No. 285.
Mr. Pendleton to Mr. Bayard.
Legation of
the United States,
Berlin, July 22, 1887.
(Received August 8.)
No. 482.]Sir: I have the honor to inclose herewith a copy of
my intervention in the case of Jacob Gallewski, naturalized in the United
States under the name of Jacob Phillips, and copy and translation of the
note of the foreign office in response.
It will be observed from the note of the foreign office that, in declining to
refund the fine which was collected from Phillips, the following statement
is made: That the fine was imposed whilst Phillips was still a German
subject, and was collected after he had remained in Germany beyond the two
years period allowed by the treaty of February 22, 1888, and that on the
29th of April, of this year, exactly twenty-five days after my intervention,
at his earnest solicitation, Phillips declared in a sworn statement before
the appropriate Prussian authority that he intended to remain permanently in
Germany, and did divest himself of all the right which he had until then
enjoyed as an American citizen.
I have, etc.,
[Page 398]
[Inclosure 1 in No. 482.]
Mr. Pendleton to
Count Bismarck.
Legation of the United States of America,
Berlin, April 5, 1887.
The undersigned, envoy, etc., of the United States of America, has the
honor to invite the attention of his excellency, Count
Bismarck-Schönhausen, Imperial secretary of state for foreign affairs,
to the case of-Jacob Gallewski, naturalized in the United States under
the name of Jacob Phillips.
The facts in this case as submitted by Phillips are as follows: He was
born at Kempen, Regierungsbezirk Posen, September 21, 1858, and
emigrated in July, 1873, to the United States, where he was naturalized
in the city of New York on the 5th day of May, 1884. In the course of
the same month he returned to his native country and is understood to
have been of late sojourning at Liegnitz, in Schlesien, at which place
he was, on the 25th of January last, compelled to pay 163 marks, and on
the 14th or 15th of February following, 45 marks, in all 208 marks, fine
and costs for alleged evasion of military duty in Prussia, in
consequence of his name having been found on the “Vollstreckungs” list
of the royal state attorney at Liegnitz. The in stant payment of the
amount demanded was enforced by the threat of immediate seizure of
property.
Phillips farther states that his certificate of naturalization and a
document proving his identity with Jacob Gallewski are in the hands of
the police authorities at Liegnitz, who refuse to deliver them to
him.
The undersigned begs that his excellency will kindly cause this case to
be investicated and the amount of the fine and costs collected from
Phillips to be returned to im, together with his papers above referred
to, if the essential facts shall be found to be as stated.
The undersigned incloses herewith two receipts, the one for 163 the other
for 45 marks, for the money collected from Phillips, with the respectful
request for the ultimate return of these papers; and avails himself of
this occasion, etc.
[Inclosure 2 in No.
482.—Translation.]
Count Berchem to
Mr. Pendleton.
Foreign
Office, Berlin, July 20,
1887.
After the receipt of the note of April 5 last, from the envoy
extraordinary and minister plenipotentiary of the United States of
America, Mr. George H. Pendleton, the inclosures of which are hereby
returned, the undersigned has not failed to take the necessary steps to
institute an examination of the affair of the former Prussian subject,
Jacob Gallewski, naturalized in the United States under the name of
Jacob Phillips. The result of the investigation is as follows:
The said person was condemned to pay a fine of 160 marks for evasion of
military duty, by the judgment of the royal Prussian court (Landgericht)
at Ostrowo on the 20th March, 1884. He was at that time still a Prussian
subject, inasmuch as he first acquired American citizenship at New York
on May 5, 1884. After Gallewski had, on the next day, provided himself
with an American passport for his return journey to Germany, he arrived
at Liegnitz on May 29, 1884, and has remained there uninterruptedly
since. Only on the 25th of January last did he pay the fine imposed on
him.
The costs of the proceedings, on the other hand, he has not yet settled;
rather only up to this time received a demand for their payment.
Gallewski had, as it is thus seen, at the time when the fine was
collected from him, already sojourned again in Germany beyond the two
years period prescribed by the fourth article of the treaty between the
North German Bund and the United States of America of February 22, 1868,
and could therefore be considered as renouncing his naturalization. Ho
has besides, on the 29th April of this year, declared in a protocol
before the appropriate Prussian authorities that he intended to remain
permanently in Germany, and did divest himself of all rights which he
had until then enjoyed as an American citizen.
Under these circumstances the appropriate Prussian authorities are of the
opinion that Gallewski can no longer claim the protection of the first
and second article of the said treaty, and therefore have not considered
it feasible to order the payment of the fine and the cancellation of the
costs.
Whilst the undersigned has the honor to inform the envoy of the above,
with the remark that the two papers in the said note mentioned,
belonging to the said Gallewski, shall be returned immediately by the
appropriate authorities, he avails himself of this occasion, etc.
