860C.2222/16
The Acting Secretary of State to the Polish Ambassador ( Ciechanowski )
Excellency: I have the honor to refer to Your Excellency’s note no. 745/SZ–52 of July 6, 194214 in reply to the Department’s note of March 30, 1942, which set forth the conditions under which nationals of co-belligerent countries residing in the United States can be permitted to enlist in the armed forces of a co-belligerent country, should they so desire.
You request, on behalf of your Government, whether it would be possible for the United States Government to revise the stipulations contained in its note of March 30, 1942 with a view to making it possible for a larger number of Polish nationals in this country to be taken into the Polish armed forces and specifically suggest that the conscription into the Polish armed forces of Polish citizens resident in the United States should, with certain provisos, include in principle all Polish citizens between the ages of eighteen and forty-one.
In order to ascertain whether an exception could be made to the provisions set forth in this Government’s note of March 30, 1942, a careful study of your proposals has been made by the appropriate agency of this Government.15
Although, as you state in your note under reference, all Polish citizens under Polish law, irrespective of their place of residence, are under obligation to respond to the call to the Polish colors, the appropriate authorities of this Government point out that the conscription [Page 217] by the Polish Government of Polish citizens in the United States would be in violation of the laws of the United States.
In this connection, your attention is called to the provisions of the United States Selective Training and Service Act of 1940 which stipulate that every male citizen of the United States and any other male person residing in the United States between the ages of eighteen and sixty-five shall register. The act further provides that, with certain exceptions, registrants within specified age limits are liable for active military service in the United States armed forces. Although the law specifies that all male persons within certain age limits residing in the United States are subject to service in the armed forces of this country, the United States Government recognized that from the standpoint of morale of the individual concerned and the military efforts being made by all the United Nations against the Axis powers, it would be desirable, as pointed out in its note under reference, to permit certain aliens on a purely voluntary basis to enlist in the armed forces of a co-belligerent country. It was in recognition of this that it was decided to permit aliens who are nationals of co-belligerent countries and who had not declared their intention to become American citizens to enlist in the armed forces of their respective countries.
While the United States Government appreciates to the fullest extent the motives which prompted the Polish Government to express the hope that in its case an exception could be made to the Selective Service legislation, you will readily understand, in view of the foregoing, that it is not possible for this Government because of legal restrictions to accord any exceptions to the provisions of the Selective Service Training and Service Act of 1940, or to accord privileges beyond those granted in its note of March 30, 1942.
Accept [etc.]
- Not printed.↩
- A copy of the Polish note of July 6 was transmitted by the Secretary of State to the Director of the Selective Service System, General Lewis B. Hershey, on July 11, 1942, for his consideration. General Hershey replied on July 24, giving his opinion on the matter. Copies of the Polish note of July 6, the legal opinion of the Director of the Selective Service System, and the draft of this reply to the Polish note were then sent by the Acting Secretary of State on August 29 to the President for his approval.↩