No. 304.

Mr. Bayard to Mr. Pendleton .

No. 24.]

Sir: Your dispatch No. 36 of the 16th instant, reporting the case of David Lemberger, lately notified of his expulsion by the Wurtemberg authorities, unless he becomes a citizen of the German Empire, has been received and read with the greatest interest and attention.

It is noticed that Count Hatzfeldt bases his decision to expel Lemberger on the note from the foreign office to the legation of the 16th instant, which discusses the status of the sons of former subjects of the Empire who have returned to Germany after naturalization, and therefore, to meet his arguments, it will be necessary to show that Lemberger’s father did not return to Germany after naturalization. This fact does not appear in any of the correspondence forwarded with your dispatch, but may possibly be susceptible of proof from your correspondence with Lemberger himself or the consul at Stuttgart.

In replying to this instruction you should make this point perfectly clear, and also report any further correspondence you may have had on the case.

Be so good also to inform me whether Mr. Lemberger has left Germany, and for what destination, with his present address if known.

I am, &c.,

T. F. BAYARD.