Evening star., 1914-12-29
WAR ZONE C0NSU[S
BEING CONSIDERED
Bryan Has German Note PIaC-
ing Them Under Military
in Belgium.
MINISTER HAVENITH
FILES FORMAL PROTEST
Declares Such Act Lawful Only
When Treaty of Peace Fixes
Status of Territory.

Secretary Bryan had before him to-
day for consideration the formal noti-
fication from Germany that American
consuls in Belgium must be accept
able to the German military authori-
ties and asking for the withdrawal of
certain consuls for the present, at
least.
Secretary Bryan brought the matter
officially to the Presidents attention
at the cabinet meeting.
The United States now has consular
representatives only in Brussels, Ant
werp. Liege and Client. Since the war
broke out they have been engaged
chiefly in looking after refugees and
aiding in relief work. as there was lit
tie regular work to do.
Although the text of the communica-
tion has not been made public, it is be-
lieved in official circles to be similar
to the one sent to Argentina and other
neutral countries, and that although
the Berlin government is not insistent
that consuls in Belgium take out new
exequaturs from German officials, it
announces that such consuls must per-
form their duties only by permission
from the military authorities control
ling the territory in which the consul
late is located.
Belgian Government Protests.
Already the Belgian government has
protested against Germany's action.
statement declares that such change
could only become lawful by the con-
summation of a treaty of peace de-
termining definitely the status of the
occupied territory"
The action of Germany in asking for
the withdrawal of certain consuls is
be based upon the law of military ne
cessity, which recognizes the right Of
military officer in command of occupied
territory to dictate the amount and
extent of civil business and the man
ner in which it shall be conducted in
that territory.
1t is claimed that the United States
could recognize such right without
this country to political
Of the right of the military
occupant of territory to its posses
sion.
No Commerce Interruptions.
Regarding the withdrawal of consuls
from certain points under color of
military necessity, it is said that there
need be no actual interruption of COM
merce in consequence. because under
American consular regulations in the
absence of a consul "a not infrequent
In normal times). two repu-
table merchants may render an accept
able certificate to an invoice of goods
The japanese government already has
intimated it's objection to the presence
of foreign consuls in the territory OF
Kiachow, recently captured from the
Germans. In that case there is no
question Of who shall issue exequaturs:
the objection lies to the presence OF
any foreign consuls, no matter "hat
may be their legal status.
Several applications have come to the
State Department from mercantile IN
terests urging the return of Ameri-
can Consul Peck to Tsingtau. but in
the face of Japanese opposition and in
the knowledge of the fact that the
order of exclusion runs against con-
suls of all nations alike. the State De-
partment has not felt called upon to
force an issue by ordering the re-
turn of Mr.. Peck to his post.
Minister Havenith's Statement.
Mr.. Havenith, the Belgian minister.
called at the State Department after
the German notice had been received.
Later he issued this statement:
The Belgian minister has been in
formed that the German government
has notified the neutral powers of its
intention to cancel the exequaturs ac-
corded by the Belgian government to
foreign consular representatives.
'"The Belgian government has pro-
tested against this step. The issue as
well as the cancellation of an exequa-
tur are acts which imply the sover-
eighty of the state from which they
emanate. Now, power in military
occupation of territory only enjoys
a de facto possession, which cannot he
transformed, in so far as its relations
with neutral states are concerned, in
to a state of sovereignty. Such a
change could only become lawful by
the consummation of a treaty of peace
determining definitely the status of the