CORRESPONDENCE respecting the status of United States Consular Officers in Belligerent Territory occupied by Enemy Troops.—November, 1914-July, 1916.* Ambassador Gerard to the Secretary of State. (No. 308.) SIR : American Embassy, Berlin, December 4, 1914. I HAVE the honour to transmit to you herewith a copy in translation of a Note-Verbale, received from the Imperial German Foreign Office, stating the position of the German Government, respecting the recognition of Consular Officers in territory under occupation by the German Army. I have, &c., JAMES W. GERARD. (Translation.) (Inclosure.)-Note-Verbale. Now that the German Army has occupied various portions of enemy countries, the German Government considers the Exequaturs of the Consuls, formerly permitted to act in such districts, to have expired. The Imperial Government would, however, be disposed to consider favourably any wishes of allied and neutral countries, respecting the establishment of consular offices in the districts in question, excepting, of course, those districts where military. operations are still in course. In Belgium consular activities in the provinces of East and West Flanders would accordingly not be permitted at present. With regard to the other parts of Belgium, consular officers would be permitted to act for the present in Brussels, Antwerp, and Liége, but not at other points. The Imperial Government would not consider the issuance of formal Exequatur advisable; to consular officers, whose names are communicated to the Foreign Office, would simply be granted temporary recognition to enable them to act in their official capacity, under reserve of the usual investigations respecting their records. From Diplomatic Correspondence published by the United States Department of State-" European War, No. 3." In view of the peculiar circumstances contingent on military occupation, the Imperial Government would be grateful if only such persons should be nominated as are assuredly friendly to Germany or have at least neutral convictions. In bringing the above to the attention of the Embassy, the Foreign Office has the honour respectfully to request that the American Government may be notified in the above sense. As the Embassy is aware, the German Government has already recognized Consul-General Diederich at Antwerp, assuming this to be the wish of the American Government. Foreign Office, Berlin, December 30, 1914. The Belgian Minister to the Secretary of State. (Translation.) MR. SECRETARY OF STATE: Belgian Legation, Washington, December 28, 1914. I HAVE just received the following cablegram from my Gov ernment: "The German Government has just notified the neutral powers of its intention to cancel the exequaturs granted by the Belgian Government to foreign consuls and to create but those consular posts at Brussels, Liége, and Antwerp, temporary recog nition only being granted to those officers. "The Belgian Government has entered protest at Berlin, under Article 42 of the 4th Convention of The Hague,* military occupation only confers upon the occupant State over the territory of the occupied State de facto possession, the right to cancel all exequaturs cannot be derived from that title." I have been officially instructed to notify Your Excellency of the Belgian Government's protest. WITH reference to my despatch No. 308 of the 4th December, 1914, I have the honour to transmit to you herewith a copy and translation of a Note-Verbale, received from the Imperial Ger * Vol. C, page 338. man Foreign Office, dated the 3rd January, 1915, and of a NoteVerbale* addressed to the Imperial Foreign Office by the Royal Spanish Embassy at Berlin, relative to the protest of the Belgian Government against the position taken by the German Government, respecting the recognition of consular officers in territory under occupation by the German Army. (Translation.) I have, &c., JAMES W. GERARD. (Inclosure.)-Note-Verbale. IN supplement to its Note-Verbale of the 30th November, 1914, No. I. c 16, 180, the Foreign Office has the honour to enclose herewith to the Embassy of the United States of America a copy of a Note-Verbale, received from the Royal Spanish Embassy, which transmitted to the Imperial German Government a protest of the Belgian Government relative to the position of neutral consuls in Belgium: The Imperial Government is obliged to consider that the protest of the Belgian Government is not well founded. Article 42 of the IVth Hague Convention in particular is not capable of supporting the view of the Belgian Government. This article makes it obligatory on the occupant State only to maintain as far as possible public order in the occupied districts, but not to permit the officials of the enemy State to remain in office. Such officials cannot be tolerated, except as far as military considerations admit, and if the officials themselves are ready to comply with the regulations of the occupant State. If these principles are applied by analogy to the Consuls of neutral States, it results that they also cannot perform their public duties, except by consent of the occupant Power and to the extent allowed by it, inasmuch as the exequatur of the enemy is not binding on the occupant Power. The note-verbale of the Imperial Foreign Office of the 30th November last, does not affect the rights of the Belgian Government in any way, but deals exclusively with the interests of the Imperial Government, which conceives it to be its right and its unalterable duty to regulate for the period of occupation the consular protection in the territory occupied by its Army. Moreover, this regulation is primarily necessary in the interests of neutral nationals themselves. More than 300 consular representatives of the allied and neutral States were hitherto officially recognized in Belgium. By far the majority of them were honorary consuls of Belgian nationality, and of them a large number have left Belgium. It is beyond doubt that the Imperial Government, in the very interest of neutral nationals, cannot * Not printed; substance stated in preceding document. hesitate to see to it that their consular protection is established securely and effectively, to which end it has, as a first step, requested the allied and neutral Governments, under date of -the 30th November, 1914, to express their wishes. The Foreign Office begs to request the good offices of the Embassy of the United States of America to the end that the above may be brought to the attention of its Government. Foreign Office, Berlin, January 3, 1915. The Secretary of State to Ambassador Gerard. (Telegraphic.) Department of State, Washington, January 21, 1915. NOTE-VERBALE enclosed in your dispatch 308. You are instructed to present the following to the German Government : The Government of the United States has received and given consideration to the Note-Verbale of the Imperial Government dated the 30th November, 1914, in which it is stated that the German Army now having occupied various portions of enemy countries, the German Government considers the Exequaturs of the Consuls, formerly permitted to act in such districts, to have expired. That the Imperial Government would, however, be disposed to consider favourably any wishes of allied and neutral countries respecting the establishment of consular offices in the districts in question, excepting, of course, those districts where military operations are still in course; and that the Imperial Government would not consider the issuance of formal Exequaturs advisable; to consular officers, whose names are communicated to the Foreign Office, would simply be granted temporary recognition to enable them to act in their official capacity, under reserve of the usual investigations respecting their records. The Government of the United States, in view of the fact that consular officers are commercial and not political representatives of a government and that permission for them to act within defined districts is dependent upon the authority which is in actual control of such districts irrespective of the question of legal right, and further, in view of the fact that the consular districts, to which reference is made in the Note-Verbale of the Imperial Government, are within the territory now under German military occupation, is not inclined at this time to question the right of the Imperial Government to suspend the exequaturs of the consular officers of the United States within the districts which are occupied by the military forces of the German Empire and subject to its military jurisdiction. The Government of the United States notes that all the consular districts in Belgian territory occupied by the German military forces, excepting Brussels, Antwerp, and Liége, are considered by the Imperial Government to be within the zone of military operations and that within such districts, except those named, the Imperial Government will not permit consular officers to exercise their functions. The Government of the United States in the circumstances assumes that the Imperial Government will raise no objection to the consular officers of the United States now stationed at Brussels. Antwerp, Liége, and other places similarly situated acting in their official capacity, and that, if the de facto authorities at those cities object on personal grounds to any of such officers continuing, the Government of the United States will be forthwith notified of such objection. BRYAN. SIR: The Secretary of State to the Belgian Minister. Department of State, Washington, January 25, 1915. I HAVE received your note, No. 3,465, of the 28th December, 1914, in which you refer to the notification of the neutral powers by the German Government of its intention to cancel the exequaturs granted by your Government to foreign consuls and to create but three consular posts, namely, Brussels, Liége, and Antwerp, only granting temporary recognition to the consular officers stationed at those places. You state that your Government has entered a protest at Berlin under Article 42 of the IVth Convention of the Hague, to the effect that military occupation only confers upon the occupant de facto possession, which does not carry with it the right to cancel exequaturs. Accept, &c., W. J. BRYAN. The Belgian Minister to the Secretary of State. (Translation-Extracts.) [No. 898.] MR. SECRETARY OF STATE: Belgian Legation, Washington, February 13, 1915. I AM instructed by the King's Government and have the honour to forward herewith to your Excellency a copy of the German Government's reply to the Belgian Government's protest, |