It is a mistake to suppose that a diplomat in
the position of Captain von Papen is immune from the legal consequences of his acts. Except by courtesy, immunity from prosecution only belongs to the Ambassador as was asserted in the famous case when under Cromwell the brother of the Portuguese Minister was indicted fore the English Courts for murder and duly hanged. Lieutenant Wolf von Igel, who was secretary to Captain von Papen, was arrested after a severe struggle with the police; and will be arraigned on the conspiracy charge. He attempted to claim diplomatic protection, but the claim was very properly refused. As, however, Captain von Papen, and presumably his subordinate, were members of the Ambassador's staff, and worked under his orders, it is very difficult to see how Count Bernstorff could in the event of conviction maintain his pesition at Washington. It would therefore seem that even if diplomatic intercourse is not severed on the submarine question, Count Bernstorff will have to leave America. It is assumed that if there is a breach of diplomatic relations, a state of war will soon follow. But though that is likely, it is not inevit- able. No doubt if after the withdrawal of the Ambassadors a ship were torpedoed in which American lives were lost, the Americans would take action ; but it is always possible that these conditions may never arise.
