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City, to distribute funds to needy German subjects in the United States. In that conversation your Secretary inquired whether the Department would have any objection to such distribution.

In reply I have the honor to advise you that, after careful consideration, I perceive no objection to the proposal, provided that your Legation exercises a general supervision of the distribution of funds in question and will see to it that only those German subjects who are really in want shall receive financial assistance, which should not be in greater individual amounts than required by their actual needs.

Accept [etc.]

File No. 355.11/673

ROBERT LANSING

The Secretary of State to the Ambassador in Spain (Willard)

479. For Berlin:

[Telegram]

WASHINGTON, May 21, 1917, 3 p. m.

Department has received positive information that American citizens in Belgium and Germany, who have been endeavoring for some time to leave, are not yet permitted to do so by German authorities. As an example of undue detention may be mentioned the cases of two Americans, Clayton and Whipple, in Antwerp. Department is at a loss to understand the reason thereof, as this Government has always acted promptly on applications of German subjects leaving the United States.

Please bring the foregoing urgently to the attention of the Imperial Government and ask for a full and definite statement of its attitude towards the departure of American citizens in Germany and German occupied territory.

LANSING

File No. 355.11/690

The Ambassador in Spain (Willard) to the Secretary of State

[Telegram]

MADRID, June 28, 1917, 11 a. m.
[Received midnight.]

1

641. Department's 504, June 1, 4 p. m., 1 concerning detention of Americans in Germany. Spanish Ambassador at Berlin wires:

The German Government to the insistent and repeated demands made on the subject repeats that all desiring to leave Germany may do so after having secured the necessary permits and visas. The numerous formalities which the military authorities require and the

'Not printed; see Department's telegram of May 21, supra.

slowness in carrying them out is the cause of the difficulties and delays experienced, and these are the same for Germans and neutrals. Minister of Foreign Affairs has again given instructions to competent authorities to hasten as much as possible the formalities and permits connected with departure of Americans.

Spanish Ambassador feels it his duty to call attention to the formalities and difficulties encountered by Germans desiring to leave United States and refers to the alarm caused in Germany by a note which it appears the Department of State sent to the Legation in Switzerland; that it is understood that only women and children are allowed to leave the United States; and on account of this fear the efforts of the Spanish Ambassador in behalf of departure of Americans are made difficult.

WILLARD

File No. 355.11/690

The Acting Secretary of State to the Ambassador in Spain (Willard)

[Telegram]

WASHINGTON, July 10, 1917, 5 p. m.

584. It appears from your 641, June 28, 11 a. m., that German Government is under the impression that German women and children only are permitted to leave the United States. Request Foreign Office to instruct Spanish Ambassador at Berlin to state to German Government that this is not the fact; that German women and children up to 14 years of age are under no restrictions as to departure, and that German males 14 years old and over may also leave if applications which they are required to make are acted upon favorably. Such applications have been freely granted until recently, but are now temporarily held up pending a statement from the German Government as to their attitude towards the departure of Americans from Germany and proofs that those Americans who wish to leave are not being unduly detained by German authorities. POLK

File No. 763.72111/5289

The Acting Secretary of State to the Swiss Minister (Ritter)

MEMORANDUM

The Acting Secretary of State presents his compliments to the Minister of Switzerland, in charge of German interests in the United States, and referring to the Minister's memorandum of June 19, 1917,1 in which he requests to be informed, for his own advice and

'Not printed.

guidance, regarding the status of German subjects at present detained at Ellis Island, exclusive of those persons formerly members of the crews of German merchant vessels, has the honor to advise him of the receipt of a letter from the Assistant Secretary of Labor, dated the 9th instant, in substance as follows:

The only German aliens (other than those removed from German merchant vessels) now being detained at the Ellis Island Immigration Station, or other immigration stations throughout the country, are those who have arrived at ports of this country and have been denied admission, they being held for deportation until such time as that action can be taken with safety to the aliens involved; those who have been apprehended within this country, found to be subject to expulsion under the immigration laws, and removed to an immigration station pending an opportunity to return them to their native land; and those who have been taken into custody by officials of the Department of Justice under regulation 12 of the President's proclamation of April 6 1 and have been placed in the care of the Immigration Service for detention. The status of the two former classes is that of aliens subject to deportation, they merely being held in order that they may receive proper care and attention and be available for such deportation when that course can safely be pursued. The status of the latter class (those held under regulation 12 of the President's proclamation) is that of alien enemies interned for the duration of hostilities with the government to which they claim allegiance, or until such time as it is deemed they can be released without danger to this country. These aliens are not, in any sense, considered as prisoners of war. They are civilians whom it is deemed best, for one reason or another, to hold in detention for the time being. WASHINGTON, July 20, 1917.

