to German-born naturalized in Canada where such treatment would not have been accorded to a German citizen. This liberal administration of the law and this discrimination between the different classes of alien enemies will continue to be exercised by this Department.

I call your especial attention to the fact that the statute as thus construed, makes it comparatively simple of administration for we avoid all difficulty which might arise from a misconstruction of the naturalization laws of foreign countries, and we also achieve a high degree of accuracy in ascertaining what constitutes an alien enemy, it being comparatively simple to ascertain the place of birth of any particular person, but in many cases difficult to prove nationality or citizenship.

The British Ambassador, in his memorandum of July 30, 1917, transmitted by the State Department to me, states that the protection afforded to German-born by United States naturalization papers 66 constitutes a serious menace to the welfare of the Dominion and the vigorous prosecution of the war in which both the United States and the British Empire are engaged. It will of course be remembered that the German Government does not recognize the naturalization papers of a born German subject, once the holder of those papers returns to Germany; and that such persons become automatically repatriated as German subjects as soon as they return within the confines of the German Empire." If Germans, naturalized in the United States, constitute a menace to the welfare of the Dominion, it is difficult to see why Germans naturalized in the Dominion do not equally constitute a menace to the United States. I fail to see, therefore, why each nation may not safeguard itself against this menace by legislation. If Canada has not already enacted such legislation, it simply shows that this country, by enacting our statute of 1798, showed greater forethought and adopted safeguards against danger at an earlier period.

Respectfully,

File No. 763.72115/3280

T. W. GREGORY

The Acting Secretary of State to the Argentine Chargé (Quintana)

1

WASHINGTON, March 13, 1918.

MY DEAR MR. CHARGÉ: Referring to the several communications from your Embassy with regard to the case of Alberto Fehlandt. an Argentine citizen of German nativity, who has complained to the Embassy regarding annoyances alleged to have been occasioned him by the Federal authorities, I beg to advise you that this matter has been brought to the attention of the Department of Justice.

'Not printed.

Since Mr. Fehlandt was born a subject of a country with which the United States is now at war, it is not unnatural that he should entertain, as between the United States and Germany, sympathetic sentiments for the country of his birth and that therefore he should be subject to the presumption that his attitude might be inimicable to the United States now the enemy of his native country. When viewed in this light I am sure that you will agree with me that this Government must, in the interest of the public safety, recognize these natural inclinations and act upon the presumptions to be drawn therefrom, at least to the extent of regarding such aliens, although of neutral nationality in law, with circumspection. Such I am now advised has been the course of the Department of Justice, but I am confident that Mr. Fehlandt will not have any cause for further complaint and will not be occasioned any serious inconveniences so long as he observes the laws of the United States.

I am [etc.]

FRANK L. POLK

File No. 311.59/52

The Secretary of State to the Attorney General (Gregory)

WASHINGTON, May 31, 1918.

SIR: Referring to previous correspondence1 in respect to the case of Capt. M. S. Hveissel, a Danish subject who was detained at Ellis Island for about seven weeks from October 29, to December 19, 1917, by American authorities, apparently for the reason that he was born in 1866 in Flensborg, Germany, and is therefore classed as an alien enemy under Revised Statutes 4067, I have the honor to enclose copies of two notes which have been received from the Danish Minister, dated April 8, and May 17, 1918,1 presenting a claim on behalf of Captain Hveissel for pecuniary losses caused him by his internment at Ellis Island. I would be pleased to have such comments as you may desire to make upon these communications, and to be furnished with a full statement of facts in this case in order that I may be in a position to make an appropriate reply to the notes of the Danish Minister.

I have not forwarded these notes at an earlier date, inasmuch as it was necessary to give consideration to the general question as to whether claims presented on behalf of foreign governments for the detention of their subjects under Revised Statutes 4067 were valid and just under the law and practice of nations. In this connection it has been necessary to consider questions of policy in view of the previous attitude and position of the United States on the ques

'Not printed.

tion of expatriation and naturalization. A brief preliminary summary of the study of these questions in the Department is enclosed herewith.1

I have [etc.]

ROBERT LANSING

File No. 311.59/70

The Acting Secretary of State to the Danish Minister (Brun) No. 464

WASHINGTON, July 18, 1918. SIR: Referring to your notes of April 8 and May 7 [17], 1918,1 in regard to the claim of Capt. M. S. Hveissel for pecuniary losses caused by his internment at Ellis Island, I have the honor to inform you that I am in receipt of a letter, dated June 13, from the Department of Justice reading in part as follows:

This Department has the honor to advise you that Captain Hveissel is evidently under misapprehension when he states that he was interned at Ellis Island. Captain Hveissel was originally detained on October 31, 1917, by the immigration authorities at Ellis Island, as is customary in all cases where aliens apply for admission into the United States. No presidential warrant was ever issued for the detention of Captain Hveissel, but in his application for permission. to enter and depart from the United States he made a statement to the effect that he was a native of the German Empire. The immigration authorities, as is customary in such matters, granted a hearing to Captain Hveissel and found him "inadmissible under the immigration laws, but being a native of Germany, unanimously excluded under regulation 10 of the President's proclamation of April 6, 1917." On November 13, 1917, a copy of the hearing and decision by the Special Board of Inquiry by the Department of Labor was forwarded to this Department in order that a decision might be rendered by the Department on the application of Captain Hveissel that he be allowed to enter and depart from the United States. On December 11, 1917, this Department advised the Secretary of Labor that the Department of Justice consented to the entrance and departure of Captain Hveissel and a formal permit to enter and depart was at that time granted. In due course, Captain Hveissel was released by the immigration authorities on December 19, 1917, and granted a permit to depart from the United States.

