811.2222/14962
The Secretary of State to
President Wilson
Washington,
May 21, 1918
.
My Dear Mr. President: Referring to my letters
of May 2, and 11,19 in respect to the discharge of neutral aliens from
the Army, I desire to enclose for your information copy of my personal
and confidential letter to the Secretary of War dated May 8, copy of his
reply of May 9, and of his further reply of May 14, in regard to the
detention of neutral aliens in the United States or in France pending
the outcome of the investigation preliminary to their discharge from the
Army.
[Page 191]
I want to call your special attention to the fact that the War Department
doubts the final action of Congress on the amendment to the Draft Act
exempting neutral aliens from conscription, and appears to be inclined
to the view, if I read correctly between the lines, that such an
amendment is now unnecessary in view of the provisions in the new
naturalization Bill which has just become law, enabling declarants to
complete their citizenship at once. I am so greatly impressed with the
difficulties which will arise if the amendment to the Draft Act does not
go through, and if the naturalization of declarants in the Army is
pressed, that I cannot refrain from expressing to you my views again on
this matter.
By your order of April 11, treaty countries were accorded the right to
have their declarant and non-declarant conscripts discharged from the
Army, and non-treaty countries the right to have their non-declarant
conscripts discharged from the Army. This has afforded some relief. I
am, however, convinced that the honor and good name of the United States
depend upon the discharge of all declarants and non-declarants of
neutral countries from the draft. The United States has never
conscripted aliens in its Army, at least without giving them opportunity
of returning home, and it has always vigorously insisted that foreign
countries should not conscript Americans abroad in an international war.
. . . Several senators, with whom I have spoken in respect to the
matter, have been astounded to find out that we are drafting aliens into
the Army, and have expressed the view that this ought not to be. I am
therefore impelled to ask if it is not possible to take up with the
members of the Military Affairs Committee of the Senate the amendment to
the Draft Act and have it immediately passed. Delay in passing the
amendment allows more aliens to be incorporated into our Army and the
amendment as drafted may not be construed to be retroactive. In my
opinion the amendment should be changed to make it retroactive on
account of the late date at which it is likely to pass. The amendment
has passed the House, even though the House had shortly before passed
the so-called Burnett Alien-Slacker Bill,20 and I believe the amendment
will go through the Senate without much objection.
The enclosed letters also indicate another difficulty which I must call
to your attention as it is impossible for me to get relief for neutral
countries through the War Department. I refer to the practice of sending
to France and to the battle front citizens or subjects of neutral
countries conscripted in the National Army pending investigations for
their discharge under your order of April 11th. The same principle was
involved, as I pointed out in my letter to the Secretary of
[Page 192]
War, in the case of men being
sent abroad pending the outcome of their appeals before the appeal
boards, and the matter was rectified by an order addressed to the
Adjutant General. If it was necessary to detain men in the United States
pending the outcome of their appeals, it seems to me there is stronger
reason, in view of our international relations, for detaining neutral
aliens in the United States pending the decision as to their discharge
under your order of April 11th.
A further point has been called to the Department’s attention by foreign
diplomats, namely, that naturalization courts are to be set up near the
larger camps for the purpose of naturalizing declarants in the Army.
They intimate that declarants who do not desire to become naturalized at
the present moment may be so ridiculed by their comrades that they are
forced to take out naturalization papers. Judging from the War
Department’s letter, I can foresee serious charges being brought against
the United States by foreign countries for the contemplated action,
particularly as it is already suggested that this action is being taken
in lieu of the discharge of aliens from the Army.
I do not know how to emphasize or express my feeling that something ought
to be done to clear up this situation, and that it ought to be done
immediately. I should like to confer with you in regard to the matter as
soon as possible, as it is imperative that some definite reply be made
to the protests and complaints of the neutral countries.
