File No. 711.5914/108
The Secretary of State to Minister Egan
Washington, August 22, 1916, 5 p.m.
153. Your 318, August 21st. Foreign Minister’s reply does not cover all of the specific questions in my 150 of August 18th. If the clause in Article II regarding churches contemplates that this Government shall assist in the maintenance of the churches and church properties by appropriations for maintenance, repairs, and salaries of clergymen, it will be impossible to make the treaty effective, as such acts would be contrary to the Constitution of the United States. If the clause in question does not contemplate the foregoing, I believe it is important to exclude this interpretation by an exchange of notes. Please take this matter up with the Foreign Minister at the earliest moment, as it is of the utmost importance to the success of the treaty to have this point settled, so that no constitutional question will arise. In addition to my questions under second and third in my 150, August 18th, please ascertain who has custody of these funds or endowments, as this Government can not act as trustee for a religious association or corporation.
Telegraph answer as soon as possible and very fully.