From these facts you can readily see that Captain Hveissel was at no time held under internment process and that his case was entirely one under the immigration law at all stages with the exception that a permit from this Department was necessary before he could be allowed by the immigration authorities to enter and depart from the United States. The question of granting a permit to him was decided upon in due course with only such delay as was necessary to a proper and thorough investigation of the circumstances of his arrival in the United States, the purpose of his visit and the advisability of granting him admission.

While the Department realizes that Captain Hveissel was put to considerable inconvenience as the result of the procedure followed in all cases where alien enemies apply for admission into the United States under regulation 10 of the President's proclamation of April 6, 1917, nevertheless, this Department is firmly of the opinion that it would be dangerous to the safety and welfare of the United States to allow natives of the German Empire, though naturalized in countries other than the United States, to freely enter and depart from the United States without a thorough and careful investigation as to the reasons for their presence in or departure from the United States, especially in view of the fact that persons falling within this class are in a peculiarly advantageous position to render aid and assistance to the enemies of the United States. This Department, furthermore, is of the opinion that persons of this class, unless properly vouched for, should be detained at the port of arrival or departure for a sufficient length of time to allow any information from the enemy or of value to the enemy to become worthless by lapse of time.

Accordingly, this Department has the honor to state that in its opinion the claim submitted by Captain Hveissel is without foundation.

Accept [etc.]

FRANK L. POLK

OFFICERS AND CREWS OF GERMAN MERCHANT SHIPS IN AMERICAN PORTS 1

File No. 763.72111/4757

The Secretary of Labor (Wilson) to the Secretary of State

WASHINGTON, April 6, 1917.

MY DEAR MR. SECRETARY: As an expeditious means of furnishing you with information with respect to the manner in which this Department has cared for the officers and crewmen of the German vessels lying in American ports, I have the honor to hand you herewith a copy of a communication which I am at this time sending to the President.

Cordially yours,

[Enclosure]

W. B. WILSON

The Secretary of Labor (Wilson) to President Wilson

WASHINGTON, April 6, 1917.

MY DEAR MR. PRESIDENT: I desire to submit the following report with regard to what has been done by this Department in the matter

1

For correspondence regarding the taking over of German merchant ships in American ports, see Foreign Relations, 1917, Supplement 2, vol. II, pp. 1245 et seq.

of caring for the officers and men of the German merchant vessels lying in ports of continental United States, Porto Rico and Hawaii.

Notice that the resolution declaring that a state of war exists had passed the House of Representatives reached the Department at 3.14 o'clock this morning. A telegram containing, in accordance with a prearranged plan,' the words "proceed instantly " was placed upon the wires and started to the immigration officer in charge at every port where vessels are lying at 3.15 a. m. At 3.22 a. m. reports that the messages had been received commenced to arrive, and by 9.30 a. m. assurances of the receipt and delivery at every place upon the continent, Porto Rico and Hawaii were in hand.

At this writing reports by telegraph or telephone have been received from the officers in charge at the following places, showing that the instructions were promptly carried out, the officers and crewmen taken into custody without any trouble of any kind and conveyed to immigration stations or other places of safety: Boston, New London, New York, Baltimore, Newport News, Wilmington, N. C., Savannah, and New Orleans. The places still to be heard from are Jacksonville, Philadelphia, San Francisco, Seattle, Portland, Ore., Honolulu, and San Juan.

Several questions have arisen which are of interest to one or more Departments other than the Department of Labor, and these will be raised in Cabinet meeting or discussed with the particular Cabinet officer concerned.

Faithfully yours,

W. B. WILSON

File No. 763.72111/5140

The Swiss Minister (Ritter) to the Secretary of State

Department of German

Interests VII Prinz. 2

WASHINGTON, June 14, 1917.

SIR: In pursuance of instructions from the Swiss Foreign Office I have the honor to present for Your Excellency's consideration the following questions concerning which the Imperial German Government desires to be informed.

1. What treatment has been and is being accorded the crews of the German merchant vessels in ports of the United States, and

The plan was embodied in the following telegram sent by the Department of Labor to the immigration oflicers on Apr. 4, 1917:

"Lay all plans, but take no actual step until receipt of cablegram reading 'proceed,' to take charge of and detain in immigration station every officer and crewman of German merchant vessels only. Customs officers will take charge

of vessels and later turn over personal effects of officers and men. Military or naval officers will furnish soldiers or marines needed to aid in safely and surely conveying men to station. Immigration officers may carry arms if in your judgment necessary." (File No. 763.72115/3860.)