Newton D. Baker to Woodrow Wilson

I have received your note of May 16th, inclosing a letter from Mr. Sabath dealing with the application of the provisions of Section 2 of the Military Bill, which excludes from liability to draft alien enemies.Mr. Sabath assumes that Slavac peoples from Germany and Austria would be regarded as alien enemies. Of course, Slavac peoples from Germany would be so regarded if they are not citizens of the United States, but not such people of Austrian citizenship. If I correctly apprehend Mr. Sabath's point, it is that these people, whether citizens of the United States or not, should be permitted to be drafted. I think the answer is that if they are actually citizens of the United States, they are subject to the draft and are not alien enemies; while if they are not citizens of the United States, they could not be subjected to the draft, nor would it be desirable to subject citizens of the German Empire to such draft, because if found as prisoners of war by the German Empire they would be guilty of the crime of treason and would probably be punished as such. I will ask Mr. Sabath whether I have misunderstood his letter, and if I have, will try to work out his proposition with him.