File No. 811.203/42

The Chargé in Great Britain ( Wright ) to the Secretary of State

No. 837

Sir: With reference to the Department’s telegram No. 5106 of April 11, 6 p.m., in regard to the maintenance of discipline amongst the American troops stationed in this country, I have the honor to report that, in compliance with the instructions of the Department, the contents of the above telegram were brought to the attention of the Foreign Office, with the request that a draft of the proposed agreement be submitted for the consideration of the Department.

I now have the honor to transmit herewith a copy of a note, No. 79756/45.A., of May 31, 1919, which has been received from the Foreign Office in the premises, together with a copy of the draft agreement therein enclosed.

I have [etc.]

J. Butler Wright
[Enclosure]

The British Acting Secretary of State for Foreign Affairs ( Curzon ) to the American Ambassador ( Davis )

No. 79756/45.A.

Earl Curzon of Kedleston presents his compliments to the United States Ambassador and, with reference to the note which His Excellency was good enough to address to him on the 12th ultimo, relative to the maintenance of discipline amongst American troops stationed in the United Kingdom has the honour to transmit herewith [Page 754] a draft of the proposed agreement in accordance with the wishes of the United States Government.

Lord Curzon desires to point out that the draft agreement refers only to persons subject to military law and that, if it is desired to extend its scope to cover persons subject to naval or air force law, it will be necessary to consult the Admiralty and the Air Ministry.

[Subenclosure]

Draft of an Agreement to be Entered into between the Government of the United States of America and the Government of Great Britain

The Government of Great Britain and the Government of the United States of America agree to recognise during the present war the exclusive jurisdiction of the tribunals of their respective Armies with regard to persons subject to the military law of those Armies whatever be the territory in which they operate or the nationality of the accused.

In the case of offences committed jointly or in complicity by persons subject to the military law of the said Armies the principals and accessories subject to the military law of the American Army shall be handed over to American jurisdiction and the principals and accessories subject to the military law of the British Army shall be handed over to British jurisdiction.

The Government[s] of Great Britain and the United States of America further agree to recognise during the present war the exclusive jurisdiction within American territory of American justice over persons not subject to the military law of the British Army who may commit acts prejudicial to the said Army and the exclusive jurisdiction of British justice within British territory over persons [not] subject to the military law of the American Army who may commit acts prejudicial to the said Army.

This agreement shall be regarded as having effect as from the 22d day of March 1918.