No. 298.

Mr. Kasson to Mr. Bayard .

No. 261.]

Sir: In order to preserve the history of the application of the German rules of December 31, 1884 (see my No. 189), to American naturalized citizens returning to Germany to reside, I transmit herewith the correspondence in the case of Constant A. Golly.

I have, &c.,

JOHN A. KASSON.
[Inclosure 1 in No. 261.]

Mr. Kasson to Count Hatzfeldt .

The undersigned, envoy, &c., of the United States of America, begs the early attention of his excellency, Count Hatzfeldt, imperial secretary of state for foreign affairs, &c., to the case of Constant A. Golly, as hereinafter stated by him.

The complainant, having been duly naturalized in the United States prior to 1880, and having a passport issued by the Department of State at Washington, on the 1st of April of that year made a temporary visit to his aged father at Feller in gen, near Wesserling, in Alsace. He again returned for a visit in January, 1884, finding his mother in poor health. His father was dead, and his own assistance required by his mother, he being an only child. He has continued since that date to aid the little business on which the family was dependent for support. He has all the while continued in his intention to return to the United States, and was only detained here by the business referred to, and by the earnest desire of his sickly mother, whom he thought it unfilial to leave under such circumstances. He was advised that no objection could properly be made to his stay, at least for two years. But now he has received a notice, under date of March 31, from the local authorities in Kreis Thaun, ordering him to leave the country in seven days on pain of expulsion. There is no statement of any disorderly conduct.

Under these circumstances the undersigned hopes that his excellency will be pleased to cause orders to be sent to suspend the execution of this order until due inquiry can be made into the facts. It is hardly necessary to call the attention of his excellency to the great hardships of such an order applied to a citizen who has embarked in business in aid of an aged parent, on faith of his rights under the treaty while he continues to comply with the laws of the country of his residence.

In requesting such prompt action and ultimate order as justice and right shall require, the undersigned takes, &c.

JOHN A. KASSON.
[Inclosure 2 in No. 261.—Translation.]

Count Hatzfeldt to Mr. Coleman .

Referring to the note of the envoy of the 6th ultimo (foreign office No. 49), concerning the complaint of Constant Golly, of Felleringen, in Alsace-Lorraine, the undersigned has the honor to impart to Mr. Chapman Coleman, chargé d’affaires of the United States of America, the following information received from the imperial stadtholder at Strasburg.

Constant Golly, born December 19, 1858, emigrated, holding a discharge from allegiance, dated January 5, 1875, and before the completion of his seventeenth year, from Alsace-Lorraine to the United States of America. On the 1st of January, 1884, he returned to Felleringen to his widowed mother, of whom he is the only child, and has remained there uninterruptedly since then. Widow Golly is sickly and aged; she possesses a not inconsiderable fortune and carries on a grocery business at Felleringen, the management of which she has for some time past intrusted almost exclusively to her son.

[Page 416]

Under these circumstances, and in view of the fact that Golly himself did not deny to the German authorities that he returned to Alsace-Lorraine to reside there permanently, the rules obtaining in Alsace-Lorraine with respect to persons who have emigrated from there in order to evade military duty were applied to his case, and he was expelled from the territory of Alsace-Lorraine by an order of the district president at Colmar, dated March 19, 1885. The execution of the measure was postponed by the district president until the 7th instant, because Golly, after receiving the order of expulsion, made the declaration that he would probably make application to have Alsace-Lorraine allegiance bestowed upon him again. In case he should not apply for renaturalization, the expulsion cannot be dispensed with, since it must be assumed, in accordance with the state of the case, that Golly only emigrated in order to avoid the fulfillment of the military duty.

The undersigned avails, &c.

v. HATZFELDT.