The Secretary of State to the German Ambassador ( Bernstorff )

My Dear Mr. Ambassador: I beg to acknowledge the receipt of your letter of to-day advising me that your Government considered that it was entitled to expect that the request of this Government for the immediate recall of Captains Boy-Ed and Von Papen would not be made public until the Imperial Government had been given an opportunity to be heard from, and that it regretted that my Government should have neglected this courtesy which it asserts to be customary between friendly nations. You also inform me that, before [Page 950] your Government answers the request of my Government, it wishes to have for its information what facts have induced this Government to ask for the recall of the two attachés.

As I have informed you, the request for the recall of the two attachés of your Embassy was made only after careful consideration of numerous facts and circumstances which convinced this Government that the two officers could no longer be considered personae gratae to this Government and that, therefore, their continuance in the United States with diplomatic immunities would be unacceptable. Having reached this conviction only after mature deliberation, this Government believed that the announcement to the Imperial Government of the fact that Captains Boy-Ed and Von Papen were unacceptable and that their recall was desired would result in their immediate withdrawal without demur or question. Holding that belief as to the course which the Imperial Government would pursue and which is in accord with the custom of nations when requests of this nature are made, this Government perceived no reason for keeping secret its action. It regrets that the Imperial Government considers that in giving publicity to its action this Government showed any discourtesy to your Government, but as it holds that its course involved no impropriety, it could not be expected to express any regret for having taken that course.

It is a matter of surprise to this Government that the Imperial Government should not act immediately upon the request for recall, as this Government has stated that the two attachés are personae non gratae. I am sure you will realize that whatever may be the reasons for the request, this Government, and not the Imperial Government, is the one to judge of their sufficiency to support a conclusion as to the acceptability to this Government of members of a German diplomatic mission. Whether the primary grounds for this Government’s request are based on legal proof, on presumption, or on mere suspicion of conduct displeasing to it appears to me immaterial in view of the fact that Captains Boy-Ed and Von Papen are no longer acceptable.

As I stated briefly in my letter to your excellency on the 4th instant reciting the oral statement which I made to you on December 1, the relation of the two attachés to persons engaged in illegal or questionable practices was known. I will mention Von Wedell, Ruroede, Rentlen, Stegler, Buenz, Archibald, and Marcus Braun as the names of some of the persons who have offended. I might refer to other men and furnish facts as to their activities, but as these are also at the present time the subject of official investigation, to do so might prevent the apprehension of those who have violated or are violating the laws of this country.

Though, as I have already stated in this letter, I consider that this Government is required to do no more than to express its wish that Captains Boy-Ed and Von Papen should be recalled because they have become personae non gratae, I have made the foregoing statement in order that your Government, if it so desires, may investigate the conduct of its attachés. Moreover, to be more explicit as to the facts might interfere with certain investigations now being conducted by this Government, might close valuable channels of information, and might thus defeat the ends of justice, while it might draw forth [Page 951] grounds of suspicions which would tend to jeopardize rather than improve the friendly relations of both countries. I need not inform your excellency that it is the sincere wish of this Government to avoid differences of this nature when it can do so consistently with its dignity and its duty.

I am [etc.]

Robert Lansing