ing registration of other classes of Americans, whereupon those classes will come within the scope of the convention. I trust that your Government will appreciate the necessity on the part of the United States of retaining this classification of American citizens as to ages in order not to confuse the registration machinery in the United States and abroad, and will consequently concur in this interpretation of the proposed convention. This is the understanding which has been arrived at with Great Britain on this point. A second point which I am desirous of having clearly understood is that registration for military service in the United States of those American citizens who attained military age on June 5, 1917, or June 5, 1918, as above mentioned, shall be regarded as "enrollment " within the meaning of that term in the convention, so that such citizens who have registered, or who shall hereafter register in the United States or abroad will not be subject to Italian military service laws. They will then, in fact, have complied with the clause in article 1 reading, "unless before the time limited by this convention they enlist or enroll in the forces of their own country for the purpose of military service." The term "enrollment " has been used in the convention with Great Britain and Canada with this understanding. I shall be pleased if you will be good enough to advise me of your Government's concurrence in these two interpretations of the convention. I am [etc.] ROBERT LANSING File No. 811.2222/13175 The Italian Ambassador (Macchi di Cellere) to the Secretary of State No. 2112 [Translation] WASHINGTON, August 19, 1918. MR. SECRETARY OF STATE: Your Excellency was pleased in connection with the contemplated military convention between Italy and the United States, to advise me, by your note of the 15th instant, of the precise meaning attached by the Government of the United States to that part of article 1 which provides that in regard to citizens of the United States the limits of military age shall be those set by the laws of the United States relative to obligatory military service. [Here follows the substance of the Secretary's note of August 15, supra.] I therefore have the honor to assure you that the Royal Government will put upon the age limit for the enrollment of American citizens in Italy and upon the phrase "they enroll" the interpreta 59665-33-46 tion put by the Government of the United States upon those two points of the military convention soon to be concluded between Italy and the United States that have been made clear in the note which I have the honor to answer. Accept [etc.] MACCHI DI CELLERE File No. 365.117/649 The Secretary of State to the Italian Ambassador (Macchi di Cellere) No. 456 WASHINGTON, October 15, 1918. EXCELLENCY: I have the honor to inform Your Excellency of the receipt of a letter of September 26, from Representative W. Frank James,1 in which he inquires whether naturalized American citizens of Italian birth, who on account of the nature of their employment, are exempted from military service or given deferred classification under the Selective Service Act, would in the event of their return to Italy, be treated as deserters because of their failure to respond to the call to service in Italy. I shall be pleased to receive an expression of your views regarding the matter. Accept [etc.] ROBERT LANSING File No. 367.117/653%2 The Italian Ambassador (Macchi di Cellere) to the Secretary of State No. 2538 [Translation] WASHINGTON, October 17, 1918. MR. SECRETARY OF STATE: In reply to Your Excellency's note No. 456, of the 15th instant, I have the honor to inform Your Excellency that the military status under the law of Italy of persons of Italian extraction naturalized as American citizens, and exempted or discharged from the military service under the American law, immediately upon the going into effect of the recent military convention between Italy and the United States, will be as follows: Persons of Italian extraction naturalized as American citizens, will be, for the purposes of the convention, considered to be Americans and placed in the American Army. In order, however, to regulate their status with regard to the law of Italy, they shall, if inducted into the American Army, forward through their own regiment or The Adjutant General to the "Special Office of the Italian Embassy of the Italian Emigration Bureau," proof that they are doing military service in the American Army; and if not inducted (exempted, de"Post, p. 726. 1Not printed. ferred classification, etc.) they shall inform the Italian Consul of their place of residence, and furnish evidence that they have performed their military duties in accordance with the American law. Thereupon the Royal consuls will provide by sending to Italy appropriate lists for the cancellation of the charge of delinquency entered against the men concerned. MACCHI DI CELLERE Accept [etc.] Treaty Series No. 636 Convention between the United States and France Providing for Reciprocal Military Service, Signed at Washington, September 3, 1918 1 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS a Convention between the United States of America and the French Republic providing for the reciprocal military service of citizens of the United States in France and citizens of the French Republic in the United States, was concluded and signed by their respective Plenipotentiaries at Washington, on the third day of September, one thousand nine hundred and eighteen, the original of which Convention, being in the English and French languages, is word for word as follows: 2 The President of the United States of America and the President of the French Republic, being convinced that for the better prosecution of the present war it is desirable that American citizens in France and citizens of France in the United States 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 the President of the United States of America, Robert Lansing, Secretary of State of the United States, and the President of the French Republic, J. J. Jusserand, Ambassador Extraordinary and Plenipotentiary to 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: ARTICLE I All male citizens of the United States in France and all male citizens of France in the United States shall, unless before the time 1 1 Ratification advised by the Senate, Sept. 19, 1918; ratified by the President, Sept. 26, 1918; ratified by France, Oct. 15, 1918; ratifications exchanged at Washington, Nov. 8, 1918; proclaimed, Nov. 11, 1918. 2 French text not printed. limited by this Convention they enlist or enroll in the forces of their own country or return to the United States or France, 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 citizens of the United States in France, the ages for military service shall be the ages specified in the laws of the United States prescribing compulsory military service, and in respect to citizens of France in the United States the ages for military service shall be for the time being twenty to fortyfour years, both inclusive. ARTICLE II Citizens of the United States and citizens of France within the age limits aforesaid who desire to enter the military service of their own country must enlist or enroll or must leave France or the United States as the case may be for the purpose of military service in their own country before the expiration of sixty 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 thirty days after the time when liability shall accrue; or as to those holding certificates of exemption under Article III of this Convention, before the expiration of thirty 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 III, and whose applications are refused, then before the expiration of thirty days after the date of such refusal, unless the application be sooner granted. ARTICLE III The Government of the United States and the Government of the French Republic may, through their respective diplomatic representatives, issue certificates of exemption from military service to citizens of the United States in France and citizens of France in the United States, respectively, upon application or otherwise, within sixty days from the date of the exchange of ratifications of this Convention or within thirty days from the date when such citizens become liable to military service in accordance with Article I: Provided, that the applications be made or 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. ARTICLE IV The Government of the United States and the Government of the French Republic will, respectively, so far as possible facilitate the return of citizens of France and of the United States 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. ARTICLE V No citizen 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 France, as the case may be. ARTICLE VI The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of the United States, and by the President of the French Republic, and the ratifications shall be exchanged at Washington or at Paris as soon as possible. It shall come into operation on the date on which the ratifications are exchanged and shall remain in force until the expiration of sixty days after either of the contracting parties shall have given notice of termination to the other. Whereupon any citizen of either country incorporated into the military service of the other under this Convention shall be as soon as possible discharged therefrom. IN WITNESS WHEREOF, the respective Plenipotentiaries have signed. the present Convention and have affixed thereto their seals. DONE in duplicate at Washington, the 3rd day of September in the year of our Lord one thousand nine hundred and eighteen. ROBERT LANSING [SEAL] JUSSERAND [SEAL] AND WHEREAS the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington on the eighth day of November, one thousand nine hundred and eighteen; NOW, THEREFORE, BE IT KNOWN THAT I, WOODROW WILSON, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. |