740.00115 European War 1939/259:
Telegram
The Chargé in the United Kingdom (Johnson) to the Secretary of State
London, February 7, 1940—7 p.m.
[Received February 7—5:30 p.m.]
331. Embassy’s 2454, November 25, 1 p.m.95a The
following telegram has been sent to Berlin as 48, February 7, 7
p.m.:
“With reference to Mr. Herschel Johnson’s notes No. 1657 of
December 11 (your 251, December 9, 10 a.m.)96 and No. 1683 of
December 16 (your 262 of December 14)97
regarding the release by the German Government of British
women and children and persons over 60 and under 18 years of
age, [apparent omission] has the honor to state that no
obstacle other than that of consideration for national
security will henceforth be placed in the way of the grant
of exit permits to all German citizens in these categories
in the United Kingdom, British colonies, overseas
territories, protectorates, mandated territories in respect
of which the mandate is exercised by His Majesty’s
Government in the United Kingdom, and India, provided that
the German Government reciprocates as they have undertaken
to do in the United States Embassy’s note No. 1683 of the
16th December.
2. Arrangements have been made to ensure that the German
citizens concerned should not be removed from ships during
their homeward journey, always provided that any individual
whose detention may be found to be desirable in the
interests of national security may be removed at any
time.”
A further note of the same date offers observations for your guidance
in dealings with the question of the release of British subjects
from Germany and German-occupied territory. It states:
- “2. Practical difficulties connected with the
coordination of procedure as well as transport
arrangements in the various colonies, protectorates and
mandated territories and India have until now prevented
His Majesty’s Government from making a concrete reply to
the proposals made by the German Government as reported
in the United States Embassy’s notes of September 12
(your 19, September 11,
[Page 189]
9 p.m.),98 September 18 (your 33, September
16, noon)99
and September 25 (your 42, September 22, 5 p.m.)1
in their aide-mémoire of October
4 (Department’s circular telegram of September 29)2
however the United States Embassy made certain
suggestions regarding the treatment of enemy aliens and
the concurrence of His Majesty’s Government with these
suggestions was communicated to the Embassy in Lord
Halifax’s note of November 24 (my 89, November 28, 11
p.m.)3
that of the German Government had been conveyed to the
United States Embassy at Berlin on October 14.
- 3. Although the formal reply to the German proposals
has had to be postponed, His Majesty’s Government have
given practical effect to principles in accordance with
those laid down in the United States aide-mémoire of the 4th October. So far as
possible German citizens have been allowed to depart
from the United Kingdom and territories within the
British colonial empire and India: no one has been kept
in internment except for sufficient reasons in each
individual case; and no reprisals have been
taken.
- 4. No less than 3572 German citizens have been allowed
to leave the territories in question since the outbreak
of war, whereas the German Government have allowed to
depart so far as the Foreign Office is aware 34 women
and 109 men including 107 Lascar seamen. They have
interned, or were proposing to intern, approximately 140
men and 120 women, apparently as a reprisal for British
internment of Germans, in spite of the undertaking not
to resort to reprisals which is inherent in their
acceptance of the principles of the United States aide-mémoire under
reference.
- 5. His Majesty’s Government have now formally stated
their intention to release forthwith women and children
and persons over 60 and under 18, subject to the proviso
that any individual may be retained for reasons of
national security, but this is dependent on reciprocal
action by the German Government. His Majesty’s
Government have given evidence of their good faith in
this matter in releasing large numbers of Germans in
advance of an undertaking; and they consider that it is
now for the German Government to respond by immediately
releasing from internment all British subjects,
especially women, with the possible exception of any
individuals they may consider it necessary to detain for
reasons of national security, and permitting with
similar exceptions the departure of all British women
and children and persons over 60 and under 18 who may
wish to leave.
- 6. This is in fact no more than has been promised in
the 2nd paragraph of the German note to the United
States Embassy in Berlin on October 14, but in view of
the action of the German Government in
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using internment as a
reprisal the Foreign Office await concrete evidence of
the German Government’s intentions in this matter. The
Foreign Office would remind Mr. Johnson that the German
Government consider that the exchange of British
subjects and German citizens should not consist of
exchanges of a number of British subjects for an equal
number of German citizens, nor of exchanges proportional
to the total number of enemy civilians in either
country. The Foreign Office concur in this view and are
of opinion further that the exchanges should not be on a
territorial basis. British Indian subjects for instance
should not be detained until the arrival of German
citizens from India. The Foreign Office consider that
any claim to justify such a procedure on the ground that
British subjects might all be released before the
arrival of German citizens from distant places would not
only be contrary to the undertaking given by the German
Government but has been already compensated in advance
by the release of a large number of German citizens in
distant places of whom many have already reached
Germany. Mr. Johnson will observe that the territories
contained in the “United Kingdom, British colonies,
overseas territories, protectorates and mandated
territories in respect of which the mandate is exercised
by His Majesty’s Government in the United Kingdom and
India form a whole, and that there is no intention of
negotiating individual exchanges in respect of any
particular territory comprised therein. Separate
representations have already been made, as Mr. Johnson
is aware, in respect of the Dominions.”