No. 176.
Mr. Everett to Mr. Evarts.
Legation of
the United States,
Berlin, June 2, 1879.
(Received June 19.)
No. 114.]
Sir: I have the honor to acknowledge your
instruction No. 2, of the 14th ultimo, addressed to Mr. White, in reply to
my No. 105 on the subject of Wilhelm Knoth.
As Mr. White has not yet reached Berlin, and as the department may have some
further instructions to send after receiving my No. 107 on the same subject,
I have thought it best to leave the execution of the above instruction No. 2
to the minister himself when he shall arrive.
In the mean time, I beg leave, in pursuance of the same subject, to call your
attention to a new law of the German Empire, an extract and translation of
which I inclose, signed by the Emperor in July, 1878, but which does not go
into effect until October 1, 1879.
By the terms of section 19 of this law it would appear that only non-Germans in legations will be exempt from state
authority, and, consequently, by implication, that the German servants of
the legation are not so exempt.
This would seem to indicate pretty clearly what we have a right to expect for
the future.
I would also state that during a conversation I had with the minister of
foreign affairs, on occasion of presenting the President’s letter of
condolence on the death of Prince Waldemar, his excellency discussed the
case of Wilhelm Knoth, and, while expressing his regret that the legation
had suffered any inconvenience by his loss for twelve days, which he thought
he might possibly, had he known of it sooner, have spared us by special
request of the military authorities, was sure that the German Government
could not admit such a release, as a claim in conflict with the provisions
of their constitution requiring every man to perform a certain amount of
military duty.
* * * * * * *
I will call the attention of Mr. White, when he arrives, to the clause of the
new law referred to, in case he should think it best to discuss it with M.
von Bülow, as I was not aware of it when I had my last interview with his
excellency, nor did I mention it.
I have, &c.,
[Inclosure in No.
176.—Translation.]
§ 18. Internal jurisdiction does not extend to the chiefs and members of
missions accredited to the German Government.
If such persons are citizens of one of the confederated states, they are
exempted from internal jurisdiction in so far only as the state of which
they are citizens has renounced its jurisdiction over them.
The chiefs and members of missions accredited to one of the confederated
states are not subject to the jurisdiction thereof.
The same applies to members of the Bundesrath, not citizens of the state
where the Bundesrath meets. (14.)
§ 19. The foregoing regulations also apply to members of the
families, business officials, and servants of the persons mentioned in§ 18 who are not Germans.
14 Comp., § 19. Internal jurisdiction is that of all German tribunals.
(Mot., p. 5.)
The exterritoriality of diplomatic missions rests upon the principles of
international law; it is extended to imperial and municipal law.
“When diplomatic persons are in the condition of continual citizenship to
the state to which they are accredited, they are exempted from the
jurisdiction of that state
[Page 385]
only in so far as it has renounced its jurisdiction over them. In their
relation to the German Empire, the being subject to the empire must be
considered as conclusive.” (Mot., p. 55.)
This opinion is expressed in the second section. Under section 18 is
included the whole diplomatic body; therefore, also, ministers resident,
chargés d’affaires, secretaries of legation, and attachés. (Mot., a. o. O., p. 55.) The second clause bears upon
foreign (not German) diplomatic persons accredited to a confederated
state, and upon such persons whom one confederated state has accredited
to another state of the confederation. These are subject to imperial
jurisdiction only.
The non-Prussian members of the Bundesrath are under diplomatic
protection. (Art. 10, Imperial German Statutes; compare Hartman,
Zeitschrift, a. o. O., vol. 2, p. 13–16.) For
legal relations of the imperial diplomatic corps, compare imperial laws
of 31st March, 1878, §§ 19, 20, 21, 22 (Imp. Laws, Bl., p. 61,
Kamgieszer and o’ O., p. 85, 15). The term
“servant” also includes teachers, butlers, &c. (Mot., a. o. O., p. 55.)
