No. 525.
Mr. Bell
to Mr. Bayard.
Legation of
the United States,
The
Hague, March 15, 1887. (Received March
28.)
No. 232.]
Sir: I have the honor to transmit herewith for the
information of the Department a copy of a correspondence recently exchanged
between
[Page 895]
this legation and the Rev.
T, J. Kommers, of New York City, with reference to his liability to arrest
by the military authorities of this country in the event of his temporary
return hither for the purpose of visiting his aged parents. Upon the receipt
of Mr. Kommers’s request, I presented unofficially to his excellency the
minister of war a memorandum containing the substance of the statements
embodied in Mr. Kommers’s letter of inquiry. The opinion of the minister is
fully set forth in his note to me under date of March 10, and may be
regarded as an official expression of the views of this Government in cases
similar to that of Rev. Mr. Kommers.
I have, etc.,
[Inclosure 1 in No. 232.]
Mr. Kommers to Mr.
Bell.
257 West Forty-fourth Street,
New
York, February 10,
1887.
Dear Sir: Having vainly sought information in
this country, I turn to you, with hope that you will be able to help me
in deciding a question of great importance to me.
The question is as follows: In 1873 I left my home in the city of
Middleburg Zee-land, being at that time seventeen years old. My parents
remained there and when the proper time came 1 was drafted for the
militia. But I intended to stay in the United States and did not return
to Holland for military service; soon after, I was declared a deserter
by the authorities in the Netherlands, and when a few years ago I wished
to revisit my home for a few weeks I found that such a visit would
endanger my liberty.
I am now a citizen of the United States and a minister to the Reformed
Dutch Church, and would like to visit my parents this summer if
possible, if I could be sure that there was no danger of being arrested
and placed in the Dutch army for a number of years.
The only ground on which I suppose I would escape arrest would be the
fact that I am a clergyman. But even of that I am not sure.
As I have a wife, as well as my work, in this country and am resolved to
remain an American citizen, I would not enjoy being put in the Dutch
uniform, and be made, say, a drummer or even a chaplain.
If you can kindly give me some information on this question, you will
greatly oblige
Yours, respectfully,
[Inclosure 2 in No.
232.–Translation.]
Mr. Weitzel to Mr.
Bell.
War
Department,
The
Hague, March 10,
1887.
Excellency: In answer to your memorandum, in
which information is requested with reference to the temporary return to
this country of Tinis Johannes Kommers, I have the honor to communicate
to your excellency the following particulars:
The person aforesaid is not a deserter, but a conscript who neglected to
present himself for enrollment in 1876 in the commune of Middleburg.
He neglected to present himself on the 11th of May, 1876, for
incorporation in the military service and was in consequence advertised
in the Police Gazette of the year 1877, in which he is mentioned on page
165.
Whenever the aforesaid Kommers returns to this country he is liable to
the application of article 172 and of the succeeding articles of the law
of August 19, 1861, relating to the army, by which it is, in effect,
enacted that the conscript who does not attend to the summons for his
incorporation shall, as soon as the omission is discovered, be brought
before the provincial states of the province to the conscription of
which he belongs.
[Page 896]
The provincial states inquire into the case and give sentence on it as
quickly as possible and at once give notice of it to the burgomaster and
“wethouders” of the commune to which the person belongs.
If he is found fit for service he is incorporated for five years,
whatever his age may be.
The person thus incorporated is kept to his colors during the whole of
this time, unless the provincial authorities have decided that
circumstances beyond his control prevented him from complying with the
summons.
The provisions above mentioned do not, however, prevent Kommers, in case
of his having been incorporated, from being allowed by the King to
provide a substitute, by article 10 of the law aforesaid.
From the nature of the case the condition is annexed to such indulgence
that the substitute shall remain with the colors during the same period
as Kommers would have been kept in actual service by the aforesaid legal
provisions.
Accept, etc.,
[Inclosure 3 in No. 232.]
Mr. Bell to Mr.
Kommers.
Legation of the United States,
The Hague, Netherlands, March 14, 1887.
Dear Sir: In reply to the inquiry contained in
your note of the 10th ultimo as to whether the authorities of this
country would molest you upon your temporary return here on account of
your failure to appear in May, 1876, when enrolled for military service,
I have the honor to inform you that I lost no time in bringing your case
to the attention of the minister of war, with whom I personally left a
memorandum of the facts in your case. I have now the honor to transmit
herewith a translation of the reply received from the minister, by
reference to which it will be seen that in case of your placing yourself
within reach of the authorities here the provisions of the law will be
enforced in your case.
The opinion of the minister of war may be accepted as the official
expression of the view of this Government in your case.
I have, etc.,
