Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 4, 1883
No. 208.
Mr. Sargent to Mr. Frelinghuysen.
Berlin, October 20, 1883. (Received November 10.)
Sir: I have the honor to transmit a return of so-called military cases of naturalized Americans, which have been disposed of since the date of the last report, viz, from October 9, 1882, to October 20, 1883. A number of cases are still pending, including Nos. 102, 103 and 104; Nos. 88 and 92, reported unfinished in my last report, are now finished and herein reported.
The principles governing military cases, and the interpretation of the naturalization treaties are being settled in practice, and it is more and more rare for new and perplexing questions to arise. Although delays sometimes occur, probably from the pressure of business at the imperial foreign office, legal relief is always ultimately furnished upon the request of this legation.
I have, &c.,
Report of military cases disposed of between October 9, 1882, and October 20, 1883.
88. Adolph Koernig was born at Gross Salzdorf, Kreis Schubin, March 16, 1857, and emigrated thence February 17, 1876, at the age of about nineteen years, to the United States, where he was naturalized on November 9, 1881, after a residence there of over 5 years. On November 16, 1881, he returned to his native place, where, under an order from the Amtsgericht at Schubin, dated December 23, 1881, he was on the following day required to pay a military fine of 150 marks or suffer imprisonment for the term of one month. After protesting in vain against the action of the local authorities, exhibiting his certificate of naturalization and his American passport, in support of his claim to exemption from the penalty imposed, Mr. Koernig paid the fine. Some ten days later he was forcibly mustered into the Ersatz-Reserve, Co. 4, of the Pommeranian Infantry Regiment, No. 21, in which he served for ten weeks, when he was released. Mr. Koernig had informed the legation of the penalty imposed at as early a day as December 30, 1881, and the legation had at once replied to his communication, asking to be furnished with the evidence of his American nationality. Nothing further having been heard from him it was supposed by the legation that he was no longer molested and that his fine had been repaid him. He, however, addressed the legation on April 17, 1882, returning the military case form that had been sent him to be filled out and informed the legation that he had ever since been awaiting the return of his papers which had been in the hands of the authorities. On the 23d of April, the day of the receipt of the above communication, the legation addressed the foreign office in his behalf, presenting the above stated facts and adding that as Mr. Koernig’s treatment seemed to have been extremely harsh, it was hoped a speedy investigation would be made and an early redress afforded if the essential facts were found to be as stated. On the same day Koernig was notified that intervention had taken place. On the 25th of April the foreign office informed the legation very promptly that an investigation had been ordered, promising a further communication after its termination. After some further correspondence had passed between Koernig and the legation as to the unexpected delay in the settlement of the case, the legation was informed by the foreign office, on October 28, that the fine had been remitted and its repayment directed. On October 30th, the date of the receipt of the above note, Mr. Koernig was informed of the successful result of intervention in his behalf, and his papers were returned to him. As Mr. Koernig has not since been heard from, it is believed he has returned to the United States.
92. Gustav Schumann, on June 9, 1882, addressed a communication to the legation asking its intervention, and informing it that a fine had been collected from him, and that he was also summoned to appear before the military authorities in order that his case might be further investigated. The legation at once wrote to Schumann inclosing the customary military case form to be filled out with the necessary facts in his case, and promising, should the facts warrant, to intervene with the German Government in his behalf. On the 17th of June Mr. Schumann returned the form, filled in as requested, stating inferentially that he had also been deprived of his liberty. On the same day the legation intervened in his behalf, presenting to the foreign office the facts in the case as received from Schumann, which were as follows: He was born at Schrothaus, Kreis Obernik, Posen, in Prussia, on the 30th of June, 1853, and emigrated at the age of 17 to the United States, where he was naturalized in 1878 after a residence there of 8 years. In May, 1882, he returned to Germany on a visit to his parents, and was fined 180 marks for neglect of military duty, and, as he alleged, also imprisoned. Schumann’s certificate of naturalization could not be transmitted to the foreign office, as it was in the hands of the local authorities at Schrothaus. The legation requested that the fine be speedily remitted if the facts should upon investigation be found to be in accordance with Schumann’s statements, and that he be liberated pending the investigation. On June 20 the foreign office informed the legation that an investigation of the case had been ordered, and that a further communication on the subject would in due course be made.
Under date of July 11, a second communication was received from the foreign office, in which Schumann’s statement that he had been deprived of his liberty was declared to be untrue, and on October 30 a communication of the 28th of that month was received from the foreign office conveying the intelligence that the fine had been remitted, and the return of the amount paid directed. Schumann, from whom and from whose father several letters with regard to the progress of the case had in the mean time been received and answered, was at once informed of the successful result in his case, and has, it is believed, long since returned to the United States in accordance with his expressed purpose.
