Mr. Runyon to Mr. Gresham.
Berlin, December 20, 1894. (Received Jan. 14, 1895.)
Sir: I have the honor to report to the Department the case of August Junge and my action therein.
It appears that Mr. Junge left Germany under circumstances such as to constitute the offense of desertion, and went to the United States, where he became naturalized. After his naturalization he returned to Germany and was arrested and tried for and convicted of that offense. From the first information I received in the case, which proved to be imperfect, I deemed it proper to intervene in his behalf, and having been informed that the authorities intended to compel him to do military service, I, in my note to the foreign office (F. O. No. 154) dated October 30, 1894, of which a copy is herewith inclosed, made reference to the reported intention so to impress him, and, so far as seemed advisable under the circumstances (the fact not being established), used deprecatory language in regard to it, as will be seen by the note.
It appears that he was not impressed, but has been sentenced to imprisonment for a term of eighteen months, upon which he has entered. There seems to be no question that he was a deserter when he went to the United States. According to his brother’s statement on the subject, made to this embassy in his behalf, Mr. Junge was born at Celle, in the province of Hanover, May 28, 1867, and in 1887 he was taken as a recruit for the military service. He was permitted to go on leave till November 2, 1887, with orders to report for duty at that time. He did not obey, but emigrated to America to avoid the service. That he was a deserter is not denied or disputed.
It has been so frequently and uniformly held that the treaty does not [Page 531]protect such deserters against trial and punishment on their return to Germany, although they have become naturalized as citizens of the United States, that I have not thought it advisable, though urged to do so, to intervene to claim immunity for him. It is, perhaps, quite unnecessary to make any reference to cases on this point; nevertheless I venture to cite Hans Jacobson’s case ( Foreign Relations, 1888, Vol. I, p. 586, Minister Pendleton, and p. 589, Secretary Bayard), in which, under similar circumstances, the action of the minister in declining to make application in the absence of instructions was approved.
I have, etc.,