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submitted by Germany with the exception of those covering the three points mentioned in my telegram No. 10, September 25. We submitted counter-proposals for exchange and repatriation of valid prisoners of war in line with your telegram No. 2789, September 25, and a proposition covering the internment of officers in a neutral state. We also submitted a proposition extending to civilians interned the same treatment as that provided for combatant prisoners, restricting their employment and calling for the repatriation head for head and rank for rank of such of them as are officers or members of the crews of merchant ships.

In regard to the German proposal that the United States will do all in its power to the end that the Germans interned in Panama and Cuba shall be set free and at their wish repatriated, would it meet with your views if we should say to the Germans that we would undertake to suggest to you the advisability of suggesting to the Governments of Cuba and Panama that all German civilians be treated in accordance with such agreement as may be reached between the United States and Germany, the German delegates at the same time undertaking to advise their Government similarly in regard to Americans in Turkey and Bulgaria?

The comparison and editing of the articles about which there seems less ground for difference of opinion is now being done by a subcommittee of the two delegations. It is expected that this will take several days. The main committee will probably not meet until the results of the labor of the subcommittee have been put into shape. Garrett.

STOVALL

File No. 763.72114A/164

The Secretary of State to the Minister in Switzerland (Stovall)

3026.

For Garrett:

[Telegram]

WASHINGTON, September 30, 1918, 10 a. m.

Your 4, September 13, 5 p. m.1 In accordance with your suggestion a summary is given below of the more important cases of injury to and molestation of Americans in Turkey and the loss of and damage to American property in that country. It is not possible to give a complete list as yet in view of the difficulty of collecting and coordinating the necessary data.

This material should only be used if the commission is strongly of the opinion that such use is advisable and will be beneficial, and

1Ante, p. 87.

in such case only for the purpose of deterring the Germans from making complaints and threats relative to the treatment of Germans in Panama, Cuba, Dominican Republic, and Latin America. In any event, no formal presentation of such claims or request for indemnification should be made of Germany for damage to American lives or property in Turkey, even as a counter-claim to demands made. by Germany, without first consulting the Department. [Here follows the list of cases referred to above.]

LANSING

File No. 763.72114A/207a

The Secretary of State to the Minister in Switzerland (Stovall)

3045. For Garrett:

[Telegram]

WASHINGTON, October 2, 1918, noon.

Department instructs you to take up at conference matter of Germans naturalized by United States since outbreak of war who may be enrolled in military or naval forces of the United States and are taken prisoner by Germany. It is understood that Germany still regards such persons as German citizens. This Government conversely regards Americans naturalized by Germany during the war as still American citizens. Department regards it as desirable to reach a reciprocal agreement with German Government by which such naturalized Germans and naturalized Americans, when captured by German and American forces, respectively, shall be regarded and treated on the same basis as other prisoners of war. LANSING

File No. 768.72114A/208

The Minister in Switzerland (Stovall) to the Secretary of State

13. [From Garrett]:

[Telegram]

BERNE, October 1, 1918, 10 a. m.
[Received October 3, 12.52 a. m.]

Your 2789, September 25, 11 a. m., contains the following:

In regard to first proposal, guarantees given by German Government that exchanged prisoners will not be used by Germany or any of her allies for military or governmental purposes or for any kind of work connected with the war must be very explicit and, if possible, be capable of being checked up from time to time.

So absolute a prohibition upon the employment of exchanged prisoners will hardly be acceptable to the Germans. In the view of the American commission it is still more undesirable from the American viewpoint. The prisoners we get back can be employed with the greatest advantage in the services of supply over here and if not so employed, other men equal in number must be brought for that service across the Atlantic. Such an agreement would compel us to maintain these returned prisoners in practical idleness on this side of the Atlantic or to return them to the United States where the prohibition would operate to deny their services to the Government in any capacity directly related to the war. In this view, it is requested that the instructions quoted above be reconsidered and a free hand permitted the commission in dealing with this matter of exchanged and repatriated prisoners of war. Garrett. STOVALL

File No. 763.72114A/208

The Secretary of State to the Minister in Switzerland (Stovall)

3073. For Garrett:

[Telegram]

WASHINGTON, October 5, 1918, 3 p. m.

