No. 303.
Mr. Pendleton to Mr.
Bayard.
Legation of
the United States,
Berlin, July 16, 1885.
(Received July 27.)
No. 36.]
Sir: I have the honor to transmit herewith copies
of the correspondence between this legation and the foreign office
concerning the case of David Lemberger, a citizen of the United States, to
whom the authorities of Wurtemberg have given the alternative of leaving the
country or acquiring naturalization in one of the federal states of
Germany.
Count Hatzfeldt’s note of the 14th instant, just received, in reply to my
note of the 3d ultimo in behalf of Lemberger, informs me that he cannot
advise the authorities of Wurtemberg to withdraw the said order.
The general principles of the note of the foreign office of the date of May
16, 1885, a copy of which, with translation, was transmitted with Mr.
Kasson’s No. 265, of May 19th last, are stated as the grounds on
[Page 424]
which the minister declines to
intervene with those authorities as I had requested.
The correspondence between this legation and the consul at Stuttgart shows,
that on the request of Mr. Lemberger, preferred by himself without the
knowledge of this legation, several extensions of time have been
granted.
The last extension, until the 20th instant, mentioned in the note of Count
Hatzfeldt, is now for the first time brought to my knowledge.
It will be observed that in August of last year the legation intervened
successfully in behalf of Mr. Lemberger, and secured his exemption from
military service.
I sent immediately to Mr. Lemberger a copy of Count Hatzfeldt’s last note,
that he might be advised at the earliest moment.
Reserving for another communication the answer which I may think proper to
send to the foreign office under the circumstances, whilst awaiting your
instructions,
I have, &c.,
[Inclosure 1 in No. 36.]
Mr. Everett to
Count Hatzfeldt.
Legation of the United States,
Berlin, August 22,
1884.
The undersigned, chargé d’affaires ad interim of
the United States of America, has the honor to call the attention of his
excellency Count Hatzfeldt, &c., to the case of Mr. David Lemberger,
a native-born citizen of the United States.
From the statements made on oath and testified to before the United
States consul at Stuttgart, it appears that the said David Lemberger was
born in the United States on the 28th July, 1862; that his father was
naturalized as an American citizen on the 23d March, 1860; that the son
left the United States in May, 18’70, and is now a resident of Rexingen
O. A. Horb, Wurtemberg. It also appears that David Lemberger has been
mustered into the one hundred and fifth infantry regiment, and ordered
to appear for service on the 6th November next.
The undersigned would respectfully represent that as Mr. Lemberger is a
native-born American citizen, 22 years of age, and has never been
naturalized in Germany, he is in no sense a German subject, and
consequently not liable to military service. The undersigned cannot
furnish Mr. Lemberger’s birth certificate, but it appears by his “urlaubspass” (leave of absence), which is
herewith inclosed with the respectful request for its ultimate return,
that his American birth is not questioned by the military
authorities.
The undersigned would respectfully request that this case may receive
early investigation, and if the facts prove to bo as stated, that Mr.
Lemberger may be released from military service.
The undersigned, while inclosing Mr. Lemberger’s passport as an American
citizen, with the request for its ultimate return, avails, &c.
[Inclosure in No.
36.—Translation.]
Count Hatzfeldt to
Mr. Kasson.
Foreign
Office,
Berlin,
April 26, 1885.
The undersigned has the honor, while returning the inclosures of the note
of the 22d August last, to inform the envoy extraordinary and minister
plenipotentiary of the United States of America, Mr. John A. Kasson,
that the name of David Lemberger, now sojourning at Rexingen, has been
stricken from the German military rolls, it having been ascertained that
he cannot be considered a subject of the German Empire.
The undersigned avails, &c.
[Page 425]
[Inclosure 3 in No. 36.]
Mr. Pendleton to
Count Hatzfeldt.
Legation of the United States,
Berlin, June 3,
1885.
The undersigned, envoy, &c., of the United States of America, has the
honor to invite the attention of his excellency, Count Hatzfeldt,
imperial secretary of state for foreign affairs, to the case of David
Lemberger, a native citizen of the United States.
This legation has heretofore, under date of August 22, 1884, had occasion
to appeal to his excellency in behalf of Lemberger, who had at that time
been mustered into the one hundred and fifth infantry regiment of the
German army and ordered to report for service on the 6th of November
following. The submission of the case was followed by the gratifying
result announced in his excellency’s note of April 26 last, that
Lemberger’s name was stricken from the German military lists, it having
been found that he could not be regarded as a subject of the Empire.
The facts relating to Lemberger’s birth, and to the nationality of
himself and father, as testified to under oath, and as presented to his
excellency in the former note from this legation above referred to, are
the following: He was born in the United States on the 28th of July,
1862; his father was naturalized as an American citizen on the 23d of
March, 1860; and the son afterward left the United States and came to
Germany.
Lemberger, who is residing at Rexingen, in
Wurtemberg, where, so far as the legation is aware, he has conducted
himself in a peaceful and law-abiding manner, was notified in a written
communication, dated May 28 last, through the medium of the “Schultheissenamt” of Rexingen, that he must acquire German allegiance by the 11th
of June, under penalty of expulsion.
The undersigned expresses the hope that in view of the short time
intervening before the 11th of June, an early investigation of his case
may be made, and that his excellency’s kind mediation may be used to
cause the measures taken against Lemberger to be discontinued.
The evidence of Lemberger’s American nationality cannot now be inclosed,
as it was restored by the legation to its owner, after it was returned
with the esteemed note of April the 26th last.
The undersigned herewith incloses, with the respectful request for its
ultimate return, the notice from the loyal authorities in Wurtemberg,
above referred to, and avails. &c.
[Inclosure 4 in No.
36.—Translation.]
Count Hatzfeldt to
Mr. Pendleton.
Foreign
Office,
Berlin,
July 11, 1885.
The undersigned has the honor to inform the envoy extraordinary and
minister plenipotentiary of the United States of America, Mr. George II.
Pendleton, in reply to the note of the 3d ultimo, concerning the citizen
of the United States of America, David Lemberger, now sojourning at
Rexingen, that pursuant to information received from the Royal
Wurtemberg Government, the said person has in fact been notified by the
appropriate authority that he must, under penalty of expulsion, within a
period which has been several times extended, in the last instance to
the 20th of this month, produce proof of his acquisition of nationality
within one of the states of the German Union.
The authority in question felt impelled to adopt this measure for the
reason that the said individual, in accordance with the occurrences
discussed in the note of April 26 last, from this office, belonged to
the class of persons who employ their foreign allegiance simply for the
purpose of evading military service in Germany, and to whom, therefore,
the general principles developed in the note of May 16 last apply.
While the undersigned regrets that he cannot under the circumstances
endeavor to effect a withdrawal of the measure taken by the Wurtemberg
authorities, against David Lemberger, and while he returns the inclosure
of the note first herein mentioned, he also avails, &c.
