File No. 763.72111K92/65
[Enclosure—Translation]
The German Undersecretary of State for Foreign
Affairs (Zimmermann) to the American Ambassador (Gerard)
Nr. III a 12000/157999
Berlin,
September 12, 1916
.
The undersigned has the honor to inform his excellency, Mr. James W. Gerard, Ambassador of the
United States of America, in reply to the note of June 22, 1916,
Foreign Office No. 10716, on the subject of the escape of officers
and men of the German auxiliary cruisers Kronprinz
Wilhelm and Prinz Eitel Friedrich,
interned in American ports, that the matter was examined by the
German Government with all possible care from the very beginning.
The undersigned communicated the result of this examination to the
Ambassador with his note of February 16, 1916, IIIa 2610. It is
acknowledged therein that some of the members of the crews of the
German auxiliary cruisers who escaped were in the wrong towards the
Government of the United States of America and are therefore
required to be sent back to their vessels. If expression was given
in the note of the Ambassador of March 13, 1916, Foreign Office No.
8555, to the assumption that the reply of the German Government of
February 16, 1916, did not fully appreciate the seriousness of the
obligation assumed by the commanders of the two auxiliary cruisers,
the German Government is unable to see any reason for such a remark.
Upon renewed consideration of the matter nothing has resulted which
might induce the German Government to depart from its standpoint in
the matter made known to the American Government.
The declaration relative to Kapitänleutnant Brauer, who is missed by
the American Government, may be inferred from the German reply of
February 161 last to the extent that it is said therein
that merely these German officers and men who fled subsequent to the
giving of the assurance by the commanders on April 13 and May 5, and
whose names were given in the reply, could be considered in
connection with the return to the vessels, and Kapitänleutnant
Brauer was not among them. By way of further explanation it is added
that Kapitänleutnant Brauer was last on board his vessel (Prinz Eitel Friedrich) on March 16, 1915, and
was missing ever since the 17th of March, whereas it was not until
April 13, 1915 that the commander of the Prinz
Eitel Friedrich gave his promise, for himself, his officers
and men, not to pass beyond the limits of the country without the
permission of the commander of the American navy yard.
Kapitänleutnant Brauer was not in a position to violate this
assurance, since he had absented himself before it was given.
Previous to April 13, 1915, the German commander had merely received
orders not to permit anybody to go ashore, and he had informed his
officers and men accordingly that he would give no shore leave.
Kapitänleutnant Brauer violated this order of his superior.
Punishment for this disobedience is, however, a purely internal
affair of the German Navy. There is therefore no occasion for
sending him back to the ship; for there is no rule of international
law which prohibits attempt to escape on the part of the crew of a
warship interned in a neutral port.
As for the details concerning the flight and present whereabouts of
engineer officer Deicke of the steamer Locksun, interned in Honolulu, it has proven
impossible to find out anything on the subject. Mr.
Deicke has not returned to Germany.
With regard to the return of the officers and men whose obligation to
return was acknowledged in the reply of the undersigned dated
February 16, 1916, no one of them has arrived in Germany during the
intervening period, with the exception of Staff Surgeon
Krüger-Kroneck. It is, however, reported
that Doctor Nolte was captured by English naval forces on a neutral
ship on his voyage to Germany and taken to England, where he is
stated to be detained. Furthermore, from a report in the Evening Post newspaper of New York of October
30, 1915, the accuracy of which it was not possible to control here,
travelers who arrived at New York from Bermuda related that on
October 20, 1915, officers of the Australian cruiser Sidney came on board the steamer Bermudian and reported that on the 19th of
October, 1915, they had sunk the motor yacht Eclipse with six deck officers of the interned German
cruiser Kronprinz Wilhelm, and that they had
all been lost. It is apparent from the
[Page 722]
surrounding circumstances that this report
relates to the German Second Mates Biermann,
Forstreuter, Hoffmann, Ruedebusch and
Sub-engineers Fischer and
Lustfeld, mentioned in the German reply of
February 16, 1916.
With regard to Staff Surgeon Doctor
Krüger-Kroneck the German Government had
declared in its reply of February 16, 1916, that the question
whether his release was to be granted later on the ground of the
tenth Hague convention of October 18, 1907, relative to the
application of the principles of the Geneva convention to maritime
war, could not be affected by his return on board the vessel. In the
face of this the American Government believes that it should refuse
his release in the event of his return on the ground that his
presence on the ship is necessary on account of the considerable
number of cases of illness. The German Government is unable to
recognize this standpoint as correct. According to international law
(see also Article 10 of the Hague convention mentioned), the
sanitary personnel of captured ships cannot be made prisoner by the
enemy. This provision must be applicable in a still higher degree to
a neutral country interning the warship of a belligerent.
Accordingly the American Government would be under obligation to
permit Doctor Krüger-Kroneck at any time to
leave American territory again. The decision of the question whether
or how long his presence on board will be necessary rests within the
competency of the German commander. The German Government must
therefore persist in its standpoint that it is unable to send this
medical officer back to the ship until the American Government
secures a safe-conduct for him from Germany’s adversaries for his
return to America as well as for his subsequent removal to Germany.
He would be able to enter upon this journey home at any time, as
soon as the commander of the Prinz Eitel
Friedrich declared that his presence on the ship had become
unnecessary. The German Government begs for the present to await a
further statement from the Ambassador relative to the
safe-conduct.
The undersigned begs the Ambassador to bring the above to the
knowledge of the Government of the United States, and avails himself
[etc.]
