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File No. 763.72111/212

The German Ambassador (Bernstorff) to the Secretary of State

GERMAN EMBASSY,

New York, September 23, 1914.
[Received September 25.]

MY DEAR MR. SECRETARY: I am in possession of the following facts:

Mr. Riley E. Scott, an ex-Lieutenant of the United States Army, until very recently engaged in instructing the Aviation Corps of the United States Army near San Diego in the practice of dropping bombs from aeroplanes, has offered his services for that purpose to France or her allies.

Mr. Scott expects to arrive in New York within the next few days from California, and to proceed to Europe as soon as may be, for the purpose just described.

The above information was given to me voluntarily by an American metallurgical engineer, Mr. Howard F. Wierum, by whom Mr. Scott was at one time employed. Mr. Wierum personally saw the cable from Mr. Scott offering his services to France, and also the cable reply of the French War Office. This was in London, about August 8. Mr. Wierum is now in New York, and though glad to state under oath all that he knows concerning Mr. Scott's activities in the past and intentions in the future, yet is very anxious not to be publicly known in the transaction, as Mr. Scott's backers in Europe are close business associates with Mr. Wierum.

I should greatly appreciate an expression from you as to whether the strict neutrality of the United States Government would permit of its exercising any restraining or warning influence upon Mr. Scott's plans. We think that at least the shipment of his bombdropping apparatus (which he has patented and with which quite remarkable accuracy was obtained during certain international contests held in Paris three years ago) should be prevented, though I understand that his Backers in Europe (also Americans-Messrs. Hart O. Berg of Paris and William A. Hall of New York, both resident in London) are in possession of duplicate apparatus.

If, with thorough proof, the hostile activities of Mr. Scott are thus laid before you, think the nature of the hostility displayed is sufficiently unique and different from an enlistment of a mere ex-United States Army officer to call for a special action by the United States Government.

Believe me [etc.]

2432-28- -36

J BERNSTORFF

File No. 763.72111/259

The Austro-Hungarian Ambassador (Dumba) to the Secretary of

No. 17-X]

State 1

[Translation]

AUSTRO-HUNGARIAN EMBASSY,

Manchester, Massachusetts, September 28, 1914. [Received September 30.] EXCELLENCY: As your excellency will most kindly see from the enclosed item from the Cleveland Plain Dealer's issue of the 21st instant, the honorary Royal Servian Consul General Pupin has issued a call to all the Servian Sokols, in which he invites them to join the Servian Army as volunteers.

It being well known that there are very few Servian subjects in the United States and that the Sokols are almost exclusively composed of Servians from the Austro-Hungarian Monarchy, Mr. Pupin's action constitutes a plain violation of neutrality and is liable to criminal prosecution under the neutrality proclamation issued by the President at the beginning of the present war.

I have therefore the honor most respectfully to ask that your excellency will most kindly take such steps as may be deemed appropriate to prevent Servian volunteers of Austro-Hungarian origin from leaving the territory of the United States and to call Mr. Pupin to account for his recruiting.

Looking forward, with thanks, to your excellency's favorable answer as to the action taken in the matter, I renew [etc.]

C. DUMBA

File No. 763.72111/212

The Secretary of State to the German Ambassador (Bernstorff)

DEPARTMENT OF STATE, Washington, October 6, 1914.

MY DEAR MR. AMBASSADOR: I have received your letter of the 23d ultimo, calling attention to certain facts relating to Mr. Riley E. Scott, an ex-Lieutenant of the United States Army, who, you state, has offered his services as aviator, familiar with the practice of dropping bombs from aeroplanes, to France or her allies. You state that Mr. Howard F. Wierum "personally saw the cable from Mr. Scott offering his services to France, and also the cable reply of the French War Office," and suggest that the nature of the case is sufficiently unique and different from an enlistment of a mere exUnited States Army officer to call for special action by this Government. You request, therefore, an expression of opinion as to whether "the strict neutrality" of the United States Government would permit of its exercising any restraining or warning influence upon Mr. Scott's plans.

1

Related correspondence is printed in the section on loans to belligerent governments, post, p. 580. 2 Not printed

Assuming that Mr. Scott is an ex-officer of the United States Army; that he is an expert at bomb-dropping from aircraft and has designed an efficient apparatus therefor; that he has tendered his services to France, cabling from the United States; that the French War Office has accepted his tender; and that he is about to sail for Europe with his apparatus in pursuance of his accepted tender, I beg to advise you that the Department is of the opinion that, while Mr. Scott may be acting contrary to the wishes of the President contained in his address to the American people enjoining neutrality, he is not offending against the neutrality laws of this country or the treaties on that subject between the United States and other powers. The Department understands that the circumstances of Mr. Scott's case do not constitute an "enlistment or entry" as a soldier or as a marine or seaman in the service of a foreign state, in violation of the neutrality statutes of the United States. In this situation the Government would hardly feel authorized to take any steps on the facts stated to, and understood by, the Department, to prevent the contemplated action of Mr. Scott.

