§§ 188-189] DISMISSAL OF GERMANS (e) [$188] Dismissal of Boy-Ed and Von Papen. 111 EXPULSION OF THE PLOTTERS. Department of State, Washington, Dec. 4, 1915. Excellency-Confirming my conversation with you on December 1, I have the honor to state that various facts and circumstances having come to, the knowledge of the Government of the United States, as to connection of Captain Boy-Ed, Naval Attaché, and Captain von Papen, Military Attaché, of the Imperial German Embassy, with the illegal and questionable acts of certain persons within the United States, the President reached the conviction that the continued presence of these gentlemen as attachés of the Embassy would no longer serve the purpose of their mission, and would be unacceptable to this Government. The President, therefore, directed me to notify your Excellency, as I did orally, that Captain Boy-Ed and Captain von Papen are no longer acceptable to the Government of the United States as attachés of his Imperial Majesty's Embassy at Washington, and to request that your Excellency's Government withdraw them immediately from their official connection with the Imperial German Embassy. As I informed you at the time of our interview, the Government of the United States deeply regrets that this action has become necessary and believes that the Imperial Government will realize that this Government has, in view of all the circumstances, no alternative course consistent with the interests of the two Governments in their relations with each other. Accept, etc. ROBERT LANSING. RENEWED EXPULSION. My Dear Mr. Ambassador: Department of State, Washington, D. C., Dec. 10, 1915. On December 1, I informed Your Excellency that Captain Boy-Ed, the Naval Attaché of your Embassy, and Captain von Papen, the Military Attaché, were no longer personæ gratæ to my Government and requested that the Imperial Government immediately recall the two Attachés. As ten days have passed without the request of this Government being complied with and without communication from you on the subject, other than your personal letter of the 5th inst., which in no way affected the fact that the two Attachés were unacceptable or presented a ground for delay, I feel compelled to direct your attention to the expectation of this Government that its request would be immediately granted. I trust, my dear Ambassador, that you appreciate the situation and will urge upon your Government a prompt compliance with the request in order that this Government may not be com pelled to take action without awaiting the recall of the Attachés, an action which this Government does not desire to take, but will be forced to take unless the Imperial Government meets the express wish of this Government without further delay. I need not impress upon your Excellency the desirability of avoiding a circumstance which would increase the embarrassment of the present situation. I am, etc. ROBERT LANSING. RELUCTANT RECALL BY GERMANY. German Embassy,.. Washington, D. C., Dec. 10, 1915. Mr. Secretary of State: In reply to your note No. 1,686 of the 4th of this month, I have the honor to inform your Excellency that his Majesty the Emperor and King has been most graciously pleased to recall the Naval Attaché of the Imperial Embassy, Captain Boy-Ed, and the Military Attaché, Captain von Papen. I am instructed to beg your Excellency to obtain for the above-named gentlemen and their servavnts, Gustav Winkow and Otto Mahlow, a safe conduct for the return trip to Germany from the powers at war with the German Empire, and also to insure the trip of the successors of those gentlemen to the United States in the event of their being supplanted by his Majesty. Accept, etc. (New York Times, Aug. 17, 1916.) J. BERNSTORFF. (f) [$189] Activity of the Austrian Ambassador. BY AMBASSADOR CONSTANTIN DUMBA and SECRETARY OF STATE ROBERT LANSING (September, 1916). The letter was entirely in Dr. Dumba's handwriting. The following is a translation of Dr. Dumba's letter to Burian, envelope was addressed "Through good opportunity to his Excellency von Burian, etc., etc., etc., Vienna": Noble Lord: OFFICIAL REPORT ON CAUSING STRIKES. Yesterday evening Consul General von Nuber received the inclosed pro memoria (aide memoire, as it has been called, or simply "memorandum") from the chief editor of the local influential newspaper Szabadsag after a previous conversation with me and in pursuance of his oral proposals with respect to the preparation of disturbances in the Bethlehem Schwab's steel and munitions factories as well as in the Middle West. To-day at 12 o'clock Mr. Archibald, who is well known to Your Excellency, leaves on the Rotterdam for Berlin and Vienna. I would like to use this rare, safe opportunity to recommend the proposals most warmly to your Excellency's favorable consideration. I am under the impression that we could, if not entirely prevent the production of war material in Bethlehem and in the §§188-189] AUSTRIAN OUTRAGES 113 Middle West, at any rate strongly disorganize it and hold it up for months, which, according to the statement of the German Military Attache, is of great importance, and which amply outweighs the relatively small sacrifice of money. RELIEF OF WORKINGMEN. But even if the disturbances do not succeed, there is a probability at hand that we shall compel, under pressure of the crisis, favorable working conditions for our poor oppressed fellowcountrymen. In Bethlehem these white slaves at present work twelve hours a day in seven days in the week!!! Alas, weak persons succumb, become consumptive. As far as German workingmen are found among the skilled elements, provision will be made forthwith for their exit. There has, besides this, been created a German private (underlined) registry office for providing employment, and which already works voluntarily and well for such persons. We, too, shall join, and the widest support is contemplated for us. I beg Your Excellency kindly to inform me through wireless reply with respect to this letter, whether you approve of same. In greatest haste and respectful devotion, DISMISSAL OF THE AMBASSADOR. C. DUMBA. Mr. Constantin Dumba, the Austro-Hungarian Ambassador at Washington, has admitted that he proposed to his Government plans to instigate strikes in American manufacturing