File No. 811.2222/3830
The Ambassador in Great Britain ( Page) to the Secretary of State
[Received 5.15 p.m.]
8623. Your 6390, January 30, 4 p.m.1 Following note dated February 11 just received from Foreign Office:
The telegram from the United States Secretary of State on the subject of the proposed military service convention which was communicated to me in your note of the 31st ultimo, has received the careful consideration of His Majesty’s Government, and I am glad to say that the new proposals made therein can, speaking generally, be accepted by His Majesty’s Government, and I trust therefore that it may be possible to proceed to the signature of the convention at an early date.
I beg leave to make the following observations on certain articles of the convention as now proposed.
- Article 1. His Majesty’s Government agree that the ages applicable to British subjects in the United States shall be fixed at 20 to 40 years, both inclusive. They also accept the other amendments made in this article and the proposal that an exchange of notes shall take place at Washington explaining that the Military Service Acts in this country subject to liability to military service men between the ages of 18 and 41, both inclusive, and that in order to avoid the delay which would be caused by an attempt to modify those provisions it is agreed that the Government of the United States will exercise its rights under article 3 to exempt all Americans subject to the convention outside of the ages of 21 and [to] 30 years, both inclusive.
- Articles 2 and 3. The alteration of the periods with the exception of the first in each article from 30 days (the period which had been previously agreed upon) to 60 days will cause inconvenience in the working of the convention in this country, since as has already been explained the period of 30 days corresponds with that laid down in the Military Service Acts. Further, the deletion of the provisions under which application for exemption must be made within a certain fixed period will not only allow a man to postpone his calling up for at least four months after the exchange of ratifications by making an application for exemption, but would also enable a man who has actually received a calling-up notice to make an application for exemption and thus secure further respite until 60 days after the date upon which his application is eventually refused by the Ambassador. The United States Government will no doubt agree that such a result would be undesirable. His Majesty’s Government would accordingly be glad if the United States Government were able to agree to the restoration of the period of 30 days where such period was previously mentioned in these two articles and of the provision in article 3 under which application for exemption had to be made within 60 days from the exchange of ratifications or within 30 days from the [Page 675] date of attaining military age, but if the United States Government are unable to see their way to agree to this His Majesty’s Government urge that the first sentence of article 3 should be amended so as to read after the words “British subjects in the United States, respectively”—“upon application or otherwise within 60 days from the date of the exchange of ratifications of this convention or within 30 days from the date when such citizens or subjects attaint[ed] military age in accordance with article 1.”
- Article 4. The wording of section (a) as it now stands may give rise to difficulties in Parliament which could be avoided by substituting the definition of Canadians as given in the Canadian agreement and, as this is merely a question of wording, His Majesty’s Government hope that the United States Government will have no objection to this being done. With regard to the proposed section (b), His Majesty’s Government would point out that as has already been explained it will be necessary under the terms of the Conventions with Allied States Act that Irishmen who are not domiciled in the United States and who before proceeding thither were ordinarily resident in Ireland should receive certificates of exemption from the British Ambassador, and therefore the present question only concerns Irishmen who are domiciled in the United States. The question as to the calling up of such Irishmen for service in the American Army is one which His Majesty’s Government feel must be decided by the United States Government. It would be difficult for His Majesty’s Government to agree to the insertion of section (b) in the convention, because its effect would be to deprive them of the power which under the act above referred to they are bound to retain and exercise, namely, to grant certificates of exemption to British subjects who prove that they are not domiciled in the United States, and that before proceeding to the United States they were ordinarily resident in some part of His Majesty’s Dominions other than Great Britain (including, of course, Irishmen); but in view of the representations of the United States Government they are ready to agree to an understanding that the United States shall not be under the necessity of conscripting Irishmen who do not receive certificates of exemption from the British Ambassador, although they would suggest that the United States Government might find it possible to call up such persons within the American age limits, especially as it is understood that the United States Government are at present calling up under the Selective Draft Act aliens other than enemy aliens who have taken out their first citizenship papers in the United States.
His Majesty’s Government would therefore propose that article 4 should run as follows:
This convention shall not apply to 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.
The other amendments introduced into the convention are accepted, and the result is that I am ready to sign the convention as enclosed in [Page 676] your note under reply subject to article 4 appearing in the form given above and subject, also, to the points raised above in connection with articles 2 and 3.
I hope that these points will cause no hindrance to the speedy signature of the convention.