[Enclosure]
The British Embassy
to the Department of State
Memorandum
It was provided in the notes exchanged between Mr. Cordell Hull
and Lord Lothian on September 2nd, 1940, that,
“His Majesty’s Government in the leases to be agreed upon
will grant to the United States for the period of the
leases all the rights, power and authority within the
bases leased, and within the limits
[Page 70]
of territorial waters and
air spaces adjacent or in the vicinity of such bases,
necessary to provide access to and defence of such bases
and appropriate provisions for their control.
Without prejudice to the above-mentioned rights of the
United States authorities and their jurisdiction within
the leased areas, the adjustment and reconciliation
between the jurisdiction of the authorities of the
United States within these areas and the jurisdiction of
the authorities of the territories in which those [these] areas are situated shall
be determined by common agreement.”
In accordance with the foregoing provisions, discussions are now
taking place in London with a view to deciding how the necessary
“adjustment and reconciliation” between the jurisdiction of the
United States authorities and that of the local British
authorities can best be arranged.
No question of the transfer of sovereignty arises. This was made
clear in the Attorney General’s opinion of August 27th,85 and
has been reaffirmed by the British Prime Minister in the House
of Commons. That being so, the question to be solved would seem,
to be how to arrange that the United States authorities in the
various territories shall obtain adequate powers to defend,
control and operate their bases with the minimum disturbance to
the existing British administrative and jurisdictional
arrangements.
There is, of course, no suggestion that the United States
Government should be denied any powers which they consider
necessary for the proper defence or use of the bases. At the
same time, it is felt that it is most important that the fullest
consideration should be given to the interests and feelings of
the local inhabitants and that the existing administrative and
jurisdictional arrangements should only be disturbed if this is
really essential for the proper defence of the American bases.
While the British authorities are naturally particularly
concerned to protect the interests of the local inhabitants for
whose welfare they are responsible, it is felt that it is
equally to the advantage of the United States authorities to see
that the leases are drawn up in such a manner as to reduce to
the minimum the possible causes of friction between the various
parties concerned. The leases are to run for a period of 99
years, and that being so it is clearly necessary that their long
term effect upon the well being of the local inhabitants should
be taken into account. It would seem, however, that the
instructions sent to the United States Delegates in London make
it difficult for the latter to pay due account to the interests
of the different territories and their inhabitants, and compel
them to put forward demands for concessions or facilities which
would not seem to be essential for the defence or control of the
bases.
Two examples may be given. In the matter of jurisdiction the
British authorities are prepared to allow the United States
authorities
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to exercise
jurisdiction over American nationals as regards security
offences committed anywhere in the territories concerned and
over Americans in regard to all offences committed within the
leased areas. The American Delegates have, however, been
instructed to claim United States jurisdiction over all persons,
including British subjects, as regards security offences
committed anywhere in the territories concerned, and as regards
all offences committed in the leased areas. The exercise by the
United States authorities of jurisdiction over all persons,
whether Americans or not, in respect of all offences committed
within the leased areas would not seem to be essential to the
proper defence of the bases. This would not, for example, be
prejudiced by an assault by one British subject on another
taking place within the leased area.
As regards shipping, the British authorities have proposed that
all vessels owned by the United States Government should be
granted the same privileges and exemptions from harbour dues,
etc. as vessels belonging to the Royal Navy. They have also
proposed that the United States coastwise shipping laws should
not apply to the leased areas, and that British Merchant ships
should therefore not be excluded from these areas and have asked
that harbour facilities within the leased areas should be made
available to British and other ships under certain conditions.
In reply, the American Delegates have it appears been instructed
to press for the exemption of United States ships from all
dues—which might place them in a more favourable position than
ships in the Royal Navy—and have made no proposals to meet the
British request in regard to the United States coastwise
shipping laws and facilities for British ships in the leased
areas.
The exemption of United States ships from all dues and the
possible exclusion of British ships from the leased areas would
again hardly seem to be essential to the defence or control of
the bases.
There are other points on which similar difficulty seems to have
arisen; but the broad argument that it is wished to urge is one
in favour of the instructions to the United States Delegates
being such as to enable them to treat the matters under
discussion on a wide basis from the defence aspect and to take
fully into account the interests of the various territories and
their inhabitants.
Washington, February 26, 1941.
