Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1877

No. 116.
Mr. Davis to Mr. Evarts.

Legation of the United States,
Berlin, June 30, 1877. (Received July 19.)

No. 703.]

Sir: For the better observation of the operation of the naturalization treaties in Germany, I have at the close of each year during my charge of this mission transmitted to the Department a summary of the questions relating to citizenship which have arisen in the correspondence of the legation daring the year. I now make a similar report for the year ending this day. I must, however, beg you to remember that, with few unimportant exceptions, this summary does not include the personal applications which are daily made in numbers at the legation for advice in cases which are frequently quite perplexing.

summary.

1. Alber, John George, November 5, 1876, wrote the legation a statement of his case; said that he “left Germany in order to avoid military duty,” and asked whether he could remain here and be protected. The legation sent him a copy of the usual circular in German and English. On the 8th he telegraphed that he had received no answer to his letter and was “greatly agitated.” The hgation telegraphed that an answer had been sent. Since then nothing has been heard from him.

2. Baab, Andreas Friedrich, emigrated to America, resided there five years, was naturalized, and then resumed his residence in Germany. When he had resided here nearly two years he was notified that be must leave Germany at the expiration of the two years or enter the army. He appealed to the legation, but could give no good reason for its intervention. He then went to the United States. After remaining there a few weeks he reappeared at his fathers home in Germany, and was at once put into the army by the German authorities. He asked the legation to intervene to secure his release, with permission to return to America, on the ground that in what he had done he had obeyed the directions of an old and infirm father, who had now regretted what he had counseled, and wished his son to return to America. The legation did make the desired representations, and the German Government refused the release on the ground that the young man’s statements were not correct.

3. Bachrach, David A., was ordered in 1866 to appear for enlistment. Instead thereof he went to America and was naturalized. Wished to know if he could safely return to Germany. The legation replied that he appeared to have committed a military offense, and it could not answer his question.

4. Bassiet, Philipp: June 26, 1877, the landrath from Thorn transmitted the citizen paper and passport of Bassiet, and inquired whether they were genuine. The legation replied that the passport was genuine, and that it had no doubt of the authenticity of the other paper, but could not certify to it officially. It appeared from the inclosures that it was a question whether Bassiet should be put in the army.

5. Bassne, Philip, October 22, 1876, wished to know if his discharge from the Army of the United States would serve him as a passport. The legation replied that it would not, and sent him the customary form of application. Since then nothing has been heard from him.

6. Benque, Franz W., was born in the United States, of German parents naturalized there as citizens. In 1862 they returned to Germany, bringing the infant child with them. He has since resided here with them. He applies for a passport to be issued January 1, 1878, to enable him to return to America. The legation answers that no passport is necessary for that purpose; but that if, when the time comes, he still desires a passport, and makes application for it, the application will be considered.

7. Bens, John F., was born in Germany in 1820, emigrated in 1847, and was naturalized in 1852. In 1858, while in the United States, he was fined 100 thalers for nonperformance of military duty in 1849. Levy was made in 1875 upon an inheritance coming to him. The legation intervened for him at the foreign office, and secured the release of his property.

8. Bettmann, Otto, wrote to the legation November 25, 1876, that he objected to the two years’ residence provision of the treaties, and he wished to know whether, should he leave Germany for a short time and then return, they would be defeated. The legation in reply sent him the customary circular.

9. Bischoff, Henry, inquired, October 2, 1876, as to the status of a German naturalized in the United States, who goes into business in Germany and remains here over two years. The usual circular was sent him.

10. Blesch, John Charles, the son of German parents, naturalized in the United States; was born in New York in 1851 his father died in New York in 1854 he returned to Germany with his mother in 1859, and resided with her here during his minority. His mother made application for a passport for him, and subsequently he applied himself. It appears from a voluminous correspondence that neither his mother nor he has at any time had the intention of returning to America. On the authority of the Stein-kauler case the passport was refused.

11. Borrenkott, Aloys F. H.: His brother, Heinrich, transmitted Aloys’ certificate of naturalization, and stated that proceedings had been taken against him for emigration without permission, after enrollment, and asked the legation to intervene, in order to enable the brother to return to Germany. The legation answered that until steps should be taken to enforce the judgment, there was no ground for its intervention.

