Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1884
No. 135.
Mr. Kasson
to Mr. Frelinghuysen.
Berlin , November 3, 1884. (Received November 17.)
Sir: Accompanying this dispatch I transmit a report (prepared by First Secretary Coleman) of the military cases disposed of since the last previous report from this legation. The inclosure embraces Nos. 102, 103, 104, 106, 108, 109, 110, 111, 112, 113, 114. One old case, that of Louis Lang (No. 107), remains without notice of final decision from foreign office, although the complainant long since returned to the United States, the execution of the judgment being suspended.
There are five more recent cases (Nos. 115, 116, 117, 118, 119) now pending, four of which have arisen since my arrival in September, and all of which received the immediate attention of this legation. Two of these cases are complaints against expulsion from the Empire of American citizens.
There are numerous cases, outside of those reported, of which this legation has been able to obtain satisfactory settlement by its correspondence with the complainants, and through them with the local authorities.
I have, &c.,
Annual report of military cases.
Berlin , November 3, 1884.
(102) Max Winkelhausen.—Born at Danzig, Prussia, March 14, 1856; emigrated May 7, 1876, when twenty years of age; naturalized August 28, 1882.
After further correspondence, on April 21, 1883, the facts in detail were communicated to this legation, and on the same day the legation intervened at the foreign office, submitting the facts in the case, from which it appears that Winkelhausen had returned in January, 1882, on a visit to his native place, where he was arrested on [Page 207] the 19th of the following month, for alleged evasion of military duty, and not set at liberty until he had paid a tire of 150 marks, which he paid under protest, and to avoid being imprisoned for the period of four weeks. This action by the authorities had been taken notwithstanding the fact that Winkelhausen’s certificate of naturalization had been deposited with the local police authorities. The foreign office was requested to cause an investigation to be made, and the amount of the fine to be returned if the essential facts of the case were found to be as stated.
Winkelhausen’s certificate of naturalization and his receipt for the payment of the fine were inclosed with the note of intervention. On the 25th of April the foreign office acknowledged the receipt of this communication, and stated that an investigation had been ordered. On the 8th of May following, Winkelhausen informed the legation that he desired to have his certificate of naturalization back, as he must speedily return to the United States, and that he had empowered his brother, at Danzig, to receive his fine when it should be returned. On October 31 following, the foreign office informed the legation that the fine had been remitted and the return of the amount paid ordered. The foreign office at the same time returned Winkelhausen’s papers, which were on the same day sent to his brother, at Danzig, with notice of the decision.
(103) Marcus Broom.—BOTH at Neustadt-on-the-Warthe, in Germany, November 17, 1854; emigrated October 24, 1870, at the age of sixteen, to the United States; naturalized October 9, 1880.
After some correspondence, the facts in detail, respecting his case were communicated to the legation on May 18, 1883, and on that day the legation submitted to the foreign office his complaint that the local authorities at Neustadt, to which place he had returned April 20, 1882, were seeking to enforce the payment of a fine of 200 marks by collection from the firm of Gebrueder Brumm, at that place, of which Marcus Broom was a member, the fine having been imposed for alleged evasion of military duty in Germany by the land court at Ostrowo. The foreign office was requested to cause an investigation to be made and the fine to be remitted, the facts proving to be as stated. Broom was on the same day informed that the legation had intervened in his behalf.
After some further correspondence, the legation, on the 29th of November following, notified Broom of the favorable conclusion of the investigation in his case, the foreign office having on that day informed the legation that his fine, together with the costs, had been remitted.
The circumstance of his being engaged in business in Germany, and of his having changed his name from “Brumm” to “Broom” in the United States, before his return to his native place, probably contributed to the exceptionally long time consumed in the settlement of his case.
(104) Henry Bendixen.—Born at Neisgau, district of Flensburg, Germany, September 29, 1854; emigrated, at the age of nineteen, in July, 1873, to the United States; naturalized November, 1882.
