Ambassador Tower to
the Secretary of State.
American Embassy,
Berlin, January 18,
1906.
No. 876.]Sir: I have the honor to acknowledge the
receipt of your dispatch No. 438,a of the 13th of December, 1905, relating to the
case of
[Page 649]
Maurice Kahn, a
naturalized American citizen, born in Alsace, who has been fined 600
marks for nonperformance of military service and to whom permission to
visit his birthplace has recently been refused by the German authorities
on the ground that as he was a native of Alsace he is held to be still a
German subject, notwithstanding his naturalization in the United States;
and you instruct me in that dispatch to keep Mr. Kahn’s case in mind and
continue my efforts in his behalf, making it clear that the United
States Government does not acquiesce in the contention of the German
Government as to the nonapplicability of the Bancroft naturalization
treaties to Alsace-Lorraine.
In compliance with these instructions, I have addressed a note, dated
January 16, 1906, to the Imperial German minister for foreign affairs, a
copy of which is herewith attached, in which I have recalled his
attention to the case of Mr. Kahn, and whilst I have informed the
minister for foreign affairs that by your direction I am to continue my
efforts in behalf of the said Kahn, “making it clear that the United
States Government does not acquiesce in the contention of the German
Government as to the nonapplicability of the Bancroft naturalization
treaties to the Alsace and Lorraine,” I have asked him to take again
into consideration the request of the said Maurice Kahn for permission
to revisit his home in Germany, and that if the facts were found to be
substantially stated by Kahn, and in view of his naturalization as a
citizen of the United States, a permit may be granted to him to make
such a visit.
I have, etc.,
[Inclosure.]
Ambassador Tower to the Minister for
Foreign Affairs.
The undersigned, ambassador of the United States of America, has the
honor to recall the attention of his excellency Baron von
Bichthofen, minister of state and imperial secretary of state for
foreign affairs, to the case of one Maurice (Moritz) Kahn, a
naturalized American citizen of German birth, whose request for
permission to revisit his former home in Alsace-Lorraine was
presented to the imperial ministry for foreign affairs by the note
F. O. No. 603, addressed to it by this embassy on the 25th of July,
1905, in which note the request was respectfully made that if the
facts were found to be substantially in accordance with the
statements made by the said Maurice Kahn, namely: That he was born
at Biesheim, Ober-Elsass, Kreis Colmar, on June 30, 1879; he
emigrated to the United States at the age of 12 or 13 years, and
since then has never been in Germany; and that before his emigration
he lived at Biesheim and at Ittersweiller, Unter-Elsass, his desire
might be acceded to.
The reply to this note, which the ambassador of the United States has
had to receive from the imperial ministry for foreign affairs in its
note No. IIIb 1472765699, dated the 28th of October, 1905, informs
him that “as Kahn is still a subject of Alsace-Lorraine, he requires
no special permission to reside in his own country, but if he should
return, he would be liable to fulfill the sentence passed upon him,
as well as to the ultimate performance of his military service.”
The ambassador of the United States has reported this reply to his
Government and has received instructions which direct him to “keep
Mr. Kahn’s case in mind and continue the efforts in his behalf,
making it clear that the United States Government does not acquiesce
in the contention of the German Government as to the
nonapplicability of the Bancroft naturalization treaties to
Alsace-Lorraine.”
Acting under these instructions, therefore, the ambassador of the
United States has the honor to ask that the imperial ministry for
foreign affairs will
[Page 650]
take
again into consideration the request of the said Maurice Kahn for
permission to revisit his home in Germany, and that, if the facts
are found to be substantially as stated by Kahn, and in view of his
naturalization as a United States citizen, a permit may be granted
to him to make such a visit.
The undersigned ambassador avails himself of this opportunity to
renew to his excellency Baron von Richthofen, etc.,
