ANNEX 6 CORRESPONDING TITLES AND RANK OF THE SANITARY PERSONNEL OF THE GERMAN AND AMERICAN LAND AND NAVAL FORCES [This annex consists of a table.] ANNEX 7 DEFINITIONS 1. PRISONERS OF WAR The term "prisoners of war" shall comprise those officers, officials, non-commissioned officers and enlisted or enrolled persons, male or female, of all branches and corps of the army, navy and marine corps whether on the active, retired or reserve lists, who are captured while in the active service of the armed forces of their State of Origin. Sanitary personnel are excluded. 2. CIVIL PRISONERS The term "civil prisoners" shall comprise all citizens or subjects of either Contracting Party held in confinement by the other for any reason except the violation of the penal laws in force in the territories of the Captor State or any of its subdivisions; inclusive of the officers and members of crews of merchant ships, and exclusive of persons coming within the definition of "prisoners of war," or Article 139 or 140. 3. OFFICERS The term "officer" shall comprise the officers of all corps of the armed forces, military or naval, of the two Contracting Parties and shall include commissioned, warranted and appointed officers of the United States, "Hilfsoffiziere" of the German navy and officials with the rank of officer in the German army or navy. 4. NON-COMMISSIONED OFFICERS The term "non-commissioned officer " shall include in the American army corporals, and in the German army or navy "Offiziersstellvertreter" and "Beamtenstellvertreter," "Deckoffiziere," "Vizedeckoffiziere" and "Hilfsdeckoffiziere." 5. STATE OF ORIGIN The term "State of Origin" shall be held to mean: (a) with reference to military or naval personnel, the State in whose armed forces they are commissioned, warranted, appointed, enlisted or enrolled; (b) with reference to non-military persons, the State with whose armed forces they are exclusively connected. 6. INVALID AND VALID PRISONERS OF WAR The term "invalid prisoners of war" shall comprise those who are eligible for internment in a neutral country or repatriation under the terms of this Agreement because of physical or mental unsoundness. All other prisoners of war shall be deemed "valid." 7. REPATRIATION The term "repatriation" shall, when applied to prisoners of war and sanitary personnel, mean the return to American or German military control; as applied to civilians it is defined in Article 163. PROPOSED AMERICAN-AUSTRO-HUNGARIAN CONFERENCE File No. 763.72114A/105a The Secretary of State to the Ambassador in Spain (Willard) [Telegram] WASHINGTON, August 16, 1918, 3 p. m. 1434. Request Spanish Government to inquire whether AustroHungarian Government will be disposed to nominate delegates to hold a conference at Berne with American delegates for the purpose of concluding a reciprocal agreement covering matters pertaining to the maintenance, treatment, and exchange of prisoners of war of the two countries. If Austro-Hungarian Government accepts, United States Government proposes that conference be held immediately at the conclusion of the conference between American and German delegates which meets at Berne September 23. Request that inquiry and reply be made by telegraph. LANSING File No. 763.72114A/206 The Ambassador in Spain (Willard) to the Secretary of State [Telegram] MADRID, October 1, 1918, 1 p. m. [Received October 2, 1.15 a. m.] 1871. Department's 1434, August 16, 3 p. m., and 1596, September 24, 5 p. m.1 Spanish Ambassador, Vienna, telegraphs as follows: Austro-Hungarian Government is disposed to send delegates to the conference at Berne with the United States concerning an agreement relative to the feeding, treatment, and exchange of prisoners of war, asking to be informed as to date of this meeting and proposing also the discussion of the question of the reciprocal treatment and assist in [assistance to] civilians remaining in both belligerent countries. Have repeated to Berne. WILLARD File No. 763.72114A/206 The Secretary of State to the Ambassador in Spain (Willard) [Telegram] WASHINGTON, October 3, 1918, 4 p. m. 1629. Your 1871, October 1, 1 p. m. Department instructs you to communicate direct with Garrett relative to the date of the AustroHungarian conference and then to communicate his reply to the Austro-Hungarian Government through the proper channels, keeping the Department advised as to the date thus agreed upon. LANSING File No. 763.72114A/322 The Minister in Switzerland (Stovall) to the Secretary of State [Telegram] BERNE, November 9, 1918, 1 p. m. [Received November 11, 4.15 a. m.] 5680. Have received note addressed to Swiss Political Department by Austro-Hungarian Legation, stating its Government unable at present time to designate delegates to proposed American-AustroHungarian prisoners-of-war conference, and requesting that opening of conference be postponed. 'Latter not printed. STOVALL File No. 763.72114A/322 The Secretary of State to the Minister in Switzerland (Stovall) [Telegram] WASHINGTON, November 15, 1918, 5 p. m. 3340. Your 5680, November 9, 1 p. m. In view of the present situation Department considers it advisable to postpone indefinitely American-Austro-Hungarian prisoners-of-war conference and instructs you to take the necessary steps to advise the AustroHungarian Government to this effect. The Swiss Government should also be informed that the proposed conference has been indefinitely postponed and you will extend to the Swiss Government the thanks. of the United States Government for the courtesy of the Swiss Government in expressing its willingness to preside over this proposed conference. Inform Madrid. LANSING II ENEMY ALIENS TREATMENT OF ENEMY ALIENS ' File No. 763.72111Y2/11 The Ambassador in Germany (Gerard) to the Secretary of State [Telegram] BERLIN, February 4, 1917, 4 p. m. [Received February 5, 3.25 p. m.] 4993. In conversation with Zimmermann 2 regarding the Yarrowdale he referred to the treaty of 1798 [1799] about subjects of both countries having nine months to leave in case of war and take their goods with them. He said he and I ought to draw up a sort of protocol about this. Please instruct. I think we have many Germans. There are very few real Americans left in Germany. GERARD File No. 711.622/5 The Swiss Minister (Ritter) to the Secretary of State [Translation] WASHINGTON, February 10, 1917. MR. SECRETARY OF STATE: The German Legation at Berne has communicated the following to the Swiss Political Department (Foreign Office): The American treaty of friendship and commerce of the 11th of July, 1799, provides by article 23 for the treatment of the subjects. or citizens of the two states and their property in the event of war between the two states. This article, which is without question in full force as regards the relations between the German Empire and the United States, requires certain explanations and additions on account of the development of international law. The German Government therefore proposes that a special arrangement be now signed, of which the English text is as follows: 3 See also "Prisoners of War-The American-German Conference at Berne," ante, p. 60. 2 Dr. Artur Zimmermann, German Secretary of State for Foreign Affairs. 3 For comment of the American Ambassador in Germany on the proposed treaty see his telegram of Feb. 12, Foreign Relations, 1917, Supplement 1, pp. 588-591. |