362.1121/20: Telegram
The Acting Secretary of State to the Ambassador in Germany (Dodd)
152. Your despatch No. 3155 of November 20. The Consul General’s cable of November 16, 3 p.m. (1934)95 indicated that the Under Secretary in the Ministry of Justice had promised to receive him and it was then deemed unnecessary to supplement instruction No. 129 of November 14, 6 p.m. (1934),95
In view of the recent communication from the Foreign Office you are now directed to hand to the appropriate Foreign Office official a third person note incorporating therein the following:
“In the note verbale from the German Foreign Office to the American Embassy at Berlin dated November 5, 1936, referring specifically to two communications from American Consular Officers to German State Officials within their respective consular districts, it is submitted by the Foreign Office ‘that as in the opinion of the Foreign Office these inquiries do not seem suited for direct business communications between an American consular representative and the supreme authority of a State, they be presented through diplomatic channels.’
“Article 21 of the Treaty of Friendship, Commerce, and Consular Rights between the United States and Germany signed December 8, [Page 389] 1923, specifically states: ‘Consular officers, nationals of the state by which they were appointed, may within their 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’.
“Since no treaty stipulations are required to enable consular officers to communicate through diplomatic channels, application of the procedure submitted by the Foreign Office in its communication to the Embassy would render illusory the specific treaty stipulations and in the circumstances it would appear that the necessary steps should be taken to the end that the appropriate German officials may be advised of the propriety and stipulations under the Treaty of their receiving inquiries addressed to them by American consular officers.”
In your conversation at the Foreign Office, you should bear in mind the considerations expressed on pages 4, 5, and 6 of instruction No. 696 of November 24, 1936.96
You may mention that there appears to be no record in the State Department of any complaint having been received to the effect that German consular officers in the United States have had difficulties in addressing American state and federal authorities regarding the protection of the rights of their countrymen in accordance with the treaty stipulations but should such an instance arise, this Department would be glad to be informed of the complaint and to point out the pertinent treaty stipulations to the appropriate American authorities.
Please cable developments.