811.114 I’m Alone/2212
The Minister in Canada (MacNider) to the Secretary of State
[Received May 25.]
Sir: I have the honor to refer to the Department’s telegraphic instruction No. 48 of May 18, 6 p.m., informing the Legation that Consul General Frost at Montreal and Miss Doris Corrigan, visa clerk in the Consulate General, were subpoenaed to appear in court on May 19 to produce official documents in their custody and to testify in habeas corpus proceedings in the case of Marvin J. Clark, and directing the Legation to bring the matter to the attention of the Canadian Department of External Affairs, pointing out that under the principles of international law, official archives of consular offices are not subject to subpoena requiring their production in judicial proceedings and that consular officers and their employees cannot properly be required to testify concerning their official acts.
Upon the receipt of the above-mentioned telegraphic instruction, I immediately addressed a note to the Secretary of State for External Affairs in the above sense and copy of the latter’s reply is enclosed herewith. The Department will observe that the Department of External Affairs did not actually admit the justice of my representations in so many words, but merely pointed out that according to press reports neither the Consul General nor Miss Corrigan was required to produce documents from the official archives of the Consulate General or to testify concerning their official acts.