No. 284.
Mr. Kasson to Mr.
Frelinghuysen.
Legation of
the United States,
Berlin, December 6, 1884.
(Received December 22.)
No. 94.]
Sir: I transmit to the Department herewith the
record of the action of this legation upon a peculiar question of
citizenship.
Karl Klingenineyer’s father was born in Wurtemberg, emigrated to the United
States, was naturalized there, and returned with his family to Germany in
1860, where he continued to live till his death, in 1881, and had no
intention to return to the United States after his resumption of residence
in Germany.
Karl, the son, was born in 1862 in Wurtemberg; has never seen the United
States; has no intention of residing there, and wishes to marry and live
here. On July 23, 1880, upon his affidavit that he was born in Philadelphia
about the 9th of February, 1802, my predecessor issued to him a passport as
an American citizen. He now wishes a certificate as an American in aid of
his marriage. On investigation of the facts I ordered the former passport
canceled, as obtained by false swearing, and refused him recognition as a
citizen, by reason of his father’s renunciation
[Page 391]
of American citizenship [Article IV, treaty 1868],
combined with his own native German birth and free choice of German
residence, without intention of going to the United States. The facts in
detail appear in the correspondence.
I have, &c.,
[Inclosure 1 in No. 94.]
Mr. Coleman to Mr.
Krausse.
Legation of the United States,
Berlin, November 1,
1884.
Sir: Yours of the 30th ultimo is received. It
appears that Karl Klingenmeyer, although having sworn in obtaining his
passport issued by this legation (No. 275) on the 23d day of July, 1880,
that he was born in the city of Philadelphia on or about the 9th of
February, 1862, was in fact born at Heidenheim, in Wurtemberg, and has
never been at all within the territory of the United States. It further
appears that his father, after being naturalized, returned to Germany in
1860, prior to the birth of Karl, and always lived there, without the
intention to return to the United States, until his death in 1881. The
said Karl is now 22 years of age, and purposes to marry in Germany, and
has no purpose of going to the United States.
Under these circumstances the legation declines to recognize the said
Karl as an American citizen, and in view of the fact that the passport
(No. 275) was obtained by falsely swearing as to his birth, the same is
retained by this legation, and will be canceled unless said Karl
Klingenmeyer is able to give satisfactory explanations touching the
apparent perjury, or shows error in what appears now to be the facts in
the case.
The record relating to the certificates necessary for Klingenmeyer’s
marriage received from you is returned herewith.
By direction of the minister.
I remain, &c.,
C. COLEMAN,
Secretary of
Legation.
[Inclosure 2 in No.
94.—Translation.]
Mr. Krausse to Mr.
Kasson.
Commercial Agency of the United States,
Mayence, November 27, 1884.
I refer to my letter of the 31st October, and have the honor to inclose
to you herewith three further documents, in the original, which I have
received, in the Klingenmeyer affair. Since, according to my views, Art.
4 of the treaty of February 22, 1868, does apply to Klingenmeyer, I beg
to be instructed as to the further treatment of this matter.
With great respect, &c.,
RUD. KRAUSSE,
Vice Commercial
Agent.
[Inclosure 3 in No.
94.—Translation.]
certificate.
Grand
Duchy of Hessen,
Office of
Grand Ducal Burgomaster,
Worms, November 18,
1884.
It is hereby certified for Karl Klingenmeyer, born at Heidenheim, Kingdom
of Wurtemberg, on February 14, 1862, that pursuant to a decision of the
Kreisamt of Worms of September 30 last, the German treaties with the
United States and in particular Article IV of the treaty of February 22,
1868, can have no application to him, and that he rather is to be simply
treated as an American citizen, because he was born as an American
citizen.
Office of Grand Ducal Burgomaster.
[Page 392]
[Inclosure 4 in No. 94.]
Mr. Kasson to Mr.
Krausse.
Legation of the United States,
Berlin, December 4,
1884.
Sir: I have examined the papers accompanying
your note of the 27th ultimo. They do not change the facts in the case,
nor explain the false swearing in procuring the former passport. The
father of the applicant, Klingenmeyer, had prior to his death renounced
his American citizenship under the first paragraph of the fourth article
of the treaty of 1868. Upon the facts as recited in my former letter,
and which are not denied, Karl Klingenmeyer must take the citizenship of
his birth, and which, after he-coming of age, he maintains.
The legation adheres to its former decision.
Your inclosures are herewith returned.
