Mr. Runyon to Mr.
Gresham.
Embassy
of the United States,
Berlin, December 20,
1894. (Received Jan. 14, 1895.)
No. 178.]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.,
[Inclosure 1 in No.
178.]
Mr. Runyon to
Baron Marschall.
Embassy of the United States,
Berlin, October 30, 1894.
The undersigned, ambassador, etc., of the United States of America,
begs very respectfully to solicit the attention of His Excellency
Baron Marschall von Bieberstein, imperial secretary of state for
foreign affairs, to the case of August Junge, a naturalized American
citizen of German birth. Junge was born at Celle, in Hanover, May
28, 1867, and emigrated in 1887 to the United States, where he
became naturalized as an American citizen on the 11th day of
September last, as shown by the certificate, which is herewith
inclosed, with the request that it be ultimately returned. It
appears that Junge left the United States on the 13th of September
last and came to Hamburg on a visit; that after his arrival he was
arrested and held in custody under sentence to pay a fine of 200
marks, which had been adjudged against him after his emigration for
alleged desertion from military service. The undersigned is informed
that the record of the sentence shows a condemnation merely to pay
the fine mentioned.
After his arrest and while he was in custody, Junge’s brother, in
order to obtain his discharge, offered to pay the fine and deposit
the amount with the United States consul at Hamburg accordingly, and
the consul made application for the discharge, offering to pay the
money; but the application was denied on the ground, it is said,
that Junge was to be held in custody for an investigation by the
military authorities at Altona (to which place he is to be sent)
into his alleged desertion, and he is so held accordingly.
It would appear from this statement that it is designed to try him a
second time for the same alleged offense for which he has already
been tried and sentenced. It is also given out that it is intended
to compel him, notwithstanding his American citizenship, to enter
into the German military service. Inasmuch as the undersigned can
not think that such intention is entertained by the German military
authorities to compel an American citizen to forced service in the
German army, and as no evidence which the undersigned deems
sufficiently trustworthy to warrant action on his part in that
direction is before him, he refrains from troubling his excellency
on that head.
The undersigned very respectfully asks that his excellency will cause
the subject to be investigated, and if the facts are found to be as
stated, will direct that the necessary steps be taken to release Mr.
Junge from his imprisonment.
The undersigned avails, etc.,
[Page 532]
[Inclosure 2 in No.
178—Translation.]
Baron Rotenhan
to Mr. Runyon.
Foreign Office, Berlin, December 10,
1894.
In response to the note of October 30 last (F. O., No. 154), the
undersigned has the honor to state the following to his excellency
the ambassador extraordinary and plenipotentiary of the United
States of America, Mr. Theodore Runyon, regarding the arrest of the
American citizen, August Junge.
Junge, born at Celle on May 28, 1867, was accepted in 1887 at Harburg
by the main recruiting commission (Ersatz Kommission), and was
ordered to report on November 1 of the same year. He did not appear,
however, at the date fixed for him to report, and the investigations
which were instituted showed that he had left for America. In
consequence thereof he was, on September 24, 1887, by sentence of
military court, declared a deserter, and in
contumaciam legally sentenced to pay a fine of 200
marks.
On October 27 last Junge was arrested at Hamburg by order of the
military authorities, and was tried by a military court. At the
trial Junge acknowledged that he emigrated to America for the
purpose of permanently escaping the fulfillment of his lawful duty
of military service. His desertion had actually taken place before
his emigration—when he left Harburg in October, 1887—and as
prosecution was not barred by limitation, article 2 of the treaty
with the United States of America of February 22, 1868, is applied
to him.
Junge knew, by the way, that he would be tried and punished for his
desertion, as he, according to his own statement, did not on his
return go to live with his mother, because he was afraid that he
might be found there more easily.
While the undersigned returns the inclosure of the note referred to,
he avails himself, etc.
