Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1896, and the Annual Report of the Secretary of State

Mr. Jackson to Mr. Olney.

Embassy of the United States,
Berlin , March 28, 1896 . (Received April 10.)

No. 518.]

Sir: Referring to the embassy’s dispatch, No. 442, of December 31, 1895, I have the honor to append hereto a memorandum report of certain military cases, more particularly mentioned below, which have either not yet been referred to in correspondence with the Department, or which have received attention subsequent to their having once been reported, and to be, etc.,

John B. Jackson.

[Inclosure in No. 518.]

• No. 1. Gerhard Brand (see instruction, No. 387, of August 15, 1895, and previous correspondence) was released from prison, after having served six months for desertion from German military service, on November 29, 1895, and since that time, until the end of Febuary last he has resided, without molestation by the local authorites at Watenstedt, in the Duchy of Brunswick.
• No. 2. Anton Schweichler was born in Prussia in 1862, and emigrated to America in 1886, where he became naturalized at Philadelphia in 1891. In June, 1895, he returned on a visit to his parents, and after a few days’ sojourn in Friedland, in East Prussia, he was arrested, and in order to avoid imprisonment was forced to pay a fine, which with costs amounted to $188.04, on account of his emigration without permission. The case was brought to the attention of the foreign office on July 22, 1895 (F. O. 271), and after repeated efforts to obtain an answer the embassy was informed, under date of January 13, 1896, that the case had been recommended to the Emperor for favorable action, and under date of March 5, 1896, that the return of the money paid as a fine and as costs had been ordered. Schweichler had informed the embassy that it was his intention to return to America in February in case the money which he needed to help pay his expenses was returned to him by that time, and it is presumed that he has been able to do so.
• No. 3. Nick Boschen was born in Germany, and when about 17 years of age emigrated to the United States, where he duly became naturalized as an American citizen. In July, 1895, he returned to Prussia on a visit to his parents, and on the 26th of that month he was, in order to avoid imprisonment, compelled to pay a fine of 200 marks for having emigrated without permission. On August 6 he received notice from the local authorities that he must leave Prussia within eight days. He thereupon appealed to the embassy, and intervention was made in his behalf on August 10, 1895 (F. O. 279), with the result that he was enabled to finish his visit as intended without further molestation. Under date of February 1, 1896, the embassy was informed that the money paid by Boschen as a fine had been ordered to be returned to him. As Boschen had already gone to America, the embassy has offered its services as a means for the transmission of this money to him.
• No. 4. John Aloys Naderhoff was born in Germany in 1868, and emigrated in 1882 to the United States, where he became naturalized at Chicago in 1893. In November, 1895, he returned on a visit to Germany, where he was almost immediately arrested and forced to pay a fine for his failure to report for military service. Upon his appeal to the embassy, intervention was made, in his behalf on December 16, 1895 (F. O. 331), which, as the embassy was informed that in the meantime Naderhoff had been further molested, was repeated on January 4, 1896. As a result Naderhoff was not again troubled, and under date of January 21, 1896, the embassy was informed that the money which he had been compelled to pay would be returned to him.
• No. 5. Konrad H. Brandt was born in Baden in 1862, and emigrated to the United States in 1883, where, after a residence of more than ten years, he became naturalized at New York in 1894. Soon after he returned to Germany on a visit, and in June, 1894, he was sentenced as a deserter from the army to ten months’ imprisonment, at the expiration of which he was put into the military service in a Baden infantry regiment. The case was brought to the attention of the embassy in December, 1895, and on January 2, 1896, intervention was made in Brandt’s behalf, and his immediate release from involuntary military service was requested, as it could not be presumed that such service was “to be considered as a part of the punishment to which he was sentenced for his desertion.” Under date of March 9, 1896, the foreign office informed the embassy, in reply to its note (F. O. 339), that Brandt had been released on January 7, five days after the embassy’s intervention. Brandt had previously informed the embassy of his release, and that he intended returning soon to America.
• No. 6. August Bialou was born in Prussia in 1872, and emigrated in 1888 to the United States, where he became naturalized in January, 1894. In March of the same year he returned on a visit to his parents, and soon after his return he was arrested on a charge of embezzlement, committed before his emigration, and tried and sentenced. He then appealed to the embassy, but as his case came within the provisions of article 2 of the treaty of 1868, no action in his behalf was taken. In January, 1896, Bialou informed the embassy that his term of imprisonment for embezzlement would end on February 10, but that in default of payment of a fine of 155 marks he understood that he was to be kept in prison for another month, on account of his failure to perform military service, the fact that he was an American citizen being doubted, as it was claimed that he had not left his home until 1893, and hence that his naturalization in 1894 could not be legal. As his papers appeared to be in order, intervention in his behalf was made on February 1, 1896 (F. O. 359), and the request was made that he either be released upon the expiration of his sentence for embezzlement and allowed to return to America, as he said he desired to do, or that if it was proven that he was illegally naturalized, his certificate might be sent to the embassy for such action as might be found necessary. Under date of February 25, 1896, the foreign office replied that Bialou had been released and that action upon the question as to the legality of his naturalization would be suspended until the question has been reinvestigated.
• No. 7. Benjamin Millakowski’s case was reported in dispatch No. 190, of January 15, 1895. On March 14, 1896, a letter was received from him, from which it was ascertained that he was still living in Konigsberg, and that the local authorities insisted upon his leaving before the 1st of April next. In reply he was informed that the embassy “did not feel at liberty to assist him in his efforts to remain indefinitely in Prussia, especially as it had no reason to believe that the Prussian authorities would insist upon his expulsion under circumstances which might endanger his health.” Nothing further has been heard of the case.