Mr. Phelps to Mr.
Blaine.
Legation of
the United States,
Berlin, March 2, 1891.
(Received March 14.)
No. 245.]
Sir: I transmit herewith the reply of the imperial
foreign office to our intervention in the case of John Haberacker.
The Government of the Empire in this reply does nothing except to transmit
under imperial form and in imperial words the conclusion, and the arguments
to support it, of the Bavarian Kingdom, in whose army Haberacker is now
serving.
In my dispatch No. 224, of January 31 last, treating of the case, I called
attention to this peculiar feature: there was no evidence that Haberacker
had applied for or even desired his release from military service. No word
has been received from him nor sign made by him since that date.
[Page 507]
Under these circumstances there seems no necessity of special dispatch in
traversing and discussing the conclusion reached by the German Government,
and I transmit its communication, asking for such suggestions for my reply
as you may be pleased to send me.
I have, etc.,
[Inclosure in No.
245.—Translation.]
Freiherr von
Rotenhan to Mr. Phelps.
Foreign
Office,
Berlin,
February 28, 1891.
Recurring to the note verbale of the’31st ultimo, the undersigned has the
honor to inform the envoy extraordinary and minister plenipotentiary of
the United States of America, Mr. William Walter Phelps, that the Royal
Bavarian Government does not consider the American citizenship of John
Haberacker, now performing-military service in Bavaria, as proven. In
section 1993, Revised Statutes, the principle is laid down that the
citizenship of the father decides that of the children, and it is not to
be assumed that this principle, which coincides with all known views of
law, was intended to be modified by section 1994 or section 2172.
As regards section 2172, it, in connection with the two above-cited
provisions of law, may, according to the views of the Bavarian
Government, well give rise to a doubt that the naturalization of both
parents is requisite to convey American citizenship to their minor
children also, or whether the naturalization of the father alone is
sufficient. From this provision the conclusion cannot, however, be
arrived at, notwithstanding the conflicting decision of a single
American court, that a minor whose father, as in Haberacker’s case, has
never lived in the United States should acquire American citizenship
solely by virtue of the naturalization of his mother.
The Royal Bavarian Government therefore believes that John Haberacker
should continue to serve with the flag, unless it is convincingly proven
by appropriate American authority that by the law of the United States
he has acquired American citizenship by the marriage of his mother with
an American.
The undersigned avails, etc.,
