File No. 701.6211/652

The German Ambassador (Bernstorff) to the Secretary of State

J. Nr. A 3807

My Dear Mr. Secretary: With reference to your letter of April 24 and mine of April 27, both concerning the case of Mr. Wolf von Igel, I beg to inform you that I have received by wireless message the following instructions from my Government:

No details whatever are known in Berlin about the alleged crimes. My Government would like to know the facts and when and where they occurred.

While most severely condemning any crime that may have been committed, the Imperial Government considers the procedure of the American authorities against Igel as contrary to international law.

As the State Department was notified and Mr. von Igel recognized as a member of the German Embassy, his diplomatic immunity should have been respected. For the same reason the documents in his physical possession were inviolable.

The Imperial Government can not accept the American argument that diplomatic immunity can not be claimed because of the gravity of the alleged crime and because it was committed before Mr. von Igel become a member of the German Embassy. Moreover, the Imperial Government feels all the less able to renounce privileges of immunity in this case, as the particularly harsh procedure of the American authorities has aroused legitimate irritation in Germany.

A legal consequence of the above seems to be that the seized documents should be returned to me.

I remain [etc.]

J. Bernstorff