Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 6, 1897

Mr. Uhl to Mr. Sherman.

Embassy of the United States,
Berlin, April 3, 1897. (Received April 16.)

No. 311.]

Sir: Referring to my dispatch No. 307, of the 29th ultimo, I have the honor to transmit herewith, a copy and translation of a note which has just been received from the German foreign office, in reply to my note of that date, in regard to the treatment of naturalized American citizens of German origin upon their return to their native country, and to be, sir, etc.,

Edwin F. Uhl.

[Inclosure in No. 311.—Translation.]

Baron Marschall to Mr. Uhl.

Foreign Office, Berlin, April 1, 1897.

In response to the note of the 29th ultimo, F. O. 203, the undersigned has the honor to inform his excellency the ambassador extraordinary and plenipotentiary of the United States of America, returning the inclosures therein transmitted, that the appropriate authorities have already, in 1868, received instructions in regard to the carrying out of article 2 of the decrees of the ministers of justice of July 5 and of the interior of July 6, of that year of the so-called Bancroft treaty. Later on the contents of these decrees were again brought to their attention. As the decision of the Imperial court of January 20, 1896 (Penal Gases, vol. 28, p. 127), referred to by the ambassador, coincides with the principles laid down in the decrees in question, and also with the carrying out of the same, and as no case wherein these principles have been violated has lately been brought to the attention of this office, there does not seem to be sufficient reason to again call the attention of the appropriate authorities to the instructions heretofore given. If naturalized German-Americans were at different times sentenced for the violation of military duty, and these cases were made the subject of discussion, this was caused by the fact that the authorities did not know that those persons were naturalized in America, and the sentence was at all times revoked wherever this fact was established.

The undersigned permits himself to add that these decrees do not affect the rights of the local authorities to expel, for state police considerations former German subjects who emigrated to America at or shortly before reaching the military age, and who, after naturalization there, returned to their native land, whenever they make themselves obnoxious or their presence seems undesirable for other reasons.

The undersigned avails himself, etc.

Marschall.