711.62119/29: Telegram
The Commissioner at Berlin (Dresel) to the Secretary of State
[Received August 11—3:13 a.m.]
656. In interview with Rosen this morning I stated the substance of Department’s 1350, August 8, 6 p.m. The only extended discussion took place in regard to point 1. Dr. Rosen stated that in his opinion the exact construction of articles I and II was not clear. The question arose whether the general statement of article I was controlled by article II and was limited to the parts of the treaty specially mentioned or whether under article I the United States might claim later the right to avail itself of rights, privileges, et cetera, not specified but contained in other parts of the treaty. He especially inquired as to the meaning of the word “embrace” in subsection 1 of article II as he did not understand whether it meant merely “include” or whether it signified “is limited to”. He therefore asked either, first, that some words of limitation be introduced into article II such as a substitution of the word “are” for the word “embrace” in subsection 1, or else, second, that the clause proposed in Department’s 1350, last sentence under point 1, should be inserted at the end of article I instead of after subparagraph 1 of the following article. In that case the words of Department’s proposed clause “mentioned in this paragraph” would obviously have to be eliminated. My personal opinion is that this last solution is the more satisfactory. I should, however, in any case be glad to know what construction the Department puts on these two articles in the respect mentioned. Rosen expressed no preference for either solution but brought up the point as he said in the interest of clarity. As to point 2 Rosen stated that he would communicate the decision to the Cabinet and points 3 and 4 were not further urged. While reserving a definite opinion on point 5 until the subject had been studied Rosen stated that in his opinion it would be acceptable. In conclusion in answer to a request on my part for immediate action Rosen stated that he was united with the members of the Cabinet in coming to the speediest agreement possible.