Papers Relating to the Foreign Relations of the United States, For the Year 1887, Transmitted to Congress, With a Message of the President, June 26, 1888

No. 289.
Mr. Pendleton to Mr. Bayard.

Legation of the United States,
Berlin, November 8, 1887. (Received November 21.)

No. 534.]

Sir: I have the honor to inclose herewith the report of military cases (prepared by Mr. Coleman, secretary of legation), which have required the attention of the legation and been brought to a conclusion.

The period embraced in this report is from November 2, 1885, to date, and refers to Cases No. 127 to No. 181, inclusive, excepting No. 128, heretofore reported with my dispatch No. 100, of November 2, 1885, and No. 176, which is unfinished. The latter, and one quite recently presented, constitute the only cases now pending.

It will be remembered that copies of the correspondence in each case as it arose were forwarded pari passu, on the suggestion of the Department.

I have, etc.,

Geo. H. Pendleton.

[Inclosure in No. 534.]

No. 127. Charles L. George.—Born at Lampertsloch, France, January 9, 1859, as the son of a naturalized American citizen of French birth; went with his father, in May, 1875, to the United States; procured his own naturalization May 10, 1884.

The principal facts and statements in the above case, as furnished to and received from the Department of State by the legation, with instruction No. 19, of July 7, 1885, and as submitted to the foreign office on August 13, 1885, were as follows:

Peter George, the father of Charles L. George, was a native of Germany (as a matter of fact he was born in France; this error was corrected in a subsequent note to the foreign office); emigrated to the United States, and was naturalized in the month of October, 1848; returned to Germany (France) in the year 1851, and afterwards married there, where the son was born January 9, 1859. In May, 1875, when the son was about sixteen years of age, he went with This father to the United States, where they had ever since resided at Philadelphia; Charles, by virtue of his father’s citizenship enjoying the rights of a citizen while a minor, and exercising the rights of voting when he attained the suitable age. In anticipation of a visit to Germany he tools the precaution of obtaining a certificate of naturalization of Ms own on May 10, 1884; returned to his birth-place, arriving there on the 2d of June following. Soon thereafter, on the 12th of July, he was arrested, as he was informed, on a judicial prosecution for avoidance of military duty to the German Government, and notwithstanding his appeal to his American citizenship, conveyed to prison at Strasburg, where, as he alleges, he was thrown among criminals, fed on unwholesome food, and put to hard work. When he had been imprisoned twenty days his friends petitioned for his release, but were told that he must remain in prison for forty days, which he did, and was then released. He claimed to have been ill from hard work and in consequence of poor diet when released, and to have continued to suffer for some time. When arrested ho had 63 marks on his person, which were taken from, and when released 40 marks 71 pfennigs were retained, as the authorities informed him, to pay for his board whilst in prison and his railroad transportation, although he had been forced to hard labor to pay for his meager food during all that time. The legation, after presenting the above statements, expressed the hope that satisfaction would be afforded him for the Injury he had sustained if the alleged facts were, after examination, found to be as stated. The certificates of naturalization of both father and son were inclosed to the foreign office in evidence of their citizenship, with a request for the ultimate return of those documents. Under date of January 22, 1886, the, foreign office replied to the note of this legation, denying absolutely, as the result of the investigation made, any ill-usage of George by way of bad or insufficient food, hard work, or imperiled health during the time of his imprisonment, and claiming that he had been fined and imprisoned in strict accordance with the law for his evasion as a German subject of German military duty. It was asserted that the naturalization treaties of 1868 between the United States and the German States had no application’ to the territory of Alsace-Lorraine, of which George was a native, and that consequently his own personal naturalization was of no avail to protect him from the consequences of his evasion of military duty. It was also argued that his claim to American citizenship, by virtue of his father’s naturalization was unfounded, since he had never perfected his denaturalization as a native of France and the son of a native of that country for the reason that he had not made a formal declaration of his foreign citizenship before the competent French authority within a year after the attainment of his majority (the provinces of Alsace-Lorraine no longer belonged to France at that epoch), and being a Frenchman at the time of the transfer of those provinces to Germany he, by virtue of the treaty ceding them, and by German law, became a German subject. As for the father, it was stated that the fact of his acquisition of American citizenship had not been known to the German authorities, and that he had demeaned himself as a German, had drawn communal supplies, and had taken out a German passport when he returned to the United States. The legation replied to the above note on February 1, 1886, submitting reasons why George should be regarded as an American citizen, but reserving for discussion on a future occasion, if it should seem desirable, the question of the application of the naturalization treaties of 1868 to the Territory of Alsace-Lorraine. On the same day the legation transmitted to the Department of State, with dispatch No. 188, copies of its correspondence with the foreign office in relation to this case, together with copies and translations of the provisions of German law relating to the loss and acquisition of German nationality. Under date of the 26th of March following a note was received from the foreign office, in reply to the note of the legation of February 1, reiterating the claim that George was to be regarded as having become a German subject in consequence of the French law before cited, of the treaty ceding Alsace-Lorraine to Germany, and of German law, and again asserted, as regarded George’s own personal naturalization, that the naturalization treaties above referred to did not apply to that territory. That cession of territory, it was argued, had deprived George of the privilege of making the necessary declaration required by French law of his foreign citizenship. The legation transmitted a copy, with translation, of the note of the foreign office above referred to to the Department of State with dispatch No. 219 of March 29, 1886, and with dispatch No. 243 of April 16 following, returned the certificates of naturalization of George, father and son, which had been received back from the foreign office. Thereafter, in an instruction No. 124, dated April 27, 1886, the Department of State, referring to the dispatches received from the legation, dissents from the position taken by the foreign office, and declares that German municipal laws and the German treaty with France can not deprive George of the American citizenship inherited from his father, and confirmed by acts manifesting his election of the same upon the attainment of his majority, and to which he is entitled by a well-established principle of international law. This instruction declared further that it was also a principle of that law that the prerogative of divesting one’s self of allegiance by naturalization in a foreign land could not be taken away by the municipal legislation of any particular country to which legislation the naturalizing country was not a party, and states the conclusion that George is still a citizen of the United States, unless he has abandoned that citizenship. A further instruction, No. 174, of December 11, 1886, was received from the Department of State, inclosing a letter from the attorney of George respecting the treatment of the latter by the German authorities, and stating that the Department had informed that attorney in reply to an inquiry that he was at liberty to file a claim for damages in case such class of claims should ever be made the subject of a demand for indemnity as a whole the Department also stated that it was assumed that nothing further had been heard from the foreign office with respect to this case. Replying to this instruction, the legation informed the Department, in dispatch No. 389, of January 3, 1887, that such was the case; that discussion on the part of Germany appeared to be closed, although arguments had by no means been exhausted. It concurred entirely in the view of the Department that it would be useless to press our view of the case upon the German Government at present, and expressed the opinion that George would do well to avail himself of the permission granted him to file in the Department his proofs of harsh treatment, as the German Government had denied in the most formal manner any allegation of that nature against its officials, and would, it was to be expected, preserve full testimony respecting the same.

No further correspondence has, as far as the legation is aware, occurred in this case.

No. 128. J. W. Thränert.—(This case was heretofore reported in annual report of military cases with dispatch No. 100, of November 2, 1885.)

