No. 150.
Mr. Taylor
to Mr. Evarts.
Legation of
the United States,
Berlin, June 15, 1878.
(Received July 3.)
No. 20.]Sir: Although, in accordance with the previous
custom of this legation, I do not consider it necessary to make a
circumstantial return of all cases of contested citizenship which occur,
there are occasional exceptions which seem especially to call for the
consideration of the Department of State. I beg leave at present to ask your
attention to one
[Page 217]
which involves a
new claim on the part of a minor German state, and, having apparently
received the sanction of the imperial government, may practically annul
treaty obligations, so far as that state is concerned. The inclosures
accompanying this dispatch will present the necessary substance of the case;
and, in order to avoid a surplus of detail, I will briefly recapitulate the
main facts, holding all the minor documents at the disposal of the
Department, if it should desire them to be forwarded.
Carl Ganzenmüller, of Sinsheim, Baden, born in 1851, emigrated to the United
States with the permission of the local authorities in 1869; became a
naturalized citizen on the 12th July, 1875; left for Germany July 17, 1875,
furnished with his certificate of naturalization, and has resided at his
former home since August, 1875, ostensibly to take care of his aged and
decrepit father. On the 11th of April last, he was ordered to leave Baden or
become a citizen of the Grand Duchy, subject to military duty. The reasons
given by the local authorities of Sinsheim for this order of expulsion was
that his exemption from such duty, on account of his American citizenship,
was a bad example to other young men, who might be tempted to imitate it.
The said Ganzenmüller, it is true, had exceeded the two years of residence
allowed by article 4 of the treaty of 22d February, 1868, between the United
States and the North German Union; but this article is not included in the
separate treaty between the United States and the Grand Duchy of Baden, nor
was it officially adduced as a reason for the order of expulsion. The case
was presented to the foreign office by Mr. H. Sidney Everett, chargé
d’affaires of the United States, on the 30th April (inclosure 1), not
because the limit of two years’ residence is not stipulated in the treaty
with Baden (since a single clause applicable to all German states would be
much more desirable), but especially because he was unwilling to accept,
without protest, the claim of the Baden authorities to make a state law,
enacted subsequently to the treaty, paramount to the international law
embodied in the treaty itself.
Since then the said Ganzenmüller has appealed to this legation for special
measures of protection, which (except such as might procure a stay of
proceedings) could not properly be demanded while his case was under
consideration by the imperial government. In order, however, that nothing
might be left undone to prevent flagrant injustice, I directed Mr. Edward M.
Smith, United States consul at Mannheim, to visit Sinsheim and ascertain
personally the facts of the case. This, as will be seen from his letter
(inclosure 2), was promptly done. His answer reached me on the 13th instant,
and simultaneously with it the reply of the minister of foreign affairs
(inclosures 3 and 4) to Mr. Everett’s note of April 30.
If the government of the Grand Duchy of Baden had accepted and officially
signified its acceptance of article 4 of the treaty of 22d February, 1868,
between the United States and the North German Union—thus recognizing the
Government of the German Empire as political heir to the agreements made by
foreign nations with the former government—the limitation of two years’
residence might preclude this legation from taking further steps in the
case; but, so far from having done so, the sole justification presented (and
apparently accepted by the Imperial Government of the German Empire, vide inclosure 4) is based upon article 4 of the laws
of sojourn (Aufenthaltsgesetz) of the Grand Duchy of
Baden, enacted 5th May, 1870, nearly two years subsequent to the treaty. The
article runs thus: “The grand ducal ministry of the interior may at any time
decree the expulsion of such foreigners as endanger the external or internal
safety of the state.”
[Page 218]
The fact that this article is intended to apply to naturalized American
citizens who may return temporarily to Baden, without regard to the term of
their residence there, is singularly proven by the circumstance that the
same local authorities at Sinsheim, in Baden, have just ordered the
expulsion of Gustav Weil, a naturalized American residing in Alabama, only
four weeks after his return for a brief visit to his native place. My reply
to the communication of the minister of foreign affairs (inclosure 5)
presents the new element which the government of the Grand Duchy of Baden
has introduced into questions of this kind, together with an illustration of
the abuses which it may cover, furnished by the case of the said Gustav
Weil.
