File No. 811.203/22

The Ambassador in Great Britain ( Page ) to the Secretary of State

[Telegram]

9748. My telegram 9101, March 18, 11 p.m. Following note dated April 26 received from Foreign Office:

With reference to my note of March 15 last,1 relative to the maintenance of discipline among United States troops in this country, I have the honor to transmit to Your Excellency herewith a copy of the order of the Army Council on this subject made under regulation 45F of the Defense of the Realm regulations, the draft of which was inclosed in my above-mentioned note, together with a copy of a memorandum attached thereto containing suggestions for supplementary provisions applicable to members of the United States forces.

I have the honor to add that the Admiralty Court military authorities are now advised that it would be desirable, in order to complete the arrangements made by this order and to dispose of certain questions as to the jurisdiction, that a convention should be entered into between His Majesty’s Government and that of the United States, similar to that concluded between the Government of His Majesty and that of the French Republic, and that a general agreement to the effect stated in the memorandum attached to the inclosed order of the Army Council should be embodied in any such convention.

I have therefore the honor to inquire whether the conclusion of an arrangement on the above lines would be agreeable to the Government of the United States and if so in what form they would desire that it should be concluded: as a formal convention, or by exchange of notes, or otherwise. On learning the wishes of the United States [Page 745] Government on these points I shall be happy to submit a draft for their consideration.

Draft order of the Army Council is quoted in my 9101 of March 18.

Memorandum

A. A member of the naval, military or air forces of the United States of America within British territory shall not be tried by the naval or military courts of the United States of America or according to the law of the United States of America but shall be tried by the civil or military courts of the United Kingdom and in accordance with the law of Great Britain where the offense which he is alleged to have committed would by the law of the United Kingdom be—

(a)
Treason;
(b)
An offense against Official Secrets Act 1911;
(c)
An offense against Defense of the Realm regulations Nos. 18, 18A, 19A, 22A, or 27A, except where the offense is solely prejudicial to the armed forces of the United States of America;
(d)
An offense against Defense of the Realm regulation No. 48 in relation to any offense above included.

Page
  1. Quoted in preceding telegram.