No. 129. Henry Tappert.—Born at Dureu, in Prussia, April 9, 1855; emigrated in May, 1875; naturalized October 30, 18S0. Under date of the 29th of December, 1884, Tappert addressed a communication to the legation stating the circumstances attending his emigration to the United States, and inquiring whether he could safely visit his parents in Germany, a fine of 600 marks having been there imposed on him for evasion of military duty. He was, on the date of the receipt of his letter, January 12, 1885, informed that he could do so with entire safety. After long delay, in the course of which numerous letters were exchanged between the legation and himself and his father, residing at Duren, in Germany, his apprehension being at last allayed, he paid his visit to Germany, remaining wholly unmolested during his stay there. In the course of the correspondence alluded to he was informed by the legation that the amount of the fine, which his father had unnecessarily paid on his behalf, could be recovered. It was not, however, until after his departure that he desired this should be done. His departure having ensued, the legation, on October 3, 1885, addressed a note to the foreign office, communicating the facts and statements, which were as follows: He was born April 9, 1855 at Dnren, in Prussia; emigrated, without having been recruited for the German army, in May 1875, to the United States, where he was naturalized as a citizen of the United States on October 30, 1880. In the month of June, 1885, having been informed by the legation in reply to his inquiries, that he was entitled to do so, ho returned to his birth-place on a visit. In the mean time, on the 28th of May preceding, his father had paid to the local authorities at Duren, under protest, the sum of 600 marks, exacted on account of his son’s failure to perform military service in Germany. Having completed his visit, Tappert had returned to the United States. Tappert’s certificate of naturalization was inclosed in evidence of his American citizenship, and the foreign office was in conclusion requested to cause the fine paid by the father to be returned, if the essential facts should upon investigation be found to be as stated. Under date of February 19 following the foreign office informed the legation that this had been done. On the day of the receipt of this intelligence, February 22, the legation conveyed the same to Tappert, returning to him at the same time his certificate of naturalization.

No. 130. Simon M. Boyson.—Born at Nieblum, Island of Fohr, Schleswig-Holstein August 23, 1847; emigrated to the United States in May, 1864; naturalized July 21, 1869. In December, 1869, he paid a visit to his native place, remained there about three months, and then returned to the United States. He again came on a visit to his native country, arriving there on September 3, 1885, bringing with him his five young children, and expressing the intention of remaining at his birth-place during the winter and returning to America in the following spring. Under date of October 22, 1885, he was ordered by the local authorities to leave Prussia by the 15th of November following. The burgomaster at Nieblum testified officially to Boyson’s good character and to his peaceable, law-abiding behavior. Boyson having furnished the foregoing information in person on November 4, 1885, the legation on the same day intervened in his behalf, requesting the suspension of the order expelling him pending the investigation of the case, and its eventual withdrawal. By dispatch No. 108, of the 13th of that month, the legation informed the Department of State that it had intervened in his behalf and on that of seven other persons who had been recently threatened with expulsion under similar circumstances; and again, by dispatch No. 130, of December 7 following, that the legation had learned from unofficial sources that proceedings against Boyson and the seven others above referred to, for whom it had recently intervened, had been suspended. Under date of December 21, 1885, the foreign office informed the legation that Boyson’s request, owing to the peculiar circumstances of his case, had been granted, and that he would be permitted to remain in his native country until the spring of 1886, Boyson was at ouge notified of this favorable decision, which was communicated to Department of State with dispatches Nos. 142, of December 25, 1885, and 151, of January 4, 1886.

It is remarked in connection with the above case or Boyson that the note from the foreign office, dated December 21, 1885, above referred to, in which the relief applied for was granted, conveyed answers in eight other cases, in which the legation had intervened, asking in behalf of the persons concerned the withdrawal of the orders to leave the country which had been issued against them. These eight cases are numbered hereinafter 131 to 138, inclusive. The reasons, or some of them, assigned in these eight cases are referred to in all subsequent answers from the foreign office in later adversely decided cases of intervention, requesting the withdrawal of orders of expulsion, in which different grounds for such adverse action are not stated by the foreign office. In order to avoid needless repetition in reporting individual cases, the grounds upon which the relief asked was declined in the note from the foreign office of December 21, 18S5, are briefly stated here. They are of two kinds. With respect to the cases Nos. 132, 133, 134, 135, and 138 the foreign office states that, to its great regret, after mature consideration and after suspension until then of proceedings in all the cases referred to, it has found itself unable to grant the relief asked. The individuals concerned had, without exception, after seeking and obtaining a discharge from Prussian nationality, which, as the law stood, could not be refused, emigrated within a few months before the attainment of the age of liability for military service, thus furnishing just grounds for the assumption that the motive of their action was to withdraw themselves from the performance of military duty. The same assumption was justified with respect to the persons treated of in the cases numbered 131, 138, and 137 in this report, who had emigrated after attainment of the age of liability to military service without discharge from Prussian nationality and without having complied with the duty of presenting themselves for such service. All of these persons of both categories had now been sojourning in their native country since September, 1885, and had, therefore, had sufficient time to visit relatives and attend to business matters. In granting their requests to be permitted to remain longer the Government would be lending assistance to an endeavor inconsistent with the interests of the State and the public welfare, and would thereby further an evasion of the performance of military duty, the performance of which the German Government regards as a vitally essential element of state policy. In answering note dated December24, 1885, the legation asked a reconsideration of the adverse decisions before the persons concerned had actually left the country, citing in their behalf the terms of the treaties between the United States and Prussia of March 14, 1828, whereby liberty is granted reciprocally to all citizens of either country to reside in the territories of the other in order to attend to their affairs, and also the provisions of the treaty between the United States and the North German Confederation of February 22, 1868, according to which persons abandoning their native allegiance and acquiring another shall, upon their return, remain liable only for an action punishable by the laws of their original country and committed before emigration.

Much further correspondence relating to these cases and the principles involved ensued between the legation and the foreign office and between the Department of State and this legation. In the course of this correspondence the point was emphasized in communications by the legation to the foreign office that the German Government had by numerous rulings and decisions throughout a long period immediately after the conclusion of the so-called naturalization treaty of February 22, 1868, given just ground for the assumption that it interpreted that treaty as guarantying to orderly returned naturalized American citizens of German birth the right of sojourn in Germany for the period of two years. That Government in the correspondence referred to declines to accept such interpretation as correct, and while not questioning the right of such citizens to visit Germany, has held in a number of cases hereinafter reported that a sojourn of a few months or less is a sufficient compliance with treaty obligations, and also claims the right to expel any troublesome foreigner from the country when the welfare of the state shall require, intimating as the same time their desire and purpose of exercising such right with as little frequency as possible. In so far as the views thus enunciated seemed to conflict with the rights of naturalized American citizens, the Department of State and this legation strenuously controverted them. The principles involved and the arguments advanced on both sides in their discussion is stated with great fulness in the correspondence referred to, which is on file in the Department of State, to which the principal dispatches on this subject from the legation below enmerated will, with the references they contain to departmental instructions and notes from the foreign office, furnish a ready key. The dispatches referred to are the following: Nos. 130, of December 7, 1885; 133, of December 14, 1885; 142, of December 25, 1885; 150, of January 4, 1886; 151, of same date; 154, of January 8, 1886; 202, of February 22, 1886; 245, of April 16, 1886; 331, of October 21, 1886; 356, of October 21, 1886; 360, of January 3, 1887; 370, of January 13, 1887; 418, of April 7, 1887.

In connection with these cases of expulsion, threatened or executed, it is remarked that of the entire number (35) in which the legation intervened, 33 occurred in Schleswig-Holstein, or in the vicinity of the Island of Fohr, territory under the rule of the King of Denmark until the Prusso-Austrian conquest and occupation in 1864. The names appear, almost without exception, to be Danish, and the legation has reason to believe that many of those who bore them had made themselves more or less obnoxious to the Prussian authorities by the manifestation of Danish proclivities and by participation in anti-German demonstrations and other objectionable behavior, though such grounds for the proceedings taken against them are not stated in the notes from the foreign office relating to their cases. The persons thus intervened for appeared to be much interrelated, the relation of brother, nephew, cousin, existing frequently among them. Evidence of concerted action in emigration and of the absence of a bona fide intention to make the United States their permanent home is not wanting in a number of these cases. An illustration of the concerted action and of the absence of bona fide intention referred to may be found in the cases of the three brothers Jappen, hereinafter reported, who emigrated shortly before reaching the age of liability to military service, and returned to their native place almost immediately after naturalization, the entire aggregate sojourn of the three in the United States after acquisition of American citizenship amounting to only fifty-six days. Although one and all were, under the pressure of threatened expulsion, ready to mention some date as the one of their intended return to the United States, the legation was in many instances strongly impressed with the belief that the persons concerned had no intention to return at any time, except under compulsion.

