No. 156.
Mr. Taylor
to Mr. Evarts.
Legation of
the United States,
Berlin, August 7, 1878.
(Received August 29.)
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.
Foreign
Office, Berlin, August 3,
1878.
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.
Respectfully,