After some correspondence, the facts in detail concerning his case were communicated to the legation on June 23, 1883. The legation on the same day submitted to the foreign office his complaint of the treatment he had received at the hands of the local authorities, it appearing that he had returned to Germany on May 5, 1883, to make a brief visit to his relations, intending to return to the United States in the month of August following; that upon a summons from the hardesvogt, received very shortly after his arrival, he delivered up his certificate of naturalization, under an assurance that it should soon be returned; that it was, however, still retained by the local authorities, although its return had been repeatedly requested. He had been informed that he must pay a fine of 150 marks, with 28 marks costs, for evasion of military duty in Germany, or suffer imprisonment, which he paid to avoid the penalty.
The legation expressed the hope that the foreign office would, if the facts were, upon investigation, found to be true, cause all proceeding against Bendixen to be discontinued, and the fine and his certificate of naturalization to be returned, adding that it had not been able to verify his statement as to his naturalization, owing to the circumstances that his proof of the fact was in the hands of the local authorities. The legation informed Bendixen on the same day of its intervention on his behalf. A few days later the legation transmitted to the foreign office Bendixen’s certificate of naturalization, which had in the mean time been received from him, the authorities having given it him back.
After some correspondence with Bendixen relating to his desire to be furnished with some paper to be used in lieu of his certificate of naturalization in facilitating his departure from Germany for the United States, which the legation gave him, and relating also to his wish to have his case speedily settled, the legation, on December 20 following, again called the attention of the foreign office to the same, notifying Bendixen on the same day that it had done so. This communication the foreign office acknowledged on the 29th of that month, and on January 26 following informed the legation that the fine and the costs had been remitted and the return of the same ordered. Bendixen was at once informed of these facts, and on the 29th of February [Page 208] informed the legation, in a letter addressed to it from the United States, that he had received hack his fine and papers.
(105) Already reported. (See Carl W. Geiler’s case, reported by Minister Sargent with his dispatch No. 203, of October 20, 1883.)
(106) George E. de la Roi.—Born at Berlin, June 25, 1856; emigrated, at the age of sixteen, in October, 1872, to the United States; naturalized October 14, 1878.
He called at the legation on July 19, 1883, and stated his case fully in person. The legation submitted it to the foreign office on the same day, as follows: He had returned to Berlin in May, 1881, on a visit intended to last two months. While he was-in the United States, viz, on May 1, 1880, the land court at Berlin had entered a fine, including costs, of 160 marks, for evasion of military duty in Germany, with the alternative of one month’s imprisonment. He had now been served with the process of said court in execution of said judgment, and had been informed that he must forthwith pay said fine or suffer such imprisonment, although he had exhibited to the court his certificate of naturalization. The legation inclosed to the foreign office Mr. de la Roi’s certificate of naturalization and the decree of the court, requesting that if upon investigation the facts stated were found correct he should be relieved from the operation of the said judgment.
On July 23 the foreign office acknowledged the receipt of the legation’s note of intervention, and on October 31 following informed the legation that the fine and costs had been remitted, and returned de la Roi’s papers, which were transmitted to him by the legation, with the intelligence of the decision in his case, on the same-day.
(107) Louis Lang.—Unfinished.
(108) Klaus H. Friedrichsen.—Born — —, 1857, at Meggersdorf, Schleswig; emigrated February 20, 1878, to the United States; naturalized March 28, 1883.
After some correspondence with Friedrichsen’s father, the legation was furnished with the detailed facts in the case on October 22, 1883, and on the same day submitted! the following statements to the foreign office:
Having returned to his native place on a visit to his parents in May 1883, he was, on the 16th of July following, although he exhibited his certificate of naturalization, forced by the police authorities to pay a fine of 150 marks, for alleged evasion of military duty in Germany.
On the 15th of August following Friedrichsen returned to the United States, and now requested that the fine he had paid should be returned to his father. Friedrichsen’s certificate of naturalization was inclosed, and the foreign office requested to cause the line to be remitted and to be returned to his father, who was at once informed that the legation had intervened in behalf of his son.
On the 27th of October the foreign office acknowledged the receipt of the legation’s communication, and on July 18 following informed it that the fine had been remitted and repayment ordered, returning at the same time Friedrichsen’s certificate of naturalization, which was the same day transmitted to his father, with notice of the decision.
