File No. 5326/3–4.

Ambassador Tower to the Secretary of State.

No. 1118.]

Sir: In accordance with the instructions contained in your dispatch No. 588, of the 15th of December, 1906, in which you inclosed to me a copy of a letter from Mr. Henry Schultheis, of New York, who desires permission to visit his former home in Germany, I have the honor to report to you that the case of Mr. Schultheis was immediately submitted to the imperial German ministry for foreign affairs, and that I have to-day received, under date of the 6th of March, 1907, a note in reply from the ministry for foreign affairs, a copy and a translation into English of which are herewith respectfully inclosed. It appears from this note that Mr. Schultheis will not be permitted to return to Germany on a visit unless he is willing to submit himself to trial for desertion.

I have, etc.,

Charlemagne Tower.
[Inclosure.—Translation.]

The Minister for Foreign Affairs to Ambassador Tower.

note verbale.

The imperial German ministry for foreign affairs has the honor, in reply to the note verbale of the 4th of January last, F. O. No. 980, to report that it must let the matter rest with the decision rendered by the president of the imperial military court in the matter of the request presented by the embassy on behalf of Heinrich Schultheis, formerly a Hessian subject, now a citizen of the United States of America. In accordance with this decision, it must be left to Schultheis whether he is willing to return to his former home and submit [Page 516] himself to the proper authorities for trial in a regular process for desertion. Schultheis can not, therefore, be permitted a temporary visit to his home unless he submits himself to such trial.