Office of the Historian

No. 286.
Mr. White to Mr. Evarts.

Legation of the United States,
Berlin, October 18, 1880. (Received November 3.)
No. 161.]

Sir: In the last report made to the Department of State in Mr. Everett’s dispatch, No. 95, of March 21, 1879, of disputed questions of American nationality settled between this legation and the German foreign office under the provisions of the naturalization treaty of 1868, twenty-four cases were given, extending over a period of fourteen months from October, 1878, to December, 1879, of which, only one remained at that time undecided. For convenience of reference the same series of numbers is continued in the present report, the old case of Klein (No. 18), being first completed.

There have been altogether, from December, 1878, to December, 1879, inclusive, twenty-six new cases decided, of which seven have resulted unfavorably to those claiming the intervention of the legation; of these, two (Lutz, No. 25, and Iversen, No. 26) were clearly proved to be deserters from the German army; the third case was one of a gross offense against the civil laws, and the remaining four (Nos. 32, 34, 48 and 49,) were decided against us under the new ruling of the German Government, that Alsace-Lorraine is not covered by the treaty of 1868.

I have, &c.,

AND. D. WHITE.
[Inclosure in No. 161.]

list of military cases requiring intervention.

18. E. F. O. Klein (see Foreign Relations for 1879, p. 372).—Mr. Klein’s case being still unsettled at the end of February, 1879, and the property, which had been taken from him eighteen months previously by the German officials, not having been yet returned to him, the legation, on the 7th of March, 1879, wrote to the foreign office requesting their attention to the matter, and, in consequence of an instruction of the 26th of June, 1879, from the Department of State, to which Klein had appealed, the [Page 451] legation again addressed the foreign office on the 11th July, 1879, no answer having in the mean time been received to the previous note. In a few days an answer was received, under date of July 13, that Kleins property had been sold by mistake, but that the damages sustained by him, when ascertained, would be paid. This reply was sent to the Department in dispatch No. 29, of July 16. 1879. A valuation of his losses, amounting to 8318, was made by Klein; was forwarded to the legation by the State Department in instruction 39 of August 27, and was sent to the foreign office on the 12th September. On the 21st October, a reply was received inclosing the sum of 1,332.60 marks in payment of the balance of the claim, with which 8312.50 of American exchange was purchased and transmitted to Klein through the State Department. A receipt from Klein, inclosed in an instruction of the 21st November, and transmitted to the foreign office on the 4th December, finally closed this long and troublesome case two years and four months from its commencement, and after the exchange of no less than forty letters, notes, instructions, and dispatches.

25. Frank Lutz.—A native of Grossrederchen, Alsace-Lorraine, according to his statement to the legation, emigrated to the United States in April, 1873; was naturalized, after a residence there of over five years, on the 4th May, 1878, and came to Germany during the summer of 1878 to attend to his family affairs, with the avowed intention of soon returning to the United States. It appears that soon after his arrival Lutz was fined 750 marks by the local authorities at Saargemund, Lorraine, for evasion of military duty, but that upon showing his certificate of American citizenship the fine was remitted. On the 29th November, however, he was forcibly enrolled in the Fifty-third Regiment of Royal Prussian Infantry at Julich, near Aix-la-Chapelle.

The legation was first informed of this case on the 21st December, 1878, through the vice-consul-general at Frankfort, and at once wrote to the imperial foreign office, requesting an investigation, and at the same time instructed the United States commercial agent at Aix-la-Chapelle to go to Julich and obtain a sworn statement from Lutz of the facts in his case. This, however, the commercial agent found great difficulty in doing, partly from opposition on the part of the colonel of the regiment, and partly from a refusal on the part of Lutz to sign anything without the advice of his friends. A rather vague statement was, however, eventually obtained from him. The case was discussed by Mr. Everett, chargé d’affaires ad interim, with the minister of foreign affairs, as reported in dispatch No. 70, of 9th January, 1879, who enumerated some of the difficulties incident to investigating this class of cases in Alsace-Lorraine, owing to the irregular way in which citizens from that province had elected for French or German citizenship. About the end of January, the foreign office replied to the legation in detail (as given in inclosure to dispatch No. 73, of 18th January, 1879), claiming that Lutz was untruthful in his statements, that his naturalization paper was dated less than five years from the time of his sailing from Europe, and that on arriving in Germany he announced his intention of remaining in Germany, but pleaded the Alsace-Lorraine amnesty bill against being put into the army. This being denied him, he pleaded French citizenship at the time of emigration, which the German Government claimed was vitiated by his remaining in Alsace-Lorraine after having elected for French nationality, so that at the time of his emigration he was a German citizen under the provisions of the naturalization treaty of 1868, which, as had already been shown, he had violated. The want of ingenuousness on the part of Lutz prevented the legation from being able to disprove any of these allegations of the German Government, and Lutz had, consequently, to be given up to them as a German subject. This was reported to the State Department in dispatch No. 21, of the 8th July, 1879, and the case thus closed.

