No. 278.
Mr. Pendleton to Mr. Bayard.

No. 418.]

Sir: The Berliner Tageblatt, in its morning issue of to-day, contains a local article giving what purports to be a decision of the administrative authorities concerning the acquisition and loss of citizenship in Germany and the effect of the treaty of February 22, 1868, in reference thereto.

There seems to be nothing particularly new in this resumé of the decision, except possibly in the notice that remonstrance against proceedings of expulsion will not be heard by the administrative authorities, and that the provisions of the fifth paragraph of Article 21, of the [Page 387] law of June 1, 1870, does not apply to persons who have lost their German citizenship by reason of naturalization in a foreign country.

I fail to see the pertinency of this local article to any matter discussed to-day in the above paper, or to any course or matter, depending before the Imperial or state authorities, so far as this legation is advised.

I send herewith the extract from the Berliner Tageblatt, with translation, and the original and translation of subdivision 5 of section 21 of the Imperial law referred to.

I have etc.,

Geo. H. Pendleton.
[Inclosure 1 in No. 418.—Translation. ]

In the mean time a decision of the superior court of administration has been communicated to the Prussian administrative authorities which settles the following:

The provisions of the treaty concluded with the United States of America in relation to citizenship have undergone no change by reason of section 21 of the Imperial law of June 1, 1870, concerning the acquisition and loss of German citizenship in the Empire and state, but have rather received a clear interpretation, that the acquisition of citizenship in the United States, in conjunction with five years uninterrupted residence there, works a loss of citizenship in Germany, and that hence such persons are subject to expulsion from the country until their reacquisition of German citizenship, and that this expulsion can not be called in question by remonstrance to the administrative authorities.
The right of reacquiring citizenship in Germany, according to section 21, subdivision 5, of the Imperial law of June 1, 1870, does not extend to persons for whom the acquisition of a foreign citizenship has worked the loss of German citizenship in the Empire and state.

[Inclosure 2 in No. 418.—Translation.]

Subdivision 5 of section 21 of the Imperial law of June 1, 1870, is as follows:

German subjects “who have lost their citizenship by ten years’ residence in a foreign country and subsequently return to the territory of the North German Confederation, acquire citizenship in that state of the confederation in which they take up their residence by a decree of admission of the superior administrative authorities, which must be issued to them at their application.”