Mr. Phelps to Mr. Blaine.
Berlin, January 31, 1891. (Received February 18.)
Sir: I am in receipt of your instruction requesting me to fully state the present condition of the case of Mr. John Haberacker.
The case of Mr. Haberacker was presented to the foreign office as urgent September 23 last. As nothing was heard of the case, either from the consulate at Nuremberg or from Mr. Haberacker himself, the legation had assumed that Mr. Haberacker had been discharged, and that the foreign office, as is often its practice under such circumstances, would either make such reply at its leisure or assume that its prompt recognition of the legation’s request by the discharge of the soldier made a formal reply unnecessary.
It may be proper here to say that we have as yet had no direct evidence from Mr. Haberacker himself that he has any desire to leave the Bavarian army. He has never addressed a word to the legation, nor caused any word to be addressed to it by any person here in his behalf. I believe that Mr. Consul Black himself, though in the city where his regiment is stationed, has never heard from or seen him. This is so different from ordinary cases, where the soldier impressed generally takes every opportunity to announce his fate, to bewail it, and to clamor for a speedy deliverance from it, that it is inexplicable.
Immediately on the receipt of your instruction of January 12, Mr. Coleman went personally to the foreign office and insisted upon prompt action. They had nothing there to communicate except that the matter had been transmitted to Munich. This was not surprising, as the machinery of federal relations between the German Empire and the Bavarian Kingdom has never yet worked easily or smoothly. In every case since I have been in charge, notably in the case of Mr. Rosenwald’s exequatur as consular agent at Bamberg, progress was made only after greatest delay by my almost personal influence and solicitation both at the Berlin and Munich ends.
Mr. Coleman received a promise that the case should receive speedy attention. If we get no fruits of the promise in a day or two, I will make formal and written inquiry. Before this personal interview at the foreign office, to assure ourselves that Mr. Haberacker was not already discharged, we telegraphed to Mr. Black. We inclose a copy of his written and telegraphic reply. You will notice that even there, at close range, there is so little expression of dissatisfaction, if any, on the part of Mr. Haberacker that the consul finds it difficult to find out for certain if the young man is still in the army or not. If in, he has all the liberty of the mail and of the consul’s office, and his is the first case within the knowledge of the legation where a person in his circumstances has not used all these opportunities with annoying assiduity.
Notwithstanding Mr. Haberacker’s indifference and the lack, apparently, of any request or wish from him for the intervention of our Government, I will, under instruction, follow up the case as if it had the usual form and merits, unless I receive word to the contrary from the Department.
I have, etc.,
Since the signature was appended to the above dispatch a communication on the subject has been received from the foreign office, a translation of which is herewith inclosed.