many, then the German Government proposes to approach a neutral government, perhaps the Spanish or the Swiss, to receive the three men during the suspension of diplomatic relations between the two countries. The neutral government in question would then be asked by the German Government also to oblige the three officials to return to the United States after the re-establishment of diplomatic relations. I have the honor to inform your excellency of the above according to instructions received from my Government. Accept [etc.] P. RITTER File No. 702.6211/277 The Acting Secretary of State to the Swiss Minister (Ritter) No. 396 WASHINGTON, March 3, 1917. SIR: I beg leave to acknowledge the receipt of your note of February 28, transmitting the proposal of the Imperial German Government that Messrs. Bopp, von Schack, and Kaufmann be allowed freely to leave this country on the understanding that they will, upon the resumption of diplomatic relations, return to the United States and place themselves under the jurisdiction of the courts to stand trial on the charges which have been made against them. I note the intimation in the German Government's communication that under existing circumstances the Government of the United States would experience difficulty in affording a fair trial to these German officials. I can not allow this unwarranted assumption to pass without comment. Not only is there no ground for the doubts expressed on this score, but the German Government must have been able to observe for itself that in the treatment accorded Count von Bernstorff and to German officials and subjects generally the American Government and people have shown the most scrupulous regard for their obligations of protection and courtesy. In view of your opportunities for observing German subjects and interests in this country, I need hardly assure you that nothing has occurred to warrant any doubt as to the ability or willingness of the courts of this country to administer justice with their usual fairness. I can not see that any reasons exist which would warrant this Government in acceding to the rather unusual request of the Imperial German Government and will be much obliged if you will so inform it. Accept [etc.] FRANK L. POLK File No. 763.72111/5685 The Swiss Minister (Ritter) to the Secretary of State Department of German Interests XI 20 MEMORANDUM The Minister of Switzerland, representing German interests in the United States, presents his compliments to the Secretary of State, and has the honor to communicate to his excellency text of a cable message received from the Swiss Foreign Office: According to information [received] new proceedings to be instituted against German Consul General Bopp and Vice Consul Schack, interned Fort McDowell, for alleged violation American neutrality. Imperial Office requests confirmation and eventually counts of charges brought against these two officers. If bail can prevent imprisonment pending trial it is to be charged to German fund.1 The Minister begs leave to inquire the details regarding the present state of the judicial processes in which former Consul General Bopp and former Vice Consul von Schack are involved, in order that he may duly inform his Government regarding the same. In the event that the Government of the United States is disposed to release these men on bail, pending the trial of the indictments found against them, the Minister has the honor to inform his excellency that the Legation will arrange the necessary bail as security for their due appearance in court. WASHINGTON, October 17, 1917. File No. 763.72111/6716 2 The Attorney General (Gregory) to the Secretary of State 2 WASHINGTON, October 25, 1917. SIR: The Department is in receipt of your letter of October 19, 1917, transmitting a memorandum from the Swiss Minister relative to the cases of former German Consul General Bopp and former German Vice Consul von Schack. In reply to the request for details regarding the present state of the judicial processes in which Consul General Bopp and Vice Consul von Schack are involved, I desire to say as follows: Bopp and Von Schack were indicted for violation of the Sherman Anti-Trust Law and for violation of Section 13 of the Federal Penal Code, relative to military enterprises and expeditions within the United States. They were tried by a jury in the District Court of the United States for the Northern District of California, were found guilty, and were duly sentenced to terms of imprisonment and fines. They took an appeal in the cases and were admitted to bail pending appeal. While the appeal was pending, a state of war was declared with Germany, and under the President's proclamation of April 6, 1917, relative to alien enemies, Bopp and Von Schack were arrested and interned. During such internment another and separate indictment was found against Bopp and Von Schack by the grand jury for violation of Section 13 of the Federal criminal laws, relative to military enterprises or expeditions, connected with the Maverick, the Annie Larsen, and the so-called Hindu plots. This indictment related to an entirely different crime from that for which Bopp and Von Schack had been already tried and convicted. They will be put upon trial on the latest indictment sometime during November, 1917. I desire to say that in no event will this Department assent to the release of these men on bail pending the trial on the indictment, inasmuch as they are now interned alien enemies. Respectfully, For the Attorney General: CHARLES WARREN Assistant Attorney General THE RETURN OF DIPLOMATIC OFFICERS FROM THEIR POSTS UPON THE SEVERANCE OF RELATIONS BETWEEN THEIR COUNTRIES Return of the American Ambassador from Germany File No. 124.62/20a The Secretary of State to the Ambassador in Germany (Gerard) [Telegram] WASHINGTON, February 3, 1917, 1 p. m. 3860. The President will address Congress to-day at 2 o'clock and at the same hour passports will be handed to Count Bernstorff and the members of his suite. You may request the German Government to deliver passports to you and your staff, and you will leave Germany as soon as practicable. You and Grew to return to the United States; Wilson is assigned to Switzerland; Kirk to The Hague; Scotten and Osborne to London. Refer to Department's 2944 of April 28, 1916,1 and request the Spanish Ambassador to be so good as to care for American diplomatic and consular interests in Germany. The Department has telegraphed to Madrid making this formal request of the Spanish Government. 