File No. 711.6321/90

Ambassador Penfield to the Secretary of State

No. 2447

Sir: Adverting to my telegram No. 1668 of the 29th instant, relative to the desire of the Government of the United States to abrogate by an exchange of notes certain sections of the treaties with Austria-Hungary of May 8, 1848 and July 11, 1870, in view of an act of Congress dated March 4, 1915 and entitled “An Act to Promote the Welfare of American Seamen”, I have the honor to enclose herewith a copy and translation of a further note received from the Austro-Hungarian Ministry of Foreign Affairs, No. 782/8 of January 16th, in which the Imperial and Royal Government expresses the desire to be informed at an early date of the reply of the United States to certain questions raised by its note of July 13th last, a copy of which was forwarded with my despatch No. 1781 of July 19, 1916.

I have [etc.]

Frederic C. Penfield
[Page 11]

The Minister of Foreign Affairs to Ambassador Penfield

By its note verbale No. 67630/8 of July 13, 1916, this Ministry had the honor to make known to his excellency the Ambassador Extraordinary and Plenipotentiary of the United States of America, Mr. Frederic Courtland Penfield, that the Imperial and Royal Government of the Austro-Hungarian Monarchy agreed to Article 4 of the Additional Convention of May 8, 1848, and Articles 11 and 12 of the Consular Convention of July 11, 1870, being withdrawn by an interchange of notes, at the same time expressing the definite expectation of a satisfactory assurance on the part of the United States with regard to the infringements by the American Seamen’s Act of March 4, 1915, on the rights of Austria-Hungary, and also to the disregard of certain axioms of international law.

The undersigned has now the honor to call to the attention of the Ambassador of the United States of America, that the Imperial and Royal Government is still looking forward to a friendly reply, all the more so as the alteration of the clauses in question has not yet been officially sanctioned by the authorities constitutionally empowered to do so.

The undersigned at the same time avails [etc.]

For the Minister: