Mr. Tower to Mr.
Hay.
American Embassy,
Berlin, June 11,
1904.
No. 382.]
Sir:
* * * * * * *
Regarding the case of Emil Vibert, a naturalized American citizen, who
has asked for permission to return to Lorraine upon a visit to his
father, I have received a note from Doctor von Mühlberg, a copy and a
translation into English of which are hereto attached, in which the
acting secretary of state says, in answer to my request that the fine
imposed upon Mr. Vibert for nonperformance of military duty should be
removed, that, “the annulment of the fine and costs could be obtained
only as an act of grace”, and, therefore, he suggests that Mr. Vibert
shall address to the Emperor a petition for the annulment of the fine
with costs and for his release from German allegiance.
If Mr. Vibert chooses to avail himself of this proposition and will send
to me accordingly a petition addressed to the Emperor, I shall transmit
it, with your approval, to the imperial ministry for foreign affairs,
and shall support it, in so far as may be proper for me to do so. I am
inclined to believe that such a petition would be granted.
I have, etc.,
[Inclosure.]
Doctor von
Mühlberg to Mr. Tower.
Imperial Ministry for Foreign Affairs,
Berlin, June 8, 1904.
In reply to the note of the 27th of May, the undersigned has the
honor to inform His Excellency, Mr. Charlemagne Tower, ambassador
extraordinary and [Page 322]
plenipotentiary of the United States of America, that the ten years
residence abroad by which a German loses his allegiance to Germany,
in accordance with paragraph 21, clause 1, of the imperial law of
June 1, 1870, does not apply to minors, but only to such as have
attained their majority. In the case of Emil Vibert, who was born on
the 1st of February, 1874, this term can only be reckoned from the
1st of February, 1895, and has therefore not yet been concluded.
Under these circumstances Vibert is still a German subject, as was
stated in the note verbale of the imperial ministry for foreign
affairs, dated March 27, 1904.
In that note verbale it was stated that, in view of the intervention
of his excellency the ambassador in Vibert’s behalf, the proper
authorities would be willing to release him from his German
allegiance upon his making such a request and paying the fine
outstanding against him, together with the costs. The annulment of
the fine and costs could only be brought about by an act of grace.
Vibert’s interests would, therefore, probably best be served by his
addressing a petition to His Majesty the Emperor, praying for the
annulment of the fine and costs imposed upon him in consequence of
his having evaded his military duties, and for his release from
German allegiance. If the ambassador will support such a petition in
having it sent to the imperial ministry for foreign affairs, the
undersigned will gladly lend his good offices, in view of the
special interest in this case taken by the ambassador, to the end
that the petition may reach its high destination.
The undersigned avails himself, etc.,