12. Böttger, John: The usual case of a fine for non-performance of military duty, imposed upon a German during his absence in the United States. After some correspondence it came out that no proceedings had been taken to enforce the fine. The legation sent copies of the treaties and requested Mr. Böttger to communicate with it further should it be necessary.

13. Breslauer, Julius, inquired personally as to going into business in his own name in Germany. Was asked if he intended to return to the United States, and answered, “I guess not.” The circumstances of his naturalization, as detailed by him, his general appearance, and his answers to the questions put to him, led to the conclusion that it was best to give him no advice.

14. Cahn, Jacob, was naturalized in the United States and returned here in May, 1875. The authorities notified him that if he did not’ go back to America within the two years he would be put in the army. The legation sent him a copy of the usual circular.

15. Croner, Jacob, emigrated to the United States when fourteen years old; resided there twelve years, and was naturalized there; wished to know whether he could go into business in his native country and continue to reside here; was uncertain whether he should go back to the United States. The legation referred him to the treaty and gave him a copy of the usual circular.

16. Eberle, Julius, had been naturalized in America. June 26, 1877, he wrote the legation that he had resided in Germany two years and wished permission to stay a year longer. The legation sent the usual circular in reply.

17. Essen, Arnold C., April 26, 1876, applied in person for a passport; made oath that he was born at East New York, and proved his identity by an American known to the legation. A passport was issued. Subsequently, while traveling on a German railway, he used, in the presence of the police, expressions which caused his arrest on a charge of slandering a member of the royal family. He was convicted and took an appeal. Pending the appeal, he asked, through the consul at Bremen, that the legation would intervene for him. Answer was made that while the case was pending judicially in the courts the legation could not intervene; but, should judgment go against him, it appeared on the statement to be a proper case for the legation to ask the royal clemency in his behalf. The judgment below being confirmed, Mr. Essen sent a sworn statement to the legation, in which io appeared that he was born in Germany, and went to the United States when he was thirteen years of age. The legation declined to intervene, and demanded the return of the passport, which had been issued on an affidavit that turned out to be false. The passport was surrendered.

18. Ficken, _____: The consul at Bremen informed the legation that the father of young Ficken had formerly been in business in America, and had been naturalized there, but many years ago had returned to Bremen, and had purchased an estate in its neighborhood, and resided there until his death, with all his family (including young Ficken, who was born in the United States), making occasional trips to America, so that he had not, at any one time, been two years in Germany without going to America. The father had left a considerable estate, and the son was deterred from qualifying as executor by fear that he would be subjected to military duty. The consul asked the advice of the legation. The legation declined to give advice, and counseled the consul to do the same, since, should a question hereafter be raised about the status of young Ficken, it might become necessary to pass upon the case officially.

19. Finkenstein, Julius: The usual case of emigration and naturalization, fine for nonperformance of military duty during absence in America, and attempt to collect the fine on return to Germany. The legation intervened with the foreign office and the fine was remitted.

20. Flotow, Philip, August 6, 1876, wrote the legation that he had been naturalized in America, and had been fined 50 thalers for non-performance of military duty. The legation sent him the usual blanks for stating his case, since which nothing has been heard from him.

21. Friedlander, M., March 28, 1877: had been naturalized in the United States. Wished to know if he could safely remain in Germany. Sent him the usual circular.

22. Getzkow, Gustav, in November, 1876, informed the legation that he emigrated after performance of military duty here, and was naturalized in America. He had been fined for unauthorized emigration. By return mail the legation sent the usual blank forms, since which nothing has been heard of the case.

23. Groenninger, Leopold, November 14, 1876, wrote the legation that he had been naturalized in America, and that during his absence a fine of 300 marks for non-fulfillment of military duty had been collected out of his property. The legation answered that if he were an American citizen at the time of collection of the money it would be refunded, and sent him the usual blanks for the preparation of a statement. Since then nothing has been heard of the case.

