File No. 711.622/6
The Swiss Minister ( Ritter) to the Secretary of State
German Interests
[Received March 31.]
Sir: According to instructions of my Government I have the honor to forward to Your Excellency the following communication of the German Government: [Page 165]
The German Government challenges the assertion that it has violated the treaties of 1785, 1799, and 1828. American citizens may freely leave Germany and for the most part have already done so. That departure from the country is delayed under certain circumstances is to be ascribed to necessary precautionary measures.
Since the provisions of article 12 of the treaty of 1785 and article 13 of the treaty of 1799 do not oppose blockade or obstructions similar to blockade, the U-boat warfare does not contravene them. In turn, Germany has to reproach the United States with a violation of those treaties in that, without justification on the ground of neutrality it prevented the departure, on and after the beginning of the war, of various German merchant vessels, contrary to the treaty of 1828; contrary to article 19 of the treaty of 1799, the American Government, in the Appam case,1 also contested the right of the prize to stay in American ports and permitted judicial proceedings against the prize. Until further notice the German Government will adhere to the maintenance of article 23 of the treaty of 1799, inasmuch as it assumes from the declarations heretofore made by the State Department that the American Government holds the same view for the present situation as well as for a possible state of war; in the same supposition it will place a liberal construction upon the article, that is to say, will not prevent money remittances to the United States, and also, in particular, honor Imperial Treasury certificates and continue to allow Americans to depart.
Accept [etc.]