File No. 702.6211/277
The Swiss Minister ( Ritter) to the Secretary of State
Interests I 3
Sir: This Legation had not failed to cable to the Swiss Government a complete list of all persons included in the official suite of [Page 582] the former German Ambassador when he left this country. We had then added that, according to information given verbally by your Department to this Legation, German Consul General Bopp, Vice Consul von Schack, and Chancellor Kaufmann, all of whom located at San Francisco, were detained by the court and could not leave the United States. In reply to this, the German Government has addressed to the Swiss Legation at Berlin the following note, dated February 22:
As the Swiss Legation communicates, the American Government is retaining in San Francisco German Consul General Bopp, Vice Consul von Schack, and Chancellor Kaufmann because of legal proceedings against them. The German Government has only incomplete and unofficial news regarding these proceedings. It is not in a position to judge whether, against its firm conviction, these three officials are really guilty of offenses against American laws. The latter seems improbable inasmuch as they are three officials of the same office, and it is hardly to be presumed that three members of the same office would commit in common the offense of transgressing the limits of the competency attached to their official position and infringing upon the laws of the United States. It seems more logical to believe their alleged offense to be the result of an erroneous conception on the part of the prosecuting officials of certain official acts of the former. However, the German Government fully agrees with the United States Government that persons violating the laws of the country, whether private citizens or officials, have to be treated according to these laws and that they cannot be exempted from prosecution. On the other hand, the German Government believes that the American Government is not unaware of the difficulties existing at the present moment in adhering to and applying this principle. It is of the opinion that the best solution of these difficulties would be found in an agreement that in view of the breach of diplomatic relations and the attendant discontinuance of consular rights and immunities the prosecution of actions taken in an official capacity and which presumably exceeded their rights be stayed. Practically, this would mean that legal proceedings against the three German officials would be deferred until after the re-establishment of diplomatic relations between Germany and the United States. The German Foreign Office prays the Swiss Legation to inform the United States Government of this opinion and to invite the latter to ask the three officials whether they will declare that after the re-establishment of diplomatic relations they will place themselves at the disposal of the American courts for the completion of the case against them. In case the three officials agree to this declaration and the United States Government accordingly agrees to free departure from the United States of the three men, the German Government hereby expressly assures that it will oblige the three officials to place themselves at the disposal of the courts of San Francisco after the re-establishment of diplomatic relations. Should the United States Government hesitate to allow the three officials free return to Germany, [Page 583] 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.]