Herewith I now inclose the complaint of Ernst F. Heitmüller, which presents
an instance of such grave injustice that it became my duty to request of the
German Government some action beyond its ordinary course, and in special
condemnation of the local officials who committed the wrong. The case is
stated in my note to the foreign office, copy of
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which is herewith inclosed, together with an
acknowledgment received from that office, and translation of the same.
The response of the foreign office may be delayed beyond my term of service;
and the case may tend to influence such instructions on the general subject
as you shall desire to give to my successor. I therefore forward it without
awaiting the reply.
[Inclosure 1 in No. 223.]
Mr. Kasson to Dr.
Busch.
Legation of the United States,
Berlin, January 29,
1885.
The undersigned, envoy, &c., of the United States of America, begs
the attention of Dr. Busch, under secretary of state, &c, in charge
of the imperial foreign office, to the case of Ernst F. Heitmüller, and
to the facts alleged by him to be true as hereinafter stated.
The said Heitmüller was born at Hüpede, Kreis Wennigsen, Hanover, on
December 25, 1860, emigrated to the United States in January, 1878, and
has since that time continuously resided in the United States. He was
lawfully naturalized as a citizen of that country on the 10th of
November, 1884, as appears by the original certificate herewith
inclosed. He returned to Germany a few weeks since for a temporary
visit, in order to collect a sum of money inherited by him, arriving at
Hüpede on the 5th of December last. On the 9th of December he announced
his presence to the Gemeinde Vorsteher, stating
his purpose to remain about six months to collect the inheritance, and
at the same time exhibiting his citizen paper, showing himself to be an
American citizen. Two days later, on the 11th, a gendarme came to the
house of his stepmother, where he was staying, and said he must arrest
him and take him to Hanover, adding that if he had money he could go by
rail, otherwise they would have to walk, a distance of some 9 miles. He
inquired for what he was arrested. The gendarme replied, it was not yet
certain he had arrested the right man.
On his arrival at Hanover he was taken to the jail (Zellmgefangniss), where a police official caused all his
personal effects, money, citizen paper, and other papers to be taken
from him. He called attention at the time to his American citizenship
and to the paper proving it. The official made a note on a protocol or
paper, and Heitmüller was then conducted to a cell.
On the next day, December 12, he was brought before another official, who
said to him, “You are Frederich Heitmüller, and have been fined for
evasion of military duty.” He replied, “My name is Ernst Heitmüller,”
and then he was sent back to his cell. On the next day, 13th December,
he was brought again before the official, who told him he had been fined
300 marks for evasion of military duty, which he must pay with costs. He
answered that he had not the money with him, but would procure it if
allowed three days’ time. He was answered this could not be done, but he
should announce to the Gefängniss Vorstand that
he wished to write a letter. He was taken back to his cell, and demanded
of the jailer (Gefangenen-Aufseher) to obtain for
him from the Vorstand permission to write a
letter. The jailer put him off from day to day, and finally informed him
that he could not write until he had passed a month at the prison.
His cousin meantime found out his place of confinement and visited him in
prison on January 3. The facts were reported immediately to Heitmüller’s
uncle, who on January 5, was permitted to pay the fine and obtain his
release. In that payment an allowance at the rate of 5 marks per day
during an imprisonment of 26 days was made, equal to 130 marks, and a
balance of 240.54 marks was paid in money.
The undersigned has therefore the honor to request that the alleged facts
may be investigated. If found to be correctly stated, he does not allow
himself to doubt that his Imperial Majesty’s Government will appreciate
the gravity of the offense committed by the local officers referred to
against a peaceful American citizen, who gave them the proof of his
citizenship, which exempted him from liability according to the treaty
of 1868, and under the explicit orders of the minister of justice (July
5, 1868), and of the minister of the interior (July 6, 1868).
The offense appears to be aggravated by the unusual denial of the
privilege of communicating by letter with either his relations or the
officers” of his own Government, and by the unnecessary prolongation of
his confinement. Under these circumstances, if verified, it is hoped
that His Majesty’s Government will not find its sense
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of justice satisfied by the refunding of
the fine; but will also find a method of signifying to the offending
officials its sense of the unusual hardships inflicted upon the
complainant without cause.
While requesting the eventual return of the inclosed certificate of
naturalization, the undersigned takes, &c.
