Mr. Hay to Mr.
Jackson.
Department of State,
Washington, April 16,
1901.
No. 1189.]
Sir: I inclose herewith copies of two
dispatches from the consulate-general at Frankfort with respect to the
issuance of an order by the Prussian Government restricting the right of
sojourn in Prussia of naturalized Americans of German birth.
The order seems to apply only to such former German subjects as have
acquired American citizenship, and to be therefore a discrimination
against them on that account.
In order that the Department maybe fully advised as to this, it would be
pleased to have you report whether former Germans who have become
naturalized in other countries than the United States are, upon their
return to Prussia, expelled therefrom after a limited stay of a few
weeks or months, or whether they are permitted to reside there
indefinitely and to carry on business either for themselves or as agents
of foreign commercial houses.
I am, etc.,
[Inclosure 1.]
Mr. Murphy to
Mr. Hill.
Consulate-General of the United States,
Frankfort on the Main,
January 11, 1901.
No. 55, Consular clerk
series.]
Sir: As a matter of considerable importance
to a large class of American citizens, I have the honor to inclose a
copy of a letter recently addressed to the consul at Magdeburg by
the royal police praesidium at that place, which apparently
indicates
[Page 176]
clearly that a
general order has recently been issued by the Prussian Government
restricting for our naturalized citizens of German birth the right
of temporary sojourn in Prussia, thus discriminating between our
native and naturalized citizens in what seems to me direct violation
of the protocols appended to the convention of February 22, 1868,
under which naturalized citizens are entitled to the same rights as
native citizens.
The recognized right of a government to expel individuals seems to me
to be a different thing from a general order which affects an entire
class, especially if it applies only to Germans who have become
American citizens and not to Germans who have been naturalized in
other countries.
If it be held that this is not a matter in which protest can properly
be made, are not our citizens of German birth at least entitled to
know of this decision in order that they may take the risk into
consideration before going to the expense of returning to Germany
for brief visits or as representatives and promoters of American
trade? (See circular of March 27, 1899.) During the year that I have
recently spent in Germany I have had five or six such cases, usually
poor people who have had no intention or desire to remain in Germany
more than a month or two. I have never known of a case where a
wealthy American citizen of German birth has been interfered with in
this way upon his return to Germany for prolonged or permanent
residence.
In every case which I have reported to the embassy it has succeeded
in obtaining for the person permission to extend his visit two or
three weeks, but in each instance the American citizen has informed
me that he would not have gone to the expense of the journey if he
had been cognizant of the fact that he could be expelled at once by
order of an official having local authority, no matter how peaceably
he might conduct himself.
In most such cases the object of the order of expulsion seems to be
merely to compel the individual to renounce his American
citizenship, thus removing the one obstacle to his enforced
enlistment in the German army. In some cases the expulsion may be
meant simply as a warning to would-be emigrants.
In the special case of Albert Ehrenstroem the embassy has asked for
an extension of his time, but I hope that the Department will decide
that it is right to give to the press the substance of the letter
addressed by the Royal Prussian police presidium at Magdeburg to
Consul Baehr.
I have, etc.,
George H. Murphy,
Consular Clerk.
[Subinclosure.—Translation.]
Royal Police Presidium,
Division 2, No. M.
2710,
Magdeburg,
December 21,
1900.
Answer to a letter of December 12, 1900:
The order to Albert Ehrenstroem to leave Prussian territory before
February 1, 1901, is based upon an instruction from a higher source
under which Germans formerly liable for military service who return
to Germany after having acquired American citizenship are to be
permitted to remain only for a short time, which is to be measured
by the circumstances and purposes of their sojourn. The period
allowed in the above-mentioned case appears to be sufficient.
Memorandum: Ehrenstroem emigrated with his parents when he was 13
years of age. He was then too young to serve in the army, and
his emigration was not opposed. It is clear that he was not an
evader of any obligation to the Prussian Government, but that as
a child he naturally accompanied his parents.
[Inclosure 2.]
Mr. Murphy to
Mr. Hill.
Consulate-General of the United States,
Frankfort on the Main,
March 21, 1901.
No. 58, consular clerk
series.]
Sir: Referring to my dispatch of January 11
last, reporting the issuance of an order by the Prussian Government
restricting the right of sojourn in Germany of naturalized
[Page 177]
American citizens of
German birth, I have the honor to inclose herewith a clipping from
the Frankfort Kleine Presse containing the same information as the
letter from the police president at Magdeburg, a copy of which
accompanied my former report.
It accordingly now appears certain that a general order has been
issued discriminating against such expatriated Germans as have
acquired American citizenship. No mention is made either in the
letter of the police president or in the inclosed newspaper article
of Germans who have acquired any other nationality.
It is furthermore of interest to our citizens of German birth who may
desire to visit their old homes or to settle in Germany as
representatives of American commercial houses and promoters of
American trade that the question as to how long they may be
permitted to remain is left to the decision of the local police
authorities, and that such permission can not be extended beyond
weeks or months at most, if the person emigrated without first
performing military service.
This restriction of the right of sojourn applies even to persons who
emigrate as minors with their parents before they have reached the
age when they can be compelled to serve in the army.
I have, etc.,
George H. Murphy,
Consular Clerk.
[Subinclosure.]
translation from the frankfort kleine presse
of march 20, 1901.
Military.—By higher authority the attention of
police and municipal officials has been called to the following:
Persons who, before fulfilling their military obligations or for the
purpose of avoiding the same, have emigrated to the United States of
America, and there acquired American citizenship, will be permitted
to remain in Germany only for a period of weeks or months according
to the circumstances of each case, but they will not be permitted to
settle permanently in Germany.
