File No. 702.6211/215.
Counselor Lansing to the German Ambassador.
Washington, April 5, 1915.
Sir: I beg to acknowledge your personal note of March 28, 1915, wherein, with reference to the arrest of the Imperial German Consul at Seattle, you call my attention to section 256 of the judiciary act approved March 3, 1911, which vests jurisdiction in the courts of the United States exclusive of the courts of the several States in all suits and proceedings against consuls and vice consuls.
The Department has, by telegraph, brought the substance of your communications to the Department in relation to this matter to the attention of the Governor of Washington to the end that, irrespective of what the facts may be in relation to the alleged commission of the offense with which the Consul is charged, no proceedings may be taken against him which are not warranted under the law of this country.
In this relation I may refer to the fact that in the memorandum addressed by you to the Department under date of March 18, 1915, you stated that the acts of the local authorities appeared to be in contravention of articles three and five of the consular convention concluded December 11, 1871, between the United States and the German Empire. From the information in possession of the Department, it seems to me doubtful that the authorities have acted at variance with the provisions of the treaty. In referring to article three of the treaty, I presume you have in mind the provision thereof in relation to the immunity of consular officers from arrest and imprisonment. I beg to call your attention to the fact that such immunity is not granted to these officials, in the language of the treaty, “in the case of crimes.” Article 5 of the treaty stipulates [Page 407] that consular archives shall be inviolable as shall also offices and dwellings of consuls which shall not be invaded by the local authorities except in the case of pursuit for crimes. So far as the Department is informed, it does not appear that any action has been taken by the authorities in violation of these stipulations.
The Department has requested from the Governor full information regarding the nature of the charges against the Consul, the evidence on which these charges are based, and the character of the proceedings instituted against the Consul.
Believe me [etc].