further condition: that in no case should more Germans be permitted to leave America than Germans [Americans] are permitted to leave Germany until all Americans in Germany desiring to leave have been afforded that opportunity. Would like to have views of your Department and Attorney General on this question. Garrett. STOVALL File No. 763.72114A/251 The Minister in Switzerland (Stovall) to the Secretary of State 19. [From Garrett]: [Telegram] BERNE, October 18, 1918, 11 a. m. Commission desires to insert the following article in proposed agreement: "Officer prisoners of war shall be paid in advance as soon as possible after capture for the remainder [of the current] month and thereafter on the first day of each calendar month." In view of the fact that such payments are to be reimbursed to the captor state, commission requests to be instructed as to whether its adoption would violate any existing statute. Garrett. STOVALL File No. 763.72114A/245 The Secretary of State to the Minister in Switzerland (Stovall) 3147. For Garrett: [Telegram] WASHINGTON, October 18, 1918, 4 p. m. Your 17, October 14, 4 p. m. Departments of State and Justice approve your contemplated proposal regarding exchange of civilian prisoners, with the added proviso that German civilians shall be kept in quarantine for two months before leaving the United States. You should make it clear, however, that the United States Government does not obligate itself to permit the departure of any of the German subjects now interned in the United States. File No. 763.72114A/254 LANSING The Minister in Switzerland (Stovall) to the Secretary of State 21. [From Garrett]: [Telegram] BERNE, October 19, 1918, 7 p. m. [Received October 20, 11.55 a. m.] The German delegates last night stated that certain of the articles as suggested by us could not be accepted by them without further instructions from Berlin, and they thought they could induce Berlin to agree to them only by going there and explaining our point of view in a way they could not do by telegraph. Today, therefore, we have in subcommittee explained certain points that they asked further about and they have left for Berlin promising to return by Tuesday. For the first time since the conference began we notice a distinct change in their attitude and evidence of depression. We suppose that they are desirous of going home at once as much on account of the general situation as because of the reasons they have given us. They have casually referred in the last day or two to the added difficulty of negotiating with us while the exchange of notes between Washington and Berlin is going on. File No. 763.72114A/256 STOVALL The Minister in Switzerland (Stovall) to the Secretary of State 22. [From Garrett]: [Telegram] BERNE, October 20, 1918, 7 p. m. [Received October 21, 1.25 p. m.] Your 3147, October 18, 4 p. m. We understand our civilian proposal approved but repeat to avoid misunderstanding. It has to do only with those German civilians actually interned at the date of ratification of the agreement and does not affect Germans then at large, even if they should be thereafter interned. We on our side propose: (a) To repatriate from amongst those interned at the date of ratification of the agreement without regard to number (1) Women and children; (2) Men over military age; (3) Helpless invalids (lesser invalids to be interned in Switzerland); and (b) To exchange head for head merchant seamen and men of military age. Both propositions conditioned: (1) by right to detain any designated individuals; (2) by agreement that German civilians of all classes returned from the United States shall not exceed in number American civilians returned from Germany until all of latter, whether now interned or at large, who wish to depart shall have In other words, we use German civilians interned in the United States to procure release of all civilian Americans in Germany. Without some such arrangement we believe that it will be impossible to get American civilians out of Germany. We propose not to tie America's hands in regard to future action [toward] Ger mans now at large in the United States nor to tamper with the right to detain dangerous individuals, but on the other hand to secure most liberal possible treatment for the Americans still in Germany. Of course Germany may not accept our proposal as made and we should have some latitude for bargaining in the matter. In view of duration of confinement of those now interned and the delay in effecting exchanges, two months' quarantine period seems to us unimportant and moreover would reciprocally entail the same detention of Americans in Germany, which hardship we want to spare them. Garrett. STOVALL File No. 763.72114A/269 The Minister in Switzerland (Stovall) to the Secretary of State 23. [From Garrett]: [Telegram] BERNE, October 25, 1918, 9 a. m. Your 3045, October 2, noon.1 The German delegates who have just returned from Berlin state that the German Government will not accept the provision recognizing the naturalization of Germans as Americans since the 4th of August, 1914, who may be captured in our armed forces. The American delegation thinks that the situation can be adequately met by the American military authorities in France. Garrett. STOVALL File No. 763.72114A/271 The Minister in Switzerland (Stovall) to the Secretary of State 24. [From Garrett]: [Telegram] BERNE, October 25, 1918, 10 a. m. The American delegation in order to expedite the work of the conference and without binding upon future action believes it advisable to make in one of the plenary meetings of the Prisoners of War Conference the following declaration: The German delegation takes note of the statement by the American delegation that while the Government of the United States makes no commitment binding upon its future conduct, it is not its present practice or intention to transport to the United States any of the prisoners captured by its land forces who would be subject under the terms of this agreement to compulsory labor. We very urgently ask whether you have any objection to such a declaration being made. Garrett. STOVALL File No. 763.72114A/275 The Minister in Switzerland (Stovall) to the Secretary of State 27. [From Garrett]: [Telegram] BERNE, October 26, 1918, 2 p. m. The German delegates since returning from Berlin have agreed tentatively in subcommittee to clauses covering submarine personnel, sanction [repatriation] of valid prisoners of war, work of prisoners, withdrawal of prisoners from zone of the army and occupied territory, and as to the standard for food supplies. There still remain some matters about which we do not apprehend much difficulty in coming to an agreement besides the following questions in which less progress has been made: transportation overseas; sending of German prisoners to the United States; and regarding civilians. Before proceeding further with these we are awaiting your instructions, which we urgently request. Some of the German delegates today suddenly left for Berlin, whether in connection with the work of the conference or not we do not know, but we fear that their absence will inevitably result in some further delay, although subcommittee meetings will continue. Garrett. STOVALL File No. 763.72114A/251 The Secretary of State to the Minister in Switzerland (Stovall) 3248. For Garrett: [Telegram] WASHINGTON, November 1, 1918, 4 p. m. Your 19, October 18, 11 a. m. Section 3648, Revised Statutes, provides: No advance of public money shall be made in any case whatever. And in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the article delivered previously to such payment. It shall, however, be lawful, under the special direction of the President, to make such advances to the disbursing officers of the Government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfillment of the public engagements. The President may also direct such advances as he may deem necessary and proper, to persons in the military and naval service employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled cannot be regularly effected. Apparently your proposal not within exceptions indicated. Prisoners-of-war agreement will be subject to ratification by Government of the United States, but whether presented to Senate for approval as treaty or submitted to President alone will depend on whether agreement as finally agreed on at conference contains anything which may not be within Executive's power to approve and execute without further legislation. If agreement should take form of treaty requiring approval by Senate and ratification by President, it would have the force of law and would modify any conflicting statutes accordingly. Unless you are certain that agreement as prepared will require approval of Senate, you must consider statute above referred to as prohibiting suggested provision. LANSING File No. 763.72114A/271 The Secretary of State to the Minister in Switzerland (Stovall) 3258. For Garrett: [Telegram] WASHINGTON, November 2, 1918, 3 p. m. Your 24, October 25, 10 a. m. War Department has no objection to the declaration which the American delegation desires to insert to the effect that "it is not its present practice or intention to transport to the United States any of the prisoners captured by its land forces who would be subject under the terms of this agreement to compulsory labor." In view of the terms of the treaty of 1799 with Prussia, the Department deems it advisable that this declaration should appear to have been the wish of the German delegation and to have been made at their express request and with their express consent and approval. See secret mail instructions to you dated August 22.1 LANSING 1Ante, p. 86. |