No. 131. Hans Peter Jessen.—Born at Norburg, Schleswig-Holstein, February 19, 1855; emigrated to the United States May 13, 1873; naturalized September 6, 1875; returned to his native place October, 1878; on the 24th of October, 1885, ordered to leave Prussia within a fortnight. Having been informed on the 9th of November following of these facts, the legation addressed a note to the foreign office on the same day, presenting the statements in the case and asking for the withdrawal of the order issued against Jessen, which request was declined by the foreign office in an answering note, dated December 21 following, upon the general grounds stated in ease of Boysen, No. 130 of this report. It is remarked that the legation had once before intervened in behalf of Jessen, on September 25, 1879, to procure the withdrawal of an order of expulsion at that time issued against him, and successfully (see case No. 45 of volume of Foreign Relations for 1880). Ho then remained at his old home for about two years, when he went to Denmark for a time. His stay in Europe after naturalization had exceeded the period of his residence in the United States, which barely sufficed for his naturalization. Jessen was at once notified of the decision, and the case fully reported to the Department of State with dispatches Nos. 142, of December 25, 1885, and 151, of January 4, 1886.

No. 132. Peter Cornelius Andresen.—Born at Wrixura, Island of Fohr, Schleswig-Holstein, August 14, 1857; emigrated to the United States in August, 1874; naturalized August 18, 1880; returned to his native place in September, 1885; ordered, on November 1, 1885, to leave Prussia by the 15th of that month. On the 11th of November, 1885, Andresen furnished the facts of his case, and on the same day the legation intervened in his behalf, asking for the withdrawal of the order of expulsion, which request was declined in an answering note from the foreign office, tlated December 21 following, upon the general grounds stated in the ease of Boyson, No. 130 of this report. Andresen”was at once notified by the legation of this decision, and n full report of the case was made to the Department of State with dispatches Nos. 142, of December 25, 1885, and 151, of January 4, 1886.

No. 133. Meinert Heinrsch Riewerts.—Born at Oldsum, Island of Fohr, Schleswig-Holstein, May 6, 1862; emigrated May 28, 1879, to the United States; naturalized July 28, 1884. He returned to his native place in September, 1885, and was, under date of October 22 following, ordered to leave Prussia by the 15th of November next. The necessary information having been placed by Riewerts in the possession of the legation on the 11th of November, 1885, intervention was made in his behalf on the same day, and the withdrawal of the order expelling him was requested, but declined by the foreign office in a note dated December 21 following, upon the general grounds stated in case of Boyson, No. 130 -of this report. Riewerts was duly notified of the Result, and the case fully reported to the Department of State with dispatches Nos. 151 of January 24, 1886, and 14? of December 25, 1885.

No. 134. Ingwer George Jappen.—Born on the Island of Nordstrand, Schleswig-Holstein, June 30, 1861; emigrated to the United States May 22, 1878; naturalized October 9, 1884; returned to his old home September 15, 1885, and was, under date of October 22, 1885, ordered to leave Prussia by the, 15th of November Following. Having been placed in possession of the facts in the case the legation addressed a note to the foreign office on the 11th of November, 1885, requesting the withdrawal of the order. In reply the foreign office informed the legation on the 21st. of December following, that upon the general grounds stated in the case of Boyson, Not 130 of this report, its request could not be granted. Jappan was at once informed of this result, and the case reported to the Department of State with dispatches Nos. 142 of December 5, 1885, and 151 of January 4, 1886.

No. 135. Ocke Edward Nickelsen.—Born on the Island of Fohr, Schleswig-Holstein, October 28, 1862; emigrated to the United States May 28, 1879; naturalized June 24, 1885; returned to his old home September 15, 1885. He was, under date of October 22, 1885, ordered to leave Prussia by the 15th of November following. The legation received the necessary information from Nickelsen on the 11th of November, 1885, and intervened in his behalf, asking the withdrawal of the order expelling him on the same day, the date on which it had addressed the foreign office in the four preceding cases, and with the same adverse result, based on the general grounds stated in the case of Boyson, No. 130 of this report. This decision was at once communicated to Nickelsen, and the case fully reported to the Department of State with dispatches Nos. 142 of December 25, 1885, and 151 of January 4, 1886.

No. 136. C. H. Edward Rohlffs.—Born at Norgaardholz, Schleswig-Holstein, June 3, 1358; emigrated to the United States November 19, 1879; naturalized July 22, 1885; returned to his old homo within six weeks from that date, arriving there September 2, 1885; ordered on October 30, 1885, to leave Prussia by November 15 following. The facts in his case having been obtained the legation intervened on November 13, 1885, requesting the withdrawal of the order, which was declined by the foreign office in a note dated December 21 following, upon the general grounds stated in the case of Boyson, No. 130 of this report. This decision was at once announced to Rohlffs, and the case fully reported to the Department of State with dispatches Nos. 142 of December 25, 1885, and 151 of January 5, 1886.

No. 137. Frederick H. N. Rohlffs.—Born at Gintoftholm, Schleswig-Holstein, September 3, 1860, and emigrated; was naturalized; returned to his former home; was ordered to leave Prussia, and was intervened for on the same date and with the same adverse result, based on the same grounds as his brother, the subject of the next preceding case. The result was at once announced to him, and the case fully reported to the Department of State in the same dispatches as the foregoing case.

No. 138. Peter Jepsen.—Born at Schottburg, Schleswig-Holstein, February 27 1863; emigrated August 9, 1880; naturalized August 29, 1885; returned to his old home within four weeks; arriving there September 23, 1885; ordered to leave Prussia, on October 27, 1885, by the 1st of December following. Having been placed in possession of the necessary information in the case, the legation intervened for Jepsen on November 23, 1.885, asking that the order of expulsion be rescinded, which was declined by the foreign office, under date of December 21 following, upon the general grounds stated in the case of Boyson, No. 130, of this report. The result was at once communicated to Jepsen, and the case fully reported with dispatches Nos. 142 of December 25, 1885, and 151 of January 4, 1886.

No. 139. Hark O. Nickelsen.—Born at Tuftum, Island of Fohr, Schleswig-Holstein, February 11, 1863; emigrated May 14, 1879; naturalized September 3, 1884; returned to his old home September 29, 1885; ordered, under date of November 3 following, to leave Prussia by January 1, 1886. The necessary information having been received the legation intervened for Nickelsen on November 28, 1885, asking the withdrawal of the order expelling him, which request was declined by the foreign office, under date of December 23 following, upon the grounds stated in the ease of Boyson, No. 130 of this report. This decision was communicated to Nickelsen, and the case fully reported to the Department of State with dispatches Nos. 142 of December 25, 1885, and 151 of January 4, 1886.

No. 140. Christian E. Harther.—Born near Ehringen in Wurtemberg, September 20, 1862; emigrated in July, 1880; naturalized in October, 1885.

