362.115/138: Telegram
The Secretary of State to the Ambassador in Germany ( Wilson )
63. Your no. 204, April 27, 7 p.m.29 and no. 215, April 30, 9 a.m. Please request an early interview with the Foreign Minister and present the following note, making an oral statement in the sense thereof:
“Excellency: I have the honor to inform Your Excellency that I have been instructed by my Government to bring the following matter to the attention of the German Government.
On April 26, 1938 a decree was issued by the German Government and supplemented by instructions, under which all Jews and their spouses, whether German or foreign nationals, are called upon to declare, subject to certain small exceptions, all property held in Germany, while such declarations are not required from Germans generally nor from other foreigners. It appears further that the Commissioner for the Four-Year Plan is authorized to use the fortunes [Page 370] so declared ‘in harmony with the requirements of German economy’.
The Government of the United States considers that the application of measures of the nature indicated to the property of American citizens of the Jewish race would violate rights accorded American citizens under the Treaty of Friendship, Commerce and Consular Rights between the United States and Germany, signed December 8, 1923. Article I of this Treaty in part provides:
‘The nationals of each of the High Contracting Parties shall be permitted to enter, travel and reside in the territories of the other; to exercise liberty of conscience and freedom of worship; to engage in professional, scientific, religious, philanthropic, manufacturing and commercial work of every kind without interference; to carry on every form of commercial activity which is not forbidden by the local law; to own, erect or lease and occupy appropriate buildings and to lease lands for residential, scientific, religious, philanthropic, manufacturing, commercial and mortuary purposes; to employ agents of their choice, and generally to do anything incidental to or necessary for the enjoyment of any of the foregoing privileges upon the same terms as nationals of the state of residence or as nationals of the nation hereafter to be most favored by it, submitting themselves to all local laws and regulations duly established.
. . . . . . . . . . . . . .
‘The nationals of each High Contracting Party shall receive within the territories of the other, upon submitting to the conditions imposed upon its nationals, the most constant protection and security for their persons and property, and shall enjoy in this respect that degree of protection that is required by international law. Their property shall not be taken without due process of law and without payment of just compensation.’
The foregoing provisions respecting rights in one country are applicable to all the nationals of the other country without exceptions based on race or creed.
In view of the scope and purpose of the decree and its discriminatory character, the Government of the United States enters emphatic protest against its application to American citizens. It feels that on further consideration of the matter the German Government will agree with the considerations set forth above and will give early assurances that the measures will not be applied to American citizens.
In view of the urgency which this matter presents the Government of the United States would appreciate an early reply from the German Government.
Accept, Excellency, the renewed assurances of my highest consideration.”
Please cable all developments.
- Not printed.↩