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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa

Germany,   pp. 319-405 PDF (32.6 MB)

Page 362

a new question has been raised by your inquiry of the 23rd instant,
to which a definitive answer cannot be given until after the receipt
of information from Berlin; the proceedings before the Commission
should, in my opinion, quietly continue to follow their [regular] 53
course in the meantime.
  Accept [etc.]                                      DIECKHOFF
Memorandum by the Counselor of the Department of State (Moore) 54
  Although the note of the German Ambassador of April 5, 1937,
regarding the so-called sabotage claims pending before the Mixed
Claims Commission, United States and Germany, has been acknowl-
edged, in view of the present situation it seems desirable that some
reference should be made to the statements therein contained, as
  1. That Mr. Robert W. Bonynge, the American Agent before the
Mixed Claims Commission, and Mr. Harold H. Martin, his Counsel,
who were sent to Germany, did not "choose to call at the Foreign
Office" but instead had their discussions at Munich with Hauptmann
von Pfeffer;
  2. That the Munich settlement presupposed that it was to be the
first step in an energetic effort to improve the relations between the
two countries; and
  3. That the effect aimed at was finally to dispose of in their en-
tirety all claims still pending before the Mixed Claims Commission,
but that it has become apparent in the meantime that the presupposi-
tions on which the settlement was based cannot materialize and refer-
ence is made in this relation to the protests lodged with this Govern-
ment by the holders of earlier awards by the Commission against
the outcome of the Munich discussions, which protests this Govern-
ment had instructed its Agent to submit to the Commission and to
acquiesce in the requests of the awardholders to be heard by the
  As to the first of the numbered paragraphs it should be remarked, as
has previously been explained to the present German Ambassador,
that Messrs. Bonynge and Martin did not call at the German Foreign
Office for the reason that on reaching Germany they were met by a
representative of the German Government, Mr. von Deichmann, and
were advised by him that the negotiations would be held in Munich
with Herr von Pfeffer. Messrs. Bonynge and Martin state that they
at no time received any intimation that they should call at the German
Foreign Office.
"Brackets appear in the file translation.
"Copies of the memorandum were given to Mr. Thomsen of the German
Embassy and to Mr. Martin of the Mixed Claims Commission.

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