Mr. Jackson to Mr. Olney.

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.,

John B. Jackson.
[Inclosure 1 in No. 459.]

Mr. Runyon to Baron von Marschall.

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.,

Theodore Runyon.
[Page 187]
[Inclosure 2 in No. 459.—Translation.]

Baron von Rotenhan to Mr. Runyon.

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.