701.6211/325½
The Secretary of State to
President Wilson
Washington,
December 1, 1915.
My Dear Mr. President: This morning, at
ten-thirty, I saw the German Ambassador and I enclose a memorandum of
the conversation which I had with him. I told him that I expected to
make public announcement on Friday that we had requested the withdrawal
of Boy-Ed and von Papen.
[Page 85]
This afternoon, at two-thirty, I saw the Austrian Chargé and went over
the von Nuber case. I told him that this Government felt that von Nuber
was unacceptable and that it was our purpose to revoke his
exequatur.
Baron Zwiedinek was very much distressed and showed great feeling. We
discussed the case and he was most insistent that von Nuber in his
publication of warnings to Austro-Hungarian subjects in regard to work
in munition factories acted under instructions from the Embassy, which
it had received from the Vienna Government. He told me that he
considered the action of his Government in this matter unwise and had so
informed the Foreign Office; and that they had subsequently advised
those who proposed to participate in strikes to avoid doing so. He plead
with me to reconsider the question, and while I gave him no hope that
our views would be changed I told him that I would do so. The fact is
that his presentation of the case has shaken my judgment as to the
wisdom of cancelling the exequatur. It is possible that we are doing an
injustice and I should very much dislike being unable to furnish
substantial grounds for our action, although, in my own mind, I believe
von Nuber has been very active in these matters. It is merely a question
of evidence.
Of course we do not need to give our reasons, but in this particular case
if we give no reasons the inevitable conclusion is that we have accepted
the statements of Goricar, the renegade Austrian Consul,13 and others who have made unproven allegations
against von Nuber.
In any event I think it would be well to consider the matter a few days
longer. If you approve of this course will you please advise me tomorrow
morning, in order that I may notify Baron Zwiedinek that the exequatur
will not be revoked tomorrow, as I told him that was the intention.
I enclose several papers which he left with me14
bearing on the question and which I would be obliged if you would return
to me as soon as possible, in order that I may further study the
case.
Faithfully yours,
P. S. I think I should add that von Nuber sent a cipher report to his
Government by Archibald so that we have that substantial ground for
revoking his exequatur.
[Page 86]
[Enclosure]
Memorandum by the Secretary of State of an
Interview With the German Ambassador (Bernstorff)
[Washington,]
December 1, 1915.
I told the Ambassador that I had asked him to come to the Department
and that I had an unpleasant duty to perform, which was to say that
Captain Boy-Ed and Captain von Papen were both unacceptable to this
Government, and we desired them to withdraw from the country.
The Ambassador seemed very much perturbed and asked me if I did not
think his Government would desire the reasons for their recall. I
said that was possibly so but that of course he appreciated it was
only necessary for me to say that they were unacceptable to this
Government, without giving any reasons.
However, I told him briefly that their activities in military and
naval affairs were such here that they involved violations of our
laws, and fraudulent practices, and that on that account they ought
not be shielded under diplomatic privileges from being subject to
our Courts.
He asked as to particulars and I mentioned Boy-Ed’s securing of false
affidavits in regard to the shipment of supplies to German war
vessels from the port of New York; his being involved in a
fraudulent passport case for one Stegler; and also that he had
communicated with Huerta who was proposing to enter Mexico. The
Ambassador seemed much surprised at the latter statement and said he
knew nothing about it. I told him we had very good proofs and
certainly were convinced that Captain Boy-Ed had seen Huerta several
times, both at the Hotel Manhattan and Hotel Astoria.
We did not discuss the case of von Papen.
The Ambassador asked me just where he stood—was he involved in these
matters. I said no, that so far as he was concerned these matters
were of a military and naval character and that we had gone no
further at present.
I then spoke to him about the Lusitania case.
He said he was hopeless of securing an agreement along the line
suggested by me; that he was convinced his Government would not, in
view of public opinion in Germany, dare to do as we desired; that
the whole question was one of liability to pay damages.
I said to him that he had informed me that he had sent the formula by
mail to his Government15 and that it seemed to me that more prompt
action was required; and I therefore offered to send a cipher
message for him through the Department.
[Page 87]
He expressed his thanks and said he would avail himself of it; and
that he would notify his Government of our wishes in regard to
Captains Boy-Ed and von Papen by wireless, which was working very
well.
I also told him that I should make public announcement this week
probably on Friday, of our request for the recall of his Military
and Naval Attachés. He asked me how they could be allowed to depart,
and I told him that we would do all we could to secure safe conducts
for them.