This case was referred by the Department of State to the legation for its action, by instruction No. 67 of November 17, 1885. The legation addressed a note to the foreign office on December 5, 1885, in behalf of Harther, who complained that his father’s property had been attached in Germany to secure the payment of a fine imposed on the son for evasion of military duty after his emigration to the United States, where he still resided, and where his father had followed him. The legation requested the remission of the fine and the removal of the attachment, submitting at the same time the evidence of Harther’s American citizenship. In reply to this note the foreign office informed the legation, under date of March 27, 1886, that the removal of the attachment which had been imposed on the property of the son and not on that of the father had taken place, and the fine, together with the costs, been remitted as requested. This favorable result was fully reported by the legation to the Department of State with dispatch No. 224, of April 5 following.

No. 141. Jan Theodore Jappen.—Born at Tuftum, Island of Fohr, Schleswig-Holstein, May 1, 1831; emigrated April 7.1878; naturalized September 15, 1884; returned in three weeks from that date to his native place, arriving there October 6, 1885; notified November 5, 1885, that he must leave Prussia by December 31 following. Having been furnished on December 7, 1885, with the necessary facts, the legation intervened in his behalf on the same day, requesting the foreign office to cause the order of expulsion to be withdrawn. This request was declined in an answering note from the foreign office, dated January 14 following, upon the general grounds stated in the case of Boyson, No. 130 of this report. Jappen was at once notified of the result, and the case was fully reported to the Department of State with dispatch No. 169, of January 18, 1886.

No. 142.Riewert Meinhard Jappen.—The brother of the subject of the next pro-ceding case; was born at Tuftnm, Island of Fohr, Schleswig-Holstein, February 17, 1864; emigrated May 12, 1880; naturalized September 18, 1885; returned in eighteen days from that date, arriving at his old home on October 6 following) ordered on November 5, 1885, to leave Prussia, by December 31 following. Having on December 7, 1885, been placed in possession of the necessary facts the legation intervened in his behalf on the same day, asking that the order expelling him be withdrawn. In an answering note, dated January 14 following, the foreign office declined this request upon the general grounds stated in the case of Boyson, No. 130 of this report. Jappen was at once informed of this result, and the case was fully reported to the Department of State with dispatch No. 169, of January 18, 1886.

No. 143. Henry Rabien.—Born at New York March 21, 1864, as the son of a German subject; the father went to the United States in May, 1863, but returned after the birth of Henry, and before his (the father’s) naturalization, to Germany with Henry and his other children who have uninterruptedly resided there with their mother ever since. The father held himself aloof from his family and made frequent voyages on American vessels to and from the United States, where he acquired naturalization in 1872, some eight years after the birth of Henry, returning, however, to Germany to his family in 1874, where he has since resided without interruption. It appeared in the further prosecution of this case that Henry Rahien had, on the 6th of January, 1884, made a solemn declaration before a Prussian official that neither he nor his parents intended to return to America. Had all the facts in this case been known to the legation it would not have intervened for Rabien. As it was, it did, on the 18th of December, 1885, address a note to the foreign office asking the withdrawal of an order served upon him to report for military service by the 1st of January following. In an answering note, dated January 15, 1886, the foreign office declined this request, showing with sufficient clearness from the facts ascertained by its investigation that Rabien was not a citizen of the United States. This decision was at once made known to Rabien, and the case fully reported to the Department with dispatch No. 182, of January 28, 1886. The Department by instruction No. 103, of March 10, 1886, expressed its concurrence in the conclusion reached by the foreign office.

No. 144. Carl Simon Petersen.—Born at Nieblum, island of Fohr, Schleswig-Holstein, March 30, 1861; emigrated April 16, 1877; naturalized May 3, 1882; returned to his native country September 3, 1885; under date of October 22, following, he was ordered to leave Prussia by the 15th of November, 1885. Upon his request an extension of sojourn until January 1, 1886, had already been granted him. Having been placed in possession of the facts in the case on December 21, 1885, the legation on the same day addressed the foreign office in his behalf asking the withdrawal of the order complained of, which was declined in an answering note from the foreign office, dated February 3, 1886, upon the general grounds stated in the case of Boyson, No. 130 of this report. Petersen was at once notified of the result and the case fully reported to the Department of State with dispatch No. 191 of February 8, 1886.

No. 145. Christain Nielsen Hansen.—Born at Harkhag, Schleswig-Holstein, May 13, 1857; emigrated October 21, 1875; naturalized July 19, 1884; returned October 22, 1885, to his native place; ordered, under date of November 7, 1885, to leave Prussia by the 1st of January following. The legation having received the necessary information in his case on December26, 1885, and intervened at the foreign office on the same day, asking the withdrawal of the order, which was declined upon the general grounds stated in the case of Boyson, No. 130 of this report, in an answering note, dated February 3, following. The legation at once notified Hansen of the result, and fully reported the case to the Department of State with dispatch No. 191 of February 8, 1886.

No. 146. Lars Hoeck.—Born at Markernpheide, Schleswig-Holstein, April 19, 1856; emigrated August 21, 1876 naturalized September 27, 1884; returned within a month of that date to his native place, where he had since sojourned; ordered under date of December 12, 1885, to leave Prussia by the 20th of January following. The legation was furnished with the facts in the case on December 23, 1885, and on the 26th of that month intervened in behalf of Hoeck, asking the withdrawal of the order of expulsion, which was declined by the foreign office in an answering note dated February 3 following, upon the general grounds stated in the case of Boyson, No. 130 of this report. Hoeck was at once informed of the result and the case fully reported to the Department of State with dispatch No. 191 of February 8, 1886.

No. 147. Heinrich Lutzen.—Born at Hersum, Schleswig-Holstein, November 15, 1860; emigrated June 8, 1880; naturalized August 4, 1885; returned in November following to his native place; ordered December 16, 1885, to leave Prussia by February 1 following. On December 30, 1885, Lutzen furnished the necessary information in his case, and on the same day the legation intervened in his behalf, asking the withdrawal of the order expelling him, which was declined upon the general grounds stated in the case of Boyson, No. 130 of this report, in an answering note from the foreign office dated February 9 following. Lutzenwas at once informed of this decision and the case was fully reported with dispatch No. 197 of February 15, 1886.

No. 148. Nickol-Bodenschatz.—Born at Oberweissenbaeh, Bavaria, August 1, 1862; emigrated in April, 1879; date of naturalization unknown. Bodenschatz not remembering the same, and his certificate of naturalization being at the time of his application for intervention in the hands of the Bavarian authorities, returned to his native place to visit his parents in the latter part of November, 1885. A few days thereafter he was arrested and compelled to pay a fine of 150 marks with 31 marks costs, under penalty of imprisonment for alleged evasion of military duty. After a further period of a few days he was again arrested and transported to Hof for enrollment in the army, and only released on being pronounced by medical authority to be unfit for military service. Having on December 31, 1885, been placed in possession of the above information, the Legation on the same day submitted Bodehschatz’s statements to the foreign office, requesting that if they were found to be correct his fine might be repaid and his certificate of naturalization speedily returned to him, as he desired to return to the United States on the 14th of the following month. In an answering note dated January 14, 1886, the foreign office informed the legation that Bodenschatz had for the first time exhibited his certificate of naturalization to the authorities when about to be mustered into the army, whereupon all proceedings against him were at once discontinued; that his certificate of naturalization had, contrary to his statement, been returned to him on the 13th of December preceding. A further communication respecting the return of his fine was promised and was received from the foreign office, under date of March 22, following. This communication stated that, nothing was needed to procure the return to Bodenschatz of the amount of his fine but the production of the evidence of his American citizenship, that he had paid that fine without making any mention whatever of the fact of such citizenship, and that when he subsequently produced it before the mustering board for the first time it was at once handed back to him without scrutiny, he having been found unfit for military service, no copy of the same being retained. The father of Bodenschatz having in the mean time made some representations to the Department of State about his son’s case, the Department by instruction No. 117, of March 31; 1886, directed the legation to furnish a report of the case, which it did with dispatch No. 246, of April 16 following, informing the Department that its efforts to find Bodenschatz and procure from him his certificate of naturalization, for the purpose of submitting it to the German Government in order to secure the return of the fine he had paid, had been in vain. This dispatch was acknowledged by the Department of State with instruction No, 127 of May 7, 1887. Nothing further has been heard from Bodenschatz. The repayment of his fine awaits the production of his certificate of naturalization until such time as his claim may become barred by limitation.

