[Extract.]
Mr. Bancroft to Mr. Seward.
No. 71.]
Legation of the United
States,
Berlin,
August 25, 1868.
Sir: * * * * * * * *
To-day I inclose to you a circular of the minister of justice of the
5th of July last, with a translation. You will judge of the
beneficent effect of the treaty from the fact that the cases of
those who obtain by it remission of penal sentences against them are
too numerous to be considered one by one. I add, also, the circular
of the minister of the interior of July 6, which proves to you how
fairly this government proceeds in executing the treaty. I commend
it to the attention of the President, as evidence of the strong
desire of the North German Confederation to cultivate with the
United States the most friendly relations. * *
I remain, sir, yours sincerely,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Circulars of the minister of justice and
minister of the interior of the North German Union,
concerning the treaty between the United States and that
government respecting the nationality of emigrants,
concluded on the 22d of
February, 1868.
CIRCULAR OF THE MINISTER OF JUSTICE.
In concluding the treaty of the 22d February of this year
(Bulletin of Laws of the Confederation, p. 228) agreed upon
between the North German Union and the United States of America
respecting the nationality of emigrants, it was the prevailing
intention—.
That, in conformity to the second article of that treaty, the
punishment incurred by punishable emigration is not to be
brought to execution on occasion of a return of the emigrant to
his original country, if the returning emigrant has obtained
naturalization in the other country in conformity to the first
article of said treaty.
[Page 56]
In consideration whereof, in every case where legally valid
condemnations of this kind exist against such persons, an
official report is to be made to the minister of justice
respecting the remission of the declared punishments and costs
by way of grace, and, in order to shorten and simplify the
matter, these recommendations are to be consolidated in a table
if the number of cases is large enough to justify a tabular form
of report.
Berlin,
July 5, 1868.
The minister of justice.
To all royal courts of appeal, to all royal supreme courts,
and to the state attornys general in Kiel, Cassel,
Wiesbaden, and Frankfurt a. m.
Circular of the Minister of the Interior.
In concluding the treaty of the 22d February of this year
(Bulletin of Laws of the Confederation, p. 228) between the
North German Union and the United States of America, it was the
prevailing intention—
That, in conformity to article 2d of this treaty, the punishable
action committed by the unauthorized emigration of a citizen of
the Union to the United States of America should not be made
ground for a penal prosecution upon the return of such person to
his former country after absence of not less than five years,
and that the punishment for such action, even though already
legally declared, should not be consummated if the person has
acquired in America the right of citizenship in conformity to
article 1 of said treaty.
The royal government is therefore instructed, in the cases
indicated, to abstain from recommending trial and punishment,
and in general from every kind of prosecution, whenever the
person in question is able to produce the proof that he has
become a naturalized citizen of the United States of America in
conformity with the first clause of article 1.
The proper judicial authorities will be furnished by the minister
of justice with an instruction, in all cases wherever legal
sentences of this kind exist, to report officially the
remission, by way of grace, of the declared punishments and
costs.
Berlin,
July 6, 1868.
For the minister of the interior,
SULZER.
To all the governments of the monarchy.
I send a copy to your excellency, with the very humble request
that you will at once be pleased to provide the bailiwicks with
the proper notice.
For the minister of the interior,
To the chief president at Hanover, and to the presidency of
the police here, a copy in like manner for their
guidance.
