871.00/3–645: Telegram
The Acting Secretary of State to the American Representative in Rumania (Berry)
114. Pursuant to Deptel 110 March 7, 8 p.m.,17 the Department has now seen General Schuyler’s message to the War Department stating that, now that a Rumanian government has been formed and assumed authority, he will not in the absence of explicit instruction from the State and War Departments accede to Stevenson’s requests that he support the position taken by the British Mission on the question of sanctuary or provide American protection for political refugees.
As stated in Deptel 86, February 23, we believe that, apart from the special position of the Soviet Chairman who can act also in the name of the Soviet High Command, any action taken by a member of the Allied Control Commission can be considered as having been taken only in his capacity as a member of the Commission. We accordingly are in agreement with General Schuyler’s view that he should take no action having a purely American character on the matter of sanctuary, unless, of course, it should be forced upon him as a matter of necessity in extreme circumstances where lives are endangered by the immediate threat of physical violence. Since the Rumanian Government which has now come into power must bear full responsibility for its acts, including action or inaction in matters involving the protection of life, and since that government is under the control of the ACC, we believe it would be appropriate for General Schuyler to present and to hold constantly before that Commission the American view that the Rumanian authorities should not be permitted to commit or countenance physical violence or other excesses against Radescu and other Rumanian personages who for purely political reasons are not looked upon with favor by those now in power.
Because of the informal character of your Mission it can scarcely be considered as having such standing in international law as would enable it to exercise the right of asylum on grounds of extraterritoriality or immunity of domicile in the accepted sense. Even though [Page 508] we would expect that your Mission would in practical effect enjoy all the rights and privileges of a diplomatic mission, we believe that matters of sanctuary should as far as possible be handled by Schuyler’s Mission and that neither your nor his Mission should provide protection to political fugitives except in the most extreme necessity and then only until the ACC can take the matter in hand.
The present telegram has been cleared with the War Department.
Reurtel 173, March 6.18 It is hoped that matters will not arise, at least within the next few days, to necessitate your entering into contact with the newly installed authorities in such a way as might be construed as indicating approval of the course of events and the methods employed in the last fortnight.
- Not printed; it reported that the British Embassy in Washington had informed the Department of State that former Prime Minister Radescu had sought sanctuary in the British Mission in Rumania and that similar requests from other fugitives, including possibly the King and his mother and Maniu, were anticipated; the British Foreign Office had authorized Air Vice Marshal Stevenson to accord such sanctuary and hoped that General Schuyler would be given instructions authorizing him to support Stevenson’s actions and in case of need to share the burden of providing protection in appropriate cases (871.00/2–2345).↩
- Not printed; it asked for urgent instructions as to the attitude the Department wished the American Mission in Rumania to take toward the Groza government in view of the fact that the methods used to bring that government into being were quite contrary to the Department’s principles as outlined in previous telegrams to Bucharest and to Moscow (871.00/3–645).↩