Papers relating to the foreign relations of the United States, 1930, Volume III

211.62/57

The Secretary of State to the Chargé in Germany ( Poole )

Washington , December 1, 1928.

No. 2604

Sir: The Department has received your despatches No. 3962 and 4032 respectively of September 28, 1928 and October 23, 1928,⁴⁵ in further relation to the negotiations for the conclusion of an extradition treaty between the United States and Germany.⁴⁶

It appears from the first mentioned despatch that the senior official charged with American affairs at the German Foreign Office had informally suggested that this Government send a representative to Berlin to discuss the provisions of the proposed treaty and there was enclosed with the last mentioned despatch a copy and translation of a note from the Foreign Office making the formal suggestion that oral discussions regarding such provisions be entered into in Berlin and stating that a reply would be appreciated designating the time desired by this Government for such discussions.

However, it is stated in the despatch that in delivering this note to the Embassy the representative of the Foreign Office made the oral reservation that owing to pending legislation it was not possible to foresee when the German Government would be in a position to begin such discussions. Therefore, it appears that the effect of the statements contained in the note on the point indicated are rendered nugatory, at least for the present, by the oral communication made at the time of the delivery of the note.

The Department is disappointed that further delay, which apparently threatens to be long drawn out, confronts the negotiations for the conclusion of this treaty which have now been pending for six years and desires you to convey that sense of disappointment to the German Foreign Office. You may add that with a view to expediting proceedings the Department looks with favor upon the suggestion of oral discussions in Berlin and will await the promised information from the Foreign Office as to the time when it will be appropriate to make a definite answer on this point, while hoping that the additional obstacle now stated to stand in the way of the conclusion of a treaty will not result in a further long delay.

I am [etc.]

For the Secretary of State:

J. Reuben Clark, Jr.

45. Neither printed.
46. A draft extradition treaty had been sent to the Ambassador in Germany with instruction No. 3019, April 22, 1922 (not printed), for transmittal to the German Foreign Office (211.62/10a).