File No. 763.72111K92/65

The Ambassador in Germany (Gerard) to the Secretary of State

No. 4052

Sir: With reference to the Department’s telegraphic instruction No. 3109 of June 20, 1916, 4 p. m.,1 I have the honor to transmit to the Department herewith copy and translation of a note received from the Imperial Foreign Office, dated September 12, 1916, No. IIIa 12000, regarding the escape of certain officers and men of the German auxiliary cruisers Kronprinz Wilhelm and Prinz Eitel Friedrich, interned in American ports.

I have [etc.]

James W. Gerard
[Page 721]
[Enclosure—Translation]

The German Undersecretary of State for Foreign Affairs (Zimmermann) to the American Ambassador (Gerard)

Nr. III a 12000/157999

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.]

Zimmermann
  1. Ante, p. 716.
  2. Not printed. See telegram No. 3508 of February 19, 1916, from the Ambassador in Germany, ante, p. 715.