will not be under the necessity of conscripting Irishmen in the United States. Such legislation, except perhaps to a very limited extent, is impossible here, for the reason that it amounts to subjecting Irishmen to military obligations which they do not have at all at home. The feeling here in some quarters is very strong on this point-perhaps enough to wreck the convention if it is aroused. As the convention does not apply to Americans in Ireland, there would seem to be no more reason why it should apply to Irishmen in the United States than to Australians in the United States, who, of course, do not fall within its terms. For information of the Senate and in explanation of nonreciprocal character of the proviso of article 1, it is proposed that an exchange of notes be made explaining that the Military Service Acts of Great Britain subject to liability to military service persons between the ages of 18 and 41, both inclusive, and that in order to avoid the delay incident to modifying this act of Parliament, the Government of the United States will exercise its right under article 3 to exempt all Americans subject to this convention outside of the ages of 21 to 30 years, both inclusive. If the British Government interpose no objection, this exchange of notes will be made here. It is of the utmost importance for political reasons that these agreements be signed at the earliest moment, on account of the growing agitation in Congress and throughout the country. You cannot emphasize too strongly the urgency of early signature, in order to forestall drastic legislation under consideration now by Congress. Following is text of British agreement in full: His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and the President of the United States of America being convinced that for the better prosecution of the present war it is desirable that British subjects in the United States and United States citizens in Great Britain shall either return to their own country to perform military service in its army or shall serve in the army of the country in which they remain, have resolved to enter into a convention to that end and have accordingly appointed as their plenipotentiaries His Britannic Majesty and the President of the United States, who, after having communicated to each other their respective full powers found to be in proper form have agreed upon and concluded the following articles: 1. All male British subjects in the United States and all male citizens of the United States in Great Britain shall, unless before the time limited by this convention they enlist or enroll in the forces of their own country or return to the United States or Great Britain, respectively, for the purpose of military service, be subject to military service and entitled to exemption or discharge therefrom under the laws and regulations from time to time in force, of the country in which they are; Provided, That in respect to British subjects in the United States the ages for military service shall be for the time being 20 to 40 years, both inclusive. 2. Citizens of the United States and British subjects within the age limits aforesaid who desire to enter the military service of their own country must after making such application therefor as may be prescribed by the laws or regulations of the country in which they are, enlist or enroll or must leave Great Britain or the United States as the case may be for the purpose of military service in their own country before the expiration of 60 days after the date of the exchange of ratifications of this convention, if liable to military service in the country in which they are at said date; or if not so liable, then before the expiration of 60 days after the time when liability shall accrue; or as to those holding certificates of exemption under article 3 of this convention, before the expiration of 60 days after the date on which any such certificate becomes inoperative unless sooner renewed; or as to those who apply for certificates of exemption under article 3, and whose applications are refused, then before the expiration of 60 days after the date of such refusal, unless the application be sooner granted. 3. The Government of the United States and His Britannic Majesty's Government may through their respective diplomatic representatives issue certificates of exemption from military service to citizens of the United States in Great Britain and British subjects in the United States, respectively, upon application or otherwise if the applications be made or if the certificates be granted prior to their entry into the military service of either country. Such certificates may be special or general, temporary or conditional, and may be modified, renewed, or revoked in the discretion of the government granting them. Persons holding such certificates shall so long as the certificates are in force, not be liable to military service in the country in which they are. 4. This convention shall not apply to (a) British subjects in the United States who are defined as Canadians "in any convention relating to military service which may be concluded between the United States Government and His Britannic Majesty's Government, (b) to British subjects in the United States who before proceeding to the United States were ordinarily resident in some part of the British Dominions other than Great Britain. 5. Persons who possess both British and American nationality shall be regarded for the purpose of this convention as possessing exclusively the nationality of the country in which they are. 6. His Britannic Majesty's Government and the Government of the United States will, respectively, so far as possible facilitate the return of citizens of the United States and British subjects who may desire to return to their own country for military service but shall not be responsible for providing transport or the cost of transport for such persons. 7. No citizen or subject of either country who under the provisions of this convention enters the military service of the other shall by reason of such service be considered after this convention shall have expired or after his discharge to have lost his nationality or to be under any allegiance to the United States or to His Britannic Majesty as the case may be. 8. The present convention shall be ratified by His Britannic Majesty and by the President of the United States of America by and with the advice and consent of the Senate of the United States and the ratifications shall be exchanged at Washington as soon as possible. It shall come into operation on the date on which the ratifications are exchanged and shall remain in force until either country shall cease to be a co-belligerent in the present war. Whereupon any citizen or subject of either country incorporated into military service under this convention shall be discharged therefrom. In witness whereof the respective plenipotentiaries have signed the present convention and have affixed thereto their seals. Done at London in duplicate the -- day of Following is text of Canadian agreement omitting preamble