24. Heidt, Joseph, a native of Hanover, emigrated to the United States when seventeen years of age, resided there five years, was naturalized, returned to his old homestead, and in a few mouths was ordered to report for military duty or leave Germany within eight days. The legation interposed at the foreign office, and on the first of June was informed that the measures taken for Heidt’s enrollment had been desisted from, and those for his expulsion withdrawn.

25. Herz, Julius, April 17, 1877, informed the legation that he had been fined 150 marks, and if found tit for service would be enrolled, and Was told that he must leave Germany if he did not wish to relinquish his American citizenship. He said his Health did not permit him to do so. The legation replied that his statements were too vague, and sent him the customary circulars and blanks.

26. Hirsch, Marcus, applied for a passport, and sent as part evidence of his citizenship an old passport which had expired by its own limitation. Being a naturalized Citizen residing in his native country, he was asked whether he intended to return to the United States, and declined to say. The case being referred to the Department, the legation was instructed not to issue a passport, and to retain the old passport, but to return the citizen paper.

27. Isaacs, Z. S., June 12, 1877, said that he desired to go into business in Germany, and wished to know if he could do so. The legation replied that it was not authorized to pass upon such questions, and that he had better consult a local lawyer.

28. Jacobson, Diedrich, stated under oath at the legation that he was a native of Germany; that he arrived in the United States by the steamer Minnesota between the 5th and 12th of December, 1871; that he was naturalized October 3,1876, and that he returned to Germany November 3,1876. He now resides in Germany and has no purpose of going back to the United States. The legation took charge of his certificate and passport and reported the case to the Department. The course of the legation was approved.

29. Johns, Otto: In August and September, 1876, a correspondence took place with the consul at Mannheim, from which it appeared that Mr. Johns was born in Germany, went to the United States, became naturalized there, and returned to Germany eighteen years ago, bringing with him his two minor sons born in the United States, and that he had no intention of ever returning to the United States. He wished to know whether his sons were liable to military service, and whether such service would affect their nationality. In June of the present year he made application for a passport, stating that he left America thirteen years ago, and that he intends to return to America in six years. The legation reported the case for instructions.

30. Joung, John, January 8, 1877, informed the legation that he had lost his citizen paper, and was threatened with early imprisonment if he did not produce it. The legation immediately asked the foreign office to suspend proceedings against him until he could procure duplicates from America. On the 12th Of January he informed the legation that he had received the duplicates, and apologized for his trouble.

31. Kahrmann, Ludwig, September 23, 1876, asked the status of naturalized Americans returned to Germany. By return mail the legation sent him a copy of the treaty. On the 10th of October, and again on the 14th, he was at the legation in person, and said that he was threatened with imprisonment for evasion of military duty. He received copies of the necessary papers to enable him to conduct his own case without resort to political intervention. It is presumed that he was successful.

32. Kauter, Barthold, October 27, 1876, inquired personally as to his rights and duties as a naturalized American citizen. He received in reply a copy of the usual circular.

33. Rasper, E. O., June 15, 1877, made similar inquiries to those made by Mr. Kauter, and was answered in the same way.

34. Kaufmann, Adolf, April 12, 1877, informed the legation that he and his brother had been naturalized in America, and wished to know whether they could remain here permanently without being put into the army at the end of two years. The legation sent him the usual circular.

35. Kloss, E. F., a native of Prussia; emigrated to the United States, arriving there November 11,1870; was naturalized November 1, 1875, after a residence of less than five years. Returning to Prussia in 1876, he was fined for emigration without permission, and, after paying the fine, sought the intervention of the legation. Under the circumstances, the legation declined to intervene, retained the evidence of citizenship, and reported the ease to the Department. Its action was approved.

36. Koerner, F. W., October 30,1876, wrote the legation from America, asking whether a naturalized citizen could return to Germany. The legation sent a copy of the treaty.

37. Koch, Albert, June 21,1877, wrote the legation, stating that his father, a native of Luxemburg, naturalized in the United States, had settled in Germany six years ago, bringing with him the writer, a native of the United States. The writer was twenty-two years of age, and desired to go into business in Germany, but feared that he would be summoned to do military duty. The legation replied that until he should be summoned no case would arise for its action. In case of being summoned, he should notify the legation at once.

