No. 244.
Mr. Bancroft to Mr. Fish.
American
Legation,
Berlin,
October 6, 1873. (Received October 30.)
No. 527.]
Sir: While perfect freedom remains to all Germans
that wish to emigrate to the United States, the governments of the several
states are becoming impatient at the presence within their limits of agents
of emigration, and in two or three instances such agents have been summarily
directed to quit the state in which they prosecuted their business. Perhaps
not every one of the agents has conducted himself discreetly, and, as far as
I have been able to observe, they have brought to the United States no
increase of desirable emigration. In some cases the agent is a naturalized
German-American citizen again established in Germany, apparently without an
intention to return to the United States, and, therefore, feeling no kind of
responsibility to our Government. Of the motives to emigration, the most
influential is the low price paid in Germany for agricultural labor, which
has led many of the country people to flock to the towns and cities and many
to cross the Atlantic.
I have thought it incumbent on me to do what I could to restrain the
arbitrary procedures of the local governments, and the only measure I could
adopt is to ask that in every instance of expulsion there be notice given,
with assignment of the reasons.
The books of Heffter and Bluntschli both authorize, and even recommend, this
procedure, but both maintain the right of expulsion.
In two cases emigration agents have appealed to the legation. In one case it
had been proved that the emigration agent had assisted afraudulent bankrupt
in escaping to America. The agent, in his conver sation with me, did not so
much deny the fact as insist on his own in nocence, founded on his ignorance
and good intention.
A second case is that of a commissioner of immigration from the State of
Michigan, of whose personal character I have received the best accounts. I
have, therefore, selected his case for a more formal statement to the
government, of which I inclose a copy.
[Page 430]
The beneficial results which I expect from this course are two: To increase
the disinclination of the government to the use of this measure, and to
obtain a clearer definition of the rights and duties of emigrant agents, so
that in the pursuit of their business they may know how to avoid all
violations of law.
Besides the above two cases of professional emigrant agents, three
naturalized Americans of the neighborhood of Saarburg, in the district of
Treves, have been recently sent over the frontier for alleged enticement of
laborers to go to America. I brought the case to the attention of the
Prussian government, which made its explanations, without reversing its
decree.
* * * * * * *
I remain, &c.,
[Inclosure.]
Mr. Bancroft to Mr.
Von Balan.
American Legation,
Berlin, October 1,
1873.
Mr. Secretary: In conformity with the
suggestion of your excellency, that I should make a written
communication on the subject of our yesterday’s conversation respecting
the recent expulsion of American citizens from the German Empire without
trial by law or conviction of any offense, I do myself the honor to
present some suggestions for your consideration.
There are two grounds on which the United States may claim the right to
make representations on the subject.
I. As a question of international law, it is very clearly laid down by
the highest German authorities that the government of which a citizen is
thus expelled has a right to expect information of an expulsion and of
the reason for it. Heffter, in his Europäisches
Völkerrecht, § 33, vo., p. 64, lays down this rule:
“Kein Staat kann die gehorig legitimirten Unterthanen eines anderen
hefreundeten Staates zuruckweisen, oder, nachdem sie einmal von ihm
aufgenommen sind, wieder ausweisen ohne bestimmte ihrer Regierung
mitzutheilenden Ursachen.”
II. Another ground exists in the treaty of May 1, 1828, between the King
of Prussia and the American Republic, by the terms of which, as
distinctly expressed in Article I, American citizens are at liberty to
sojourn and reside in all parts whatsoever of Prussia, and shall enjoy
the same security and protection as natives of the country, on condition
of their submitting to the laws and ordinances there prevailing.
There is another point of view which I desire to bring to your
excellency’s attention. The Government of the United States, equally
with the German government, desires its citizens residing in a foreign
country to conform scrupulously to the laws of the land. But when a new
interpretation is put upon existing laws, or a different practice under
them is suddenly followed, it is obviously desirable to give warning of
the change in advance, in order to obviate its infringement.
The special case to which I now beg leave to direct the attention of your
excellency is that of Mr. Allardt, now resident in Leipsic. He has
published a pamphlet and an occasional newspaper on the subject of the
State of Michigan. I inclose the pamphlet and specimens of those papers
for your exact information, and I cannot but agree with the observation
of your excellency, that the simple publication of information is not an
offense or a breach of German law. So far as I know, it is not charged
against Mr. Allardt that he has ever attempted to persuade any person to
emigrate to America.
I beg leave further to add, that, as far as Mr. Allardt is known to this
legation, he is held to be a man of truth and honor, and every way
worthy of esteem. Yet he has been expelled and a respite of but one week
allowed him for his preparations.
I inclose the papers in his case, with the request, first, that a delay
may be granted him until the question of his expulsion may receive
further consideration; and, next, I would ask permission for him to
continue to reside in the German Empire, obeying its laws, which, so far
as he is informed, he has not violated.
I gladly avail myself of the occasion to renew to your excellency the
assurance of my most distinguished consideration.
P. S. Dr. Bluntschli, in section 384, of the second edition of his
“Modernes Völkerrecht,” fully confirms
the opinion of Heffter.
