702.0011B/7
The Secretary of War (
Woodring
) to the
Secretary of State
Washington
, May 25, 1937.
Dear Mr. Secretary: I am inclosing for your
information a translation of a coded radiogram, dated May 22, 1937, received
in the Bureau of Insular Affairs of this Department from the High
Commissioner to the Philippine Islands.
Sincerely yours,
[Enclosure]
The High Commissioner to the Philippine Islands
(
McNutt
) to the Secretary of War (
Woodring
)
Under date of May 8th my administrative assistant, at my direction, sent
following letter to all Consuls:
“I have the honor to inform you that the United States High
Commissioner has noted considerable variation by consular
officers in Manila in the method of transmitting correspondence
to the Commonwealth Government.
Inasmuch as the Act of Congress establishing the Commonwealth
Government provides that foreign affairs shall be under the
direct supervision and control of the United States, it is the
desire of the United States High Commissioner that all official
communications addressed to the Commonwealth Government, or any
of its agencies, be forwarded to this office for transmittal to
the Commonwealth Government.
Your cooperation in this matter will be appreciated. I have the
honor to be, Sir, very respectfully yours.”
By official letter, quoted herewith, the German Consul
takes exception:
“Manila, May 14, 1937. Excellency: I have received a letter of
your Administrative Assistant dated 8th instant, regarding the
method of transmitting correspondence to the Commonwealth
Government. In this connection I wish to draw your attention to
the provisions of the Treaty of Friendship, Commerce and
Consular Rights [Page 986]
between Germany and the United States of America,3 article 21 which reads
as follows:
‘Consular officers, national[s] of the state by which
they are appointed, may, within their respective regular
officers [respective consular]
districts, address the authorities, national, state,
provincial or municipal, for the purpose of protecting
their countrymen in the enjoyment of their rights
accruing by treaty or otherwise. Complaint may be made
for the infraction of those rights. Failure upon the
part of the proper authorities to grant redress or to
accord protection may justify interposition through the
diplomatic channel, and in the absence of a diplomatic
representative, a consul general or the consular officer
stationed at the capital may apply directly to the
government of the country.’
I have the honor to be Excellency, your most obedient servant.
(Signed) Gasakowsky, Consul for Germany.”
Since receipt of this I understand he has referred question to his
Government as to his conformance. Japanese Consul in informal
conversations also raises question relative channel botheration of
communications from consuls through this office to offices of
Commonwealth Government. British and Italian Consuls are reported to
have referred the letter to these [their?]
Governments. Please refer this matter to Secretary of State for his
early comment. In the past some matters of importance to this office did
not come to our attention due to failure of consuls to route
communications through this office.