26. Iver Iversen.—According to the statement made by him to the legation, was born in Schleswig-Holstein, in 1849, emigrated to the United States in 1869, was naturalized in the State of Missouri in June, 1875, and returned to Denmark, but not to Germany, the same year; that he came to Germany for the first time in June, 1878, to visit his parents, and was then forcibly enrolled in the Eighth Regiment of Prussian Infantry. In September, 1878, in consequence of his refusing to take the oath of allegiance, Iversen was sentenced to six months’ imprisonment in the fortress of Magdeburg. The legation first heard of his case in August, 1878, and immediately wrote to Iversen to furnish documentary proof of his citizenship and alleged persecution, but received no answer till December following, when a friend of his informed the legation that Iverson had been in prison for three months. The legation at once wrote to the foreign office on the subject, and on the 14th of March received a very full reply to the effect that, in the first place, Iversen had really returned to Germany and not to Denmark, in 1875, and had consequently lost his American nationality by remaining so long beyond the two years allowed by the treaty; and that, secondly, he was a deserter from the German army, having emigrated after he had been assigned to a regiment in 1869, for which offense he had been sentenced to six months’ imprisonment. The whole case in its progress and result was reported to the State Department in Mr. Everett’s dispatches No. 70 of 6th of January, 1879; No. 71 of 13th January, 1879; No. 73 of 18th January, 1879, and No. 94 of 17th of March, 1879. On the 18th March, 1879, Iversen [Page 452] wrote to the legation asking what had been done in his behalf, and in reply was informed of the unfavorable developments in his case, and that nothing further could be done for him by the legation without instructions from the State Department. Subsequently, under instruction No. 5 of the 19th of May, 1879, the legation was informed that Iversen must be considered as a deserter from the German army and a German citizen, which closed the case.

27. Samuel Margouiner.—A naturalized American, returned to Germany toward the end of 1878, apparently in the hope of obtaining work to support his large family. On his arrival at Bromberg he was sentenced to a tine of 150 marks and imprisonment of 6 weeks for evasion of military duty. The legation first heard of the case on the 7th January, 1879, through the consul-general at Berlin, to whom Mrs. Margouiner wrote that her husband had already been four weeks in prison. The statements were so vague that the legation wrote to Mrs. Margouiner for more particulars, but in the mean time addressed a note to the foreign office asking to have Margouiner liberated until his case could be investigated, and Mr. Everett mentioned the case in his dispatch No. 71 of the 13th of January, to the State Department. On the 29th January a reply was received from the foreign office that Margouiner was liberated pending the investigation of his case, and on the 28th March a further communication stated that Margouiner had been liberated on the 20th January, and that his pardon by the Emperor had been recommended by the minister of justice, which on the 30th of April the legation was informed had been granted, and this result, together with his papers, was duly seat to Mr. Margouiner. This case of unjust imprisonment, involving the loss of time and liberty of an innocent man, arose from the German local authorities taking action before referring the case to the ministry of justice in Berlin, as required by the ministerial decrees appended to the treaty of 1868. In calling the attention of his excellency Mr. von Billow to the case, Mr. Everett took occasion to remark that the recent arrests showed that the welcome hopes held out in the esteemed note of his excellency Mr. von Philipsborn, of the 18th July, 1878, that “the general points of view established by the imperial government shall receive full consideration at the hands of the local authorities” have not been realized.

28. Edward Klein.—Was born at Saargemund, Alsace-Lorraine, in June, 1854; emigrated to the United States in 1872 with the consent of the German authorities; was naturalized in July, 1878, and returned to Germany in August, 1878. For six months after his arrival at his native place he was unmolested, but on the 6th January a decree was read to him by a police commissioner that he was to leave Germany within four weeks, or be imprisoned for six weeks and then be forcibly conducted across the frontier. The legation sent Klein the ministerial decrees on the question to show to the local authorities, but this producing no effect a note was addressed to the foreign office on the 21st January, calling attention to the case, to which a preliminary reply was received on the 26th January that Klein would not be molested during the investigation of his case, and on the 28th April a final answer was received that he could remain till the expiration of his two years, and his papers were returned. This result was communicated to Klein with his papers, which he duly acknowledged with thanks to the legation for its efforts in his behalf. This case, being easily and promptly settled, was not reported at the time to the State Department.

