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Secretary Baker states that this matter has been called to the attention of the Commanding General of the American Expeditionary Forces, with instructions to take steps to correct this situation. The Secretary of War adds that any assistance which the French Government can render the Commanding General of the American Expeditionary Forces in locating men of the classes referred to by Your Excellency will facilitate a proper disposition of their cases. Accept [etc.]
[Received September 9.] MR. SECRETARY OF STATE: By note of July 5 last Your Excellency was pleased to inform me that the President of the United States, in his capacity as Commander in Chief of the armed forces of that country, had authorized Your Excellency to propose to me a settlement, by an exchange of notes, of the question of penal military jurisdiction over the Belgian and American Armies jointly participating in the present war.
Your Excellency was pleased to reproduce in that note the terms of the contemplated arrangement, the French text of which is as follows:
[Here follows the French version of the English text quoted in note of July 5, ante, page 747.]
Duly authorized thereto by my Government, I have the honor to inform Your Excellency that the terms of the aforesaid note are accepted by it and that the provisions therein contained are in consequence executory from this moment.1
My Government proposes immediately to publish, to that end, the notes thus exchanged, in the Moniteur Belge. I avail myself [etc.]
E. DE CARTIER
[Received 7.17 p. m.] 4452. Your 264, July 17, 5 p. m.? Maintenance of discipline among American troops stationed in the United Kingdom. Foreign Office inform me that British military authorities are prepared in
1 The two Governments agreed in 1933 that the arrangement of Sept. 6, 1918, was no longer binding. (Belgian note of Feb. 18, 1933; instruction of Apr. 6, 1933, to the Chargé in Belgium. File No. 811.203/93.)
-Ante, p. 748.
deference to wishes of the United States Government to agree to omission from the proposed agreement of the terms mentioned in the memorandum marked “A” communicated in Embassy's telegram 9748, April 27, 1 a. m. [p. m.]' and inquire whether the United States Government would now be prepared to enter into an agreement on terms similar to those of Franco-American note of January 14 last ? and if so whether it is desired that British Government submit craft for consideration.
File No. 811.203/37
The Acting Secretary of State to the Ambassador in Great Britain
WASHINGTON, January 20, 1919, 6 p. m. 4160. Your 4452 December 9, 6 p. m. You may communicate with British Government in sense of following: It is agreeable to Government of United States to enter into an agreement with Great Britain on terms similar to those of Franco-American note of January 14, 1918, and Government of United States suggest that British Government submit draft of agreement for consideration.
File No. 811.203/39
LONDON, March 21, 1919, 5 p. m.
[Received 5.12 p. m.] 1469. Your 4160, January 26 , 6 p. m. Foreign Office just informs me British military authorities are inclined to the opinion that it has now become unnecessary owing to the present military situation to proceed with the agreement referred to in the Department's 4160 but requests that the views of the United States Government on this point may be obtained and adds that should it still desire the agreement to be proceeded with the British military authorities will readily submit a draft for the consideration of the Department.
*Ante, p. 744.
’Ante, p. 736.
File No. 811.203/40
WASHINGTON, April 11, 1919, 6 p. m. 5106. Your 1469, March 21, 5 p. m.
War Department is of opinion that such an agreement as that proposed is desirable both as a practical solution of questions that have arisen or that may hereafter arise by reason of the presence of American forces on British soil, as a result of the present war..
Communicate foregoing to Foreign Office and request it to submit at an early date a draft of proposed agreement for consideration by Department.
File No. 811.203/42
The Chargé in Great Britain (Wright) to the Secretary of State
LONDON, June 5, 1919.
[Received June 28.] Sir: With reference to the Department's telegram No. 5106 of April 11, 6 p. m., in regard to the maintenance of discipline amongst the American troops stationed in this country, I have the honor to report that, in compliance with the instructions of the Department, the contents of the above telegram were brought to the attention of the Foreign Office, with the request that a draft of the proposed agreement be submitted for the consideration of the Department.
