No. 289.
Mr. White
to Mr. Evarts.
Legation of
the United States,
Berlin, November 1, 1880.
(Received November 19.)
No. 165.]
Sir: Regarding the case of Aaron Weill, the subject
of my dispatch No. 160, of the 16th ultimo, I have to state that he is still
detained in prison.
On the 19th ultimo I again addressed the acting minister of foreign affairs,
Count Limburg-Stirum, on the subject, in a note, a copy of which is
inclosed. In explanation of one part of the note I may say that Count
Limburg-Stirum, in my first interview with him upon the subject, cited the
proverb “ignorance of the law excuseth no man,” and hence I took pains to
again remind him more distinctly than before that it was not Weill’s
ignorance but his knowledge of the law, as both sides until then understood
it, which led him into difficulty. Having again received a note from Weill,
dated the 26th ultimo, stating that he was still detained, I, on the 28th
ultimo, sent another note to the foreign office, of which a copy is also
inclosed.
On the 30th ultimo I received from the acting minister of foreign affairs a
note stating that, on the strength of the additional views presented by me,
he had requested of the governor of Alsace-Lorraine a thorough and speedy
reconsideration of Weill’s case.
I have, &c.,
[Page 460]
[Inclosure 1 in No. 165.]
Mr. White to Count
Limburg-Stirum.
Legation of the United States,
Berlin, October 19,
1880.
The undersigned, envoy extraordinary and minister plenipotentiary of the
United States of America, desires to present to his excellency Count
Limburg-Stirum, minister in charge of the imperial foreign office, the
following memorandum, in addition to that left with his excellency after
the interview of the 15th instant in the case of Aaron Weill, now in
prison in Alsace-Lorraine.
Weill returned to Alsace and remained there bona
fide, having every reason to suppose that he was entitled to do
so. His was not a case of ignorance of the law,
but knowledge of the law as it was then supposed
to be at this legation, for, amongst others, the following reasons:
- First. Because for nearly ten years all cases decided by the
imperial foreign office were decided in accordance with the
supposition that the treaties of 1868 apply to
Alsace-Lorraine.
- Second. Because on the 20th March, 1873, Mr. von Bülow, then
in charge of the imperial foreign office, in his note regarding
the case of August Mély, distinctly confirmed this application
of the treaty of 1868 to Alsace-Lorraine in that he approved the
decree of the kreis-director of Saarburg, who had based his
action of re-collecting a fine upon the application of the
treaty.
- Third. That the kreis-director above referred to, in strict
accordance with the opinion of Mr. von Billow, in a
communication dated 2d March, 1877, wrote as follows: “To your
communication of the 27th ultimo I respectfully reply that the
treaty concluded between Germany and America on the 22d
February, 1868, applies to all persons emigrating to America and
returning thence who are born in Alsace-Lorraine.”
This legation, then, had every reason to suppose that Weill came under
the action of the treaty of 1868, and when he asked this legation what
he should do he was virtually informed, in accordance with the above
state of things, that the treaty of 1868 applied to him. The fault,
therefore, as his excellency will see, is not his ignorance of the law, but his knowledge of
it as it was then understood.
In view of these facts, and the additional fact that no notice whatever
was given by the imperial government which enabled this legation to warn
Germans, born in Alsace-Lorraine, who had acquired American citizenship,
from returning, the undersigned would again express the earnest hope
that, pending negotiations between the two governments regarding the
main questions at issue, Weill may be released.
The undersigned avails himself, &c.,
[Inclosure 2 in No. 165.]
Mr. White to Count
Limburg-Stirum.
Legation of the United States,
Berlin, October 28,
1880.
The undersigned, envoy extraordinary and minister plenipotentiary of the
United States of America, has the honor, referring to his note of the
19th instant, to call the attention of his excellency Count
Limburg-Stirum, in charge of the imperial foreign office, once more to
the case of Aaron Weill, an American citizen imprisoned at
Strasburg.
The undersigned has just received a letter from Weill, which states that
he is still in prison, and that there is no mitigation of his
punishment.
The undersigned would, therefore, again respectfully present the case,
reminding his excellency that Weill has not intentionally violated any
law, and urging remission of his punishment.
The undersigned avails himself, &c.,