29. Alexander Kunz.—A native of Frankfort-on-the-Main, emigrated to the United States in 1870, when thirty years of age, and married there a lady likewise a native of Frankfort. He was naturalized October 12, 1878, and resided in the United States until December, 1878, when he returned with his wife to Frankfort for a short visit to their relatives. On the 27th January, 1879, Kunz was arrested and put in prison on a charge of neglect of military duty, for which he had been fined 300 marks in March, 1874. The United States consul-general at Frankfort used his best endeavors with the local authorities to have Kunz released, and reported the case at once to the legation. A note was addressed immediately on receipt of the consul-general’s letter, on the 29th January, to the foreign office, in reply to which a speedy investigation was promised. On the 21st February the legation was informed by the foreign office that Kunz had been released two days after his arrest, which the legation already knew through the consul-general, and on the 30th June the foreign office returned Kunz’s papers to the legation with the information that he had been pardoned and his fine remitted by the Emperor in the usual course. There seemed to be no reason why so summary and unusual treatment should have been used in this case, which apparently was a more favorable one than those of most of the returning naturalized Americans, inasmuch as Kunz had papers to show that previous to his emigration he had received his discharge from military service on the ground of disability, a fact which should have saved him from arrest as a deserter on his return.

30. C. J. Koernicke.—A native of Brehna, in Saxony, emigrated to the United States in 1861, at the age of twenty-five, and was naturalized on the 15th July, 1874, after having served three years as a soldier in the United States Army, and had now returned to Germany with his family. Soon after his arrival at Brehna he was fined 91 marks by the local authorities, on the ground, as stated in the official notice, that he had not resided [Page 453] in the United States five years after his naturalization—a point never before raised, and doubtless originating with some over-zealous official imperfectly acquainted with the treaty of 1868. The legation was informed on the 7th February, in a very illiterate letter from Koernicke, of his trouble, and at once replied to him, asking him for the evidence of his American nationality requisite for intervening in his behalf. This letter found him in prison, from which, however, he was soon released while his case was being investigated. The attention of the minister of foreign affairs was called to his case on the 10th February, and on the 12th February a reply was received that it should be promptly attended to, which apparently was done, as Koernicke left for America before the end of February, after writing to the legation to forward him his citizen-paper. This was impossible till the month of June, when his papers were returned to the legation from the foreign office with the notice of the remission of his fine by the Emperor. This termination of the affair was communicated to Koernicke, with his papers on the 6th October, in reply to reply to a letter from him in America giving his address there; since which nothing has been heard from him. His arrest was, as far as the legation could ascertain, quite unjustifiable, especially on the ground assigned.

31. Jos. Aurel Rasch.—Was born in Bavaria March 28, 1856; emigrated to the United States March 12, 1873; was naturalized February 5, 1879, and had not as yet returned to Germany. On the 20th May, 1877, the property of said Rasch in Germany was attached for an alleged “offense against public order,” of which Rasch informed the legation from the United States, though without any papers establishing his citizenship and the correctness of his statements. After receiving from him his citizen-paper and the requisite proofs of the facts, the legation addressed a note to the foreign office in his behalf on the 22d February. An answer of the 1st May, to the effect that his case would receive attention, and another of the 31st May, that the injunction had been entirely, removed were duly received at the legation and at once sent to Mr. Rasch, since when nothing further has been heard from him.

32. Michael Pacquet.—Was born in Alsace 27th July, 1855; emigrated to the United States 18th January, 1872; was naturalized 17th September, 1878, and returned the same year to Germany. During his absence, on the 27th June, 1877, his father paid 1,406 marks to the local authorities as a fine for his son’s alleged neglect of military duty. On the 12th February, 1879, the son wrote to the legation asking for its intervention to have this sum repaid him. On the 27th February, after having procured the necessary facts, Mr. Everett, chargé d’affaires, called attention of the foreign office to the case, and on the 31st March was informed in reply that it was under investigation.

Pacquet, about the middle of July, returned to America and sent his address to the legation. On the 26th November, 1879, the legation again called the attention of the foreign office to the case, and subsequently, on the 24th March, 1880, and on the 8th May following. No reply was received to any of these representations until the 28th September, 1880, when the legation was informed by the foreign office, under date of 26th September, that Pacquet was still considered a citizen of Alsace-Lorraine, and that his fine could not be repaid. This decision was communicated to Pacquet the same day, and information of the same sent to the Department of State in dispatch No. 154, of 28th September, 1880. His case was considered by the legation as an unsound one to prosecute any further, on account of the fine having been paid before Pacquet was naturalized.

33. Andreas Grzechowiak.—Was born in Posen 16th November, 1851; emigrated to the United States in February, 1872, when over 21 years of age; was naturalized there 20th November, 1878, and in December of the same year revisited Germany. He stated that in 1873, after his emigration to America, an attachment had been put on his inheritance to secure a fine of 270 marks imposed on him in 1872 for alleged neglect of military duty. On the 24th January, 1879, Grzechowiak claimed the assistance of the legation to have the attachment removed, but some delay was caused by his illiterate writing and insufficiency of evidence. On the 28th February the legation called the attention of the foreign office to the case, and on the 13th July received a reply that the attachment was removed. In the mean time Grzechowiak had left for America, and after receiving his address there, the legation notified him, on the 23rd July, of the successful termination of his case.

34. Francis and Theobald Hess.—Were born in Alsace, the former on the 28th October, 1852, and the latter on the 1st August, 1855. After the annexation of Alsace-Lorraine to Germany, not wishing to serve in the German army, the brothers Hess emigrated to America in August, 1872, and were naturalized there on the 16th October, 1878. After their departure two fines of 1,200 and 250 marks was levied on the two brothers for alleged neglect of military duty, and as one of them wished to return to Germany on a visit to their father, he wrote, on the 20th February, 1879, to the legation to ask if their fines must be paid. After some further correspondence to ascertain the exact terms of the decree the legation called the attention of the foreign office to the case on the 10th March, 1879, and requested that the sentence of fine might be removed. No answer having been received to this, and Mr. Hess having forwarded to the legation [Page 454] a fresh decree confirming the original decision against him and his brother, another note was addressed to the foreign office, on the 3d October, 1879. No reply was received to these notes, in spite of several reminders, until the 29th September, 1880, when the legation was informed by the imperial foreign office that the fine against the Hess brothers could not .’be remitted, as the government still considered them citizens of Alsace-Lorraine, on the ground already stated in the recent decision of John Schehr’s case (No. 48), that the naturalization treaty of 1868 did not apply to Alsace-Lorraine, and that German allegiance was not lost by emigrants until ten years after their departure from their native place.

35. William Brandt.—A native of Germany, emigrated at thirteen years of age; was naturalized 27th of January, 1879, and when his case came up was still in the United States. During his absence from Germany his property, in the hands of one Schulte, his guardian at Hintersee, had been attached by the local authorities on the ground of evasion of military duty, and the legation was written to on the 17th March, 1879, by the clerk of the court in Wisconsin, where Brandt was naturalized, to request that diplomatic influence might be employed to have the injunction removed. The legation addressed a note to that effect on the 3d April, 1879, to the foreign office, and on the 30th June received a final reply that the fine and costs were remitted by the Emperor, of which Mr. Brandt was at once informed, and his papers returned to him. Since then nothing more has been heard from him or his friends.

36. John Huber.—A native of Schleswig was born 28th June, 1853; emigrated to the United States 17th June, 1872; was naturalized March 1, 1878, and returned to Germany, on a visit, 29th February, 1879. In April, 1879, the royal kreisgericht at Schleswig sentenced him, without any assigned reason, to a fine of 200 marks, which was unwisely paid by his family on the 30th April, 1879. On the 6th May the legation was informed of the case through the United States consul at Hamburg, and on the day of receiving the letter called the attention of the minister of foreign affairs to the injustice of the fine imposed. In reply a prompt investigation was promised, and on the 1st October the legation was informed that his pardon had been recommended. Subsequently a demand was made on Huber for a fine of 48 marks, or a declaration from him that he was too poor to pay it. This new difficulty formed a subject of a second note to the foreign office on the 17th November 1879, to which a favorable reply was received on the 1st December, 1879. A very vague and illiterate letter from Huber of the 22d December, previous to leaving for America, left it somewhat doubtful whether the above costs had ever been taken off or not. Final notice of his pardon and repayment of fine was received from the foreign office on the 12th May, 1880.