The direct inference from the ground taken by the German Government is that
American citizenship is in itself dangerous; and, if the plea were admitted,
it might be made the occasion for the arbitrary expulsion of all German
Americans of a certain age who may desire to revisit their former homes. I
cannot, therefore, allow it to be even inferentially assumed by the
government that the reason given for the expulsion of Carl Ganzenmüller in
its memorial is accepted as satisfactory; and hence I have felt it my duty
to declare, without delay, the different view taken by this legation.
I beg leave to ask most earnestly and respectfully for a consideration of the
principle involved, and a decision which will enable me to express
authoritatively the judgment of the Government of the United States.
Inasmuch as cases of a similar nature are multiplying with such rapidity as
to tax the ability of the force of the legation to give them whole and
fitting attention, it is particularly desirable to come to a clear
understanding with the German Government in regard to the principles upon
which they may be settled.
I have, &c.,
[Inclosure 1 in No. 20.]
Mr. Everett to Mr.
von Büllow.
Legation of the United States,
Berlin, April 30,
1878.
Sir: The undersigned, chargé d’affaires ad interim of the United States of America, has
the honor to call the attention of his excellency Mr. von Büllow,
imperial secretary of state for foreign affairs, to the case of Mr.
Charles Ganzenmüller, a naturalized American citizen temporarily
resident in Sinsheim, Grand Duchy of Baden, as will be seen by the
inclosed papers, the ultimate return of which is respectfully requested.
The Baden authorities at Carlsruhe have, under date of April 11, ordered
the departure of Mr. Ganzenmüller in fourteen days, under the provisions
of a local law expelling persons who are dangerous to the safety of the
state. The attestation of the police, likewise inclosed, would seem to
show that this was not the case in regard to Mr. Ganzenmüller; but the
Baden authorities have assigned as a reason for expelling him that his
example in going to America, becoming naturalized and returning so soon
to Baden with the intent to remain, is a pernicious example to other
young men.
The great age and helplessness of Mr. Ganzenmüller’s parents would seem
to be a sufficient reason for his filial desire to remain, but the
official assertion that he intends to remain permanently is disproved by
his statement that he intends to return in two years to the United
States, while not admitting the right of the authorities to question his
peaceful residence in Baden.
The undersigned, while unable to understand the reason that Mr.
Ganzenmüller’s case was so suddenly selected as an illustration of so
extraordinary a principle, which, as far as the legation is aware, has
never been used before toward American citizens, would respectfully
request his excellency Mr. von Bülow, in view of the shortness of the
warning, which has apparently already expired, to cause the case to have
as careful and speedy an investigation as it would seem to require.
[Page 219]
The undersigned avails himself of this occasion to renew to his
excellency, Mr. von. Bülow, the assurance of his distinguished
consideration.
His Excellency Mr. von Bülow, &c., &c., &c.
[Inclosure 2 in No. 20.]
Mr. Smith to Mr.
Taylor.
Consulate of the United States,
Mannheim, June 11,
1878.
Sir: In pursuance of the request contained in
your letter of the 7th, I proceeded to Sinsheim. Owing to the occasion
of the Whitsun holidays I could not see the Bezirksamtmann until last
night. In the case of Mr. Charles Ganzenmüller, it appears that he has
remained in Germany without giving notice to the government for the
period of six months longer than the two years permitted under the
treaty of 1868, and that the authorities of Baden insist that he shall
either serve in the army or return to the United States.
The authorities are very much annoyed by complaints, made by Germans who
remain at home and serve as required in the army, with reference to
Germans who go to the United States and become citizens and then return
to Germany and live for a longer time than two years. Consequently they
require a strict conformance with the treaty whenever complaint is made
to them by the local authorities.
In this case complaint was made. Mr. Ganzenmüller, when called upon by
the authorities at the end of two years and six months, went to
Bruschal, where he was examined and pronounced fit for military duty. He
then appealed to the authorities at Baden and Berlin, and was informed
from both places that he must serve or leave the country. Thus, much
attention has been called to his case, so that the Bezirksamtmann is
powerless and can only act under instructions from Baden. If you desire
it and will telegraph me to do so, I will go to Carlsruhe and endeavor
to get his time of residence extended. I have advised him to make a
written application to the minister of the interior at Carlsruhe,
stating his reason for wishing to stay longer in Germany and promising
to return to the United States November 1. It may be that his request
will be granted, as the authorities of Baden are not inclined to be
overstringent.