38. Kriegel, Gustav, born in Prussia; emigrated to the United States in 1870, when fifteen and a half years old; returned to Prussia in 1874; re-emigrated the same year, with a German passport authorizing him to go abroad temporarily, subject to a liability to return to perform military duty; was naturalized October 19, 1876; at once came back to Germany, and was ordered to be enrolled. It appeared that the authorities maintained that he had never resided five years uninterruptedly in the United States, as required by the treaty. The case was referred to the Department, and the legation was instructed to take no steps in it.

39. Kroemer, Mrs. C. W., and her husband were natives of Würtemberg. They were married in the United States, and their children were all born there. The husband died there, and the widow resumed her residence in her native country, with her minor children, in 1865. She preserved no domicile in America, and paid no taxes there, although she had property and paid taxes in Würtemberg. She applied, through the consul at Stuttgart, for a passport for herself and children. She said to the consul that she should at some time return to America for the benefit of her children. The consul expressed the opinion that she did not intend to return to America, and that the application was made because the military authorities contemplated putting her son in the army. The legation declined to issue the passport, and said that should proceedings be taken against the young man the case could be reported to the legation.

40. Kuhnt, Gottlieb, had been naturalized in the United States, and had now resided in Germany two years. He wished a new passport to enable him to reside here two more. The application was informal and nothing was done about it.

41. Jean, _____: Her son was in America, where he had declared his intention to become a citizen of the United States. In his absence he had been fined for non-performance of military duty. She asked the intervention of the legation. Answer was made that nothing could be done, as her son was not an American citizen.

42. Lang, Henry Albert: His father was in America and was said to have been naturalized. The son applied for a passport, but presented no evidence of the father’s naturalization, or of his own residence at any time in America. The passport was refused.

43. Lelmann, E., said that he was a naturalized citizen of the United States who had lived there fourteen years, and was now domiciled in Germany. Wished to know about his rights. After some correspondence the legation was able to advise him not to borrow trouble, but should it come, to apply to the legation.

44. Levenson, Louis, Prussian by birth, was naturalized in America in 1855, had returned to Prussia and resumed his old nationality by formal act. His son, born in America, was approaching military age. He wished advice. The legation declined to give it.

45. Levinsohn, Charles, represented that he emigrated to America in April, 1870, and was naturalized in May, 1875. He wished to surrender a Department passport and obtain a legation one in lieu of it. He said he did riot intend to return to the United States. The legation, therefore, declined to issue a passport. Some suspicious circumstances induced an inquiry into the time of his emigration. It turned out that he left Germany in June, 1870, and that his alleged naturalization was fraudulent. The legation, therefore, secured the surrender of his Department passport and also of his certificate of naturalization.

46. Lichtenfels, Karl F. and Wilhelm, jr.: Their father emigrated many years ago to the United States, and was naturalized there. The sons were both born there. In 1856 the father returned with his sons to his native land, and they have since continuously resided there together. About two years since a passport was issued to Wilhelm, in ignorance of these facts. They were disclosed on Karl’s application for a passport. The legation refused a passport to Karl and secured the return of Wilhelm’s passport, and informed the young men that should military service be claimed from them, and should they desire to return to the United States, they must give notice of it.

47. Lien, B., applied informally for a passport, in order to sojourn with his parents without reverting to Prussian nationality. The legation informed him of the treaty, and how to apply for a passport. Nothing has since been heard from him.

48. Lind, George, appeared before the consul at Sonneberg, and told him that he was born in April, 1849, that he went to the United States in 1868, and was naturalized in Boston in 1875. He wanted a passport. Subsequently it appeared that he did not emigrate till 1872, that he resided in the United States only three years before naturalization, and that he was fraudulently naturalized for the purpose of voting. The passport was refused, and the facts were reported to the Department.

49. Losch, Charles F.: The minor son of a deceased German said to have been naturalized in America. The young man’s guardian inquired about the liability to do military duty, and was told that should a case arise it would be taken into consideration.

