811.203/411: Telegram
The Ambassador in the United Kingdom (Winant) to the Secretary of State
[Received March 5—5:44 p.m.]
1808. I am gratified to report that I have received under cover of a personal letter from Mr. Eden a lengthy footnote dated February 29 with an annex49 which accepted the suggestion made in my note of January 19, 1944 (Embassy despatch 13491 [13411], January 20;50 Department’s 182, January 7 and 447, January 18) to Eden stating that the British Government will pay under reverse Lend-Lease claims of British nationals for injuries arising out of acts of personnel of the armed forces of the United States in line of duty. The claims as to which the British Government are willing to accept responsibility are [Page 135] defined in the footnote but in conformity with the general scope of request presented to it. The British Government is “prepared to undertake certain responsibilities the settlement of these claims on behalf of the United States Government as a reciprocal aid service”.
It is, however, stated in the footnote that the British Government assumes that “the United States will be willing to make similar arrangements for the settlement of civil claims of like nature arising against members of His Majesty’s forces in the United States in the course of their duties.”
While I do not overlook the content of Department’s 447 regarding the availability of funds at the present disposal of the Department or of the War and Navy Departments for purpose just referred to I earnestly hope that every possible means of granting this reciprocity will be explored including the President’s contingency fund. The Lend-Lease mechanism would seem available to provide the small sums which will be required. Resort to this agency is clearly justified by fact that we are asking the British Government to deal with this whole matter as one of reverse Lend-Lease upon grounds set out in Department’s 182. Moreover, a precedent exists in the reciprocal handling of maritime claims under agreement of December 4, 1942.51
It is of first importance that this solution which is our suggestion and which has, after hesitation and reluctance, been accepted by the British Government shall not be defeated by refusing the reciprocal undertaking which the British Government feels to be required not only as matter of fairness but as necessary to its justification. Despite the prolonged study of the matter no other way of putting an end to this difficult and dangerous problem now appears to have any chance of mutual acceptance. It is of first importance to bring into force the arrangement to which the British Government has consented subject to foregoing assumption.
I have informed General Eisenhower and Admiral Stark of the favorable reply of the British Government to our proposal.
Copies of Mr. Eden’s letter, of Foreign Office note of acceptance and of annex which deals primarily with administration details of setting in motion and continued operation of proposed arrangement are being forwarded by air mail.52 La Rue Brown representative here of Attorney General is leaving for Washington and will take with him a copy. Brown has been thoroughly familiar with this problem from its inception and has participated in various discussions in London which have brought matter to its present state. I am instructing him to examine situation with the Department.
[Page 136]I request as matter of urgency Department’s authorization to put proposed arrangement with British Government into immediate effect upon the reciprocal basis requested. This matter has caused more difficulty in friendly relationship with the British Government and has done more injury with the public at large than any issue that I have had to deal with since coming to London. In my judgment the immediate solution of this matter is so essential as to merit the personal attention of the President if necessary.
- For text of letter and annex, see Department of State Treaties and Other International Acts Series No. 1602.↩
- Despatch not printed.↩
- Agreement between the United States and the United Kingdom of Great Britain and Northern Ireland concerning problems of marine transportation and litigation, signed at London; for text, see Department of State Executive Agreement Series No. 282, or 56 Stat. (pt. 2) 1780.↩
- Despatch 14273, March 6, 1944, and enclosures not printed.↩