37. Jacob Dettmar.—Emigrated to the United States in July, 1859, at the age of nineteen; was naturalized in the city of Brooklyn, October 18, 1865, where he continued to reside. By an instruction to the legation from the Department of State of 21st May, 1879, it appeared that Dettmar had appealed through his attorney to the United States Government for the intervention of the legation in Berlin with the German Government to remove an attachment on his inheritance in Germany for 110 thalers. From the correspondence which ensued between the legation and the foreign office it appeared that the attachment referred to had been already removed as long ago as July, 1873, but at any rate it would have expired by limitation, so that any diplomatic action was superfluous. This result was communicated by the legation to the State Department in dispatch No. 16, of the 16th February, 1880.

38. Richard W. and Casper D. Boisselier.—Were born in the United States, the former in 1852, and the latter in 1854, their father, Carl Boisselier, being a naturalized American citizen. In 1856 they went with their father to Germany and remained there till 1873, when the elder brother returned to America, but the younger one not till 1874. Both of them have since remained in America. The legation was informed of their case by a telegraphic instruction of 6th June, 1879, from the Department of State, to the effect that a summons had been received by the elder brother from the German Government, to report himself for military duty, to which he replied by furnishing proof that he was a native-born American citizen. A fine of 3,150 marks was nevertheless levied on the two brothers, and the property of their father threatened with confiscation if the sons failed to appear before the court at Schleswig on the 2d July, 1879. The legation at once directed the proper consul to investigate the case, and, as soon as his reply had been received, called the attention of the foreign office to the case, on the 13th June, 1879, in a note which was presented by Mr. White and earnestly pressed in a personal interview with the minister of foreign affairs, the result of which was communicated to the Department of State in the dispatch No. 4, of 14th June, 1879. The German Government at once stopped proceedings, but requested evidence of the father’s American citizenship, which was furnished in the form of a passport issued to the father by the State Department in 1856. On the 14th July, the legation received a note from the foreign office stating that the Boisselier brothers were acquitted and the fine removed by the circuit court of Schleswig, it having been found that they possessed no property. This information was at once telegraphed to the State Department, and reported in detail in dispatch No. 32, on the 20th July.

[Page 455]

The father’s passport was then returned to him and the case was thus supposed to be closed. About a year, afterwards, however, the legation was informed by the Department of State in instruction No. 126, of 28th July, 1880, that according to an article in a Saint Louis paper, a copy of which was inclosed, the decree of the royal court of Schleswig, acquitting the Boisselier brothers, was illegal and that the two young men were, by an instruction from the imperial chancery of the 8th and 14th of May, still to be considered Prussian subjects seeking to avoid military duty until they had obtained a discharge from Prussian citizenship, which they were advised to do. The minister at once called the attention of the minister of foreign affairs personally to the matter and was assured in reply that no information of such a nature had reached the foreign office, but that the matter should be investigated, which was accordingly reported to the State Department in dispatch No. 152, of the 21st September, 1880.

39. George Steig.—A native of Alsace, emigrated to the United States in 1873 at the age of fifteen; was naturalized in Iowa on the 5th March, 1879, and did not return to Germany. The legation was informed by the Department of State, under date of 16th July. 1879, that Steig had been sentenced to a fine of 300 dollars for neglect of military duty in Germany and that his inheritance there was threatened with attachment to secure the payment of the fine, in spite of the proofs of his American citizenship, which Steig had forwarded to his brother in Alsace to show to the authorities.

The legation at once wrote to the brother to obtain some further essential particulars, and on receiving his answer, addressed (August 1, 1879) a note to the imperial foreign office, requesting that, if the facts proved to be as stated by the legation, the fine might be removed.

On the 9th April, 1880, a note from the foreign office informed the legation that the fine imposed upon Steig had been removed by order of the governor of Alsace-Lorraine, which was communicated to him through a dispatch to the Department of State (No. 104) of April 10, 1880.

40.Amandus Flade.—Was born in Germany, 7th May, 1855; emigrated to the United States, 23d September, 1873; was naturalized there in March, 1879, and in July of the same year returned to Germany to visit his parents. Soon after his arrival he was arrested, taken before the military authorities, found physically unfit for service, and informed that his punishment would be decided by the royal Kreisgericht. On the 31st July he wrote to the legation to protect him, and especially to procure the return of his papers, which had been refused him. A copy of the ministerial decrees attached to the treaty was forwarded to which the legation believed, if shown to the local authorities with a respectful request for the return of his papers, would secure that result. Flade, was, however, on the contrary, told that his papers would not be returned him until he had paid a fine of 150 marks or suffered imprisonment for four weeks.

