No. 156.
Mr. Taylor to Mr. Evarts .

No. 37.]

Sir: Referring to my dispatch No. 20, communicating the decision of the imperial government in the case of Carl Ganzenmüller, and my own [Page 230] protest against the principle therein involved, together with my dispatch No. 25, reporting a private conversation with Mr. von Bülow, minister of foreign affairs, upon the same subject, I have now the honor to inform you that I have received a communication from the foreign office, a copy and translation of which I herewith forward (inclosure 1), which terminates the case in an unexpected manner.

In his correspondence with this legation, claiming its intervention with the imperial government in his behalf, the said Ganzenmüller was more than emphatic in his declarations of bona fide American citizenship, and his intention shortly to return to the land of his adoption. As a specimen of his manner of writing, the last letter received from him is appended (inclosure 2). It is dated on the 12th of June, and it now appears that on the 13th he made application to the authorities of Baden to resume his former citizenship in that state, thus confirming the ground assumed by them in justification of their former action, that he never intended to return to the United States.

It will readily be perceived that this action of Ganzenmüller is directly prejudicial to all cases of prolonged residence on the part of naturalized citizens. A further and very unnecessary difficulty is often created by the latter in refusing to declare in advance the probable term of their stay when asked to do so by the local authorities. The case of Gustav Weil, also mentioned in my dispatch No. 20, proves to have been directly occasioned by such refusal; but I am glad to state that it has been favorably settled. The experience of this legation includes so many instances of ignorant and overweening assumption of rights, that a certain amount of indiscretion, to use no stronger term, may be reasonably inferred in at least half the cases where an appeal is made for official intervention. Within the past fortnight a German-American forwarded the evidences of his citizenship accompanied by the bitter complaint that he was not allowed to vote at the election on the 30th ultimo; another, who has been residing for several years at Lübeck, demanded to be exempted from the sanitary law requiring the vaccination of his child; and a third requested the legation to divorce him from his wife! In another instance a man of property in this capital, who acquired American citizenship in order to avoid military duty, and never intends to return to the United States, forwarded a gross attack upon the legation, of which he was the author (printed in a German paper of New York) the day before calling to claim its assistance.

In view of the prevailing political agitation in Germany, and the increased tendency toward repressive measures on the part of the government, it would be well if naturalized citizens contemplating a visit to their former homes were officially advised that many possible annoyances may be avoided by declaring the probable term of their stay to the local German authorities on arriving, by abstaining from irritating political discussions, and by quietly obeying such municipal laws and regulations as apply to temporary as well as permanent residents. If this course were generally followed it would not only relieve the legation of much unnecessary investigation, but would also enable it to decide more intelligently and justly in regard to cases requiring official intervention. It may be charitably presumed that a considerable amount of the offenses are ignorantly committed, through the lack of that thorough political education which restrains most native-born American citizens visiting Europe from coming into conflict with the local authorities.

I have, &c.,

[Page 231]
[Inclosure 1 in No. 37.—Translation.]

Mr. von Philipsborn to Mr. Taylor .

Sir: The envoy extraordinary and minister plenipotentiary of the United States of America, Mr. Bayard Taylor, will have been so good as to have perceived from our note of the 28th of June last, intended as a preliminary reply to the esteemed note of the 14th of the same month concerning the expulsion of Karl Ganzenmüller by the Baden authorities, that the case has been brought to the knowledge of the Grand Ducal Baden State Government

The matter has in the mean time, pursuant to a communication from the latter government, been disposed of by the readoption into Grand Ducal Baden citizenship of Ganzenmüller on the 13th of June last, at his own request.

Hence the assumption of the Grand Ducal Government, which found expression in the inclosure of our note of the 11th of June last, that Ganzenmüller had returned to his native country not for a mere temporary but for a permanent residence, may be held to have received its full confirmation.

The undersigned avails himself, also, of this occasion to renew to Mr. Bayard Taylor the assurance of his most distinguished consideration.

[Inclosure 2 in No. 37.]

Mr. Ganzenmüller to the legation of the United States .

To the Legation of the United States, Berlin:

In answer to the letter of the honorable legation, I have the honor to inform it that the consul from Mannheim, Mr. Smith, has been to Sinsheim, and has spoken to the officer here in regard to my case of expulsion; but the only thing, I was told by the consul, for me to do was to write a petition, begging the authorities to let me stay here three months longer, but it would be very doubtful if the prayer would do any good, although he has offered to take it to Carlsruhe himself.

Now, in the first place a time of three months would be of no use to me, and in the second place I do not like to beg where I am quite positive, that I have a right to stay here as long as I please, although Mr. Smith does not see it, and dont seem to care much about it, as I had been at his office when I had the first direction that I was to go to the army or leave, and he then simply told me that he was sorry, but he could not do anything, and the best thing I could do, was to leave.

The treaty that was made with Baden in 1868, and of wich I sent a copy to the legation, was never recalled, and a treaty is a law, and if Baden dont keep their laws it is no one’s business; but if they don’t keep the treaty with the United States, and the United States do not care about it, I do not see why such treatys are made, nor do I see what is the advantage of becoming a citizen of the United States. This case should have been laid before the Baden and not the German Government, as it is a gross breach of the treaty of 1868 on the side of Baden. The coming here of Mr. Smith was quite useless as far as I am concerned; he had, as you thought the case of that Jew more important, done something for him, and he is the very one, that has made the decision of the Staats Ministerium so unfavorable for me, as his case was laid before that authority with mine, and he had been saucy and insolent to the authorities here, and was fined 20 marks for contempt of court, wich may have been reported to the ministry of state by sending the cases here for decision. Moreover it is just customary for the Jews around here to send their sons away to evade military duty, while I coud proof through the city council here, or any inhabitant, that I did not leave for that purpose.

However this may be, if a citizen of the United States, instead of being allowed to stay unmolested in any country, is being transported out of the country like a criminal kiked out like a dog, and the treaties with the United States sneered at, and the Americans are not able to interfere, I don’t wonder if people here have very queer notions about the ability of our statesmen.

I shall wait here two days yet, and if the time is run off and I cannot effect a prolongation myself, I suppose I have to clear out, as the time will be likely too short for you to do anything more.