463.11 W 891/20: Telegram

The Minister in Austria ( Washburn ) to the Secretary of State

23. My 20, April 18, 3 p.m. Provisional, but for all purposes complete, draft of communication mentioned under the first suggestion my telegram no. 16 [17], April 3, 7 p.m., forwarded with full [Page 148] explanation in my despatch 455, May 2nd.24 Said draft too intricate for detailed synopsis, but the substance of argument is that dual citizenship under the old monarchy did not exist. One was either Austrian subject or Hungarian subject. Excepting limited classes of public property enumerated in the draft, all other property, whether public or private, must be solely Austrian or Hungarian. Main point made is that Austrian property cannot be held as security for or used to satisfy a Hungarian claim. The above may conveniently be termed a reservation regarding nationality.

Am advised that instructions are being forwarded by mail early this week to Prochnik, Austrian Chargé d’Affaires, authorizing him to sign original draft of tripartite agreement as submitted by the Department, amended articles only to be article 6 by ratification language contained in second suggestion of my aforesaid telegram 16 [17]. Simultaneously with signing, Prochnik is instructed to address letter to the American Government formulating above-mentioned reserve regarding nationality and also making concrete suggestions for enlarging jurisdiction, should the necessity later arise, along lines set forth under the suggestion 3, my telegram no. 16 [17], and also my despatch no. 446, April 4th.24

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