362.115/156: Telegram
The Ambassador in Germany (Wilson) to the Secretary of State
[Received May 10—9:25 a.m.]
235. Your 63, May 7, 5 p.m. Ribbentrop32 and Weizsaecker33 are both in Rome. I felt that your note should be presented at the earliest possible moment in order that it may carry weight during discussions within the German Government on the application of the decree. I therefore presented it to Woermann, Acting Minister for Foreign Affairs, last night. First I presented the case orally and emphatically. Woermann then read the note and said, “Emphatic protest? That is strong, is it not?” I replied that it was strong and designedly so since there was no principle to which the American people clung more strongly than that of a refusal to admit discrimination among our citizens because of race or religion. Woermann replied that he was sorry it had been made so strong as we seemed to have between us a question of interpretation of a treaty. I replied that I felt it went deeper and to assail one of our fundamental principles, namely, that every American citizen had a right to equal treatment. Woermann said that without study he was not competent to answer the matter, that we would have an answer in a short period. He seemed to recall, however, that in analogous cases the German Government contended that legislation affecting one class of people both Germans and foreigners could not be considered discriminatory within the meaning of treaty rights. He did not know whether his Government would advance this contention but it had been advanced in the past. I replied that the wording of the treaty appeared clearly to exclude such interpretation.
In 1933, Geist34 tells me, a decree was issued providing that all persons domiciled in Germany including foreigners must notify to the Reichsbank their liquid holdings abroad and on demand dispose of such holdings to the Reichsbank. After considerable discussion the Finance Ministry while insisting on the notification of foreign holdings, agreed not to demand its sale in the case of American citizens.
It is possible that the German Government will adopt some such course to avoid foreign conflict. On this score a situation frequently characteristic of the German regime exists at present. The decree in question is a party measure. In “Government” circles, both in the [Page 373] Foreign Office and in the Economics Ministry, efforts are being made towards its modification. The British, French, Swiss, and certain other Missions here are adopting tactics looking to strengthening the hands of this moderate element and to avoid creating at this juncture an open issue. They are thus for the present confining their action to informal discussions or are presenting notes which express the hope that the German Government will see its way to avoid discriminatory action in the application of the decree. We are in contact with a number of Missions who are deeply interested in this matter. In view of this general situation you may wish to consider the desirability of withholding the text of our note from publicity for a period, perhaps until a reply has been received in order to avoid an open issue which might increase the intransigeance of the extreme elements and in order to give an opportunity for a possibly satisfactory formula to be worked out for foreigners.
In respect of our relationships with other Diplomatic Missions here on this subject, I am responding in confidence to certain inquiries that we have presented a stiff argument based on our treaty rights against discrimination touching one class of American citizens. I feel furthermore that it might serve a useful purpose to disclose to some of my colleagues the text of our note and would appreciate hearing from you as to whether you agree to my doing so.