701.6211/370½
The Secretary of State to President Wilson
My Dear Mr. President: I send you a letter which I have just received from the Attorney General29 in regard to the seized papers in the Von Igel case and would like to have your views at the earliest possible moment in regard to the disposition which should be made of them.
I do not believe that these papers can be claimed as archives of the Embassy as they were unsealed and were taken from a room which was rented by an individual as an advertising agency. Von [Page 98] Igel, as I understand it, rented this room before he was notified to us as an Attaché of the Embassy.
I believe that there are two things that a Government should respect in regard to the papers of a foreign government in its territory: First, papers that are on the premises of the Embassy; and, second, papers that are under seal of the Government. I think that the immunity of even official documents attaches solely from the immunity which applies to the premises of the Embassy or the official seal.
If this is a correct interpretation of the rule I do not see that the Von Igel papers are covered by it. My impression is that the Department of Justice can retain them all.
I would also call your attention to that portion of the Attorney General’s letter which points out that these papers in no way pertain to the legitimate purposes of an Embassy—that is, to its relations with the Government to which the Ambassador is accredited, with a few exceptions.
Faithfully yours,
- Not printed.↩