I now have the honor to transmit herewith a copy of a note, No. 79756/45.A., of May 31, 1919, which has been received from the Foreign Office in the premises, together with a copy of the draft agreement therein enclosed. I have [etc.]
J. BUTLER WRIGHT
[Enclosure) The British Acting Secretary of State for Foreign Affairs (Curzon)
to the American Ambassador (Davis) No. 79756/45.A.
Earl Curzon of Kedleston presents his compliments to the United States Ambassador and, with reference to the note which His Excellency was good enough to address to him on the 12th ultimo, relative to the maintenance of discipline amongst American troops stationed in the United Kingdom has the honour to transmit here
with a draft of the proposed agreement in accordance with the wishes of the United States Government.
Lord Curzon desires to point out that the draft agreement refers only to persons subject to military law and that, if it is desired to extend its scope to cover persons subject to naval or air force law, it will be necessary to consult the Admiralty and the Air Ministry.
LONDON, May 31, 1919.
[Subenclosure) Draft of an Agreement to be Entered into betireen the Government
of the United States of America and the Government of Great Britain
The Government of Great Britain and the Government of the United States of America agree to recognise during the present war the exclusive jurisdiction of the tribunals of their respective Armies with regard to persons subject to the military law of those Armies whatever be the territory in which they operate or the nationality of the accused.
In the case of offences committed jointly or in complicity by persons subject to the military law of the said Armies the principals and accessories subject to the military law of the American Army shall be handed over to American jurisdiction and the principals and accessories subject to the military law of the British Army shall be handed over to British jurisdiction.
The Government[s] of Great Britain and the United States of America further agree to recognise during the present war the exclusive jurisdiction within American territory of American justice over persons not subject to the military law of the British Army who may commit acts prejudicial to the said Army and the exclusive jurisdiction of British justice within British territory over persons [not] subject to the military law of the American Army who may commit acts prejudicial to the said Army.
This agreement shall be regarded as having effect as from the 22d day of March 1918.
File No. 811.203/45
[Received July 16.] MR. SECRETARY OF STATE: My Government has just advised me that owing to the delay to be foreseen in the departure of Allied troops and services from France, it deems it expedient to maintain in operation even after the treaty of peace is ratified the declarations relative to military penal jurisdiction.
It therefore wishes me to propose to the Federal Government simultaneously to publish at an early date a note to the effect that the two Governments concerned have agreed to maintain in full force and effect, until further notice, the Franco-American declaration of January 3/14, 1918.
I should be thankful to Your Excellency if you would kindly let me know at your earliest convenience how this proposal was received by the Federal Government. Be pleased to accept [etc.]
File No. 811.203/50
The Secretary of State to the French Ambassador (Jusserand)
WASHINGTON, August 10, 1919. EXCELLENCY: I have the honor to refer to your note of July 13, 1919, in which you state that your Government deems it expedient to maintain, even after the treaty of peace is ratified and until further notice, the Franco-American arrangement of January 3-14, 1918, relative to military penal jurisdiction.
I have the honor to inform you that such continuation appears desirable also to this Government, and to propose that this arrangement, after the conclusion of peace, continue to be recognized in full force and effect until 30 days after notice of its termination shall have been given by either Government.
Should this modification in regard to the termination of the aforesaid arrangement be acceptable to the Government of the French Republic, your formal notification in writing to that effect will be understood on the part of the Government of the United States as giving validity to the proposed modification, and I shall be glad to receive your assurance that it will be so understood also on the part of the Government of the French Republic. Accept [etc.]
File No. 811.203/53
The Secretary of State to the Ambassador in Great Britain (Davis)
WASHINGTON, August 13, 1919, noon. 5804. Reference your despatch No. 837, June 5, 1919.
Propose to Foreign Office that arrangement be made in regard to military penal jurisdiction in following form:
The Government of the United States of America and the Government of Great Britain recognize during the war, and until 30 days