No. 149. Nicolaus C. Nissen.—Born at Morsum, island of Sylt, Schleswig-Holstein, January 29, 1881; emigrated March 16, 1876; naturalized October 21, 1885; returned to his native place within four weeks after naturalization, arriving there November 16 following; ordered -on December 7, 1885, to leave Prussia by February 1 next. Having been furnished with the necessary facts on January 5, 1886, the legation on the following day intervened in Nissen’s behalf, asking the withdrawal of the order expelling him, which was declined upon the general grounds stated in the case of Boyson, No. 130 of this report, in an answering note from the foreign office dated February 15 following. Nissen was at once informed of this decision and the case fully reported to the Department of State with dispatch No. 199 of February 22, 1886.

No. 150. Jens Jurgensen.—Born at Akersum, on the island of Fohr, Schleswig-Holstein, March 30, 1855; emigrated September 1, 1871; naturalized October 10, 1876; returned to his native place November 18, 1885; ordered under date of the 19th of that month to leave Prussia by the 1st of February following. On the 9th of January, 1888, immediately after being placed in possession of the necessary information in the case, the legation intervened in Jurgensen’s behalf, asking the withdrawal of the order expelling him, which was declined upon the general grounds stated in the case of Boyson, No. 130 of this report, in an answering note from the foreign office dated March 8 following, with the statement that Jurgensen had once before in 1877 returned to his native place, where he had at that time remained nearly two years and had left then with the undoubted purpose of preventing himself from being regarded as having renounced his American naturalization (under the treaty of February 22, 1868), and thereby exposing himself to the performance of military duty in Prussia. Jurgensen was at once informed of this decision, and the case fully reported to the Department of State with despatch No. 209 of Marclf 15, 1886.

No. 151. Mathias Geib (fine).—Born at Limbach, Prussia, November 28, 1860; emigrated April 3, 1880; returned to his native place on a visit October 16, 1885. On the 15th of December following he was compelled to pay a fine of 150 marks for alleged evasion of military duty. Having been placed in possession of the necessary information in the case on January 12, 1886, the legation on the same day intervened in his behalf, asking the repayment of the line. In an answering note, dated May 5 following, the foreign office informed the legation that its request had been complied with. This information was at once conveyed to Geib and the case fully reported to the Department of State with dispatch No. 257 of May 10, 1886. In instruction No. 133, of May 26 following, the Department of State expressed its gratification with this decision.

No. 152. Mathias Geib (expulsion).—On the 23d of January, 1886, Geib, whose case of military fine has been discussed under case No. 151 next preceding, informed the legation that he had been ordered under date of the 16th of that month to leave Prussia at once. On the same day the legation intervened in his behalf, asking the withdrawal of the order, which was declined upon the general grounds stated in Boyson’s case, No. 130 of this report, in an answering note from the foreign office dated March 8 following. Geib was at once informed of this decision and the case fully reported to the Department of State with dispatch No. 210 of March 15, 1886.

No. 153. Simon Hansen.—Born at Klintum, island of Fohr, Schleswig-Holstein, September 12, 1862; emigrated in August, 1879; naturalized October 14, 1884; returned in July, 1885, to his native place; ordered January 6, 1886, to leave Prussia by February 1 following. Having been placed in possession of the necessary information on January 25, 1886, the legation on the same day intervened in behalf Of Hansen, asking the withdrawal of the order expelling him, which was declined in an answering note from the foreign office dated March 18 following, upon the general grounds stated in the case of Boyson, No. 130 of this report. Hansen was at once notified of this decision and the case fully reported to the Department of State in dispatch No, 215 of March 23, 1886.

No. 154. Andreas Christensen.—Born at Abel, Schleswig-Holstein (date unknown); emigrated in 1879; naturalized October 21, 1885; returned to his native country December 23, 1885; ordered to leave Prussia by the 1st of February following. Having been placed in possession of the necessary facts on January 25, 1886, the legation on the same day intervened in Christensen’s behalf, asking the withdrawal of the order expelling him, which was declined upon the general grounds stated in the case of Boyson, No. 130 of this report, in an answering note from the foreign office dated March 18 following. Christensen was at once notified of this decision, and the case was fully reported to the Department of State with dispatch No. 215, of March 23, 1886.

No. 155. John M. Jappen.—Born January 13, 1864, at Nordstrand, Schleswig-Holstein; emigrated June 12, 1880; naturalized July 6, 1885; was back at his old home in Prussia within nineteen days from the date of his naturalization, arriving there on the 25th of that month. (The two brothers Jappen, who figure in Nos. 141 and 142 of this report, are believed to be the brothers of the subject of this case, and had returned to Prussia, the first in twenty-one days, the second in eighteen days from the dates of their naturalization, giving an aggregate of fifty-eight days sojourn in the United States after naturalization for the three brothers.) Jappen was ordered, under date of the 6th of January, 1886, to leave Prussia by the 1st of February following. Haying been placed in possession of the necessary information in the case on January 26, 1887, the legation on the same day intervened in his behalf, asking the withdrawal of the order expelling him, which was declined upon the general grounds stated in the case of Boyson, No. 130 of this report, in an answering note from the foreign office dated March 18, 1886. This decision was at once communicated to Jappen, and the case fully reported to the Department of State with dispatch No. 215, of March 23, 1886.

No. 156. Henry P. Henrichsen.—Born at List, Schleswig-Holstein, September 25, 1856; emigrated in June, 1873; naturalized April 3, 1882; returned to his old home in May, 1885; ordered, under date of January 13, 1886, to leave Prussia by the 1st of February following. Having been placed in possession of the facts in the case on January 26, 1886, the legation on the same day intervened in Henriehsen’s behalf, asking the withdrawal of the order expelling him, which was declined upon the general ground stated in the case of Boyson, No. 130 of this report, in an answering note from the foreign office dated March 18 following. Henrichsen was at once informed of this decision, and the case fully reported to the Department of State with dispatch No. 215, of March 23, 1886.

No. 157. Alfred V. Braren.—Born at Suderende, Island of Fohr, Schleswig-Holstein, September 18, 1861; emigrated in April, 1877; naturalized September, 1884; returned in February, 1885, to his native place; ordered, on January 6, 1886, to leave Prussia by February 1 following. Having been placed in possession of the necessary information in the case on January 28, 1886, the legation on the same day intervened in Braren’s behalf, asking the withdrawal of the order, which was declined in an answering note from the foreign office dated March 8, 1886, upon the general grounds stated in the case of Boyson, No. 130 of this report. The decision was promptly communicated to Braren, and the case fully reported to the Department, with dispatches No. 211, of March 15, 1886.