(109) Peter B. Brodersen.—Born at Klintum, island of Föhr, Germany, September 13, 1855; emigrated March 28, 1873; naturalized June 18, 1880.
After some previous correspondence with Brodersen, the legation was, on December 4, 1884, furnished by nun with the full facts in his case, which were presented to the foreign office on the same day, as follows:
Brodersen returned to his native land on a visit in August, 1883, and on the 16th of November following was compelled by the local authorities to pay a fine amounting, with costs, to 207 marks and 20 pfennigs. Brodersen’s certificate of naturalization and the receipt for the payment of the fine were inclosed to the foreign office, with request that the fine be repaid to Brodersen, who purposed returning to the United States in the month of April following.
It appeared further that Brodersen had, upon his arrival at his native place, deposited his certificate of naturalization with the local authorities, with the request that he be permitted to sojourn in Germany for some months, in reply to which request they informed him that two years’ residence would be allowed him, provided he did not incite others to emigrate. The authorities had, however, after he had sojourned at Klintum for two months, compelled him to pay the fine referred to, imposed for evasion of military duty, under penalty of four weeks’ imprisonment.
Brodersen was immediately informed of the legation’s intervention, and on the 17th of December the foreign office acknowledged the receipt of its communication.
Thereafter some correspondence occurred between Brodersen and the legation relating to his desire to be furnished with a certificate in lieu of his certificate of naturalization, still in the hands of the foreign office, to facilitate his early departure from Germany to the United States, which was furnished him. On the 18th of July following the foreign office informed the legation that Brodersen’s fine had been remitted, with the costs, and returned his papers, which were transmitted to Brodersen, together with notice of the decision by the legation, on the same day.
[Page 209](110)Gustav Held.—Born at Frankfort-on-the-Oder, Germany, June 29, 1851; emigrated to the United States, at the age of twenty-three, in March, 1874; naturalized February 17, 1883.
The legation submitted Held’s case to the foreign office on December 13, 1883, he having on that day called in person and stated his case. His complaint submitted to the foreign office was as follows: After serving two years in the German army he received an honorable discharge and emigrated to the United States. He returned on July 30, 1883, on a visit to his native country, and on the 13th of December following received a summons from the Amts-court at Berlin, to which city he had come with the purpose of residing there for two years, to pay a fine of 30 marks, the demand for which had been forwarded for collection by the Amts-court at his native place, Frankfort-on-the-Oder.
The legation inclosed Held’s certificate of naturalization, requesting that the fine paid by him, under threat of imprisonment, might be repaid if the facts stated were found upon investigation to be correct. The foreign office acknowledged the receipt of this communication on the 22d of December, and on the 26th of September following informed the legation that the fine had been remitted, and returned Held’s certificate of naturalization, which was on the same day transmitted to him, with intelligence of the decision reached.
(111) Adolph Gerson.—Born at Inowraclow, Prussia, December, 29, 1855; emigrated to the United States, at the age of eighteen, in September, 1873; naturalized May 26, 1880.
After a lengthy correspondence, Gerson at last furnished the legation with the needed facts in his case on April 12, 1884, and on the same day the legation presented his complaiut to the foreign office, as follows: Having returned to Germany on a visit May 26, 1883, Gerson was, in June of that year, compelled by the authorities of Inowraclow to pay a fine of 200 marks, for non-performance of military duty. The legation added the usual request for an investigation of the case and the remission of the fine, and inclosed Gerson’s certificate of naturalization. On the 21st of April the foreign office acknowledged the receipt of the legation’s communication. After some intermediate correspondence between the legation and Gerson touching the progress made in the case, the foreign office informed the legation that his fine and costs had been remitted, and returned his certificate of naturalization, which the legation transmitted to Gerson on the same day, with notice of the result reached in his case.
(112) John Kubis.—Born at Neuteich, Prussia, February 28, 1851; emigrated, at the age of twenty-five, to the United States, in April, 1876; naturalized December 27, 1881.