94. Andrew Klam, born at Ruhlingen, Saargemünd, Alsace-Lorraine, on the 1st of March, 1853, elected to be a French citizen in 1872, and then entered the French army, in which he remained until he emigrated in January, 1874, to the United States, where [Page 392] he was naturalized on the 7th October, 1880, and where he has since continued to reside. These facts and others concerning his case were furnished by Klam in two communications, dated June 23 and July 23, 1883, he giving, at the request of the legation in the latter, the full information needed, but not contained in the former. It appeared, further, from Klam’s statement, that his father residing at Ruhlingen had been required by the local authorities to pay a fine of 915 marks on account of his son’s failure to perform military service, although, as it seems, he had never been a German subject. The full facts as above stated, together with Klam’s certificate of naturalization, were presented to the foreign office on August, 1882, immediately upon the receipt of his last communication, with the request that the case be speedily investigated, the amount of the fine returned, and Klam’s name stricken from the army rolls, if the facts should be found to be as represented. The return of the fine was requested, although it had been collected before Klam had acquired American citizenship, but after his emigration. This request was preferred, however, with little expectation of a successful result, since in all analogous cases previously submitted, and notably in that of Moritz Neef, reported to the Department in Minister Bancroft Davis’s No. 283, of February 21, 1876, the principle had been asserted by the foreign office that no obligation to return fines thus imposed and collected existed. On the 10th of October the foreign office replied to the note of intervention of the legation, declining to return the fine, but conveying the information that Klam’s name had already been stricken from the army rolls. Mr. Klam was informed of this decision, and his certificate of naturalization returned to him on the 12th of October, the date of its receipt by the legation. On the same day the case was fully reported to the Department. A peculiar feature of this case appears to be that the fine was levied upon a person who, if he had not yet acquired American citizenship, was of French rather than of German nationality.
95. Alexander Schwarz, was born at Zinin, Province Posen, Kreis Schubin, on June 24, 1858, and emigrated at the age of 15, in May, 1873, to the United States, where he was naturalized in 1879 or 1880. On August 31, 1882, Schwarz called in person at the legation, furnished the above particulars, and added that he had returned on or about July 1, 1882, on a visit to his native place, where he was arrested early in August following and taken before the royal amts judge at Schubin upon a charge of violation of military duty in Germany. The judge had discharged him from arrest for the time being, but had taken from him his certificate of naturalization and American passport, transmitting these papers for inspection to the royal state attorney at Bromberg, in whose hands they still were, he presumed. In the absence of these papers, Schwarz could not fix the exact date of his naturalization. As he desired to return to the United States in a few days and feared he might have difficulties at the German port of departure, the legation, after taking his sworn statement of the foregoing facts, furnished him at his request with a certificate setting forth the fact that his papers were in the hands of the German authorities. The legation also immediately addressed the foreign office in Schwarz’s behalf, presenting the facts in the case, asking that all hostile proceedings against him might be desisted from, and expressing the hope that his papers might be restored to him before the 3d of September, on which day he desired to sail. Though a gratifying promptitude was shown by the foreign office, the time proved too short for compliance with the latter request. The legation was informed by the foreign office on September 2d that the papers had been sent to Schwarz and that the royal states attorney had already, before the receipt of the note of the legation, recommended the remission of his fine. Though Schwarz’s papers did not reach him in time he suffered no detention in Hamburg. His papers were subsequently sent to the legation and transmitted by it to him. On November 16 following the foreign office informed the legation of the final remission of the fine and the legation at once conveyed to Schwarz intelligence of the successful result of intervention in his behalf.
96. Henry Petersen was born February 8, 1850, at Langenhorner Haide, near Langenhorner Schleswig, and emigrated September 2, 1872, to the United States, where lie was naturalized March 23, 1878, and where he still resides, never having visited his native country. This case was first brought to the notice of the legation by Petersen’s agent in Schleswig. This information proving insufficient, and being unaccompanied by evidence of American nationality, the legation at once replied to the agent’s communication asking that he cause an inclosed military case form to be filled out by his client and also procure the latter’s certificate of naturalization. The form and the certificate were received from Petersen direct on September 7 following, and the legation on the same day presented the case to the foreign office, informing it that the royal Prussian Amtsgericht at Bredstedt had imposed a fine of 150 marks upon Petersen for alleged avoidance of military duty, to secure the payment of which proceedings had, it was understood, been instituted against the property of his mother at Mönkebüll, in Schleswig. Mr. Petersen’s certificate of naturalization was inclosed, with the request for its final return, and the foreign office asked to cause the proceedings complained of to be discontinued if the facts proved upon investigation to be as [Page 393] represented. Petersen was on the same day notified by the legation of the action taken by it in his behalf. Within a few days, on September 10, the foreign office informed the legation that an investigation had been ordered, promising a further communication upon the close of the same. On October 11 following, a final answer was received from the foreign office informing the legation that the attachment complained of had been vacated. This intelligence was at once conveyed by the legation to Petersen, and his certificate of naturalization returned to him.
