
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 under any
allegiance to the United States or to His Britannic Majesty as the case
may be.
Article VII
The present Convention shall be ratified by the President of the United
States of America by and with the advice and consent of the Senate of
the United States and by His Britannic Majesty and the ratifications
shall be exchanged at Washington or at London 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 cobelligerent in the present war; whereupon any citizen or subject
of either country incorporated into military service under this
Convention shall be discharged therefrom.
[Page 690]
In witness whereof the respective
Plenipotentiaries have signed the present Convention and have affixed
thereto their seals.
Done in duplicate at
Washington
the nineteenth day of
February in the year of our Lord one thousand nine hundred and
eighteen.
[
seal]
Robert Lansing
[
seal]
Reading
The British Ambassador on Special Mission
(
Reading) to the
Secretary of State
Washington,
February 19, 1918.
Sir: With reference to the military service
convention between the United States and Great Britain signed today, I
am instructed by His Majesty’s Government to explain why the proviso to
article 1 does not limit the military service of citizens of the United
States in Great Britain to those between the ages of 21 to 30, both
inclusive, as requested by the United States Government. The reason for
the omission of this clause in the proviso is a desire to avoid the
delay that would be involved in modifying the Military Service Acts 1916
and 1917, which control the operation of any convention of this
character.
The effect of these acts is to make United States citizens in Great
Britain under this convention liable to military service between the
ages of 18 and 40 both inclusive. The limitation of the ages of United
States citizens in Great Britain for the purposes of military service to
those between the ages of 21 to 30 both inclusive, may, however, be
attained without amendment of these acts by the exercise by the United
States of its right of exemption under article 3.
His Majesty’s Government understand, therefore, that the United States
Government will exercise their right under article 3 to exempt from
compulsory military service in Great Britain all citizens of the United
States in Great Britain, outside the ages of 21 to 30, both
inclusive.
I have [etc.]
The Secretary of State to
the British Ambassador on Special Mission (
Reading)
Washington,
February 19, 1918.
Excellency: I have the honor to acknowledge
the receipt of Your Excellency’s note of this date in regard to the
military service convention
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between the United States and Great Britain signed today, in which you
state that you are instructed to explain why the proviso to article 1
does not limit the military service of citizens of the United States in
Great Britain to those between the ages of 21 to 30, both inclusive, as
requested by the United States Government. In explanation Your
Excellency states as follows:
The reason for the omision of this clause in the proviso is a
desire to avoid the delay which would be involved in modifying
the Military Service Acts 1916 and 1917, which control the
operation of any convention of this character.
The effect of these acts is to make United States citizens in
Great Britain under this convention liable to military service
between the ages of 18 and 40, both inclusive. The limitation of
the ages of United States citizens in Great Britain for the
purposes of military service to those between the ages of 21 to
30, both inclusive, may, however, be attained without amendment
of these acts by the exercise by the United States of its right
of exemption under article 3.
Your Excellency adds that
His Majesty’s Government understands, therefore, that the United
States Government will exercise its right under article 3 to
exempt from compulsory military service in Great Britain all
citizens of the United States in Great Britain, outside the ages
of 21 to 30, both inclusive.
In reply I have the honor to inform Your Excellency that the Government
of the United States is pleased to accept this explanation of said
article 1 and in lieu of a clause in this article limiting the military
service of citizens of the United States in Great Britain to those
between the ages of 21 to 30, both inclusive, to exercise its right
under article 3 to exempt from compulsory military service in Great
Britain all citizens of the United States in Great Britain outside of
the ages of 21 to 30, both inclusive.
I have [etc.]
