File No. 811.2222/6231
The Secretary of State to the Ambassador in France ( Sharp)
4481. Your 3445, March 25,3 and mail despatch 6110, March 26,4 military service convention. Conventions with Great Britain and Canada have been modified in certain particulars and in the interest [Page 703] of having the conventions with the Entente Powers as nearly uniform as possible I have to propose to the French Government the following corresponding changes in the convention telegraphed you in Department’s February 16:1
Article 1. Proviso at end of article 1 changed to read:
Provided that in respect to citizens of France in the United States the ages for military service shall be for the time being 20 to 44 years both inclusive, and in respect to citizens of the United States in France the ages for military service shall be the ages specified in the laws of the United States prescribing compulsory military service.
Out of consideration for the French desire to have the ages for military service of Frenchmen under the convention increased to 48 years, I have been able to obtain the agreement of Great Britain, Canada, and Italy to the ages of 20 to 44 both inclusive as indicated, as it is indispensable to have uniformity of ages for military service under these conventions, and as the ages for military service in Italy do not extend beyond 44 years, I feel confident that the French Government will upon reconsideration agree to the proviso quoted, in order to facilitate the task of the American Government. The change in respect to ages for military service of Americans is made in order to cover possible changes by Congress in the age limits of the existing draft laws. The British convention contained these further two provisos to article 1:
Provided however that no citizen of the United States in Great Britain and no British subject in the United States who, before proceeding to Great Britain or the United States respectively, was ordinarily resident in a place in the possessions of the United States or in His Majesty’s Dominions respectively, where the law does not impose compulsory military service shall by virtue of this convention, be liable to military service under the laws and regulations of Great Britain or the United States, respectively; Provided further that in the event of compulsory military service being applied to any part of His Majesty’s Dominions in which military service at present is not compulsory, British subjects who, before proceeding to the United States were ordinarily resident in such part of His Majesty’s Dominions, shall thereupon be included within the terms of this convention.
These provisos do not appear in the Canadian convention for obvious reasons, and it is assumed they will be unnecessary in the French convention. I have, however, mentioned them for the information of the French Government.
Article 4. This article is omitted entirely as it seems unnecessary since it may if desirable be inserted in the regulations of the War Department. I hope the French Government will be able to agree to this omission, as I have reason to believe that the omission of [Page 704] this article will facilitate the approval of the convention by the Senate.
Article 7. Last two sentences changed to read:
It shall come into operation on the date on which the ratifications are exchanged and shall remain in force until the expiration of 60 days after either of the contracting parties shall have given notice of termination to the other; whereupon any citizen of either country incorporated into the military service of the other under this convention shall be as soon as possible discharged therefrom.
These changes are self-explanatory and I trust the French Government may see their way to adopt them.
In concluding this agreement I desire to obtain a formal written assurance that Frenchmen in the military service of the United States will not be regarded or treated by France as deserters or otherwise liable to punishment or penalty for failure to perform military service in the armed forces of France.