Mr. Coleman to Mr.
Blaine.
Legation of
the United States,
Berlin, February 20, 1892.
(Received March 11.)
No. 391.]
Sir: I have the honor to acknowlege the receipt, on
the 27th of November last, of your instruction No. 329 of the 11th of that
month, directing that the case of Charles E. Heintzman, a naturalized
American citizen, ordered by the authorities of Alsace-Lorraine to report
for military duty or suffer a certain penalty, be brought to the attention
of the foreign office.
On the date of the receipt of your instruction the legation addressed a note
to the foreign office in behalf of Heintzman. Copies of that note and of a
reply thereto, received to-day, together with a translation of the latter
document, are herewith inclosed.
[Page 181]
From the communication from the foreign office it will be perceived that the
German Government claims that he still possesses his original German
allegiance, and that consequently his name can not be stricken from the
German military lists. It is at the same time intimated, however, that
favorable consideration would, in view of the peculiar circumstances of the
case, be given to a proper application by Heintzman for a discharge from
that allegiance, which, when obtained, would secure the relief sought.
The provisions of the law of 1870, referred to in the inclosed note from the
foreign office, are, in so far as they are pertinent to this case, appended
hereto.
The declaration on the part of the German Government that Heintzman still
possesses German allegiance can only be based on their claim asserted in a
number of earlier notes from the foreign office and discussed in a
voluminous correspondence, which will be found on the files of the
Department, that none of the treaties regulating nationality (Bancroft
treaties) negotiated between the United States and the German states in 1868
apply to the territory of Alsace-Lorraine.
I have, etc.,
Imperial law of June 1, 1870, relating to the
acquisition and loss of allegiance in Germany.
- Sec. 13. State allegiance shall in
future he lost only hy a sojourn ahroad of ten years’
duration.
- Sec. 14. The discharge is granted hy the
issue of a discharge document by the superior administrative
authority of the state of nativity.
- Sec. 15. The discharge will not be
granted until a certificate is ohtained from the circuit recruiting
commission (Kreis-Ersatz-Commission) showing that the same is not
sought for the sole purpose of evading service in the standing army
or navy.
[Inclosure 1 in No. 391.]
Mr. Phelps to Baron
von Marschall.
Legation of the United States,
Berlin, November 27,
1891.
F. O. No. 272.]
The undersigned, envoy, etc., of the United States of America, acting
under instructions from his Government, has the honor to invite the
attention of His Excellency Freiherr Marschall von Bieberstein, imperial
secretary of state for foreign affairs, to the case of Charles (Karl) E.
Heintzman, a naturalized American citizen.
The facts as submitted to the legation are as follows: Heintzmann was
horn at Bischweiler, in Alsace, and emigrated in 1881 with his mother
while about 13 years of age to America where he has since resided. He
was naturalized in Adrian, in the State of Michigan, on the 4th of
Octoher, 1889.
Heintzman has recently received notice from the imperial court at
Bischweiler, Alsace, to report for military duty in the German army
within fifty days from the date of the order, stating that should he
fail to comply therewith, his inheritance from his grandfather, the late
Christian of Bischweiler, would he mulcted to the amount of 600 R.
marks.
The undersigned hegs that his excellency will kindly cause an
investigation of this case to he made, and if the facts prove to he as
stated, that Heintzman’s name may be stricken from the military rolls,
and that any attachment issued against his inheritance may be vacated,
or if the fine has already been collected, that it may be returned.
The undersigned avails, etc.,
[Page 182]
[Inclosure 2 in No.
391.—Translation.]
Baron von Rotenhau
to Mr. Coleman.
Foreign
Office,
Berlin,
February 19, 1892.
Replying to the note of the 27th of November last, F. O. No. 272, the
undersigned has the honor to inform the chargé d’affaires of the United
States of America, Mr. Chapman Coleman, that Charles Emil Heintzman was
on December 19, 1888, condemned by the land court in Strasburg, for
violation of military duty, to a fine of 600 marks, and to the costs of
the proceeding, amounting to 75.76 marks.
To secure this claim a mortgage was entered against certain real estate
accruing from the estate of a grandfather to him and his brother in
common.
At present Heintzman still possesses German nationality, as during his
minority, the ten year period provided in section 21 of the imperial law
of June 1, 1870, relating to the acquisition and loss of imperial and
state allegiance, did not run; his name cannot, therefore, be stricken
from the military lists.
In the year 1889 an uncle of Heintzman, the carpenter, Wilhelm Heintzman,
of Bischweiler, made application for the remission by pardon of the
above mentioned fine and costs. The request was, however, refused for
the reason that in accordance with the principles uniformly applied in
this respect, the pardon of persons punished for violation of military
duty, who are Germans, can only then be considered when they present
themselves for the performance of that duty. In view of the particular
circumstances and in particular of the early emigration of Heintzman and
of his having in the meantime acquired American citizenship, it was at
that time made known to him that a recommendation of pardon was
contemplated in case he should procure a discharge from German
allegiance (sections 13 and 14 of above-mentioned law) upon the
submission of the certificate provided for in section 15 of the law of
June 1, 1870.
To this stand-point the imperial government still firmly adheres. It
rests therefore with Heintzmann to take the steps necessary for the
granting of the discharge. Whether the still requisite certificate will
be issued by the Ersatz Commission depends upon the result of the
consideration of that authority.
The undersigned avails, etc.,