97. Philip T. Salzer was born on January 22, 1853, at Metzingen-on-Arne, in the Kingdom of Wurtemberg, and emigrated in July, 1866, at the age of 14, to the United States, where he was naturalized October 14, 1874, and where he still resided, never having revisited his native country.
A letter dated March 27, 1882, was received by the legation on April 10 following, from Salzer, in which he informed it that an inheritance was due him in Wurtemberg which he had during an extended period in vain endeavored to collect through his guardian, and asking that the legation investigate the matter, ascertain what the difficulty was, and see that his rights were observed. On the same day the legation replied to Salzer’s communication, informing him that his inheritance had probably been attached by the Government as security for a fine imposed on him for a failure to perform military duty in Germany upon attaining the age for service. He was requested to fill in an inclosed military case form, and transmit it and his certificate of naturalization to this office, in order that such measures as the occasion called for might be taken by the legation for his relief. On the 7th of October following, the legation received from Salzer the requisite facts in his case, and also his certificate of naturalization, and on the same day intervened in his behalf with the foreign office, submitting the facts furnished by Salzer, expressing the belief that an attachment for a military fine had been laid on the inheritance, and requesting that all obstacles to the delivery of the same to Salzer be removed if the facts should be found to be as stated. On the same day Salzer was informed that the legation had addressed the German Government in his behalf. On the 22d of January following, the legation received a note from the foreign office informing it that the fine had been remitted and the attachment vacated. On the same day the legation informed Salzer of the successful result of intervention in his behalf, and returned to him his certificate of naturalization. As nothing further has been heard from him, it is inferred that no further difficulty arose and that he is in possession of his inheritance.
98. Valentine Witowiak was born at Posen, Prussia, on the 14th of February, 1858, and emigrated in September, 1873, to the United States, where he was naturalized on the 17th of October, 1879. On the 29th of November, Witowiak appeared in person at the legation, presenting a letter signed by himself, containing some of the facts in his case. This information was supplemented by his filling out the customary military case form. It appeared that he had arrived in Germany on a visit to his parents at Posen, on the 26th of February, 1882, and had soon thereafter been summoned by the local authorities to pay a fine for failure to perform military duty or suffer one month’s imprisonment. The legation on the same day presented the case to the foreign office, inclosing Witowiak’s certificate of naturalization, requesting an early investigation, that Witowiak be no further molested pending the same, and that the fine be remitted if his statements were found to be true. On the 11th of December an answer was received promising that Witowiak should not be molested pending the investigation which had been ordered, and that the legation should in due course be made acquainted with the result of the same. A further note was received from the foreign office on March 10 following, conveying the satisfactory intelligence that the fine had been remitted. This result was on the same day communicated to Witowiak, and his certificate of naturalization returned. Nothing further has been heard from him.
99. Jörgen J. Grau was born at Holm, near Norburg, Alsen, Schleswig-Holstein, on the 17th of August, 1848, and emigrated on the 20th of September, 1872, to the United States, where he was naturalized on October 11, 1881. This case was first brought to the notice of the legation in a communication received from the United States consul at Hamburg on the 20th of September, 1882. Inclosed with the same was a document signed by a local official which seemed to assume that Grau desired to be rehabilitated in German citizenship, and stated that as a condition of his continued residence in Germany he must show his ability to support his family, and also that he had hitherto done so, and that he was honest. Grau requested the legation to furnish him with a certificate setting forth these facts. The legation at once addressed Grau, through the consulate at Hamburg, informing him that it did not come within its province to furnish certificates to facilitate the resumption of German allegiance, but that if it were made to appear that he was simply visiting Germany with a bona fide intention of returning to the country of his adoption, the legation would render him all proper assistance. He was advised as to what his rights were, and invited to appeal to the legation if they were in any way infringed upon. The customary military case form was inclosed to be filled out and returned in case of need. On [Page 394] the 15th of December, a farther communication was received from Grau, in which he protested that he only wished to remain in Germany for two years, and requested that the legation take such measures as might seem necessary to arrest his threatened expulsion before the conclusion of his contemplated stay. On the same day the legation addressed the foreign office, asking that Grau be allowed to remain unmolested in Germany for the period of two years, provided for by the treaty of February 22, 1868. On May 4 following, the legation received a note from the foreign office, stating that Grau would not be molested before the expiration of the two years. This satisfactory result was at once communicated to Grau and his certificate of naturalization returned him. As nothing has since been heard from Grau, it is presumed he has returned to the United States.