plants engaged in the production of munitions of war. The information reached this Government through a copy of a letter of the Ambassador to his Government. The bearer was an American citizen named Archibald, who was traveling under an American passport. The Ambassador has admitted that he employed Archibald to bear official despatches from him to his Government. By reason of the admitted purpose and intent of Mr. Dumba to conspire to cripple legitimate industries of the people of the United States and to interrupt their legitimate trade and by reason of the flagrant violation of diplomatic propriety in employing an American citizen protected by an American passport as a secret bearer of official dispatches through the lines of the enemy of Austria-Hungary, the President directs me to inform your Excellency that Mr. Dumba is no longer acceptable to the Government of the United States as the Ambassador of his Imperial Majesty at Washington. Believing that the Imperial and Royal Government will realize that the Government of the United States has no alternative but to request the recall of Mr. Dumba on account of his improper conduct, the Government of the United States expresses its deep regret that this course has become necessary and assures the Imperial and Royal Government that it sincerely desires to continue the cordial and friendly relations which exist between the United States and Austria-Hungary. (September 10, 1916.) LANSING. COMPLAINT OF DUMBA. The main proposal that seemed practicable and upon which the opinion of our Minister for Foreign Affairs was asked was for the expenditure of sums for entirely legitimate purposes and which should not in the aggregate exceed $15,000, to be used in bringing the proclamation to the attention of our citizens in the munitions factories here and through a campaign in the newspapers published here in their own languages, appealing to their patriotism to induce my countrymen to quit taking part in the manufacture of arms and ammunitions for the enemy and at the same time to establish employment agencies to secure work elsewhere for such of them as should comply with the proclamation. As the Austro-Hungarian Ambassador is and has been for many months past in the phenomenal position of being unable to communicate privately with his Government, although our enemies are and have been permitted freely to use the cables for their secret code dispatches without censorship, I have, by the grace of your department, now been permitted to communicate with my Government through the German Embassy, but to the extent only of asking for leave of absence to the end that I may in person explain my position, and meantime to suspend judgment upon the charges contained in your Excellency's message and am now awaiting a reply. I have not even been allowed to advise my Government that I do not admit having conspired to do any act in violation of the laws of the country to which I am accredited and whose hospitality I have enjoyed and have in no way abused. The message that I sought to have transmitted to that effect was rejected by your censor, as hereafter explained. In some unaccountable way this confidential message was communicated to the press and has been published. I ask you in all fairness, was ever an Ambassador in a neutral country confronted with such a situation, created and enforced by the Government to which he is accredited, whilst the Ambassadors representing enemies of his country have unlimited means of secret communication. It has been made literally impossible for me to communicate privately with my Government. Under such conditions I have no apologies to offer for having intrusted my letter to Mr. Archibald. If the conveying of letters to Europe by Americans traveling abroad during this war is an offense, it is one of which most Americans are apparently ignorant, as the courtesy has frequently been volunteered by my friends and is habitually practiced. It did not for a moment occur to me that it was improper, nor am I yet able to see it in that light, having regard to the entirely legitimate purposes I had in mind in the line of the performance of my duty. C. DUMBA. (New York Times, Sept. 15, 19, 1917.) §§189-191] GERMAN INTRIGUES (g) [§190] German Intrigues in Mexico. BY FOREIGN SECRETARY ZIMMERMANN. Berlin, Jan. 19, 1917. 115 On the 1st of February we intend to begin submarine warfare unrestricted. In spite of this, it is our intention to endeavor to keep neutral the United States of America. If this attempt is not successful, we propose an alliance on the following basis with Mexico: That we shall make war together and together make peace. We shall give general financial support and it is understood that Mexico is to reconquer the lost territory in New Mexico, Texas and Arizona. The details are left to you for settlement. You are instructed to inform the President of Mexico of the above in the greatest confidence as soon as it is certain that there will be an outbreak of war with the United States, and suggest that the President of Mexico, on his own initiative, should communicate with Japan suggesting adherence at once to this plan; at the same time offer to mediate between Germany and Japan. Please call to the attention of the President of Mexico that the employment of ruthless submarine warfare now promises to compel England to make peace in a few months. (Boston Herald, March 1, 1917.) (Signed) ZIMMERMANN. E. [8191] VIOLATION OF FREEDOM OF THE SEAS. 1. Specific References on the Section. (a) General discussion. See §§11, 121-125 above. Sidebotham, H. "Discussion of Freedom of the Seas," in Stockton, C. H. "International Law on the Sea," in World's Garner, James W. "Questions of International Law in the Garner, J. W. "Destruction of Neutral Merchant Vessels," Renault, Louis. "War and the Law of Nations in the 20th (b) Contraband Lists: Oppenheim. International Law (1st ed., 1906), II, §§ 393- Lawrence. Principles of Internat. Law, $278. (1895.) Declaration of London, Arts. 22 seq. (c) Blockade, Legality and Justification. Perels. Manuel de Droit Maritime Internat., §48. Bluntschli. Droit Internat. Codifié, §§827-840. Lawrence. Principles of Internat. Law, §271. Woolsey. Internat. Law, 343. Hall. Internat. Law (6th ed. 1909), 628 seq. |