In this relation it may be pointed out that, as under the generally accepted principles of international law citizens or subjects of a neutral nation are not prohibited from entering the military service of a belligerent, it has been a common practice in the past for aliens to engage in foreign military service without compromising the neutrality of their government. For example, many aliens served in the United States Army during the Spanish War of 1898; and the same is true of the American Civil War, the distinguished foreigner, the Comte de Paris, serving in the Union Army. In earlier days, Baron von Steuben and General Lafayette served in the American armies during the War for Independence.

I am [etc.]

For the Secretary of State:
ROBERT LANSING

File No. 763.72/1047

The Vice Consul at Kingston, Jamaica (Bundy), to the Secretary

of State

[Telegram]

AMERICAN CONSULATE,

Kingston, Jamaica, undated. [Received October 5, 1914, 1 p. m.]

British authorities Jamaica ask boats under American flag carry no Germans or Austrians, either crew or passengers, liable military

duty avoiding requirement search.

BUNDY

The Secretary of State to the Vice Consul at Kingston, Jamaica

(Bundy)

[Telegram]

DEPARTMENT OF STATE, Washington, October 7, 1914.

Reference Section 2174, Revised Statutes. American vessels are under no duty to refuse to ship belligerent seamen or to transport citizens or subjects of belligerent countries. It is not understood that right to arrest and remove such seamen or passengers on high seas was asserted by British authorities.

BRYAN

THE TRANSIT OF RESERVISTS FROM CANADA ACROSS UNITED STATES TERRITORY

File No. 150.07/41

The Consul General at Vancouver (Mansfield) to the Secretary of

State

[Telegram]

AMERICAN CONSULATE GENERAL,

Vancouver, undated.

[Received August 12, 1914, 9 a. m.]

I have the honor to request instructions whether military reservists are permitted transit through the United States. Am informed that the United States immigration officers, Canada, have been instructed to pass number French reservists whose transportation France provided for from one Canadian point to another through the United States.

MANSFIELD

The Secretary of State to the Consul General at Vancouver

(Mansfield)

[Telegram]

DEPARTMENT OF STATE, Washington, August 13, 1914. Neither the neutrality laws of the United States nor proclamation of the President prohibit passage through the United States of reservists who are returning to their respective countries for the purpose of military service, when the circumstances of their transit do not amount to the beginning or setting on foot or providing or preparing the means for any military expedition or enterprise to be carried on from the territory or jurisdiction of the United States. If such reservists are organized and armed and so manifest the existence of a military expedition or enterprise, they are not entitled to transit through the United States. Report the occasion of your inquiry.

BRYAN

File No. 150.07/17

The French Chargé d'Affaires (Clausse) to the Secretary of State

FRENCH EMBASSY,

Manchester, Massachusetts, August 14, 1914.
[Received August 17.]

Mr. SECRETARY OF STATE: The United States Commissioner of Immigration at Montreal has told the Consul of France at that city that he needed authorization to let into American territory such French reservists as should have to proceed individually and at their expense from Montreal to New York there to take ship.

I should be obliged to your excellency if you would kindly have the agent of the Federal Government at Montreal instructed accordingly as soon as possible.

Be pleased to accept [etc.]

CLAUSSE

File No. 150.07/45a

The Secretary of State to the Belgian Minister (Havenith)

[Telegram]

DEPARTMENT OF STATE, Washington, August 18, 1914.

Urgent. American Consul General at Montreal reports that large number of Belgian reservists desire to return to their country by way of United States. Is it your desire that the Department take the necessary steps to secure permission for these subjects to enter this country?

W. J. BRYAN

File No. 150.07/21

The Russian Ambassador (Bakhméteff) to the Secretary of State

[Telegram]

RUSSIAN EMBASSY,

Newport, Rhode Island, August 27, 1914.

[Received 3.30 p. m.]

I would be much obliged to you if you would give immediate instructions to immigration authorities on Canadian border to allow admission of Russians to New York in transit to Archangel by steamer sailing Saturday.

BAKHMÉTEFF

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