and articles 4, 5, 6, and 7, which are identical with articles 5, 6, 7, and 8, respectively, of British agreement: 1. All male citizens of the United States in Canada (hereinafter called Americans) and all male British subjects in the United States (a) who were born or naturalized in Canada and who, before proceeding to the United States, were ordinarily resident in Great Britain or Canada or elsewhere outside the British Dominions; or (b) who were not born or naturalized in Canada, but who, before proceeding to the United States, were ordinarily resident in Canada (hereinafter called Canadians) shall, unless before the time limited by this convention they enlist or enroll in the forces of their own country or return to the United States or Canada, respectively, for the purpose of military service, be subject to military service and entitled to exemption or discharge therefrom under the laws and regulations, from time to time in force, of the country in which they are: Provided, That in respect to Canadians in the United States the ages for military service shall be for the time being 20 to 40 years, both inclusive, and in respect to Americans in Canada, the ages for military service shall be for the time being 21 to 30 years, both inclusive. 2. Americans and Canadians within the age limits aforesaid who desire to enter the military service of their own country must enlist or enroll or must leave Canada or the United States, as the case may be, for the purpose of military service in their own country before the expiration of 60 days after the date of the exchange of ratifications of this convention, if liable to military service in the country in which they are at said date; or if not so liable, then before the expiration of 60 days after the time when liability shall accrue or as to those holding certificates of exemption under article 3 of this convention, before the expiration of 60 days after the date on which any such certificate becomes inoperative unless sooner renewed; or as to those who apply for certificates of exemption under article 3, and whose applications are refused, then before the expiration of 60 days after the date of such refusal, unless the application be sooner granted. 3. The Government of the United States, through the Consul General at Ottawa, and His Britannic Majesty's Government through the British Ambassador at Washington may issue certificates of exemption from military service to Americans and Canadians, respectively, upon application or otherwise, if the applications be made or if the certificates be granted prior to their entry into the military service of either country. Such certificates may be special or general, temporary or conditional, and may be modified, renewed, or revoked in the discretion of the government granting them. Persons holding such certificates shall, so long as the certificates are in force, not be liable to military service in the country in which they are. LANSING File No. 811.2222/3208 The Ambassador in Great Britain (Page) to the Secretary of State [Telegram] LONDON, January 30, 1918, 1 p. m. 8440. The British authorities are greatly disturbed at the prospect of losing three-quarters of the eligible British subjects remaining in the United States under the terms of the proposed military agreement which, while providing in theory that all such men within the agreed age limits of 20 to 40 will become liable for service, give them in fact a three-to-one chance of exemption in that they will be subject to the selective draft under United States law. They have brought this question up with me, informally but very urgently, stating that you have replied to their solicitations through the British Embassy in Washington, that difficulties of military administration make it impossible for the United States to accept the proposal that such men will immediately after the delay of 60 days be called upon for service in the United States Army. They ask me exactly what these difficulties are, and I beg for detailed information on this point to explain your position. At the same time I venture to suggest compliance with the British request unless the administrative difficulties are indeed insuperable, since I understand you have no objection in principle to the proposal and the matter is regarded here as of great importance. In addition, it seems possible that the effect in the United States might be unfortunate should fit British subjects escape the service they would have to perform in their own country while American citizens among whom they live are taken. PAGE File No. 811.2222/3208 The Secretary of State to the Ambassador in Great Britain (Page) [Telegram] WASHINGTON, February 2, 1918, 4 p. m. 6421. Your 8440, January 30, 1 p. m. The proposal that British subjects under the conscription agreement shall immediately after 60 days be called upon for service in the United States Army is the old one which was made by the British Government in October last and transmitted in your 7571, October 31, and which was declined in Department's telegram of November 10.2 We had supposed, therefore, particularly in view of the British Government's note of January 9 transmitted in your 8219, January 10,3 that this matter had been definitely dropped. The point came up again in discussion with Major Mitchell-Innes and in the British Embassy's note of January 22,3 and was disposed of in the same manner orally. Moreover, Canada has never raised the question. As the acceptance of this proposal is a matter entirely for the War Department, I will set forth its objections to the proposal as I understand them: 1. It is impracticable to equip and train more soldiers in the United States at the present time than are being taken care of now in raising the American Army. American industries are being pressed to the utmost to furnish supplies for their equipment. 2. If the proposal means that British subjects should be placed in the military service immediately without reference to exemption on account of dependency or industrial connections, it is doubtful whether such legislation could be obtained from Congress, on account of the feeling it would arouse by drawing men from essential industries and casting dependents upon the country for support. As the United States is the great supply country for the co-belligerents, this feature of the draft of males in the United States cannot but be given a place in the consideration of the matter. 3. The administrative difficulty of incorporating a large body of aliens immediately into the Army as now organized and sent to France. In this relation it may be mentioned that practically all of the points made against the convention by the British Government have been acceded to by the United States except this one. The insistence of the British Government on this point throughout the negotiations has conduced to delay and has served no purpose but to postpone the attainment of the object sought, namely the procurement of manpower by voluntary enlistment and by compulsory service under the agreement. 3 1Ante, p. 650. Ante, p. 653. Not printed. |