No. 284.

Mr. Kasson to Mr. Frelinghuysen.

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.

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.,

Secretary of Legation.
[Inclosure 2 in No. 94.—Translation.]

Mr. Krausse to Mr. Kasson.

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.,

Vice Commercial Agent.
[Inclosure 3 in No. 94.—Translation.]


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.

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.