362.1121 Hirsch, Helmut/63: Telegram
The Ambassador in Germany (Dodd) to the Secretary of State
[Received June 9—12:10 p.m.]
132. Department’s 57, June 7, 6 p.m.15
[Page 405]- (1)
- American Government authorities were never officially informed exact provisions of the law under which Hirsch was convicted but the German press announcement published after his execution stated that it was section 83 of the penal code. For a translation of this paragraph the Department is referred to the Embassy’s despatch number 864 of May 23, 1934.16
- (2)
- As to Hirsch’s admission of guilt there is the statement of the German Ministry of Justice that he confessed. Then there are the circumstantial inferences to be drawn from the Berlin Consul General’s interview with him as well as from Hirsch’s letter to his family (see Consul General’s despatch number 1537 of May 1216). There is also the testimony set forth on page 6 of despatch number 819 of April 1916 from the Consul General in Stuttgart. The understanding upon which the Consul General Berlin was permitted to see Hirsch, namely, that the interview should take place for purely “humanitarian” purposes precluded a discussion of the case with Hirsch himself. Conversations with Hirsch’s attorney proved to be of little value in clarifying the case.
- (3)
- Please see last paragraph of my telegram 131, June 4, 3 p.m. We feel strongly that it would be inadvisable to leave the Hirsch case without indicating to the German Government certain aspects of the matter with special reference to having the record clear for the future. Quite apart from the technicality of Hirsch’s citizenship and the apparent legality of his trial and conviction we consider that the developments of the few days prior to Hirsch’s execution showed a failure on the part of Hitler to understand and act in accordance with the procedure and usage to be expected in normal relations between governments.
As has frequently happened in the past in international dealings with Germany the point of view here differs radically from that in the United States and other countries. It is believed that the intervention of American officials in the Hirsch case has been deeply resented by the German authorities. From their point of view he was a “traitor” and his name to be execrated. Having acted with considerable energy in carrying out the Department’s instructions the Embassy may well find itself embarrassed unless our Government brings its own point of view with special reference to the question of postponement of execution and availability of evidence formally and vigorously to the attention of the German Government.17