File No. 811.203/42
The Chargé in Great Britain (
Wright) to the
Secretary of State
No. 837
London,
June 5, 1919.
[Received June 28.]
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.]
[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.