The case of Gustav Weil is different, he has now made a sworn statement
that he does not intend to remain permanently in Germany, and that he
will return to the United States September 1st, and sent it to Baden.
Time will be given him to have a reply from the minister previous to the
termination of his notice to leave the country.
Had he on his arrival deposited his passport or citizen papers with the
authorities at Sinsheim, and declared that he did not intend to remain
permanently in Germany, he would have had no trouble.
Waiting your further instructions, I remain, your obedient servant,
- EDWARD M. SMITH,
United States
Consul. - Hon. Bayard Taylor,
American Minister, Berlin.
[Inclosure 3 in No.
20.—Translation.]
Mr. von Büllow to
Mr. Taylor.
Foreign
Office, Berlin,
June 11, 1878.
Sir: The undersigned has the honor, replying to
the esteemed note of the 30th of April last, the inclosures of which are
herewith returned, to inform the envoy extraordinary and minister
plenipotentiary of the United States of America, Mr. Bayard Taylor, that
he has not failed to cause an investigation to be made with the proper
authorities concerning the decree of expulsion pronounced against the
American citizen Charles Ganzenmüller.
The result of this investigation is contained in the inclosed
memorial.
The envoy will be so good as to perceive from the same that the proper
authority finds itself unable, after repeated careful examination of the
case, to annul the decree of expulsion pronounced against Carles
Ganzenmüller.
The undersigned also avails himself of this occasion to renew to Mr.
Bayard Taylor the assurance of his most distinguished consideration.
- von BÜLOW.
- Bayard Taylor,
Envoy Extraordinary and Minister
Plenipotentiary of the United States of
America.
[Inclosure 4 in No.
20.—Translation.]
Memorial.
Charles Ganzenmüller, born August 15, 1851, at Sinsheim; emigrated to
America in the year 1869, and acquired citizenship in the United States
in the year 1875. In the course of the same year, and within a few days
after his naturalization, he returned to his native place, where he has
taken up his permanent residence.
His nationality is therefore to be determined by article 4 of the
state-treaty, concerning the mutual regulation of the rights of
citizenship of emigrated persons, concluded between Baden and the United
States of America on the 19th of July, 1869, which reads as follows:
“The emigrant from the one state, who, according to article 1, is to be
held as a citizen of the other state, shall not on his return to his
original country be constrained to resume his former citizenship; yet if
he shall of his own accord reacquire it, and renounce the citizenship
obtained by naturalization, such a renunciation is allowable, and no
fixed period of residence shall be required for the recognition of his
recovery of citizenship in his original country.”
Ganzenmüller is, in accordance herewith, notwithstanding his return to
Germany, to be regarded, not as a Badener, but as an American citizen,
and particularly is his enrollment for military service thereby excluded
under section 11 of the military law of May 2, 1874. Ganzenmüller has
thus achieved by his course the practical result that, through an
absence of several years and his naturalization in America, he has
divested himself of the onerous and highly important obligation to
perform military duty in his native country, enjoying at the same time,
however, and while still within the military age, sojourn in and the
protection of the laws of his native country in the same degree as those
of his former fellow-citizens who, in accordance with regulations, have
performed their military duty.
It may remain an open question whether the emigrant at the time of his
emigration had or had not the intention to thus evade military service;
the practical result thus attained is alone sufficient to bring the
temptation home to others to adopt a like course. Pursuant to section 4
of the Baden law of sojourn of May 5, 1870, the grand ducal ministry of
the interior may at any time decree the expulsion of such foreigners as
endanger the external or internal safety of the state.
It has now recognized such a danger in the continued sojourn of
Ganzenmüller, and in order to counteract the evil consequences resulting
from such an example, and in order that the practical success attained
in the evasion of military duty without final emigration may be as
practically set aside, has decreed his expulsion. Ganzenmüller has
appealed against this decree to the supreme state authority; his appeal
has, however, been adversely decided by a state ministerial decision of
the 24th of May last, and the grand ducal district officer (Bezirksamt)
at Sinsheim was thereupon instructed to execute, after a brief respite,
the expulsion heretofore suspended by the appeal.
The possibility of expulsion under article 4 of the Baden law of June 1,
1870, is an indispensable supplement of the treaty hereinbefore
mentioned, if the latter is not to be abused as a means of evading
military duty.
