File No. 341.622a/143
The Secretary of State to the Ambassador in Great Britain (Page)
3436. Your 4384, May 30. Please take up again with Sir Edward Grey the Ausable case, and point out to him that, even assuming that Leiztritz is a naval reservist officer, this Government can not admit that that is sufficient reason for his seizure under the rule which our Governments have again confirmed in the China case, or even under the rule of the Declaration of London, which the British Government has cited as being the most recent announcement on the subject to which the nations are at least morally bound. The fact that Leiztritz had signed as seaman under a false name and had false papers does not, it seems to me, have any bearing upon the case. The question is simply, Was Leiztritz at the time of seizure incorporated in the German armed forces as a combatant? The fact that he has heretofore performed military service in the German [Page 650] Navy, and is therefore subject to further military service owing to his training, does not, it seems to me, make him a member of the German Navy until he again enters the German service, any more than American militiamen are members of the armed forces of the United States prior to a call to arms and an assignment and entry in the regular organization in the Army.
I have delayed answering your telegram, as I wished to give this matter careful consideration in order that my position might be well founded and entirely justified.
Please take up this case again vigorously with a view to obtaining prompt release of Leiztritz, keeping me closely informed of your progress by telegraph.