811.2222 (1940)/3764

The Secretary of State to the Attorney General ( Biddle )

My Dear Mr. Attorney General: I refer to a communication dated March 20, 1943,23 addressed by Mr. Edward J. Ennis, Director, Alien Enemy Control Unit, Department of Justice, to Mr. Joseph C. Green, Chief, Special Division, Department of State, regarding the problem [Page 91] of dealing with alien enemy nationals who are unacceptable for induction into the armed forces of the United States, in which it is proposed that all such persons presently classified 4–C shall be reclassified and that those who emerge in class 1–A will then be offered the choice either of accepting induction for unqualified military service or of being sent to special camps to be supervised by the Immigration and Naturalization Service.

The German Government through Swiss channels has suggested to this Government the renewal of the general exchange of nationals.24 The German Government stated that it is prepared to give to all American citizens in Germany and German-occupied territory an opportunity to return home under safe conduct on the condition that reciprocal treatment be given German citizens in the United States. The German communication ended with the statement that it depends on the decision of the United States Government how long American citizens must remain interned in Germany. The Department of State, which does not deem it in the public interest to reply to the German Government, notes that this final statement contains an implied threat of the German Government in its reminder that United States citizens are in its power.

Since this Government has not accepted the proposal of the German Government with regard to the general exchange of nationals, American citizens in German and German-occupied territory must continue to remain under the control of the German Government. An increasing proportion of them are being interned but the German Government has not, so far as the Department is informed, forced them against their will to join combatant units in the German armed forces as an alternative to internment.

The German Government has shown that it is closely watching the actions of this Government with regard to German nationals in the United States and has given evidence of an intention to reflect in its treatment of Americans subject to German control the treatment received by Germans in the United States. For example, shortly after this Government communicated to the Protecting Power for German Interests in the United States and to the Delegate in the United States of the International Red Cross Committee its intention to establish family camps for internees, the German Government communicated a like intention as respects American internees under its control to the International Red Cross Committee. Although this Government has not received from the German Government any direct threats of reprisal for alleged mistreatment of German nationals in this country, the experience of the British Government indicates that the German Government is quick to apply to enemy nationals in its hands what [Page 92] it describes as “equal treatment” in retaliation for measures by opposing belligerents that in its opinion justify reprisal action.

This Department concurs in the view that enemy aliens in the United States who have declared their unwillingness to serve in our armed forces should not be forced against their will to perform such service. This Department furthermore perceives no objection to the internment of such enemy aliens who, upon examination or reexamination under the procedure presently established, are determined to be potentially dangerous to the internal security of this country. This Department, however, cannot concur in that part of the proposal which contemplates that every enemy alien called for military service must either serve in the American military forces or suffer what is in effect internment regardless of what term may be applied to it.

If such a procedure should be adopted, this Government would be in the position of using the threat of internment to force alien enemies to serve in its armed forces against their will, and might reasonably expect that the German Government would adopt strong measures of reprisal against those American citizens who may now be in its hands or who may later fall within its power. Such an expectation seems the more to be anticipated in view of the implied threat of the German Government referred to above indicating its disposition to make use of the Americans in its power as pawns to attain its own ends.

With regard to the induction into the American Army of alien enemy nationals, I refer to Article 23 of the Regulations respecting the Laws and Customs of war on Land annexed to the Hague Convention of October 18, 1907.25 That article in part provides that “a belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war”. In view of Article 2 of the Hague Convention, these provisions do not apply in the present war since all of the belligerents are not parties to the Convention. They embody, however, a principle which was accepted by all the parties to the Hague Convention as a proper rule of conduct with regard to civilian alien enemies and which should, in the opinion of this Department, be observed, especially since there is nothing to indicate that the enemy countries are not observing them with respect to American citizens.

Following the declarations of war by the United States the American Government promptly declared its attitude with regard to the internment of civilian alien enemies within this country. A telegraphic [Page 93] instruction dated January 12, 1943, to the American Legation at Bern,26 the contents of which the Legation was directed to make known to the German Government through Swiss channels, stated in part that the Government of the United States was itself applying to civilian enemy aliens in this country as liberal a regime as is consistent with the safety of the United States; that there had been no mass internment of such aliens, and that of the comparative few apprehended, those individuals whose liberty was found not to be contrary to the safety of the United States would be unconditionally released or paroled. The internment of civilian alien enemies who are not potentially dangerous to the internal security of this country would appear to be inconsistent with the attitude of this Government as expressed in the foregoing instruction to the American Legation at Bern. Unless the security of the United States should be involved, the Department does not deem it advisable at this time to reexamine the position taken in the instruction to the American Legation at Bern with regard to the internment of civilian alien enemies in the United States.

I recognize that in some localities the presence of enemy aliens who have been rejected for military duty may be a disturbing factor. I believe, however, that adequate police measures, short of internment, may be adopted which will take care of such situations as they may arise.

I am addressing similar letters to the Secretary of War and the Secretary of the Navy.

Sincerely yours,

Cordell Hull
  1. Not printed.
  2. See telegram No. 2040, April 1, from the Minister in Switzerland, p. 86.
  3. Foreign Relations, 1907, pt. 2, p. 1155.
  4. Not found in Department files.