50. Lux, Alphonso, April 23, 1877, inquired by letter as to what rights he, having been naturalized in America, had in Alsace. The answer of the legation called for his citizen-paper and more detailed statements respecting his emigration and return, to which no response has been made.

51. Mallon, Ernst, April 2, 1877, wrote that he had been naturalized in America, that he had returned here on a visit and wished to remain two years, but had been ordered before the military authorities. He asked protection. Copies of the usual circular and papers were sent to him. Nothing further having been heard from him, it is supposed that he has secured his exemption.

52. Mammelsdorf, Edward, emigrated to America in 1867; resided there five and a half years; was naturalized; resumed his residence in his native country in 1872, and has since resided there. In August, 1875, he received a passport from the legation. In April, 1877, he applied for a new passport, on the ground that he had lost the old one. The legation decided that the facts tended to raise a presumption that Mammelsdorf sought naturalization in order to avoid military duty here, but that it would not consider the application until the expiration of two years from the issue of the old passport. The decision was reported to the Department, and sustained.

53. Mayer, Henry, applied as a naturalized citizen for a passport. Being required to produce a certificate of naturalization, the application was withdrawn.

54. Mély, Auguste, born at Lutzelbourg, in Lorraine, in 1836; went to the United States in 1852; was naturalized in 1858; returned to Lutzelbourg in 1861, bringing with him his young son born in the United States, and has since resided there continuously with him. In the course of the German-Franco war his property suffered some damage, for which compensation was awarded and paid him. Subsequently he was compelled to refund the amount awarded for damages sustained by his personal property. This was done because he set up American citizenship against a claim to the military services of his son, and it was alleged that the United States in similar cases did not make restitution. In the early part of the present year Mr. Mély wrote the legation that the German authorities sought to compel his son to perform military duty on the ground that the long residence of the father in his native place had worked a renunciation of his naturalization, and he asked the intervention of the legation. The case was reported to the Department and the legation was instructed to do nothing.

55. Mendelsohn, Leopold, September 21, 1876, called in person to inquire about the status in Germany of a native-born German naturalized in the United States. Gave the usual circular.

56. Mertens, George, wrote from America that he had been naturalized, and wished to visit his family, and wanted to know what his status would be in Germany. He was advised to apply to the Department for a copy of the treaty.

57. Meyer, Hans, October 20, 1876, wrote that he had been naturalized in the United States, and asked if he could safely visit Germany. Sent him the usual circular.

58. Mitzsche, Curt E., October 10, 1876. Similar inquiries to the last case, the legation sent a copy of the treaty in reply.

59. Müller, Robert: The usual case of emigration, naturalization, return to Germany, attempt to collect a fine for non-performance of military duty, intervention of the legation at the foreign office, and remission of the fine.

60. Musing, Frederick, March 2, 1877, inquired as to status in Germany of the children of naturalized Americans of German origin, and desired to have the birth of his children registered in the legation. The usual circular was sent to him, and he was told that the law makes no provision for registering births of children of Americans born in Germany.

61. Neumann, F.: His son went to America in 1872, and will wish to return after he is naturalized. He wishes to know what rights his son will have under the treaty. The legation answered that as he and his son were both Germans, the inquiry should be addressed to the German authorities.

62. Obermayer, Benjamin, a native of Bavaria, naturalized in, the United States, and for some time past has been residing in Bavaria. He applied for a passport, and on being asked it he intended to return to the United States, refused to answer the question. The passport was refused and the case reported.

63. Oldsen, John D.: The usual case of emigration, naturalization, return to Germany, and the attempt to enforce a fine for the non-performance of military duty. The legation interposed at the foreign office, and the fine and costs were remitted.

64. Oppenheimer, Zacharias, wrote several letters to the legation giving it to understand that he had been naturalized in the United States and had resumed his residence in Germany with a purpose of remaining here. He inquired each time which of the naturalization treaties applied to his case. The legation each time answered that it could not consider his case in advance of hostile action by the German authorities; and was at last obliged to decline further correspondence till cause for official action should arise.

65. Peter, Frederick, December 1, 1876, asked as to his liability to military duty, and was told that the legation would consider the case when steps should be taken to compel him to perform it.

