862.4016/1609
The Ambassador in Germany (Dodd) to the Secretary of State
[Received February 8.]
Sir: I have the honor to report that on January 16th the Embassy received an undated circular memorandum from the British Embassy [Page 195] in Berlin relating to cases of the application to British subjects of the Jewish race residing in Germany of the anti-Semitic laws issued by the German Government at Nuremberg in September, 1935.86 A copy of this memorandum is transmitted herewith for the Department’s information.87
It may be noted that the British Government is considering the possibility of submitting to the German Government claims for compensation on behalf of the British subjects described above, which will be based on the principle of respect for acquired rights as contemplated by international law. The British Government considers that a knowledge of the fact that such a course is under consideration may possibly strengthen the hands of the German Ministry for Foreign Affairs in endeavoring to prevent action being taken against British subjects in such cases. The British Ambassador has therefore been authorized to indicate informally to the Ministry for Foreign Affairs that such action is being considered “should the German authorities decide to deprive British subjects in this way of their means of livelihood.”
The British Embassy feels that similar representations made by other foreign missions in Berlin would strengthen their action, and they desire to be informed as to whether the United States Embassy is disposed to take similar action on behalf of its nationals. We have replied orally that the matter is of interest and that it would be investigated.
With a view to obtaining a general survey of the situation pointed out by the British Embassy as applied to American nationals residing in Germany, this Embassy has requested a detailed report from each consular office, in which all cases of this nature which have come to their attention would be carefully outlined. The reports from the various consulates have now been received and have been outlined in a general memorandum transmitted herewith as an enclosure.87
In transmitting this memorandum the Embassy desires to make certain observations with a view to giving the Department a clear picture of the situation for use as a basis in considering any action which might be taken.
It may be noted that there are no cases of great importance which have been brought to the attention of consular offices either, (1) since the passage of the Nuremberg laws or, (2) before September, 1935, when the basis for action against Jews generally was somewhat more obscure. The Embassy’s memorandum specifically classifies the case in this manner, and it may be noted that a third group is suggested, [Page 196] i. e., those cases, more difficult of appraisement, involving general business losses to all Jews in Germany, irrespective of nationality and of course including American Jews, as a result of general Nazi policy and the actual laws.
Not only are the cases outlined of relative unimportance, but there is a surprisingly small number of them. The new laws (please see despatch No. 2322 of September 19, 1935, transmitting these laws90) of course have not been in force for a sufficient length of time to show the final results of their general application, but because of the character and small number of the American cases, the Embassy is of the considered opinion that the presentation of claims for compensation on behalf of American citizens based on evidence submitted up to the present time, would be inadvisable and ineffective. With the exception of the general losses not susceptible of specific evaluation sustained by American Jews as a consequence of the whole Nazi policy and law, it is doubted whether more than a few thousand dollars are involved.
The Embassy understands that certain other governments, notably the Swiss and the Dutch, have been particularly active in endeavoring to effect specific compensatory adjustments, but it must be noted that the governing circumstances in these instances involve exactitude of monetary appraisal, the unhesitating disposition to institute retaliatory measures if necessary, and the comparatively large number of citizens affected.
Whatever the action the Department may desire taken in this connection, either directly or in collaboration with the British and other governments, it would seem ill-advised and would probably weaken any clear-cut claims, to include cases which arose as a result of local decisions and decrees, or because of indiscriminate policy against Jews such as may have been practiced prior to the institution of the actual national laws.
The point made by the British Embassy that united representations might strengthen the hand of the German Foreign Office in endeavoring to prevent further action against foreign Jews, is doubtless well taken. Furthermore, this Embassy feels that some gesture in common with other governments at this time is worth considering more for general and future reasons than with any hope in this instance that it would bring results, especially in view of the fact that there is no important case of an American citizen involved.
Therefore, it is respectfully suggested that this Embassy be authorized to inform the British Embassy that the action they may decide to take along the specific lines of the memorandum, recommends itself in principle to the United States Government; that, however, in [Page 197] view of the limited American interests involved to date, it does not feel justified at this time in presenting specific claims on the basis suggested; but that a note would be addressed to the German Foreign Office along general lines pointing out that the United States Government assumes, with particular reference to the new laws, that the German Government will give due consideration to the precise position of all American citizens in the matter of acquired rights in Germany under the provisions of international law.
In view of the importance of time in this matter, the Department’s decision by telegraph is respectfully solicited.
Respectfully yours,
- Foreign Relations, 1935, vol. ii, pp. 406–408.↩
- Not printed.↩
- Not printed.↩
- Foreign Relations, 1935, vol. ii, p. 405.↩