File No. 711.6321/87

Ambassador Penfield to the Secretary of State

No. 1781

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.]

Frederic C. Penfield
[Page 10]
[Inclosure—Translation]

The Minister of Foreign Affairs to Ambassador Penfield

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of the Consular Convention of July 11, 1870, between the Austro-Hungarian Monarchy and the United States of America, be repealed by an exchange of notes.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.]

For the Minister:
Ippen
  1. Not printed.