lared.

Germans in the United States and Americans in Germany were to be
entitled to conduct their businesses and continue their domicile
unmolested, but could be excluded from fortified places and other
military areas. Or if they chose, they were free to leave, with their
personal property, except such as was contraband. If they remained
they were to enjoy the exercise of their private rights in common with
neutral residents. They were not to be transferred to concentration
camps nor their property sequestered except under conditions applying
to neutral property. Patent rights of the respective nationals in
either country were not to be declared void nor be transferred to
others. No contracts between Germans and Americans were to be canceled
or suspended, nor were citizens of either country to be impeded in
fulfilling their obligations arising thereunder. Finally Germany
required that enemy merchant ships in either country should not be
forced to leave port unless allowed a binding safe conduct by all the
enemy sea powers.

In short, Germany asked that in the event of war her nationals and her
ships and commercial interests in the United States be regarded as on
a neutral footing and exempt from all military law. They were to be as
free and unrestricted as in peace time.

Mr. Gerard refused to sign the protocol after he had ceased to
exercise ambassadorial functions. Thereupon Count Montgelas, chief of
the American department of the Foreign Office, hinted that his refusal
to sign it might affect the status of Americans in Germany and their
privilege of departure. The reference was to American press
correspondents in Berlin, whose fate was apparently thought to weigh
with American public opinion. This threat to detain newspaper
representatives as supposedly important pieces on the diplomatic
chessboard before war was declared brought a firm refusal from Mr.
Gerard to yield to such pressure. He also expressed doubt whether the
newspaper representatives could be utilized to urge acceptance of the
protocol under pain of detention. Thenceforth nothing further was
heard of the protocol. Germany was undoubtedly exercising duress in
requiring Mr. Gerard to sign it, since his passports were withheld and
a needless guard had been placed round the American Embassy.

It appeared that the protocol had also been submitted to the State
Department by the Swiss Minister in Washington. Secretary Lansing
finally disposed of it. In a