462.00 R 294/173a: Telegram
The Secretary of State to the Ambassador in France (Herrick)
140. For Wadsworth. W–17.
Inasmuch as this is the final date for giving notice of claims against the German Government to be presented to the Mixed Claims Commission, United States and Germany,3 the Department has deemed it advisable to give notice of the claim for army costs. This is done in order to preserve all our rights, although the Government believes that it will actually be paid as a result of arrangements which you are now making. The Department did not think it advisable to allow any chance for a contention that the claim had not been presented to the Mixed Claims Commission. To this end I am this day sending the following letter to the American Agent of the Mixed Claims Commission.4
“You are hereby informed that the Government of the United States wishes to present to the Mixed Claims Commission, United States and Germany, the claim of this Government against Germany for the cost of the American army in occupied German territory. The said cost dates from the time of the signing of the armistice on November 11, 1918, and is based on rights accruing to the Government of the United States by virtue of the armistice agreement, the Treaty of Versailles, and the treaty of peace with Germany of August 25, 1921.
According to a report of the War Department this claim as of January 31, 1923, amounts to $255,544,810.53. It is understood, however, that this amount will be subject to adjustment in case a different basis is adopted for converting certain items into dollars. It is also understood that the claim will include other items of cost which are properly allowable under the treaty with Germany, the exact amount of which has not yet been determined.
The above claim may be reduced to the extent of the amounts which this Government shall receive, on account of this claim, by reason of any agreement with the Allied Powers, or any one of them, from payments by Germany.
“Please file due notice of aforesaid claim.”
The presenting of this claim against Germany does not affect the basis of the claim of the United States against the Allied Governments which have received payments at the expense of our claim. The situation in this respect remains as was stated in Department’s instruction to you dated February 19. Your attention is invited to the last clause in the letter to Morris where it is indicated that the claim may be reduced to the extent of the amounts which this Government will receive under arrangements which you are now making. The filing of this claim will not likely be made public. However, if it is, and the facts should receive attention abroad, you can state that this was simply a technical procedure for the purpose of preserving our rights and that it does not alter the situation.
- For correspondence concerning the creation of the Commission, see Foreign Relations, 1922, vol. ii, pp. 240 ff.↩
- Mr. Robert C. Morris.↩