No. 119.
Mr. Frelinghuysen to Mr. Sargent.
Department
of State,
Washington, March 6,
1884.
No. 198.]
Sir: I inclose herewith, for your information, a
copy of a letter to this Department from Mr. Samuel B. Hamburger, of New
York City, in which he alleges that Mr. Oscar Stern, a naturalized American
citizen of German birth, was called to Germany in June, 1882, to assist in
selling his father’s estate, and that the German military authorities now
threaten to draft him into the army, notwithstanding the fact that he
possesses a passport which was issued to him by this Department on the 18th
of May, 1882.
In view of the statements contained in Mr. Hamburger’s letter, I will thank
you to make inquiries in regard to the case of Mr. Stern, and to take such
action as you may deem proper for the protection of his rights as an
American citizen.
Mr. Hamburger states that Mr. Stern will probably desire to remain in Germany
beyond the period of two years, for the purpose of closing up his father’s
estate. Mr. Hamburger has been informed that Mr. Stern’s right, under
Article IV of the Bancroft treaty, to receive protection, thereafter, as an
American citizen will depend upon his bona fide
intention to retain American citizenship, and that this is a question which
can only be settled by the facts of each individual case as it arises.
Should Mr. Stern, therefore, make application for a renewal of his passport
at the expiration of his two years’ residence in Germany, you will then
determine, from all the circumstances of his case, whether he is entitled to
have a new passport issued, and to further protection as an American
citizen.
I am, &c.,
[Inclosure in No. 198.]
Mr. Hamburger to
Mr. Frelinghuysen.
291 Broadway, New York,
March 4, 1884. (Received March
5.)
Dear Sir: Mr. Oscar Stern came to the city of
New York some fourteen years ago, under the age of eighteen years, and
in due course of time became a naturalized citizen of the United States.
He continued to live in this city until some time in June,
[Page 191]
1882, when he was called to
his former home, Zweibrücken, Germany, to assist in winding up the
estate of his deceased father. Your Department granted him a passport on
the 18th day of May, 1882, which is numbered 2207. Mr. Stern has never
given up his residence in this country, but, by reason of the
circumstances above referred to, has been compelled to remain in
Zweibrücken, inasmuch as the estate has not been fully wound up.
The German Government now propose to draft him in the regular army,
claiming that more than two years having elapsed since the granting of
the passport, he not having attained the age of thirty-one years, is
subject to military duty for one year, to wit, until he arrives at
thirty-one years of age, which will be March 18, 1885. I would
respectfully ask you if the United States Government will not protect
Mr. Stern from such interference on the part of the German Government.
Mr. S. has sworn allegiance to the United States Government, and does
not intend to become a resident of Germany; on the contrary, expects to
permanently live in this country as soon as he can wind up his father’s
estate.
I would be obliged for information on this subject, so that I may
communicate the same at an early day to Mr. Stern.
Very respectfully, &c.,
