Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1884

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.,

FRED’K T. FRELINGHUYSEN.

[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, 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.,

SAMUEL B. HAMBURGER.