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after notice of the termination of this arrangement shall have been given by either Government, the exclusive jurisdiction of the tribunals of their respective land and sea forces with regard to persons subject to the jurisdiction of those forces whatever be the territory in which they operate or the nationality of the accused. In the case of offenses committed jointly or in complicity with persons subject to the jurisdiction of the said military forces, the principals and accessories who are amenable to the American land and sea forces shall be handed over for trial to the American military or naval justice, and the principals and accessories who are amenable to the British land and sea forces shall be handed over for trial to the British military or naval justice.
The Government of the United States of America and the Government of Great Britain further recognize during the present war, and until 30 days after notice of the termination of this arrangement shall have been given by either Government, the exclusive jurisdiction within American territory of American justice over persons not belonging to the British land and sea forces who may commit acts prejudicial to the said military forces and the exclusive jurisdiction, within British territory, of British justice over persons, not belonging to American land and sea forces who may commit acts prejudicial to the said military forces.
The word “persons” as used in the first paragraph of this arrangement designates, together with the persons enrolled in the Army, Navy and Marine Corps, any other person who under the American or British law is subject to military or naval jurisdiction, especially members of the Red Cross regularly accepted by the Government of the United States of America or the Government of Great Britain in so far as the American or British law and the customs of war place them under military or naval jurisdiction.
File No. 811.203/56
The French Ambassador (Jusserand) to the Secretary of State
WASHINGTON, August 29, 1919.
[Received August 30.] MR. SECRETARY OF STATE: My Government to which I did not fail to report the substance of your note of August 10, wishes me to inform Your Excellency that it accepts the solution proposed by you for the continuation of the Franco-American arrangement relative to military penal jurisdiction. The said arrangement will, therefore, continue in force after the conclusion of peace, but may be denounced by either contracting party upon a 30-day previous notice.
As requested by Your Excellency, this note, being an answer to yours of August 10, will of itself suffice to give validity to the above stated modification of the agreement of January 3–14, 1918. Be pleased to accept [etc.]
File No. 811.203/49
The Secretary of State to the Belgian Chargé (Symon)
WASHINGTON, September 2, 1919. Sir: I have the honor to refer to the arrangement relative to military penal jurisdiction as set forth by my note to your Legation dated July 5, 1918,4 and your Legation's reply note datel September 6, 1918, and to point out that, in accordance with its terms, it will continue only for the duration of the present war. In view of the fact that the war may be considered terminated in the near future, and that it may be desirable to continue the arrangement in force for a further period during the demobilization of the military forces, I have the honor 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 your Government, 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 your Government. Accept [etc.]
File No. 811.203/60
The Belgian Chargé (Symon) to the Secretary of State
WASHINGTON, October 20, 1919.
[Received October 21.] Sir: In reply to your note of October 15, 1919 (811.203/19), I have the honor to advise you that the Belgian Government is disposed to continue the arrangement relative to military penal jurisdiction, as suggested in your notes of August 13 3 and September 2, 1919.
My Government has instructed me to inform them by cable when the Government of the United States will issue a declaration on the subject and I would appreciate it very much if you would be so kind as to enable me to comply with this request by advising me on what date such declaration will have been made. Please accept [etc.]
* Ante, p. 747.
* Ante, p. 751.
* Not printed.
File No. 811.203/60
The Acting Secretary of State to the Appointed Belgian Imbassador
WASHINGTON, October 25, 1919. EXCELLENCY: I have the honor to acknowledge the receipt of your note of October 20, 1919, in which you were so kind as to advise me of the acceptance by the Belgian Government of the modification suggested in my note of September 2, 1919, in regard to the existing arrangement relative to military penal jurisdiction.
In reply to the inquiry as to when notice of this modification will be given, I have the honor to inform you that I shall forthwith advise the appropriate branches of this Government in regard to this modification. I shall appreciate it very much if you will be so kind as to inform me the date on which the appropriate declaration will be made on the part of your Government, and if you will also be so kind as to confirm my understanding that the aforesaid arrangement has not been terminated by the ratification on the part of your Government of the treaty of peace with Germany or otherwise, and that said modification may be considered as taking effect on October 20, 1919, the date of your note under acknowledgment. Accept [etc.]
File No. 811.203/62
WASHINGTON, November 10, 1919.
[Received November 12.] Sir: I have brought to the knowledge of my Government the wish expressed in your letter of October 25, 1919 (811.203/60), concerning the acceptance by the Belgian Government of the modification suggested in your note of September 2, 1919, in regard to the existing arrangement relative to military penal jurisdiction.
I have now the honor to advise you that my Government has informed me that the notice, that the existing arrangement relative to military penal jurisdiction will continue to be in force, was published in the Moniteur Belge of November 8, 1919; besides my Government agrees that the said modification will be considered as taking effect on October 20, 1919. Please accept [etc.]
E. DE CARTIER
File No. 811.203/67
LONDON, December 20, 1919, 1 p. m.
[Received p. m.] 3563. Your 6257, December 10, 2 p. m. I learn informally that upon the Foreign Office's referring the military convention proposal to the departments concerned, the latter have delayed replying upon assumption that with conclusion of peace the matter would lapse. The Foreign Office has conveyed to them its decision to reply to my representations no later than the 28th instant, but this answer will probably be unfavorable to the proposed convention.
Confidential. Foreign Office believes that it would be advantageous to conclude such a convention and cloes not favor attitude of the military departments. I respectfully request therefore that I be furnished with further information regarding the views of the American Government in this matter in order that my renewed representations may be effective.
File No. 811.203/68
WASHINGTON, December 26, 1919,5 p. m. 6310. Your 3.763, December 20, 1 p. m.
Inform Foreign Office that arrangement in question is considered necessary by this Government so long as any American forces are maintained in British territory, and that it is believed that it should be concluded without further delay. Impress upon Foreign Office importance attached by this Government to conclusion of the arrangement and report promptly developments.
File No. 811.203/70
LONDON, January 6, 1920, noon.
[Received 11.09 a. m.] 23. Your 6310, December 26, 5 p. m. Foreign Office requests further information as to the reasons which make it desirable, in the opinion of the American Government, to proceed to the elaboration of a military agreement of the sort proposed. British Government is disposed to think that the conclusion of the convention at this date would not be of any great utility and in order that the matter may be reexamined the Foreign Office would be glad to receive further particulars as to the views of the American Government in the matter.
* Not printed; see telegram No. 5804, Aug. 13; ante, p. 755.
File No. 811.203/73
WASHINGTON, January 30, 1920, 5 p. m. 88. Your 23, January 6, noon.
War and Navy Departments state that inasmuch as American forces have now been withdrawn from British territory, there is no longer any necessity for consummation of such an arrangement.
Communicate foregoing to Foreign Office, and state that this Government acquiesces in the abandonment of the project.