66. Salamon, Louis, January 13, 1877, inquired as to the provisions of the treaty. The legation sent him the usual circular.

67. Salamonzke, Walde, January 16, 1877, called in person and exhibited a certificate of naturalization dated October 9, 1868, and a passport from the Department of State, issued in 1875, and applied for a new passport. His application being made out and sworn to in the usual form, it appeared that he had not resided five years in the United States at the time of his naturalization. On being further questioned on this point, he admitted such to be the case. The legation, therefore, retained his papers, and reported the case to the Department.

68. Scherler, Oscar, September 16, 1876, called in person; said that he had been required to report in Berlin for military duty; exhibited his certificate of naturalization. The legation gave a copy of the treaty, and advised him what to do. The next day he called and said that he had followed the directions of the legation and had been discharged.

69. Schmidt, Philip Heinrich, a native of Hesse; emigrated, was naturalized under the name of Henry Schmidt, and returned and took up his residence in Hesse. He applied for a passport. The consular officer at Mayence was of the opinion that the applicant did not intend to return to the United States. The legation declined to issue the passport and reported the case.

70. Schuelten, C. J. W.: His mother inquired as to the son’s nationality, the father having been a naturalized citizen of the United States, who died in Germany. The legation answered that it could give no certificate of nationality other than a passport, and that when the question should arise it would be duly considered.

71. Schulz, Hermann, applied through the consular agency at Breslau for a passport. It appearing that he was a native of Germany, who had been naturalized in the United States, and had resumed his residence in his native country, the legation inquired as to his purpose to return to the United States. No answer has been received.

72. Schwerdtfeger, Karl, March 6, 1877, inquired whether his brother who had emigrated to America when twenty-one years of age with a false passport after having been entered for the reserve service, and who had been naturalized in America, could safely return to Germany, and whether he must pay a fine for which an attachment had been laid. The legation did not think itself competent to answer these questions.

73. Sickel, Joseph, inquired respecting the rights of Americans of German birth returning to Germany. Sent him a copy of the treaty.

74. Scola, John, a native of Hesse, born in 1850, obtained a discharge from rationality and emigrated in his seventeenth year; was naturalized November 14, 1873; at once returned and resumed his residence in Hesse; August 22, 1876, was ordered to return to the United States or report for military duty. He invoked the intervention of the legation, which was refused, there being no good reason forsaking his case out of the operation of the treaty.

75. Stahl, John, a native of Prussia. His case in every respect is similar to the last one, and the same course was pursued by the legation.

76. Stahlmann, Philip: He complained shortly after his return to Germany that his certificate of naturalization had been taken from him by the authorities and he had been ordered to report for duty. The legation presented the ea e to the foreign office May 9, 1877, and on the 22d it wa3 informed that after Stahlmann had proved the acquisition of American citizenship, and a residence of five years in the United States, he was at once dispensed from appearing for enrollment and his papers were returned.

77. Stock, Anton, complained that a fine had been imposed upon him for non-performance of military duty. The legation asked for evidence of citizenship and a detailed statement, and inclosed a blank for the latter purpose. Nothing more heard from him.

78. Theodor, Ernst, January 12, 1877, appeared at the legation, exhibited his certificate of naturalization, and said he had recently returned to Germany and desired to go into business here, and wished to know how long he could remain without molestation. Before emigrating he had been twice summoned for duty and put back. He was uncertain when he should return to America, or whether he should return at all. A copy of the treaty was given to him, and he was told that should he be interfered with he must address the legation and his case would then be considered.

79. Tiefenthal, Salamon, inquired by letter as to the status of a German naturalized in America and returning here to reside. Sent him the usual circular.

80. Unknown: The consular agent at Düsseldorf reported the following case: A German artist residing at Düsseldorf is seeking to become a naturalized citizen of the United States with a view to pass his paintings free of duty, and for this purpose has visited the United States several times, always returning to his domicile in Germany. The consul was informed that he had succeeded in obtaining a passport, and asked whether he should certify his paintings as the work of an American artist. He was advised to report the case to the Department for instructions.