No. 158. O. H. E. Tschernisch.—Born at Berlin, Prussia, November 15, 1859; emigrated with his father in 1870; the father was naturalized October 16, 1876, and never returned to Germany; the son returned to Berlin on a visit in August, 1884, and intended going back to the United States as soon as he could earn sufficient money for his passage there; ordered to pay a fine of 200 marks imposed on him for alleged violation of military duty by the 2d of February, 1886, or suffer imprisonment for the period of twenty days. Having received the foregoing information from Tschernisch on January 29, 1888, the legation intervened in his behalf on the same day, inclosing the evidence of his father’s American citizenship and urging the immediate suspension of the proceedings contemplated against him and the remission of the fine. Under date of June 2 following the foreign office informed the legation in an answering note that the fine had been remitted. Tschernisch had in the mean time informed the legation that he had not been further molested. The Department of State had at an earlier period, by instruction No. 47, of November 10, 1884, directed the legation, at the instance of Tscherniseh’s father, who complained that his son was being detained in Germany for military service, to investigate the case. This was at once”done, with the result that it was found that at that time lack of means to pay his passage back to America alone detained him here. The result of that investigation was reported to the Department in dispatch No. 89, of December 1, 1884.

No. 159. John M. Epsen (Ipsen).—Born at Oevenum, Island of Fohr, Schleswig-Holstein, November 20, 1853; emigrated July 2, 1870; naturalized April 2, 1877; returned to his native place December 3, 1885; ordered under date of January 12, 1888, to leave Prussia by the 1st of February following. Having been furnished with the necessary facts in the case on December 29, 1885, the legation on the same day intervened in Epsen’s behalf, asking the withdrawal of the order of expulsion, which was declined upon the general grounds stated in the case of Boyson. No. 130 of this report, in an answering note from the foreign office, dated March 18 following. Epsen was at once informed of this decision, and the case fully reported to the Department of State with dispatch No. 215, of March 23, 1888.

No. 160. Franz Klose.—Born at Goldberg, Prussia, July 26, 1838; emigrated in May, 1868; naturalized October 30, 1882; returned in November, 1884, on a visit to his native place; on May 17 following he was imprisoned in default of payment of a fine of 150 marks for unallowed emigration, to which he had been judicially condemned, as it subsequently appeared, in 1874; he was kept in confinement for the period of fourteen days, and when released the sum of 2.45 marks in German and $9.57 in American money, as also a watch, being all the property in his possession, was taken from him. A further sum of 27 marks was demanded of him, but, having nothing more, he was allowed to go. The watch was sold by the authorities at auction, but bought in by his brother. Having been placed in possession of this information, the legation, on February 2, 1888, intervened in behalf of Klose, inclosing the evidence of his American citizenship, and asking, as requested by him, the return of the money taken from him, and of the amount paid by his brother for the watch. In an answering note, dated March 11 following, the foreign office informed the legation that its request had been complied with. The result was at once communicated to Klose, who replied, thanking the legation for its action.

No. 161. C. H. G. J. F. Burmeister.—Born at Heide, Schleswig-Holstein, June 12, 1861; emigrated in August, 1881; naturalized September 3, 1885; returned to Germany, and was back at his old home within twenty-nine days thereafter, arriving there on the 2d of October following; ordered under date of the 20th of January, 1886, to leave Prussia by the 1st of February following. Having on the 7th of February, 1886, been placed in possession of the necessary information in the case, the legation on the following day intervened in his behalf, asking the withdrawal of the order expelling him, which was declined upon the general grounds stated in the case of Boyson, No. 130 of this report, in an answering note from the foreign office dated April 14 following. Burmeister was at once notified of this decision, and the case fully reported to the Department of State in dispatch No. 214, of April 16, 1886.

No. 162. Edward Emmerich.—Born at Abentener, Duchy of Oldenburg, June 15, 1850; emigrated in 1870; naturalized June 14, 1882; he returned to Prussia, and arrived at Berlin December 9, 1885, after having resided some twelve years in the United States before naturalization, and four years and three months thereafter, establishing a prosperous business there, returning for the purpose of seeking health and recreation in visiting his relations, and in traveling in Europe. He desired to sojourn in Prussia for the period of seven months. Under date of February 13, 1886, he was ordered to leave Prussia before March 1 following. Having been placed in possession of the necessary information in the case on the 16th of February, 1888, the legation on the same day intervened in his behalf, asking the withdrawal of the order, which was granted in an answering note from the foreign office dated May 31st following. Emmerich was at once informed of this favorable decision, and the case fully reported to the Department of State with dispatch No. 271, of June 7, 1886. Instruction No. 147, of July 22 following, communicated to the legation the satisfaction of the Department of State with this decision.

No. 163. Knud Nielsen Knudsen.—Born at Apterp, Schleswig-Holstein, August 3, 1859; emigrated July 23, 1878; naturalized October 18, 1884; returned in the latter part of December, 1885, to his native place; ordered to leave Prussia by the 28th of February following, but continued to remain there nevertheless. On March 8th following he informed the legation that the authorities insisted on his departure and appealed to it to intervene in his behalf. Being in possession of the necessary information, the legation on the same day applied for the withdrawal of the order expelling him, which was declined in an answering note from the foreign office dated April 4 following, upon the general grounds stated in the case of Boyson, No. 130 of this report. Knudsen was at once informed of this decision, and the case fully reported to the Department of State with dispatch No. 245, of April 16, 1886.

No. 164. August Schlegel.—Born at Allmannsdorf, Baden, August 30, 1851; emigrated in September, 1873; naturalized January 2, 1879; returned on a visit to his native place May 26, 1886; on June 12 following he was compelled to deposit 322.13 marks in court at Constance, as security for the amount of a fine judicially imposed on him for alleged violation of military duty. Having been placed in possession of the necessary information in the case on June 21, 1886, the legation, on the same day, intervened in behalf of Schlegel, inclosing the evidence of his American citizenship and asking the remission of the fine and the repayment of the amount he had been compelled to deposit as security for the same. In an answering note, dated August 3 following, the foreign office informed the legation that its request had been complied with. Schlegel was at once informed of this decision, and the case fully reported to the Department of State with dispatch No. 301, of August 9, 18S8. With instruction No. 157, of the 25th of that month, the Department inibrmed the legation that the report of this decision had been received with satisfaction.

No. 165. John Wolf.—Born at Wewelsrlith, Schleswig-Holstein, January 16, 1855; emigrated in February, 1872; naturalized August 5, 1884; returned to his native place May 25, 1886; under date of the 7th of June he was ordered to leave Prussia by the 5th of July following. Having on the 29th of June, 18S6, been placed in possession of the necessary information in the case, the legation, on the following day, intervened in Wolfs behalf, inviting attention in particular to the circumstance that he had been ordered to leave Prussia after his arrival at his native place, to visit which he had traveled some 6,000 miles from his home in the State of California, and asking the withdrawal of the order expelling him, which the foreign office granted, communicating the fact in an answering note dated July 21 following. Wolf was at once informed of this favorable decision and the case fully reported to the Department with dispatch No. 300, of August 9, 1888. The Department of State expressed its satisfaction with this result in instruction No. 158, of August 28 following.

No. 166. Jasper N. Stuhr.—Born at Erteljerg, Schleswig-Holstein, November 5, 1854; emigrated February, 1871; naturalized March 1, 1876; returned to his native country August 31, 1888; ordered, on October 5, 1888, to leave country by the 20th of that month. Having been placed in possession of the necessary facts in the case on the 19th of October, 1888, the legation intervened in Stuhr’s behalf, asking the withdrawal of the order complained of, which was granted, the foreign office communicating the fact in an answering note dated December 17th following. Stuhr was at once notified of this favorable decision, and the case was fully reported to the Department of State with dispatch No. 358, of December 20, 1886. The Department expressed its gratification with this decision in instruction No. 193, of March 4 following.

No. 167. Jorgen J. Schmidt.—Born at Mummark, Schleswig-Holstein, March 4, 1860; emigrated June 11, 1876; naturalized June 3, 1882; returned to his native place August 31, 1886; ordered on October 5, 1886, to leave Prussia by the 20th of that month. Having been placed in possession of the necessary facts in the case on the 19th of October, 1886, the legation intervened in Schmidt’s behalf on the same day, asking the withdrawal of the order complained of, which was granted, the foreign office communicating the fact in an answering note dated December 17 following. Schmidt was at once informed of this favorable decision, and the case fully reported to the Department with dispatch No. 355, of December 20, 1886. The Department of State expressed its gratification with this result in instruction No. 193, of March 4, following.