100. Charles William Scheibert was born in New York on the 22d December, 1856. His father, Julius Scheibert, had emigrated to the United States in 1856, was naturalized there in 1864, and in 1869, with all his family, returned to Germany, where they have since remained. On the 19th December, 1882, the son, William Scheibert, was suddenly impressed into military service, though he had been unmolested since he had arrived at the military age. The parents called in person in the greatest distress to ask the intervention of the legation on the day after the event, and a note calling attention to the case was addressed at once to the foreign office, asking that the young man might be allowed to return to his parents for the Christmas holidays, and while the case was pending, and expressing the firm belief that his American birth ought to save him from military service. In accordance with the minister’s request a furlough of fourteen days was granted to young Scheibert, but at the end of that period he was obliged to rejoin his regiment. For another month nothing more was heard from the foreign office, and the parents became so impatient at the delay that, on the 29th January, another note was sent to the foreign-office urging the son’s release, and, in addition, the minister spoke concerning the matter to the minister of foreign affairs on the 9th February. On the 10th February the latter informed Mr. Sargent verbally that the father and son had both been naturalized German citizens, and subsequently furnished the legation with copies of the father’s application for German citizenship for himself and his son, and the granting of the same by the court. This put an entirely different complexion on the case, and the father was informed of the discovery the legation had made of his renaturalization which he had kept back, but which he did not deny, and declining to do anything more for him till instructions could be received from the Department of State, to which the case had been referred on the 26th February. On the 5th April the reply of the Department, dated 16th March, was received, approving the minister’s course, and forbidding any further intervention in his behalf. This decision was communicated at once to the father and the foreign office, and the son’s papers returned to him. No notice was taken of a subsequent letter from the father asking that another attempt should be made to have the son released.
101. Xavier Ehret. This case was originally brought to the notice of the legation through an instruction from the Department of State of the 5th March, 1883, directing the minister to intervene in Mr. Ehret’s behalf. The facts were as follows: Xavier Ehret was born in Niederbriick, Massmunster, Upper Alsace, 19th December, 1857, emigrated thence to the United States in October, 1874, with the permission of the authorities, before he was 17 years old, was naturalized at Philadelphia on the 7th October, 1879, and had continued to reside in that place. In his absence a fine was levied upon him, and an attachment put upon his paternal estate as security for the same. On presenting these facts to the foreign office, with his citizen paper, on the 5th of April, the case was immediately investigated, and a reply was received on the 23d August that the fine and attachment were removed, which was duly communicated to the Department, and his papers returned to Mr. Ehret, in dispatch 184 of August 27 last.
Cases 102, 103 and 104 unfinished.
105. Carl W. Geiler was born on December 10, 1856, at Leipsic, Saxony, and emigrated on February 27, 1876, to the United States, where he was naturalized on April 21, 1881. On May 19, 1883, a letter dated April 30, accompanied by a communication from his representative in Congress, commending him to the legation, was received from Geiler. In it he communicated the foregoing facts, and expressed the apprehension that he might be troubled by the local authorities upon making a contemplated visit to his native country, as he had understood that a judgment for unallowed emigration had been entered against him in Germany, and requested the intervention of the legation to prevent any trouble that might arise. On the day of the receipt of Geiler’s letter, the legation wrote to him that unless he was actually a deserter from the standing army of Germany he would be protected by the treaty and might safely return, it being very improbable that he would be molested. Copies of the treaty of 22d February, 1868, and of certain German ministerial decrees issued in execution of the same, were also inclosed, in order that he might be able to show them to the German authorities should occasion therefor arise after his return to Germany. On June 18 another letter was received from Geiler, giving further information, inclosing his certificate of naturalization, and asking intervention in his behalf. On the same day [Page 395] the legation acknowledged the receipt of his letter, informing him that it seemed unnecessary to intervene in advance of any attempt to execute the judgment he complained of, which attempt would in all likelihood never he made. That such judgments were entered against all military absentees, as a matter of course, but that there was rarely an attempt made to enforce one against a person protected by the treaty as he was. On the 23d day of June, an instruction of the 6th of that month was received from the Department of State, directing that application for the remission of Geiler’s fine be made, he having in his anxiety appealed to the Department also. On the same day the legation submitted the case to the foreign office, and on the 25th of the month informed Geiler of the fact, he having in the mean time made written inquiry as to the progress made in the case. Shortly thereafter, having arrived in Germany, Geiler called in person at the legation, still displaying much anxiety, which the legation endeavored to dispel, assuring him there could be no doubt of the successful issue of its intervention in his behalf. On the 14th of August following a note was received from the foreign office informing the legation of the remission of Geiler’s fine. This information was conveyed to Geiler, and his certificate of naturalization returned to him the same day. The Department was also at once informed of the result. Nothing has since been heard from Geiler.