Foreign Relations of the United States: Diplomatic Papers, 1943, The British Commonwealth, Eastern Europe, the Far East, Volume III

811.203/252

Memorandum of Telephone Conversation, by the Assistant Chief of the Division of European Affairs (Hickerson)

[Washington,] February 2, 1943.

About a week ago Mr. Pearson, Minister Counselor of the Canadian Legation, informed me that the Canadian Government had instructed the Legation to send us a note, in effect, turning down our offer of last October to contract an agreement with Canada to give the armed forces of each country stationed in the territory of the other complete jurisdiction over its own forces. Mr. Pearson said that before sending us such a note he thought it desirable to inquire orally and informally of me about the degree of importance which we attached to this matter. I told Mr. Pearson at once that I was sure that we attached great importance to it and that we would wish the Canadian Government to reconsider this matter but that I would talk to some of my colleagues and discuss the matter with him further.

After talking to Mr. Yingling of the Legal Adviser’s Office about this question I called Mr. Pearson on the telephone on Saturday, January 30, and informed him substantially as follows:

The military departments of the United States Government, particularly the War Department, attach very great importance to this proposed agreement. The United States Government has already reached agreements in this same sense with Great Britain, Australia, New Zealand and other parts of the British Commonwealth.¹ Those agreements are less definite as to reciprocity than our draft to Canada² which was explicit on this point. It seems to us that from every point of view it is desirable to have this agreement and in view of our offer of complete reciprocity to Canada we are surprised and a little perplexed at the Canadian attitude. I went on to say that the War Department has been pressing us constantly for an answer for some time and that we not only hope that the Canadian Government will reconsider this matter but that they will reach a favorable decision as promptly as possible.

I added that it is our view that under International Law our forces would be entitled to jurisdiction over our troops stationed in Canada with the consent of the Canadian Government.

Mr. Pearson said that he would urge the Canadian Government to reconsider this matter.

J[ohn] D. H[ickerson]

1. See Foreign Relations, 1942, vol. i, pp. 537 ff.
2. Not found in Department files.