Your 13, October 1, 10 a. m. Views of commission approved. You may exercise free hand in this matter of the employment of exchanged and repatriated war prisoners.

LANSING

File No. 763.72114A/222

The Minister in Switzerland (Stovall) to the Secretary of State

14. [From Garrett]:

[Telegram]

BERNE, October 5, 1918, 2 p. m.
[Received October 8, 4.53 p. m.]

Another plenary meeting was held yesterday and took up several matters that it had not been found possible to deal with in the subcommittee. In some matters of principle about which we differed agreement seems now to have been reached and details about which there were differences have been made to conform. The Germans today presented counter-proposals regarding exchange, internment, and repatriation of valid prisoners of war which will now be considered by us. The German delegates' proposals for the unlimited repatriation of German civilians in America and the abandonment in principle of all internment of civilians were today

formally refused by us and we insisted on our proposal as outlined in my No. 12, September 28, 5 p. m.

The Germans also submitted the following new proposal about which we request your instructions:

In signing the agreement between the German Government and the Government of the United States of America with regard to prisoners of war, sanitary personnel, and civilian prisoners of war, the American delegation declared that their Government will until the end of the war neither cause the internment or deportation of German civilians retained in China owing to the state of war nor cooperate in any measure aiming at the internment or deportation of these persons, and that it will cause no hindrance to such civilians who may be desirous of returning home.

The German delegation in the name of their Government took cognizance of this declaration.

Both delegations agreed that this accord should be considered as an integral part of the agreement and that it should not be published until further notice.

Done in duplicate at Berne on blank date.

Mensing, one of the German delegates and son-in-law of Vice Consul McNally in charge at Zurich, has tried through his fatherin-law to find out whether I would see him privately. I have given him to understand that I would not. Somewhat similar approaches have been made to Mr. Davis1 with a like result. Garrett.

STOVALL

File No. 763.72114A/209

The Secretary of State to the Minister in Switzerland (Stovall)

3095.

For Garrett:

[Telegram]

WASHINGTON, October 9, 1918, 6 p. m.

Your 12, September 28, 5 p. m. You may say to German delegates that you will undertake to lay before this Government the advisability of the United States Government suggesting to the Governments of Cuba and Panama that all German civilians be treated in accordance with such agreement as may be reached between the United States and Germany. In view of recent developments in Bulgaria and Turkey it is not considered advisable to concede that Germany has any influence in the future in connection with the rights of Americans in those countries. Any quid pro quo which it is thought desirable to demand in return for our suggestion to the Govern ments of Cuba and Panama should be along some other line.

LANSING

1John W. Davis, Solicitor General of the United States, member of the American Commission to the Prisoners of War Conference,

File No. 763.72114A/222

The Acting Secretary of State to the Minister in Switzerland

3106. For Garrett:

(Stovall)

[Telegram]

WASHINGTON, October 11, 1918, 7 p. m.

Your unnumbered [14] October 5, 2 p. m. This Government cannot accept the German proposal with regard to the internment or deportation of German civilians in China as stated in your telegram. While this Government does not view with favor the wholesale internment or deportation of Germans residing in China, it desires to remain free to support the same measure of control to be exercised over German civilians in China as the Government of the United States exercises over German civilians in this country. Your action in refusing to see Mensing privately is approved.

POLK

File No. 763.72114A/245

The Minister in Switzerland (Stovall) to the Secretary of State

17. [From Garrett]:

[Telegram]

BERNE, October 14, 1918, 4 p. m.
[Received October 16, 12.35 p. m.]

In the matter of civil prisoners, Germans' original offer called for release and repatriation at their wish of all civilian prisoners, including personnel of merchant marine, and agreement to abandon internment in the future, substituting domiciliary supervision. This we declined with a counter-offer to give interned civilians freedom from forced labor and all guarantees of treatment afforded by the agreement, and to exchange merchant marine, head for head and rank for rank. They replied with proposal to repatriate upon their wish the following civil prisoners, with [without] regard to number: (1) women and children; (2) men under 17 or over 45 years; (3) men between 17 and 45, if invalid; (4) ministers and doctors.

We contemplate offering to repatriate, upon their individual wish, women and children, males under 14 and over 45, and hopeless invalids, reserving the right to detain individuals designated by either party, and on condition that Germany provides ocean transportation for those returning from the United States. We would add a

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