860C.2222/24
The Polish Ambassador ( Ciechanowski ) to the Secretary of State
Sir: I have the honor to refer to your note No. 860C.2222/16 of September 1, 1942 in reply to my note No. 745/SZ–52 of July 6, 1942,16 concerning the enlistment in the Polish Armed Forces of Polish citizens residing in the United States.
The Government of the United States and the Polish Government have exchanged communications with regard to their respective legislations concerning the principles and obligations of military service. On the one hand, and under the provisions of the United States Selective [Page 218] Training and Service Act of 1940, every male citizen of the United States and any male person residing in the United States between the ages of 18 and 65 is subject to registration. 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. On the other handy the provisions of the Polish Military Service Act of March 9, 1939, stipulate the obligation of military service in the Polish Armed Forces of every Polish citizen, irrespective of where he permanently or temporarily resides.
The Polish Government readily understand that the legal restrictions of the Selective Service Training and Service Act of 1940 make it difficult for the Government of the United States to accord such exceptions, relating to the obligation of military service, as would coincide with the Polish legislation relating to Military Service. At the same time and on the grounds of the same instance it would not be possible for the Polish Government to alter their legislation, establishing the principles of military service in the Polish Armed Forces, which is based on the provisions of Polish Constitutional Law.
In view, however, of the present extraordinary situation of the Polish Government and the Polish Armed Forces, the President of the Republic of Poland issued a decree dated August 8, 1942, determining, for the period of the war, the obligations of Polish citizens abroad relative to military service and the conditions under which they are liable of preserving Polish citizenship while serving in the Armed Forces or other Services of a Co-Belligerent Country.
The Polish Government fully appreciate the friendly understanding of the Government of the United States with regard to the Polish Armed Forces and the war effort of the Polish Nation since the 1st of September 1939, and welcome most particularly the readiness of the Government of the United States (in view of the exceptional situation of the Polish Armed Forces as presented in my note of July 6, 1942) to accord such exceptions to the Selective Service Act of 1940 as expressed in your note of March 30, 1942, reaffirmed on September 1, 1942, thereby making it possible notwithstanding differences of respective legislations to reach a reciprocally satisfactory arrangement.
The Polish Government would be willing to accept, on the basis suggested in your note of March 30, 1942, an arrangement with the Government of the United States which would make it possible:
- a)
- for all Polish citizens residing in the United States, who are liable to register under the provisions of the Selective Training and Service Act of 1940, to enlist in the Polish Armed Forces should they so desire;
- b)
- for all Polish citizens, who have already been drafted in the Armed Forces of the United States, to be given the opportunity to transfer, if they so desire, to the Polish Armed Forces.
The Polish Government would be prepared to conform to the lettered paragraphs (a), (b), (c) of your note of March 30, 1942.17
I have the honor to suggest that, as regards enlistment and transfer of Polish citizens residing in the United States, to the Polish Armed Forces, the same procedure be applied as that which is in operation between the Government of the United States and the Government of Canada.
Accept [etc.]
- Latter not printed.↩
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In connection with this paragraph on the third and fourth pages of the Polish note, Mr. Elbridge Durbrow of the Division of European Affairs stated in a memorandum of October 30, 1942, that he had explained to Mr. Michal Kwapiszewski, the Counselor of the Polish Embassy, as follows: “… the competent officials had indicated that they would appreciate receiving a further clarification of the acceptance by the Polish Government of the principles laid down in the Department’s note of March 30, 1942. In this regard I informed Mr. Kwapiszewski that the competent officials would appreciate a specific written statement indicating that the acceptance contained in pages 3 and 4 of the Polish note under reference be clarified to show definitely that the phrase ‘all Polish citizens’ refered only to Polish citizens in the United States who had not declared their intention to become American citizens. Mr. Kwapiszewski promised to send a supplementary note clarifying this point.”
In the supplementary note of October 31, 1942, there was the statement that paragraph a) of the note of October 13, 1942, “means that the Government of the United States would make it possible for all Polish citizens who have not declared their intention of becoming American citizens and who are liable to register under the provisions of the Selective Training and Service Act of 1940, to enlist in the Polish Armed Forces should they so desire.” This statement was not entirely satisfactory to officials of the Department of State because paragraph b) of the Polish note of October 13, 1942, was apparently not covered, and the matter was further considered.
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