No. 153.
Mr. Taylor
to Mr. Evarts.
Legation of
the United States,
Berlin, July 5, 1878.
(Received July 24.)
No. 28.]
Sir: Referring to your instruction No. 7, which
reached me on the 3d instant, I beg leave respectfully to represent that the
case of Mr. Willimek belongs to a class the disposition of which has already
been settled by the action of the German Government. If his statement be
strictly correct in every particular, he is not liable to punishment, and
may return to Germany for the space of two years without interference by the
local authorities.
In order to confer with the minister of foreign affairs, as I am instructed
to do, I require to be furnished with the evidence of his naturalization,
and also to know his former place of residence in Germany, [Page 226] since otherwise there would be no practical
means of granting the special favor which he has requested from the
Department of State.
Inasmuch as cases exactly similar to his have been satisfactorily settled
under the provisions of the treaty, I cannot but feel that to ask the
Imperial Government for an assurance in advance would be to imply a doubt of
its good faith. The records of this legation do not show any instance of a
protection being granted to any naturalized citizen without the production
of the documents necessary to establish his character and identity.
As a further guarantee, I herewith inclose the ministerial circulars of July
5 and 6, 1868, which have special reference to cases like that of Mr.
Willimek. Furnished with this (especially if it also bears the stamp of the
Department of State), he needs but to show it to the authorities of his
native place immediately on his arrival and declare the probable duration of
his visit, in order to be recognized and protected as an American
citizen.
I have, &c.,
[Inclosure to dispatch No.
28.]
Ministerial decree of July 5, 1868.
In concluding the treaty of the 22d February of this year (Bulletin of
the Laws of the Confederation, p. 228), agreed upon between the North
German Confederation 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 the said treaty.
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, the 5th July,
1868.
The minister of justice,
DR. LEONHARDT.
To all royal courts of appeal, to all royal supreme courts, and to
the state attorneys-general in Kiel, Cassel, Wiesbaden, and
Frankfort on the Main.
Circular of the 6th
July, 1868.
In concluding the treaty of the 22d February of this year (Bulletin of
Laws of the Confederation, p. 228), between the North German
Confederation and the United States of America, it was the prevailing
intention. That, in conformity to article 2 of this treaty, the
punishable action, committed by the unauthorized emigration of a citizen
of the confederation to the United States of America, should not be made
the 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 where legal sentences of this
kind, against the persons above [Page 227] described, exist, to report officially the remission by way of grace
of the declared punishments and costs.
Berlin, the 6th of July,
1868.
For the minister of the
interior:
SULZER
.
To all the governments of the monarchy.
I send a copy to you, &c., 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:
SULZER.
To the chief president at Hanover and to the presidency of the police
here, a copy in like manner for their guidance.
