No. 278.
Mr. Pendleton to Mr. Bayard.
Legation of
the United States,
Berlin, April 7, 1887.
(Received April 25.)
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.,
[Inclosure 1 in No.
418.—Translation.
—Berliner
Tageblatt, April 7,
1887.
]
In the mean time a decision of the superior court of administration has
been communicated to the Prussian administrative authorities which
settles the following:
- (1)
- 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.
- (2)
- 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.”
