shall have been designated to him, such individual officer or other prisoner, shall forfeit so much of the benefit of this Article, as provides for his enlargement on parole or cantonment. And it is declared, that neither the pretence, that War dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending this and the next preceding Article; but on the contrary that the state of War, is precisely that for which they are provided, and during which they are to be as sacredly observed as the most acknowledged articles in the Law of nature and nations. This Government, in the opinion of the Department, should comply with the foregoing treaty stipulation as nearly as the transportation facilities will allow, as it provides that prisoners "shall be placed in some parts of their dominions in wholesome situations." No reference is made in this article to the surrender of prisoners of war to an ally. If this were done, it is clear that our obligations under the treaty as to the housing and care of prisoners of war might not be carried out by the ally cobelligerent. Aside from this treaty, prisoners of war appear to be cared for according to the individual views of the belligerents or under special agreement. In the Crimean War Great Britain and France, then allies, agreed to divide prisoners of war as far as possible equally between the two countries. Any such agreement now between us and the cobelligerents would, of course, be subject to the stipulations of our treaty with Prussia. It is believed, therefore, that the plan of sending to the United States the prisoners of war captured by our military and naval forces to be retained here is the proper course to follow as Germany might insist that under the treaty they should be returned to the United States. While they are retained abroad, consideration must of course be given to the provision contained in the proposed agreement with Germany, with which you are familiar, that "at no time shall prisoners of war be required to work within twenty miles from the front." It, therefore, appears that the details of the transportation of prisoners of war taken by the United States Army should be worked out by the War Department in accordance with the treaty stipulations mentioned above. The foregoing information and opinions, so far as they apply to the Navy, have been brought to the attention of the Secretary of the Navy. I have [etc.] File No. 763.72114/3714 ROBERT LANSING The Secretary of War (Baker) to the Secretary of State WASHINGTON, June 14, 1918. SIR: Referring to recent correspondence between the State Department and the War Department with reference to bringing to this country the German prisoners of war captured by our troops, the following cablegram has been received from General Pershing: In view of the fact that labor situation here has necessitated our asking French and British for use of their prisoners of war, the wisdom of our sending prisoners home will probably be questioned by French unless good reasons for our action can be advanced. Request that subject be considered from that standpoint. The same objection does not hold with reference to officer prisoners of war who could be sent to America for internment. Arrangements now completed with British and French for transfer to us of all prisoners of war captured by our forces. I would be very glad to have the views of the State Department upon this subject from point of view suggested by General Pershing. Very truly yours, NEWTON D. BAKER File No. 763.72114/3714 The Secretary of State to the Secretary of War (Baker) WASHINGTON, June 21, 1918. SIR: I have the honor to acknowledge the receipt of your letter of June 14, 1918, in which you quote a telegram from General Pershing respecting the wisdom of sending to the United States all prisoners of war captured by our forces, and request an expression of the views of the Department of State on this subject. In reply I beg to inform you that article 24 of the treaty of 1799 with Germany, contains the only provisions with respect to the treatment of prisoners of war captured by the respective states, applicable at the present time. Aside from the provisions of this article, the question of the retention in Europe of German prisoners of war captured by our forces, would appear to be largely one of expediency. While, under a strict interpretation of article 24 of the above treaty, the contracting parties might be required to place the prisoners of war captured from each other in some part of their respective territories, I am of the opinion that the retention of German prisoners of war by our forces in a country in Europe in which they happen temporarily to be located, would accord with the spirit of the treaty of 1799, if not entirely with its terms, and that as long as such prisoners are retained by our forces and are not surrendered to our cobelligerents, and are otherwise accorded the treatment provided for by article 24, it is improbable that any objection would be raised to their retention in Europe. I should add, however, that in case Germany should claim a violation of the treaty by the retention of German prisoners by our forces in Europe, and retaliate in some manner, the United States may find it necessary to comply strictly with the terms of the treaty. I have [etc.] ROBERT LANSING File No. 763.72114/4070a The Secretary of State to the Swiss Chargé (Hübscher) The Secretary of State presents his compliments to the Chargé d'Affaires ad interim of Switzerland, in charge of German interests in the United States, and has the honor to advise him that certain. information has been received relative to German prisoners captured by the American forces in France, which information is transmitted herewith for the benefit of the Chargé d'Affaires. The central prisoners-of-war enclosure is now at St. Pierre de Corps, from which the prisoners, other than