File No. 702.6211/277

The Acting Secretary of State to the Swiss Minister (Ritter)

No. 396

Sir: I beg leave to acknowledge the receipt of your note of February 28, transmitting the proposal of the Imperial German Government that Messrs. Bopp, von Schack, and Kaufmann be allowed freely to leave this country on the understanding that they will, upon the resumption of diplomatic relations, return to the United States and place themselves under the jurisdiction of the courts to stand trial on the charges which have been made against them.

I note the intimation in the German Government’s communication that under existing circumstances the Government of the United States would experience difficulty in affording a fair trial to these German officials. I can not allow this unwarranted assumption to pass without comment.

Not only is there no ground for the doubts expressed on this score, but the German Government must have been able to observe for itself that in the treatment accorded Count von Bernstorff and to German officials and subjects generally the American Government and people have shown the most scrupulous regard for their obligations of protection and courtesy. In view of your opportunities for observing German subjects and interests in this country, I need hardly assure you that nothing has occurred to warrant any doubt as to the ability or willingness of the courts of this country to administer justice with their usual fairness.

I can not see that any reasons exist which would warrant this Government in acceding to the rather unusual request of the Imperial German Government and will be much obliged if you will so inform it.

Accept [etc.]

Frank L. Polk