No. 300.

Mr. Pendleton to Mr. Bayard.

No. 13.]

Sir: I have the honor to transmit herewith the correspondence between this legation and the foreign office, relating to the expulsion from Prussia of Meyer Gad, a naturalized citizen of the United States.

The reasons for Count Hatzfeldtfs refusal to grant the request for a longer sojourn by Gad in this country, made by my predecessor, Mr. Kasson, are set forth at some length in the note of the 16th instant, from the foreign office.

Stress is laid on the fact that Gad had already been expelled from Prussia while a Russian subject, and before his naturalization in the United States, and it is argued that the treaty of February 22, 1868, between the United States and the North German Confederation, does not apply to his case as he has never been a German subject.

It is intimated that circumstances indicate that Gad has no intention of returning to the United States, that he has committed dishonest acts in Prussia, and it is stated, in conclusion, that his past history would not seem to justify exceptional consideration for his wishes.

Gad’s expulsion is probably owing in a great measure to the fact that he was formerly a Russian subject. The policy of expelling Russians coming into Prussia to settle is being rigorously prosecuted by this Government for the reason, no doubt, that such immigration tends to arrest the Germanization of that portion of Prussia which borders on Russian-Poland and is largely inhabited by persons of Polish origin.

Gad has been informed of the adverse decision in his case.

I have, &c.,

[Inclosure in 1 No. 13.]

Mr. Kasson to Count Hatzfeldt.

The undersigned, envoy, &c., of the United States of America, has the honor to request the friendly and early attention of his excellency Count Hatzfeldt, imperial secretary of state for foreign affairs, &c., to the following statement and request of Meyer Gad, a citizen of the United States, now temporarily sojourning at Kempen in Posen.

It is alleged that the said Meyer Gad, then being a Russian subject, emigrated to the United States 1879, from which time he has resided there until his recent return to Prussia on a visit and to dispose of business. He was naturalized in America in due form of law, as appears by the certificate dated the 30th day of September, 1884.

It is also stated that he was ordered to leave Kempen prior to his emigration, solely on the ground of his being a Russian subject, no offense being charged against him. His object now is to sell some property belonging to him, at or near Kempen, and then return with his family to the United States for permanent residence.

It is now reported to this legation that the landrath of the district has ordered him to leave without special cause therefor, before the 4th day of May, prior to which time he will not be able to complete the disposition of his property. His intention always is to return to the United States in August next.

Under these circumstances the undersigned feels assured His Majesty’s Government will find it just to give him the benefits of the treaty, and to direct the local authorities to allow the said naturalized citizen to complete his lawful business in Prussia so long as he is obedient to the laws. He therefore has the honor to request his excellency to cause the order of the landrath to be suspended pending an investigation of [Page 420] the facts, and if these are found to he correctly stated, that order may be issued in compliance with the applicant’s request.

Submitting herewith the certificate of American naturalization of said Meyer Gad with the request for the eventual return of the same, the undersigned profits, &c.

[Inclosure 2 in No. 13.—Translation.]

Count Hatzfeldt to Mr. Coleman.

Replying to the esteemed note of the 20th of April last, the undersigned has the honor to inform Mr. Chapman Coleman, chargé d’affaires ad interim of the United States of America, that, to his regret, the request, advocated by the envoy, Mr. Kasson, of Meyer God (rightly spelled Gad) for permission to sojourn longer in Prussia, could not, under existing circumstances be complied with.

The former Russian subject, Meyer Gad, had already been expelled from Prussia in the year 1878, after having been discharged from the service of the merchant Block, at Kempen, at that time his master, for several dishonest acts. He thereupon went to Austria and then to America, where he has acquired American citizenship. Ashe has never been a German, the North German American treaty of February 22, 1868, cannot apply to his case.

After an application made in 1882 by the wife of Gad, residing at Kempen, for permission for her husband to sojourn there, had been refused, the latter himself appeared at Kempen at the beginning of February last with the purpose of settling there. He was directed that he must leave the territory of Prussia within six weeks.

With this direction he did not comply, and later on, in a communication addressed to the “landrath” at Kempen, he declared that it was his purpose to commence at this place a business with a capital of 10,000 marks, which he claimed to possess. From this it would seem to appear that Gad, contrary to the assumption contained in the note of the envoy, did not, in reality, even have the intention of returning to America.

Although in general, sojourn in the German Empire, in so far as particular reasons to the contrary do not exist, is permitted to citizens of the United States, as also to other foreigners, the royal Prussian minister of the interior is nevertheless of the opinion that the measure of expulsion adopted against Gad before his naturalization as an American citizen must be maintained, and the more for the reason that his personality and his past history would not seem to justify exceptional consideration for his wishes.

The undersigned, &c.