On the 15th August the legation called the attention of the foreign office to the case, laying especial stress on the disregard of the ministerial decrees, and after the usual preliminary reply that the case would receive immediate attention, was informed, on the 5th November, that the proceedings against Flade were correct, but that his pardon by the Emperor had been recommended. A further note from the foreign office was received at the legation a month later, announcing the remission of of the fine, and it is supposed that Flade’s papers were returned to him, as he informed the legation that he was about to start on a journey, and has not been heard from since.

41. Edward Richter.—Was born in Saxony, August 3, 1856; emigrated to the United States in June, 1874, when less than 18 years of age; was naturalized there, as shown by his citizen papers, on the 23d June, 1879, and in July of the same year, provided with a passport from the Department of State, returned to Germany on a visit to his father. Soon after his arrival at Chemnitz he was arrested by the authorities of that city for refusing to pay a fine of 300 marks levied on him for alleged avoidance of military duty, but was promptly released through the intervention of the American consul at Chemnitz, who reported the case to the legation.

An order was subsequently issued by the authorities that the fine must be paid before the end of the month. The legation called the attention of the foreign office to the case on the 19th August, and was promptly assured in reply that the Government of Saxony had been communicated with, and on the 30th September a final answer was received that Richter had been pardoned and his fine remitted, which he was informed of through the consul at Chemnitz, and his citizen paper was at the same time returned to him.

42. Dr. P. F. Vast.—Was born in France, 12th January, 1837; emigrated to the United States in July, 162, at the age of twenty-five, and became a naturalized American citizen on the 31st October, 1872. In the month of April, 1876, he went to Germany, and on the 1st May following took up his residence in Alsace-Lorraine, where he continued to reside, practicing the profession of medicine. On the 22d August, 1879, he was notified by the local authorities that he must leave the country, though without any reason being assigned for this proceeding.

At the request of Dr. Vast the legation addressed a note to the foreign office on the [Page 456] 30th August, requesting an investigation of the case which, as Dr. Vast was not of German origin, clearly did not come under the treaty of naturalization. Oh the 22d January a reply was received from the minister of foreign affars, that Dr. Vast had been expelled for immoral practices in the exercise of his profession, and that his sentence could not be revoked. Dr. Vast’s citizen papers were returned to him, and the final decision communicated to him on the 23d January, 1880.

43. E. G. Hellrung.—Was born in Saxony in 1850, emigrated to the United States in 1871, and was naturalized there, on the 23d October, 1876. On the 18th June, 1878, he returned to Germany on a visit to his parents, and was arrested in his native town of Niederorsehel on the 26th of the same month for refusing to pay a fine of 179 marks imposed by the royal Kreisgericht at Worbis for non-performance of military duty. In spite of his showing his citizen paper and passport, he was taken to prison at Worbis, his purse containing 210 marks was taken from him, and he was kept in confinement till the following day, when he was released, his money, however, being retained. Information of his detention was sent to the legation by his father, and as soon as his citizen paper could be obtained from him the legation addressed a remonstrance to the ministry of foreign affairs, which at once replied, promising to have the case investigated; and on the 23th January a second note from the foreign office was received, to the effect that the return of the money had been ordered. This information was at once communicated to him and his papers returned, since which nothing has been heard from him. It is presumed that he returned at once to the United States, as he had stated in person at the legation his intention of so doing.

44. Arfst A. Rörden.—A native of Schleswig, emigrated to the United States at the age of 16; was naturalized there on the 13th September, 1877, and came to Germany in June, 1879, to visit his parents. Three months after his arrival at Alkersum, his native town, the local authorities, in spite of his showing his citizen paper, informed him that he must become a German citizen or leave the country in fourteen days. As soon as information of his trouble with the authorities was received from him (September 12, 1879), the legation called the attention of the foreign office to the case, and in reply was told that the case would be at once investigated. On the 22d December a final note from the foreign office was received at the legation, stating that Rörden was allowed to stay. This result, together with his papers, was transmitted at once to him by the legation, and a polite note of acknowledgment was shortly received from him in reply.