the officers, are sent out to near-by points as may be necessary. The officers are sent to a prison camp in the same neighborhood. Arrangements have been made with the American Red Cross Commissioner for Switzerland to have all package mail and inquiries regarding both officers and soldiers who are prisoners of war sent. to the Prisoners of War Inquiry Bureau, Central Records Office, Tours, France, A.P.O. 717, to be forwarded from there to their destination. WASHINGTON, September 5, 1918. File No. 763.72114/4090 The Acting Secretary of War (Crowell) to the Secretary of State WASHINGTON, September 12, 1918. The Acting Secretary of War presents his compliments to the Honorable the Secretary of State and has the honor to submit the following copy of cablegram received from General Pershing: Subparagraph F. Reference A-1604, paragraph 3, and P-1266, paragraph 2B, French Government recommends sending our enemy officer prisoners of war to the United States. I recommend the adoption of this as a policy. Under treaty of 1799 they do not work and their maintenance here involves unnecessary use of guards, lodging, and subsistence. We have 16 at Brest ready to send. More ready soon. Advise if you approve and when you will be ready to receive them. Suggest initial provision in United States for 100. Pershing. Your recommendations on the above are requested. File No. 763.72114/4090 The Secretary of State to the Secretary of War (Baker) WASHINGTON, September 18, 1918. SIR: I have the honor to acknowledge the receipt of a memorandum dated September 12, 1918, from the Acting Secretary of War (O.C.S., E.D.) submitting a copy of a telegram received from General Pershing recommending that enemy officer prisoners of war, captured by the forces of the United States, should be sent to the United States. In the memorandum under acknowledgment, my recommendations are requested with reference to the action as proposed. In reply, I have the honor to inform you that so far as German enemy officer prisoners of war are concerned, and I assume that this is the class to whom your action would apply, I perceive no objection to their being brought to this country to be held as prisoners of war here, under the terms of article 24 of the treaty of 1799 between the United States and Prussia (revived by article 12 of the treaty of 1828) in which it is provided that prisoners of war taken by one party from the other "shall be placed in some parts of their dominions in Europe or America, in wholesome situations." It is clear that under this express provision, German enemy officer prisoners of war can be sent to the United States, if that is considered desirable. As far as officer prisoners of war captured from Austria-Hungary by the forces of the United States are concerned, it is probable that they also can be sent to this country in the absence of any treaty restriction. I shall be pleased to be informed by you if you decide to take the course indicated, and also to be advised as to the numbers of enemy officer prisoners thus brought into this country and the camps in which they are placed. I have [etc.] For the Secretary of State: Assistant Secretary File No. 763.72114/4041 The Secretary of War (Baker) to the Secretary of State WASHINGTON, September 24, 1918. The Secretary of War presents his compliments to the Honorable the Secretary of State and has the honor to acknowledge the receipt of his letter of September 18, in which it is stated that there is no objection on the part of the State Department to officer prisoners of war taken by the American forces being brought to the United States. This matter is now before the conference at Berne, Switzerland. You will be informed of the final decision as to the disposition of these prisoners, after the report of this conference has been received. THE AMERICAN-GERMAN CONFERENCE AT BERNE: AGREEMENT OF NOVEMBER 11, 1918 File No. 763.72114/2800a The Acting Secretary of State to the Minister in Switzerland (Stovall) [Telegram] WASHINGTON, August 3, 1917, 5 p. m. 813. The Department considers that the time has now arrived to enter into an agreement with the German Government formally announcing the American Prisoners Central Committee at Berne as a relief society, and requesting for that society and its duly accredited agents facilities for the efficient performance of its humane task within the bounds imposed by military necessities and administrative regulations. This agreement should further define the contents of food and comfort packages and the method for forwarding and delivery of the same as proposed by the Committee. As these are matters which depend largely upon the local conditions at Berne and the size and scope of the Committee's organization, the Department will be glad to have the Committee prepare and cable as soon as possible the substance of a tentative agreement to be submitted by the Department to the German Government. As the American Prisoners Central Committee has now been definitely settled upon as the intermediary for war prison relief, the War Department recommends that representatives of the Committee be accredited to the Staff of the Commanding General, United States Expeditionary Forces, to the Quartermaster General, and at such other points as these two may deem necessary. This liaison is deemed necessary to insure the administration of the affairs of the Committee working in harmony with military operations. Please cable to the Department the names of such representatives as the Committee may be in a position to accredit to the military centers mentioned. The Red Cross in Washington informs the Department that they are in a position to supply such representatives if desired. The War Department further suggests that pending the uncertain period when an assured supply of food can be furnished by the Committee, a number of army rations, the components and exact |