For the rest, a person thus expelled can avoid the execution of the
decree by deciding, under article 4 of the treaty and section 8 of the
imperial law concerning the acquisition and loss of state and federal
citizenship, to reacquire Baden citizenship and perform the necessary
military service.
To Charles Ganzenmüller the alternative is thus offered of either leaving
the country or again becoming a Badener and submitting to be treated as
such.
As, moreover, the expulsion was only decreed after Ganzenmüller had
resided more than two years in his former country subsequent to his
return from America, he finds himself practically in the same position
as if the provisions of Article 4 of the naturalization treaty,
concluded between the former Northgerman-Bund and
the United States, different in themselves from those of the Baden-American treaty, were the guide by which he
must determine his state-citizenship relations.
Under these circumstances there were found to exist, even after a
repeated examination of the case, no adequate grounds to abstain from
carrying into execution the decree of expulsion pronounced against
Ganzenmüller.
[Inclosure 5 in No. 20.]
Mr. Taylor to Mr.
von Bülow.
Legation of the United States,
Berlin, June 14,
1878.
Sir: The undersigned, envoy extraodinray and
minister plenipotentiary of the United States of America, has the honor
to acknowledge the receipt of the communication of
[Page 221]
his excellency Mr. von Bülow, imperial
minister of foreign affairs, of the 11th instant, accompanied by a
memorial (Denkschrift), containing the decision of the imperial
government in the case of Charles Ganzenmüller, a citizen of the United
States of America, whose expulsion has been ordered by the authorities
at Sinsheim, Baden.
When the case was first presented by Mr. H. S. Everett, chargé
d’affaires, on the 30th April last, the attention of his excellency the
minister of foreign affairs was called to the new and extraordinary
grounds upon which the expulsion of the said Ganzenmüller was ordered.
Since the memorial just received appears to recognize these grounds as
valid, the undersigned begs leave most respectfully to present to the
imperial government his reasons for believing that they conflict with
the letter as well as the spirit and intention of the treaty of February
22, 1878.
In the present instance it might be urged that the assumption of the
government of Baden that the said Ganzenmüller does not intend “final
emigration,” and that his presence is dangerous, is directly opposed by
his own formal declaration, and by the testimony of the municipal
council (Gemeinderath), that “through his
residence in Sinsheim public safety or morality is not endangered.”
The undersigned, however, will confine himself to calling attention to
article 2 of the separate treaty between the United States and Baden,
which specifies the only circumstances under which a former citizen of
the latter country is liable to punishment for non-performance of
military duty. It is not claimed that any such liability has been
incurred; but the sole ground of expulsion is based upon § 4 of the
Baden law of sojourn (Aufenthaltsgesetz) of May
5, 1870. This action assumes that the fact of American citizenship is in
itself a danger, and that all natives of Baden, of a certain age, who
shall have become naturalized citizens of the United States, may be
expelled at the pleasure of the local authorities, whenever they return
to visit their former homes.
The undersigned is aware that, according to article 4 of the treaty of
February 22, 1868, between the United States and the North German Union,
the said Ganzenmüller’s return could be demanded, but this article has
not been formally accepted by the government of Baden, the separate
treaty with which, not specifying any limit of residence might equally
be taken advantage of by the authorities to prohibit any residence
whatever. A case has just occurred in the same town of Sinsheim which
shows that such an abuse of the treaty is possible. It is herewith
transmitted to his excellency the minister of foreign affairs, and the
undersigned begs his excellency to notice that the order of expulsion
was issued within a month of the naturalized citizen’s arrival,
notwithstanding that the latter announced his intention of returning to
the United States on the 1st of September.
In view of this circumstance, the undersigned is compelled most
respectfully to express his inability to accept the opinion contained in
the memorial received from the foreign office, that § 4 of the Baden law
of May 5, 1870, is an “indispensable supplement of the treaty, if the
latter is not to be used as a means of evading military duty.” On the
contrary, such applications of § 4 of the Baden law as have been made by
the authorities at Sinsheim seem to the undersigned to be in direct
contravention of those reciprocal rights and privileges of the citizens
of the two countries which the treaties of 1868 were intended to guard.
The subject will therefore be submitted by this legation to the
consideration of the Government of the United States.
The undersigned avails himself, &c.
