Papers Relating to the Foreign Relations of the United States, 1921, Volume II

711.62119/9a: Telegram

The Secretary of State to the Commissioner at Berlin ( Dresel )

Washington , July 5, 1921—3 p.m.

1231. Joint Congressional Resolution dated July 1st approved by the President, July 2d, reads as follows:

“Joint resolution terminating the state of war between the Imperial German Government and the United States of America and between the Imperial and Royal Austro-Hungarian Government and the United States of America.

That the state of war declared to exist between the Imperial German Government and the United States of America by the joint resolution of Congress approved April 6, 1917, is hereby declared at an end.

• Section 2. That in making this declaration, and as a part of it, there are expressly reserved to the United States of America and its nationals any and all rights, privileges, indemnities, reparations or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed November 11, 1918, or any extensions or modifications thereof; or which were acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have thereby become rightfully entitled; or which, under the Treaty of Versailles, have been stipulated for its or their benefit; or to which it is entitled as one of the principal allied and associated powers; or to which it is entitled by virtue of any act or acts, of Congress, or otherwise.
• Section 3. That the state of war declared to exist between the Imperial and Royal Austro-Hungarian Government and the United States of America, by the joint resolution of Congress approved December 7, 1917, is hereby declared at an end.
• Section 4. That in making this declaration, and as a part of it, there are expressly reserved to the United States of America and its nationals any and all rights, privileges, indemnities, reparations or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed November 3, 1918, or any extensions or modifications thereof; or which were acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have thereby become rightfully entitled; or which, under the Treaty of Saint Germain-En-Laye, or the Treaty of Trianon, have been stipulated for its or their benefit or to which it is entitled as one of the principal allied and associated powers; or to which it is entitled by virtue of any act or acts of Congress or otherwise.
• Section 5. All property of the Imperial German Government or its successor or successors and of all German nationals which was on April 6, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or of any of its officers, agents or employes, from any source or by any agency, whatsoever, and all property of the Imperial and Royal Austro-Hungarian Government, or its successor or successors, and of all Austro-Hungarian nationals which was on December 7, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or any of its officers, agents or employes, from any source, or by any agency whatsoever, shall be retained by the United States of America and no disposition thereof made except as shall have been heretofore or specifically hereafter shall be provided by law until such time as the Imperial German Government and the Imperial and Royal Austro-Hungarian Government, or their successor or successors, shall have respectively made suitable provision for the satisfaction of all claims against said governments respectively, of all persons, wheresoever domiciled, who owe permanent allegiance to the United States of America and who have suffered through the acts of the Imperial German Government, or its agents, or the Imperial and Royal Austro-Hungarian Government, or its agents, since July 31, 1914, loss, damage or injury to their persons or property, directly or indirectly, whether through the ownership of shares of stock in German, Austro-Hungarian, American, or other corporations, or in consequence of hostilities, or of any operations of war or otherwise, and also shall have granted to persons owing permanent allegiance to the United States of America most-favored-nation treatment, whether the same be national or otherwise, in all matters affecting residence, business, profession, trade, navigation, commerce and industrial property rights and until the Imperial German Government and the Imperial and Royal Austro-Hungarian Government or their successor or successors shall have respectively confirmed to the United States of America all fines, forfeitures, penalties and seizures imposed or made by the United States of America during the war, whether in respect to the property of the Imperial German Government or German nationals or the Imperial and Royal Austro-Hungarian Government or Austro-Hungarian nationals, and shall have waived any and all pecuniary claims against the United States of America.
• Section 6. Nothing herein contained shall be construed to repeal, modify or amend the provisions of the joint resolution ‘declaring that certain acts of Congress, joint resolutions and proclamations shall be construed as if the war had ended and the present or existing emergency, expired,’ approved March 3, 1921, or the passport control provisions of an act entitled ‘An act making appropriations for the diplomatic and consular service for the fiscal year ending June 30, 1922’, approved March 2, 1921, nor to be effective to terminate the military status of any person now in desertion from the military or naval service of the United States, nor to terminate the liability to prosecution and punishment, under the Selective Service law, approved May 18, 1917, of any person who failed to comply with the provision of said act, or of acts amendatory thereof.”

Hughes