Mr. von Reichenau to Mr. Olney.
Washington, November 11, 1896.
Mr. Secretary of State: Josef Georg Surmann, who resides in Alsace-Lorraine, claimed, in February last, when an official investigation was held with a view to settling the question of his citizenship, to be a citizen of the United States, and produced, in support of his claim, the inclosed certificate of the United States consul at Freiburg in Breisgan.
- First, however, Karl Surmann, the father, was, at the time of the birth of his son, Josef Georg, i.e., on the 1st of July, 1873, a subject of the German Empire; for he is a native of Sennheim, where he was born July 3, 1850, and did not elect, during the time which was allowed for that purpose, to become a French citizen. He was, moreover, according to his own declaration, made before the Imperial authorities, a resident of Alsace-Lorraine at the time of the cession of that country to the German Empire in pursuance of the Frankfort treaty of peace of May 10, 1871.
- Second, he left the territory of the United States in the year 1874 with his son Josef Georg, before the latter had reached his second year. Josef Georg Surmann has never returned to the United States, and, so far as can be ascertained, has never, since attaining his majority, declared his option to become an American citizen.
It appears doubtful, under the circumstances, in view of the practice prevailing in the United States, whether Josef Georg Surmann should really be considered a citizen of the United States on account of his birth in this country. In the coincidently similar case of Speck, the I Swiss, for instance, it was denied by the United States Government that Speck was a citizen of the United States. (See Acting Secretary Seward’s note of August 20, 1878, in Wharton’s Digest of the International Law of the United States, Washington, 1886, Vol. II, §183, p. 396.) Compare also the note of Secretary Evarts, of December 31, 1878, loc. cit.
Josef Georg Surmann can assert his claim to American citizenship on no ground save that of his birth in the United States.
His father does, indeed, claim that he acquired American citizenship, through naturalization, for himself and also for his son (who was then a minor) during his stay in the United States. He has, however, failed to furnish any proof of this claim. The certificate produced by him, bearing date of September 14, 1874, which is herewith inclosed, merely shows that he made, on that day, before the judge in Cleveland, the sworn declaration of his intention to become an American citizen which must be made at least two years before naturalization, according to Title XXX, section 2165, subsection 1, of the Revised Statutes of the United States, edition of 1878.
There is, however, absolutely no proof that Karl Surmann was afterwards naturalized, and the contrary seems to be shown by the fact that he finally left the United States in the latter part of the year 1874, after a residence of little more loan three years, thus failing to meet the requirement of section 2170 of the Revised Statutes, which reads thus:
No alien shall be admitted to become a citizen who has not, for the continued term of five years next preceding his admission, resided within the United States.
I have the honor most respectfully to remark, in this connection, that the statement made in the certificate of September 14, 1874, viz, that Karl Surmann arrived in the United States in July, 1870, is, according to his own subsequent declarations, erroneous, and that he did not leave Sennheim, his birthplace, until May, 1871.
I will further add, for the sake of completeness, that Karl Surmann, the father, took up his abode at Muhlhausen, Alsatia, after his return from the United States with his family; that he removed thence in February, 1876, to Fontaines-les Luxenil, in France, and remained there until October, 1888, that is to say, he resided there uninterruptedly for more than ten years, which involved the loss of German citizenship for himself, his wife, and minor children, including his son Georg Josef (Josef Georg?). The family have again lived at Sennheim, their old home, since 1888.
I have the honor, in obedience to instructions received, most respectfully to request your excellency, in consideration of the reasons above stated, to examine the question of Georg Josef (Josef Georg?) Surmann’s citizenship, and to inform me of the conclusion reached by you. I likewise request that the two inclosures may be returned to me.
Accept, etc.,