File No. 701.6211/651
The German Ambassador ( Bernstorff ) to the Secretary of State
My Dear Mr. Secretary: I hereby acknowledge the receipt of your letter of 24th instant. I appreciate most fully the good will towards my Government which animated you in writing that letter. In the absence of any instructions from my Government in regard to the Von Igel situation, my individual views as to the respective rights and obligations presented by and arising from what has occurred differ very radically from those suggestions in your letter. Primarily we are not agreed on the facts.
First, as to Mr. von Igel’s status: He had been prior to his arrest notified to your Department as attached to this Embassy and entrusted with the continuance of the office of the former military attaché at New York, and you thereafter placed his name upon the list of the officials of this Embassy. Prior to such notification he was secretary to the military attaché, having come to this country on August 27, 1914, for such purpose. The crime is charged as committed on August 1, 1914. He was then in Germany. It seems clear that under universally accepted rules of international law he was on April 18, 1916, immune from criminal prosecution or arrest at the hands of your Government for any offense committed by him while he was in Germany or after his arrival here.
As to the papers, my information is that they were physically taken from the possession of Mr. von Igel at the time of his arrest and that the seizure was attempted to be justified because of that fact by the local officials. The situation is therefore not that which might have arisen had the papers been taken from premises in the absence of a duly accepted official of the Embassy’s staff. Moreover, the [Page 812] lease was in the name of Mr. von Igel whose official status I have already referred to. In addition the papers had been on the day of the arrest in a safe in the office, which safe bore the seal of the Embassy. The papers had been temporarily taken from the safe by Mr. von Igel.
It seems clear to me that the seizure of the papers can not be sustained as legal and that they should be returned together with all copies and notes taken therefrom.
In the absence of instructions from my Government I can not accede to your suggestion that I should inspect the documents and make a declaration upon such inspection as to what I regard as official and what, if any, I do not so regard.
I am in accord with your view that if any crime has been committed by an official under the protection of the Embassy, he should be punished. I must respectfully add, however, that such punishment should be meted out by his own Government upon presentation to that Government of the facts.
As I have not yet received instructions in this matter from my Government and as your. Department has not finally acted in the matter, I would respectfully request that, pending or until a final conclusion has been reached, the local officials should be asked not to proceed with the prosecution.
I am [etc.]