File No. 763.72114/2769

The Secretary of State to the Swiss Chargé (Hübscher)

MEMORANDUM

The Secretary of State presents his compliments to the Chargé d'Affaires of Switzerland, in charge of German interests in the United States, and has the honor to acknowledge the receipt of his memorandum of July 5, 1917,2 requesting that the Legation be furnished with a full list of all Germans detained as suspicious aliens, giving, wherever possible, the place of detention and the charges preferred against such persons.

1Ante, p. 165. 2 Not printed.

In reply the Secretary of State has the honor to transmit herewith copy of the list in question 1 in quadruplicate, showing the names and places of arrest, dates of arrest, present places of detention, and dates of release or parole wherever such release or parole has been made. This list, it is believed by the Department of Justice, is complete and accurate up to the date of July 5, 1917.

The Department of Justice is, however, not in a position to give the details of the charges preferred against such persons, inasmuch as persons whose names appear, on this list have all been arrested under regulation No. 12 of the President's proclamation of April 6, 1917, which is as follows:

An alien enemy whom there may be reasonable cause to believe to be aiding or about to aid the [enemy, or who may be at large to the danger of the] public peace or safety, or who violates or attempts to violate, or of whom there is reasonable ground to believe that he is about to violate, any regulation duly promulgated by the President, or any criminal law of the United States, or of the States or Territories thereof, will be subject to summary arrest by the United States Marshal, or his deputy, or such other officer as the President shall designate, and to confinement in such penitentiary, prison, jail, military camp, or other place of detention as may be directed by the

President.

Under this proclamation the Attorney General, to whom the President has assigned the administration of the proclamation, orders arrest whenever it appears that the interests of the United States so demand and on such evidence as satisfies him that the arrest is so required.

WASHINGTON, August 9, 1917.

File No. 763.72114/2931a

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

WASHINGTON, August 27, 1917.

SIR: For the information of the Department of State, I have the honor to request that, if convenient and proper, you be so kind as to advise it regarding the following points connected with German subjects detained under the jurisdiction of your Department.

(1) Whether prisoners of German nationality detained at temporary stations such as Ellis Island, Angel Island, Gloucester City, etc., are governed in their daily life by military law and are subject to the orders of any member or members of the armed forces of the United States Army.

1 Not printed.

(2) Whether prisoners of a like category when transferred to permanent detention camps such as Hot Springs, N. C., etc., come in any way whatsoever under the jurisdiction of the War Department.

(3) Whether such prisoners are receiving or are to receive treatment and privileges similar to those accorded prisoners of war, or whether the Department of Labor regards them as a distinct category which enjoys privileges and restrictions of a special nature.

Provided the Department of Labor does not recognise such prisoners as enjoying the same rights as prisoners of war, I would be glad to receive such information as you consider advisable to furnish me regarding the exact nature of the rules laid down by the Department of Labor governing these prisoners.

I have [etc.]

File No. 355.11/728

ROBERT LANSING

The Ambassador in Spain (Willard) to the Secretary of State

[Telegram]

MADRID, September 6, 1917.
[Received 12 midnight.]

774. Department's 567, July 2.1 German authorities have decided to grant passports to Clayton and Whipple, who will receive them in a few days.

WILLARD

File No. 763.72114/2906

The Assistant Secretary of Labor (Post) to the Secretary of State

WASHINGTON, September 22, 1917.

[Received September 25.]

SIR: I have the honor to acknowledge receipt of your letter of September 15 [August 27], propounding three inquiries in reference to German subjects detained under the jurisdiction of this Department. These inquiries are answered as follows:

1. The interned Germans temporarily detained at Ellis Island, Angel Island, Gloucester City, Boston, and New Orleans, are not governed by military law, nor are they subject to the order of any member or members of the armed forces of the United States Army. Military guard is maintained at Ellis Island and Gloucester City, to guard the exterior property of these stations, but the interned persons are directly under the control of civilian officers of the Department of Labor.

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