After some correspondence, Kubis furnished the legation with the details of his case on the 21st day of April, 1884, and on the same day the legation submitted to the foreign office his complaint, which was as follows: Kubis returned to Germany on a visit on the 26th of March, 1884, and while staying with his brother at Dratzig, Bromberg, was, on the 3d day of April following, forced by the local authorities to pay a fine of 50 marks and 25 pfennigs, for alleged evasion of military duty in Germany, under a judgement by the royal schöffen court of Filchoe.
The legation inclosed the receipt for the payment of the fine, and Kubis’s certificate of naturalization, with a request that the case be investigated and the fine returned if the essential facts were found to be correctly stated.
On April 25 this communication was acknowledged by the foreign office.
After this ensued some correspondence between the legation and Kubis concerning a paper which he needed in lieu of his certificate of naturalization, still in the hands of the foreign office, to enable him to embark from a German port for the United States, which paper the legation furnished him.
On August 16 following the foreign office informed the legation that Kubis’s fine had been remitted and its repayment ordered, returning at the same time his certificate of naturalization, which was on the same day forwarded to him by the legation, with notice of the remission and repayment of his fine.
(113) Casper Nagel,—Born at Nierentrop, Prussia, August 27, 1854; emigrated, at the age of twenty, to the United States, August 20, 1874; naturalized April 30, 1883.
After much correspondence between Nagel and the legation, and with some hesitation on its part, owing to the fact that he appeared to have deserted from the German army before emigration, although he denied having done so, the legation having been furnished with the needed details in his case, submitted his complaint to the foreign office on May 5, 1884, as follows:
Having returned to Germany on June 9, 1883, Nagel was informed that an attachment of 600 marks, for evasion of military duty, had been laid upon his property. Under date of May 3, 1884, he wrote to the legation that he had, on March 18 last, been arrested at his home in Nierentrop and taken to Frankfort-on-the-Main, where he was detained at the garrison hospital. Nagel’s certificate of naturalization was inclosed, [Page 210] with the request that the case might be immediately investigated, as he desired to return to America at once.
On May 10 this communication was acknowledged, and on the 16th of July following the foreign office informed the legation that Nagel had, on attaining the proper age, been duly enrolled as a recruit in the in fan try of the guard, and granted a leave of absence before being assigned to a regiment, during which absence he emigrated, and was in consequence considered a deserter, and sentenced, in contumaciam, to a fine of 600 marks. This provisional sentence was cancelled on his return, and he was sentenced, as a deserter, to seven months’ imprisonment. As his bodily ailments made him at present unfit for military duty, he had been taken, upon his arrest, to the hospital at Frankfort-on-the-Main.
The legation, under date of July 17, 1884 (dispatch 307), reported the case fully to the Department of State, and also communicated the decision to Nagel, returning to him at the same time his certificate of naturalization.
(114) Charles Reupert.—Born at Gelsenkirchen, Prussia, September 12, 1861; emigrated at the age of seventeen years to the United States; naturalized June 30, 1884.
The legation having on the 30th of July, 1884, been placed by the American consulate at Barmen in possession of the necessary details in Reupert’s case, intervened for him at the foreign office on the same day, submitting his complaints, as follows:
Having returned in the-early part of July, 1884, to Germany to visit his parents, residing at Brau Bauerschaft, in Westphalia, Reupert was, on the 23d of that month, arrested by the military authorities at Wesel and enrolled for three years’ service in the Fifty-sixth Infantry Regiment. The foreign office was requested, in view of Mie circumstances, to cause Reupert to be released from military service pending the investigation of the case, and to grant him a full discharge from all military obligations or penalties if the facts should be found to be as stated, and inclosed his certificate of naturalization. This communication was acknowledged on the 5th of August following.
After some correspondence between Reupert and the legation as to the progress made in his ease, the foreign office, on the 9th of October following, returned Reupert’s certificate of naturalization and informed the legation, that he had; been discharged from the army, adding that he had made no claim whatever of American citizenship when arrested for enrollment in the army. Reupert and the consulate at Barmen were at once informed of this result, and Reupert’s certificate of naturalization was returned to him.