362.115/356: Telegram
The Chargé in Germany (Gilbert) to the Secretary of State
[Received 2:30 p.m.]
713. With reference to my telegrams No. 643, November 21, 4 p.m., and No. 703, December 8, 11 a.m., outlining notes transmitted to the Foreign Office requesting the exemption of American citizens from the application of certain decrees depriving Jews in Germany of various business and property rights, I wish to acquaint the Department with the following situation.
Circumstances here indicate that it is unlikely that the German Government will readily give formal assurances along the lines requested. The chief reasons for this are:
- 1.
- Respecting procedure: The German Foreign Office in accordance with regular practice transmits pertinent representations from foreign Governments to the Ministry issuing a given decree with the customary request for an indication of the reply desired. No matter how desirous in the light of other relationships the Foreign Office might be to accede to a specific representation it is virtually impossible to obtain a favorable response from any Ministry in question. In so far as I can ascertain no Diplomatic Missions here are receiving written acquiescences to their contentions in their notes dealing with group of subjects.
- 2.
- Respecting the Ministries: (a) Largely staffed by Party members they are totally unwilling for internal political reasons “publicly to [Page 412] retract” a decree which they have issued. This unwillingness often becomes in effect an inability through the publication of such measures in the Party press with affirmations that they will be rigidly enforced. As a case in point see Embassy’s 698, December 6, 6 p.m. paragraph 6. (b) On the factual side these decrees are formulated almost solely on the basis of internal considerations. In the various Jewish questions the American interests involved are usually relatively small compared to those say of Poland and a number of other states. Certain of these states have made formal representations. It is thus perceived as difficult to discriminate for example in favor of United States even where such a desire might exist by granting exceptionally in a formal manner an American request.
I have gone into this matter with Geist at considerable length. He tells me that his experience and that of the Consulate General is in taking up cases with the various Ministries with whom he is in contact that despite the terms of a decree it frequently transpires that either American citizens are in fact quietly omitted in their application or in reference to specific cases a relatively satisfactory adjustment is obtained. He says that he is frequently greatly surprised at this attitude and that he is often enjoined not to disclose say, to the British Consulate or to the French Consulate what has been done in an American case. While the reasons for this might be speculated upon at some length I am here only setting it forth in the form of concrete experience. Attention is called, however, to Embassy’s despatch No. 480, December 5, 1938,70 wherein the matter is gone into in some detail.
In short the character of the German Government is such that in questions of this type there often are two separate elements i. e. principle and practice: and the Embassy in its efforts in these difficult matters must perforce at all times give parallel consideration to these two factors.
In respect of the future Geist feels that he may easily encounter acquiescence similar to that which he has experienced in the past in response to such steps as he must take in due course either representing the Consulate General or the Embassy in connection with American interests involved in the application of the two decrees under reference and others of a similar nature which may be issued.
Geist naturally agrees with me that the foregoing cannot be construed as a definite forecast. It is based solely on an appraisal of certain conditions together with past experiences. While continuing helpful attitudes are noted we are in possession of neither written nor oral promises or undertakings in this respect on the part of any German authority.
I wish to make clear that the foregoing is submitted purely as informative and not as having any bearing on the appropriate position [Page 413] of the American Government in relation to these questions. I do nevertheless feel it to be essentially desirable to acquaint the Department in so far as possible with all of the conditions surrounding these difficult matters.
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