1Foreign Relations, 1916, Supplement, p. 249. Refer to Department's 2962 of May 1, 1916, and act accordingly.' Department has informed London that you will entrust British interests to Netherland Minister; has informed Tokyo that you will entrust Japanese interests to the Spanish Government; has informed the Serbian Government that the Spanish Ambassador in Berlin will care for Serbian interests; and until the Department has received information from the Roumanian Government you may also entrust Roumanian interests to the Spanish Embassy. Follow Department's 2944 regarding books, vouchers, and accounts relating to expenditures out of funds belonging to British, Japanese, and Serbian Governments. Follow also same procedure with regard to Roumanian funds. Destroy special green and green ciphers, and deliver other ciphers to Spanish Ambassador. Your 4971, January 31.1 You may lease Embassy for another year, beginning July 1. Advise all American citizens to leave Germany at once. All Embassy special assistants should accompany you and Grew to the United States. Direct consular officers, including agents, to place consulates and archives in custody of representatives of Spain and proceed with American clerks, including war-relief clerks and George Vaze, to United States where they will be given leave of absence in Department's discretion; except Quarton and Gray who should report to Consul General at Rotterdam, and Reilly to Consul General, Stockholm, and Harter to Consul General, Copenhagen for duty. Expenses of transportation of families and of storage of household and personal effects or rent of residence where storage not possible or lease of residence not terminable will be paid from time to time upon receipt of accounts and vouchers. Codes, cipher messages or translations, seals and accounts, including all accounts, vouchers, and papers relating to expenses of representing foreign interests and for individual relief, should be delivered to Embassy for transmission to Department. Rent of offices to March 31 should be paid. Also pay salaries of clerks and employees who are not American citizens to March 31 when services of foreign subjects will terminate. Take receipts covering full period of each payment. Embassy should deliver to Spanish Ambassador list of future payments to be made for rent and similar obligatory expenses of Embassy and consulates after March 31 with blanks and instructions covering such payments. Discontinue all expenses not obligatory. All money on hand belonging to United States in excess of payments herein authorized should be deposited with Embassy and re 'Not printed. ceipt taken. Embassy should deliver to Spanish Ambassador amount sufficient to meet expenses of Embassy and consulates for six months taking receipts therefor. Remainder should be converted into New York exchange to be brought to Washington. Funds held on account of foreign governments for relief and other purposes should be delivered to diplomatic representatives selected by those governments to take charge of their interests taking and forwarding to Department receipts in triplicate for exact amount so delivered. Commissions of vice consuls of German nationality will be canceled and Foreign Office should be so notified before leaving. LANSING File No. 124.62/21 The Ambassador in Germany (Gerard) to the Secretary of State [Telegram] BERLIN, February 5, 1917. [Received February 6, 3.55 p. m.] 5002. Foreign Office informs me that I and my staff will not be permitted to leave Germany until definite information is received regarding arrangements made for departure of Count Bernstorff and his staff from the United States. Please answer urgently with full details also as to consuls. Foreign Office will send cable to Bernstorff in cipher which censor at Sayville has and hopes it will be delivered. We are not allowed to telegraph to our consuls until we hear your dispositions what [as to] German consuls then on [return]. Reports here German ships and crews have been seized, and Foreign Office says prisoners on Yarrowdale will not be released until news comes that these reports are not true. GERARD File No. 701.6211/413a The Secretary of State to the Ambassador in Spain (Willard) [Telegram] WASHINGTON, February 6, 1917, 6 p. m. 222. For paraphrase and transmission through Foreign Office to Spanish Ambassador at Berlin. Your 5002, February 5. United States Government surprised at attitude of German Government. Complete arrangements have been made for departure of Count and Countess Bernstorff, the Embassy staff, and all German consuls in the United States, with their families, as stated in my 213, February 5.1 All, about 200 in number, will sail on Frederik VIII, February 13. In view of complete arrangements in detail for departure of Ambassador and consuls with their fami 1Post, p. 591. |