No. 168. Joseph Wiener (formerly Joseph Otschuschki).—Born at Witkowo, Posen, Prussia, in February, 1853; emigrated about the year 1872; naturalized under the name of Joseph Wernier (date not remembered, his papers being in the hands of the authorities); returned to Germany on a visit in September, 1886; arrested at Witkowo, October 13, 1886, under judgment dated September 6, 1878, condemning him to four weeks imprisonment for alleged evasion of military duty. Having been placed in possession of the foregoing information on October 20, 1888, the legation, on the same day, intervened in Wiener’s behalf, assuring the foreign office that it was satisfied that Joseph Otschuschki and Joseph Wiener were one and the same person, and requesting his release from prison and the remission of the fine. On October 23 the legation took the testimony of one Flaczek, a friend of Wiener’s, as to the identity of the latter with Otschuschki. Under date of October 22 the foreign office requested the legation to submit such evidence as it had of the identity of Wiener with the Otschuschki who had been fined and imprisoned. The evidence requested was submitted by the legation, with a note addressed to the foreign office, on October 25; and on the 2d of November following, the foreign, office informed the legation that Wiener had been provisionally released, without the termination of the investigation which had been ordered being awaited, and that a further communication relating to his case would be made. Wiener was informed of this action of the foreign office and the case, as far as it had progressed, was reported to the Department of State with dispatch No. 341, of November 8, 1886. The legation having been informed by Wiener, on the 31st of December following, that he had been ordered by the authorties to leave the country at once, and that he desired to remain in Prussia until the 1st of March next, on the same day intervened again in his behalf, asking that his wish might be complied with. With dispatch No. 368, of January 10th following, the legation reported the threatened expulsion of Wiener to the Department of State. Under date of March 31, 1887, the foreign office informed the legation that Wiener’s request had been granted, and that he would be permitted to remain until April 15 next. The legation informed Wiener of this decision and reported the success of this application to the Department with dispatch No. 412, of April 4, 1887. Under date of May 27 following, the foreign office addressed a further communication to the legation, informing it that Otschuschki had left the country and that the remainder of his punishment, from which he had withdrawn himself, could not be remitted for the reason that the authorities did not consider that it had been proven that Otschuschki was entitled to the same by a five years’ residence and naturalization in the United States. It was true that he had stated and produced evidence to show that he had been called Wiener in America, but the document dated August 7, 1886, which he produced to prove his naturalization, bore the name of Joseph Wernier. His statement that this was due to an error in writing did not seem credible for the reason that the person naturalized had himself signed his name thereon Wernier, and his age was thereon stated to be twenty-seven years, whereas Otschuschki having been born on February 27, 1854, was thirty-two years of age at the time of the execution of the document. The legation reported the case to the Department fully with dispatch No. 444, of May, 30, 1887.

No. 169. Florenz Hartmann.—Born at Nordheim, Alsace, October 21, 1853; emigrated September 6, 1872; naturalized October 28, 1884, and had never returned to Germany. An attachment was laid on July 5, 1886, on his paternal inheritance to secure a judgment imposing a fine of 866.96 marks on him for alleged evasions of military service. Having, by means of a correspondence with his agent in the United States, been placed in possession of the necessary facts in Hart man’s case on the 29th of October, 1886, the legation, on the same day, intervened in his behalf, asking the removal of the attachment and the remission of the fine. The foreign office, in an answering note dated December 23, following, informed the legation that its request had been complied with, the attachment removed, and the fine remitted. This decision was at once communicated to Hartmann through his agent in the United States, and the case fully reported to the Department of State with dispatch No. 358, of December 27, 1886.

No. 170. Fredrick Frederickson.—Born at Quenbiill, Schleswig-Holstein, January 31, 1854; emigrated July 2, 1871; naturalized November 1, 1878; returned to his native country early in September, 1886; ordered under date of October 9 following to leave Prussia by the 15th of November next, an extension of sojournment until December 15 following was, however, subsequently granted him by the authorities upon his personal application. Having on the 13th of November, 1886, been placed in possession of the necessary facts, the legation, on the same day, intervened in Fredrickson’s behalf, asking the withdrawal of the order and that he be permitted to remain at his native place until the middle of May, 1887, the time he had fixed for his return to the United States. Under date of December 28 following, the foreign office in an answering note informed the legation that its request could not be granted upon the general grounds stated in the case of Boyson, No. 130, of this report, Frederickson was at once informed of this decision and the case fully reported to the Department of State with dispatch No. 361, of January 23, 1887.

No. 171. Henry Biss.—Born at Albertsdorf, Schleswig-Holstein, September 7, 1865; emigrated March 24, 1881; naturalized September 13, 1886; left America five days thereafter on his return to his native place, which he reached on the 27th of that month; ordered, under date of October 30, 1886, to leave Prussia by the 20th of November following. Having, on the 15th of November, 1883, been placed in possession of the necessary facts, the legation, on the same day, intervened in behalf of Biss, asking the withdrawal of the order, and that he be permitted to prolong his sojourn until March 1 following, the date he had fixed for his departure. In an answering note, dated December 22, 1886, the foreign office declined his request upon the general grounds stated in the case of Boyson, No. 130, of this report. This decision was at once communicated to Biss and the case fully reported to the Department of State with dispatch No. 357, of December 27, 1886.

No. 172. Peter Schaack. —Born at (place unknown), in Germany (date unknown); emigrated at the age of fifteen in 1880; naturalized September 28, 1886; returned on a visit of a few months, leaving his parents in the United States, to his native country in the latter part of October, 1886; arrested and imprisoned on November 22d following in default of payment of a fine of 160 marks and costs for alleged evasion of military duty, imposed on him by judgment of a court while he was in the United States. Having on the 25th of November, 1886, been placed in possession of the necessary facts, the legation on the same day intervened in behalf of Schaack, asking that the case be immediately investigated, and that he be released and the fine remitted, if the facts should be found to be as stated. In an answering note dated December 9, 1886, the foreign office informed the legation that Schaack had been released from prison as requested, and that a further communication would be made when the investigation was completed. This second communication ensued under date of January 26 following, and informed the legation that the remainder of Schaack’s punishment had been remitted. Schaack was at once informed of the decision and the case fully reported to the Department of State with dispatch No. 384, of January 31, 1887.

No. 173. Henry Driehatjs.—Born June 1, 1860, in Frederick Township, Pa., as the son of George Henry Driehaus, a native of Prussia, who was naturalized in the United States in 1855. On the occasion of a visit by both father and son to Germany in 1870, the father died, and an inheritance of $ 187 found to be due to the son was deposited in the Imperial Bank at Berlin, to await the attainment of his majority, the son returning thereafter in 1880 to the United States before itsattainment. Arriving at his majority the son sought to obtain his inheritance, but found that he could not, owing to an attachment having been laid on the same to secure a judgment imposed on him for alleged evasion of military duty. Having by January 15, 1887, after much correspondence with Driehaus’ agent in the United States and others, been placed in possession of the necessary facts, the legation, on the same day, intervened in his behalf, asking the remission of the fine and the removal of the attachment. Under date of July 10th following, the foreign office, in an answering note, informed the legation that its request had been complied with. The legation at once communicated this result to Driehaus and fully reported the ease to the Department of State with dispatch No. 477 of July 15, 1887.