Faithfully yours,
[Enclosure 1]
The Secretary of State
to the Secretary of War (Baker)
Dear Mr. Secretary: I have received
several letters from your Department stating that persons, whether
declarants or non-declarants of treaty countries or non-declarants
of non-treaty countries will not be held in the United States
pending an investigation with a view to their discharge from the
Army under the President’s order of April 11th.
Diplomatic representatives of neutral countries have appealed to me
against putting into effect an order of this sort so injurious and
so important to their fellow country-men. The Department’s requests
in particular cases for the retention of such men in the United
States pending investigation of their cases have been without avail.
I am informed that a similar situation arose with respect to persons
who had been inducted into the military service but who had appeals
pending before District Boards or the President, these persons being
sent forward to France notwithstanding that their appeals had
[Page 193]
not been decided, and that
the Adjutant General was prevailed upon not to transport such men to
France pending the outcome of their appeals only by a personal
instruction signed by you.
It seems to me manifestly unfair to compel aliens subject to the
draft to go to France and perhaps to the battle-front pending an
investigation of their right to discharge under the President’s
order of April 11th,—clearly as unfair as to require conscripted
persons to go to France pending the outcome of their appeals.
Is it not possible therefore to make a special order directed to the
Adjutant General instructing him to retain in the United States
pending investigation persons whose discharges are requested by
diplomatic agents.
If there is special objection to this course of action will you not
be good enough to let me know, so that we can have a conference in
respect to the matter. I venture to enclose a draft of an order
which is worded so as to include the classes of persons whom I think
should be detained in the United States pending investigation of
their cases. Of course this is merely a suggestion for your
convenience.
Sincerely yours,
[Subenclosure]
Draft Order To Be Issued by the War
Department
Hereafter, upon receipt through the Department of State of
applications for the discharge from the military service of the
citizens or subjects of foreign countries, steps will immediately be
taken to insure the retention of such persons in the United States,
(or if they have already been sent abroad, the withholding of them
from the battle-front) pending the necessary investigation
preliminary to a final decision upon their applications.
This will apply to all persons from whose application it appears that
they are either: (a) declarants or non-declarants of treaty
countries, (b) non-declarants of non-treaty countries.
Department of War, May
1918.
[Enclosure 2]
The Secretary of War (Baker) to the Secretary of State
Washington,
May 9, 1918
.
My Dear Mr. Secretary: I have received
your letter of May 8th, with regard to the retention in this country
of declarants and non-declarants whose discharge from the military
service of the United States has been requested by the diplomatic
representatives of neutral countries.
[Page 194]
I do not know how practicable the execution of the order will be, but
I have directed that all practical steps be taken to retain such
persons in this country pending the necessary investigation
preliminary to a final decision on the application.
Cordially yours,
[Enclosure 3]
The Secretary of War (Baker) to the Secretary of State
Washington,
May 14, 1918
.
My Dear Mr. Secretary: Replying to your
letter of April 15th21 requesting that neutral alien declarant subjects
who are not covered by the President’s instructions of April 11th be
held in this country until Congress have expressed its wishes
regarding them, I consider that the complications which this course
would entail make such action impracticable. It would cause a great
amount of interference with the organization and training of our
forces, would increase very much the correspondence and
administrative work throughout the whole military establishment, and
take the time of many officers who should be bending every effort
towards fitting our troops to take their places among the fighting
forces on the other side at the earliest possible date.
While it is realized that Congress may at some future date authorize
or direct the discharge of the men in question, there is
nevertheless considerable doubt as to what final action Congress
will take, or what action the individuals concerned may elect, in
view of the provisions in the naturalization bill which has just
become law, enabling practically all of these men to complete their
citizenship at once. Arrangements are now being made to adjourn
courts in the vicinity of the larger camps, to these camps, and hold
courts there until all eligible, who desire it, shall have completed
their naturalization. Plans are being made at the camps to have the
attending ceremonies made as impressive as possible, and it is
thought that a very large number of these neutral declarant subjects
may avail themselves of the privilege extended to them.
Very sincerely yours,
