Mr. Jackson to Mr.
Olney.
Embassy
of the United States,
Berlin, January 29,
1896. (Received Feb. 17.)
No. 459.]
Sir: I have the honor to inclose herewith a
copy of the correspondence, more particularly described below, between
this embassy and the Imperial foreign office, in the case of Mr. Emil B.
Kauffmann, a naturalized citizen of the United States, of Alsatian
birth.
It will be seen from the foreign office’s note that, while the fact that
during Mr. Kauffmann’s absence from Germany he became an American
citizen has had a somewhat favorable effect, at least for the present,
the German Government again takes advantage of the occason to state its
views regarding the nonapplicability of the Bancroft treaties to the
province of Alsace-Lorraine.
I have, etc.,
[Inclosure 1 in No.
459.]
Mr. Runyon to
Baron von
Marschall.
Embassy of the United States of America,
Berlin, December 16, 1895.
The undersigned, ambassador, etc., of the United States of America,
has the honor to invite the attention of His Excellency Baron
Marschall von Bieberstein, Imperial secretary of state for foreign
affairs, to the case of Emil B. Kauffmann, a naturalized American
citizen.
The facts in this case as reported by Mr. Kauffmann’s father, Johann
Baptiste Kauffmann, of Wittelsheim, Ober-Elsass, are as follows:
Emil B. Kauffmann went to America at the age of 17 in order to better
his condition and to be able to help support his parents and their
children. He originally intended to return to Germany and to perform
his military service, but subsequently, on account of his having
obtained steady employment and for other reasons, he gave up this
idea and became naturalized as a citizen on September 25, 1893, in
South Dakota, as shown by the certificate herewith inclosed with the
request for its ultimate return. After an absence of about seven
years Mr. Kauffmann returned to Germany, on the 10th instant, on a
visit to his family, and at once reported his arrival to the Kreis
director at Thaun. During the night following he was arrested and
put in prison at Mtil-hausen on a charge of failure to report for
military duty at the proper time.
The undersigned has the honor to request that his excellency will
kindly cause an immediate investigation of this case to be made, and
that such measures will be taken as are necessary to secure the
speedy release of Mr. Kauffmann from prison and his freedom from
further molestation.
The undersigned avails, etc.,
[Page 187]
[Inclosure 2 in No.
459.—Translation.]
Baron von
Rotenhan to Mr. Runyon.
Foreign Office,
Berlin, January 25,
1896.
The undersigned has the honor to inform his excellency the ambassador
extraordinary and minister plenipotentiary of the United States of
America, Mr. Theodore Runyon, with reference to his note of the 16th
ultimo (F. O. 332), and while returning the inclosure therein, that
the provincial court at Mülhausen, by legal decision of the 16th
ultimo, has canceled the order which was issued for the arrest of
the American citizen Johann (Emil) Baptiste Kauffmann, and has
acquitted him of the charge of evading military duty. The court did
not consider it as proven that Kauffmann had emigrated in 1888 in
order to avoid serving in the German army, nor that he remained
abroad after becoming of age for military duty with this
purpose.
As the treaty of February 22, 1868, does not extend to
Alsace-Lorraine and as the period of ten years (to be reckoned from
the time of his coming of age) referred to in section 21 of the
Imperial law of June 1, 1870, relating to the acquisition and loss
of Imperial and State allegiance has not expired, Kauffmann is still
regarded as an Imperial subject. He would accordingly be treated as
one who could not be depended upon to fulfill his military
obligations, and be impressed into the German army; but as he has
acquired American citizenship, for the present no such measures
compelling him to serve will be taken.
The undersigned avails, etc.