81. Villinger, Gottlieb, arrived in the lower bay of New York on the evening of the 2d September, 1869; landed on the morning of the 3d; was naturalized September 2, 1874; returned to Germany September 4, 1874; went into business in his native country, and is still so employed there. He applied for a passport through the consulate at Stuttgard. The consul said he thought Villinger did not intend to go back to the United States. The passport was refused, and, on appeal, the decision was sustained.

82. Wallner, Alexander: Born in St. Petersburg of German parents; served as a one-year’s volunteer during the war with France; emigrated in 1871 and was naturalized; resided in the United States five years and six days; returning to Germany was summoned before the military authorities. He came in person to the legation and was advised what course to pursue. Since then, nothing having been heard from him, it is supposed the case has been settled.

83. Weiler, John, wrote that he had been naturalized in America, and had resided over two years in Germany. He wished to know if he must pay taxes and have soldiers quartered on him, and if he could vote in Germany. The legation replied that it could not answer his questions, but that if he were a citizen of the United States he would have a right to vote on being domiciled in America.

84. Will, Philip: January 24, 1877, his brother wrote that an attachment had been put on Philip’s property in Germany to satisfy a fine for non-performance of military duty, and that Philip was in America and had become an American citizen. The legation advised that proof of Philip’s naturalization should be taken in America and transmitted through the Department of State. This was done, and the legation, under instructions, addressed the foreign office respecting the case.

85. Wolff, Bernard, inquired from America as to his right to return to Bavaria, and whether the King would pardon him for a military offense. The legation sent him a copy of the treaty, and said that it could not say whether the King would pardon him.

86. Zengler, Philip, December 13, 1876, inquired whether the treaties affected the status of a deserter from the army. The usual circular was sent to him, and he was informed that the treaty was not supposed to be applicable to deserters, but that, should an overt act be committed against him, he could report his case for the consideration of the legation.

The foregoing summary shows that during the year eleven applications for passports have been refused on the ground of want of proof of citizenship. During the same period one hundred and forty-two passports have been issued, of which one hundred and two were granted to native-born citizens and forty to naturalized citizens, Fifteen of the forty were accompanied by their wives, and thirteen of them were also accompanied by minor children. There were thirty-seven minor children in all, of whom twenty-six were born in America and eleven in Germany. Of the naturalized citizens six had resided in the, United States between five and six years, six had resided there between six and seven years, two had resided there between seven and eight years, two had resided there between eight and nine years, three had resided there between nine and ten years, and twenty-one had resided there more than ten years.

Since their return to Germany thirteen had resided here less than one year, three had resided here more than one and less than two years, eight had resided here more than two and less than three years, lour had resided here more than three and less than four years, three had resided here more than four and less than five years, seven had resided here more than five years and less than ten years, and two had resided here more than ten years.

I have, &c.,

J. C. BANCROFT DAVIS.

[Inclosure.—Translation.]

Circular with information for returned emigrants.

Legation of the United States of America,
Berlin, _____, 187–.

To ________ _______,
_____ ______.

The naturalization treaties between the United States and the German states contain provisions that if a German naturalized in America renews his residence in his native country, without the intent to return to America, he shall be held to have renounced his naturalization in the United States; and that the intent not to return may be held to exist when the person so naturalized resides more than two years in Germany.

But, while it is the general rule that if the fixed intent not to return to America exists, the American naturalization of a German who takes up his residence in Germany is thereby renounced, each particular case is decided on its own merits, and according to its own facts, and cannot be determined in advance of its actual occurrence. The legation of the United States does not regard a continued residence in Germany for more than two years after naturalization as necessarily showing an intent not to return to the United States But the German Government has, in some instances which have come to the knowledge of the legation, notified returned emigrants to leave Germany at the expiration of the two years, and has asserted the right, should they remain after that time, to regard them as having renounced their naturalization. If, therefore, Mr. _____ _______ desires to know the view which the German Government will take of the case submitted in his letter, he must apply to its officers. This legation will pass upon the case, should it become necessary to do so in consequence of hostile action on the part of the German authorities.