File No. 711.6321/87
Ambassador Penfield to the Secretary of
State
No. 1781
American Embassy,
Vienna,
July 19, 1916.
Sir: Referring to the Department’s
unnumbered instruction of May 29, 1915, relative to the intention of
the United States to abrogate certain sections of the Treaties of
May 8, 1848, and July 11, 1870, between the United States and
Austria-Hungary, and enclosing copy of the Act of Congress of March
4, 1915 “An Act to Promote the Welfare of American Seamen,” and to
my telegram No. 1218 of April 4th last,2 I have the honor now to transmit herewith a
copy and translation of a Note from the Austro-Hungarian Minister
for Foreign Affairs on this subject.
I have [etc.]
[Page 10]
[Inclosure—Translation]
The Minister of Foreign
Affairs to Ambassador Penfield
Ministry of Foreign Affairs,
Vienna,
July 13, 1916.
With reference to the very esteemed note of his excellency the
Ambassador Extraordinary and Plenipotentiary of the United
States of America, Mr. Frederic Courtland Penfield, No. 2020 of
July 1, 1915, the undersigned has the honor to state that
according to an understanding reached with the Imperial Royal
Austrian and the Royal Hungarian Governments, the Imperial and
Royal Government of the Austro-Hungarian Monarchy, according to
the wish of the Government of the United States of America,
agrees that Article 4 of the Additional Convention of May 8,
1848, and Articles 11 and 12 of the Consular Convention of July
11, 1870, between the Austro-Hungarian Monarchy and the United
States of America, be repealed by an exchange of notes. However,
in view thereof that the American Seamen’s Act of March 4, 1915,
encroaches upon Austrian and Hungarian legislation, with
simultaneous disregard of the axioms of international law, the
Imperial and Royal Government must express the certain
expectation that the Government of the United States give the
Imperial and Royal Government satisfactory assurances in this
regard.
The undersigned avails [etc.]