45. Hans P. Jessen; 46. P. C. Schmidt; 47. Hans Hansen.—These three men were all natives of the town of Norburg in Schleswig-Holstein; had emigrated to the United States before the military age; had been legally naturalized, and returned to Germany during the month of October, 1878, on a visit to their families. About a year after their arrival, in spite of their citizen papers and the exhibition of the ministerial decrees, forwarded to them by the legation, they were notified to leave Germany within fourteen days or to become German subjects. The legation made a strong appeal in their behalf to the minister of foreign affairs on the 25th September, 1879, which secured immediate attention to their case, and eventually (January 2d, 1880) a final note was received, to the effect that all proceedings against them had been discontinued.

48. John Schehr.—Was born at Mothern, Alsace January 31, 1855; emigrated to the United States October 28, 1873; was naturalized 3d September, 1879, and returned to Germany on a visit the same month. Soon after his arrival he was summoned by the local authorities to pay a fine for non-performance of military duty and was allowed only ten days to pay it. A remonstrance was addressed by the legation to the foreign office on the 13th October, 1879, of which Schehr was informed the same day. On the 18th October the foreign office informed the legation that the case should be investigated. On the 25th October Schehr wrote to know how his case was progressing and whether he could leave for America, to which the legation replied that if he wished to leave, his papers, when returned, should be sent after him to any address he might indicate. Accordingly, on the 15th December, Schehr wrote that he should leave for America on the 20th December, and gave his American address. No answer was received from the foreign office until the 5th August, 1880, when the legation was informed that the naturalization treaty of 1868 did not apply to Alsace-Lorraine, and that consequently Schehr must be considered as owing allegiance to Alsace until having been absent ten years he lost his German citizenship under the general law of Germany. A forcible protest against this decision was addressed by Mr. White to the foreign office on the 28th August, 1880, and the correspondence reported to the Department of State in dispatch No. 146 of the 1st of September, 1880.

49. Joseph Lauber.—Was born at Kaisersberg, Alsace-Lorraine, November 8, 1853; emigrated to America in November, 1872; was naturalized September 16, 1878, and in October, 1879, returned to Alsace. During his absence the local authorities of his native place sentenced him to a fine of 1,000 marks and six months’ imprisonment, and soon after his return demanded the payment of the fine and ordered him to leave the country within six weeks. On the 14th November, 1879, Lauber appealed to the legation for assistance. The minister addressed the foreign office in his behalf on the 21st of November, 1879, and a week later received a reply that the case was being investigated. [Page 457] The following month Lauber wrote to know what he should do about leaving, and was advised by the legation in reply to remain quiet until his case was decided. No further answer was received from the foreign office until the 10th October, 1880, when the legation was informed that inasmuch as Lauber still owed allegiance to Alsace-Lorraine his fine for avoidance of military duty could not be remitted, but that he had not been ordered to leave the country, of which Mr. Lauber was at once informed. This decision was in accordance with the general one rendered in the case of John Schehr applying to all emigrants from Alsace-Lorraine. The case was reported to the Department of State in dispatch No. 146 of the 1st September, 1880.

50. Otto Eick.—Was born in Wettmann, Rhine Provinces, on the 3d December, 1854; emigrated to the United States on the 1st May, 1872; was naturalized in Philadelphia 16th May, 1879, and returned to Germany September 25, of the same year. On arriving at his native place he was fined 150 marks by the local authorities of Bochum, and thrown into prison on the 3d December following. On the 4th December he wrote to the legation for its intervention, and in consequence of a note addressed by the minister to the foreign office on the 5th December was at once set at liberty, but forced to give bail in the sum of 1,000 marks. On the 17th January, 1880, the foreign office informed the legation that Rick had been released and the bail returned to him, of which Rick was duly informed, and replied, thanking the legation for its intervention. Here it was supposed the case had ended, but on the 2d April, 1880, a telegram was received at the legation from Eick to the effect that he was again imprisoned; on which the minister at once addressed a note to the foreign office requesting his release, and on the 31st May received a reply that he had not been imprisoned for the second time. Mr. Eick pleaded, in excuse for this shameful falsehood, that he had been summoned to pay a second fine, and threatened with imprisonment again if he did not pay. He therefore thought it safe to telegraph the legation in anticipation of that eventuality. On the 10th October, 1880, the foreign office finally informed the legation that Eick had been pardoned by an imperial order of the 31st August, 1880, and that the proper authorities had been instructed accordingly.