No. 174. Hans Peter Petersen.—Born at Tagkier, Schleswig-Holstein, September 23, 1854; emigrated in the latter part of May, 1873; naturalized October 7, 187$; returned to his native country December 20, 1886; ordered, under date of January 8, 1887, to leave Prussia by the 1st of February following. He desired to remain until May 1, 1887. This was his first visit to his native country, and he expressed it to be his last. Having on the 16th of January, 1887, been placed in possession of the necessary facts, the legation, on the same day, intervened in his behalf, asking that the order expelling him be withdrawn and his request to remain until May 1 next be complied with. In an answering note, dated March 8 following, the foreign office informed the legation that proceedings against Petersen had, upon receipt of the note of intervention, been immediately suspended; that permission for a further so-journ than until May 1, 1887 (the length of sojourn Petersen had asked), could not be granted upon the general grounds stated in the case of Boyson, No. 130 of this report, and that the matter had been practically disposed of by Petersen having voluntarily already left the country. The case was fully reported to the Department of State with dispatch No. 400 of March 14, 1887.

No. 175. Gabriel Levy.—Born at Dettweiler, Alsace-Lorraine, July 15, 1854; emigrated in 1874, after reaching the age of liability to military service, to the United States, where he was naturalized in November, 1883. He was judicially condemned, on December 4, 1875, to a fine of 1,000 marks, with costs of procedure, under penalty of 100 days’ imprisonment in lieu thereof. A paternal inheritance of 1,800 marks having accrued to him, which had been attached to secure the fine imposed, a brother of Levy remaining in Alsace-Lorraine had petitioned for the remission of the fine. The foregoing facts were communicated to the legation by Count Bismarck, the imperial secretary of state for foreign affairs, in a note dated the 22d of February, 1887, in which the legation was further informed that, in view of the good relations existing between Germany and the United States, the fine imposed had, with costs, been remitted, and Levy’s family informed of the fact. This pleasantly-conveyed action of the foreign office in a case occurring in Alsace-Lorraine, territory not embraced, as has of late been contended by the foreign office, within the domain to which our naturalization treaties of 1868 extend, and taken without diplomatic intervention, was duly acknowledged by the legation in a note to the foreign office, dated February 25, 1887, and the correspondence in the case was fully reported to the Department of State with dispatch No. 394 of February 28 following. By instruction No. 196, of March 18, 1887, the Department expressed its appreciation of the action taken by the foreign office and the pleasant manner in which it was communicated, and its approval of the acknowledgment of its communication by the legation to the foreign office.

No. 176. Albert Bernhard.—(Unfinished.)

No. 177. Jacob Phillips (formerly Jacob Gallewski).—Born at Kempen, Prussia, September 21, 1858, emigrated in July, 1873; naturalized May 5, 1884; returned during the same month, after taking out a passport on the day following his naturalization, to his native country; compelled on January 25, 1887, 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; his certificate of naturalization and a document showing his identity with Jacob Gallewski, the name he bore before his naturalization, were in the hands of the local police. Having, on April 5, 1887, been placed in possession of the foregoing information, the legation on the same day intervened in behalf of Phillips, asking the remittance and return Of the fine he had paid. In an answering note, dated July 20 following, the foreign office declined to grant the request of the legation upon the grounds that he was fined before he became an American citizen, that the fine had been collected from him after he had been back in Prussia for more than the term of two years provided for in the treaty of February 22, 1868, and might therefore be regarded as having renounced his American naturalization, and that he had in addition, on April 29, 1887, solemnly declared, in a written statement taken down before the appropriate authority at Liegnitz, that he intended to remain permanently in Prussia and renounce all his rights as an American citizen. Had the full facts in this case been known to the legation it would not have intervened for him. The legation at once communicated this decision, with the grounds given for the same, to Phillips, and fully reported the case to the Department of State with dispatch No. 482 of July 22, 1887.

No. 178. John Wagner.—Born at Wellendingen, Wurtemburg, September 13, 1863; emigrated in March, 1880; naturalized March 12, 1887; he has never returned to Germany; subsequent to his emigration a judicial fine of 400 marks was imposed on him for evasion of military duty, and it was threatened to collect the amount of the fine from the property of his father, Conrad Wagner, still residing at Wellendingen. This case was referred to the legation by the Department of State with the direction to do what should be found necessary. On April 15, 1887, the legation addressed a note to the foreign office inclosing the evidence of Wagner’s American citizenship and asking that such steps might be taken as will suspend the execution of the sentence and finally annul the judgment. In an answering note, dated June 18 following, the foreign office informed the legation that no such person as John Wagner or his father, Conrad Wagner, was known at Wellendingen in Wurtemburg, or at a place of the same name in Baden, nor had there been any judgment or even prosecution against any such person for such offense; and there were no other places in Germany of that name. The result of the intervention in this case was fully reported to the Department of State with dispatch No. 457 of June 20, 1887.

No. 179. Martin C. H. Homburg.—Born at Brockstedt, Schleswig-Holstein, May 11, 1855; emigrated October 15, 1876; naturalized October 21, 1881; returned to Germany, arriving there December 23, 1888; ordered, on May 21, 1887, to leave Prussia by June 1 following. Having been placed in possession of the necessary information in the case on June 6, 1887, the legation on the same day intervened in Homburg’s behalf, asking that the order be withdrawn and that he be permitted, in accordance with his request, to remain one month longer than the length of sojourn already conceded. In an answering note, dated July 16, 1887, the foreign office informed the legation that its request had been complied with, and that Homburg would be permitted to remain until August 1 following (two months longer). Homburg, was at once informed of this decision and the case fully reported to the Department of State with dispatch No. 480 of July 18, 1887.

No. 180. Edward Emmerich (second case).—Having on June 16, 1887, been requested by Emmerich to procure permission for him to return to Berlin from Austria, where he was then staying, for a further sojourn of one year, the legation intervened in his behalf on the same day, requesting that his wish might be granted, and referring to its former intervention in his behalf (see case No. 162 of this report) when threatened with expulsion, resulting in his being allowed to remain in Berlin until July 1, 1886. In an answering note, dated August 4 following, the foreign office informed the legation that this request was granted, and that Emmerich would be allowed to visit Berlin again for the period of a year. This decision was at once communicated to Emmerich and the case reported to the Department of State with dispatch No. 491 of August 5, 1887.

No. 181. Charles P. E. Monneron.—Born in the United States August 8, 1845, subsequent to the naturalization there of his father. In January, 1875, he went to Pfasstadtin Alsace, where he found employment in a business house in which he was stin engaged, intending to return to the United States as soon as he could do so without injuring his financial prospects. Monneron’s father was a Swiss by birth and died in Switzerland, after having been naturalized in the United States where he resided for over twenty years. The son was suspected of having some connection with the French “Ligue des Patriotes,” but nothing connecting him in anyway with that organization was found when his apartment was searched. He declared that he had conducted himself in a peaceful, orderly manner, and that he had nothing to do with the organization referred to. Under date of the 5th of July, 1887, he was ordered to leave the country by the 20th of that month. Having been placed in possession of the facts in the case on the 11th of July, 1887, the legation on the same day intervened in Monneron’s behalf, asking the suspension of the order pending investigation and its ultimate revocation. In an answering note, dated October 8 following, the foreign office expressed regret at its inability to comply with this request. It was true, it was stated, that no evidence of his participation in the “Ligue des Patriotes” had been discovered in Monneron’s house, and to this circumstance alone was due the fact that he had not been judicially called to account for his actions. Other evidence had, however, shown conclusively that he belonged to that organization and made regular contributions to the same. He was also a pronounced adherent of the view that Alsace-Lorraine should be reconquered by France. For the rest he had voluntarily left Germany on August 6. The case was fully reported to the Department of State with dispatch No. 517 of October 10, 1887.