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RV 72

4. As to the readmission of these Czechoslovak volunteers, a good deal would, of course, depend on the interpretation the immigration authorities would give to the resolution if it should remain in the present form. But our government as yet has not recognized the Czechoslovak nation as a belligerent, even if the French in effect has done so. Under international law the status of belligerency can hardly be said to exist even though there are Czechoslovak armies fighting against Austria and Germany in Russia, Italy, and France. But if a movement is to be accorded belligerent rights, international law seems to demand that the insurrectionary movement must not only have been participated in by a considerable portion of the population, as is the case with the Czechoslovaks even now, but also that the revolutionists must have proved their ability to maintain themselves in certain well-defined limits of territory, and must be established and must be prepared to maintain diplomatic intercourse with the states whose recognition is sought. (See Davis on International Law.) Owing to the peculiar situation in Austria, this second requirement as yet could not be fulfilled.

5. At any rate, there is so much doubt as to whether the resolution would cover the cases of the Czechoslovak volunteers who might be crippled and would desire to return to this country, that it would seem only fair and just that the resolution be so worded as to cover their case, assuming that this resolution passes. It is to be highly appreciated that you