The Secretary of State to the German Ambassador ( Bernstorff )
My Dear Mr. Ambassador: I have received your informal note of the 19th instant, notifying the Department that Messrs. H. D. Wilckens, Fritz Borgemeister, Carl Heynen, and Georg Hoffmann were employed in the office of Mr. Albert, commercial attaché of your Embassy, and suggesting that these gentlemen are entitled to diplomatic immunity and that Mr. Wilckens therefore is exempt from testifying before the Federal Grand Jury in the Koenig case. I understand, however, that he has already appeared and testified in that case, so that it is not necessary to discuss his immunity from subpoena for that purpose. I should nevertheless bring to your notice my information that Mr. Wilckens is the regular employee of Mr. Koenig and spends only a small part of his time in the employ of Mr. Albert. If this is the true situation, I am sure you will understand that it would be difficult for the Government to afford the same immunities as those enjoyed by regular employees of your Embassy. I understand that diplomatic privilege is not that of employees and domestics of an embassy, but that of the head of the mission, and that they are clothed with diplomatic immunity so that his personal comfort and state may not be affected by their arrest. There are other limitations upon diplomatic immunity of domestics and employees of the embassy, such as liability in civil and criminal causes arising prior to their appointment, etc., which I need not discuss at this time. Subject to such reservations, the Department has received your notice in regard to these gentlemen.
I am [etc.]