711.624/26
The Ambassador in Germany (Wilson) to the Secretary of State
[Received May 10.]
Sir: I have the honor to refer to the Embassy’s telegram No. 32 of January 28, 7 p.m., 1938, despatch No. 3744 of November 18, 1937, and the Department’s telegram No. 16 of February 11, 7 p.m., 1938,43 regarding the citizenship case of Ransom Otto Theodore Rupprecht.
The Department pointed out in its telegram of February 11, 7 p.m. that the Government of the United States was of the firm conviction that Mr. Rupprecht possesses American citizenship solely unqualifiedly, the basis being the rights and advantages which the United States has and enjoys under certain provisions of the Treaty between the United States and Germany Restoring Friendly Relations, signed August 25, 1921. The view held was expressed to the German Foreign Office in a note despatched on February 12, 1938, reading as follows:
To the Ministry for Foreign Affairs, Berlin.
No. 1387
The Embassy of the United States of America has the honor to acknowledge the receipt of a note from the Ministry for Foreign Affairs dated January 26, 1938 (No. R 1207) in further reference to the citizenship case of Ransom Otto Theodore Rupprecht, and it is noted [Page 473] that the Ministry states that, even giving full consideration to the arguments in the Embassy’s note No. 1227 of September 18, 1937, the legal premises for losing German citizenship by a minor do not exist in this case, reference being made once more to Section 25, Par. 1 and Section 19 of the Reich- and Citizenship Law of July 22, 1913.
The Government of the United States is of the firm conviction that Mr. Rupprecht possesses American citizenship solely unqualifiedly, the basis of this conviction, among other things, being the rights and advantages which the United States has and enjoys under certain provisions of the Treaty between the United States and Germany Restoring Friendly Relations, signed August 25, 1921. This treaty contemplated that the naturalization of a German citizen in accordance with the laws of the United States would not only result in the loss of his German nationality but also in the severance of his allegiance to Germany.
In view of the fact that Rupprecht, having acquired full rights as an American citizen, thus lost German citizenship, the Embassy awaits an expression from the Ministry of the attitude of the Reich Government toward this case in the light of the treaty provisions.
Berlin, February 12, 1938.
On April 11, 1938 the Foreign Office replied as follows (free translation):
Foreign Office
No. R 3102
To The Embassy of the United States of America.
Note Verbale
The Embassy of the United States of America states in its Note Verbale of the 12th ult.—No. 1387—that in the view of its government Ransom Otto Theodor Rupprecht, by acquiring American citizenship, lost his German citizenship in accordance with the provisions of the German-American Treaty of August 25, 1921, and desires to learn the view of the German government on this point.
The Foreign Office has the honor to inform the Embassy as follows:
The government of the United States of America, in taking this attitude, apparently has in mind Article 278 in Part X of the Treaty of Versailles, which was taken over into the German-American Treaty referred to in its Article II No. 1 par. 1. Article 278 has usually been interpreted in German literature and administration of justice, and applied in practice, as intending not to declare a loss of German citizenship but to extend regulations regarding protection, which are laid down in the preceding Articles 276 and 277 in favor of citizens of the former Allied and Associated Powers on German territory, to apply to the new citizens of these Powers and in particular to exempt them from those German taxes which are levied only on Germans. This was inferred from the fact that Article 278 is not in Part III of the Treaty of Versailles containing the provisions as to citizenship but in Part X (Economic Provisions), and in Chapter 4 thereof (Treatment of Citizens of the Allied and Associated Powers). Whenever, on the other hand, the view has been taken that under Article 278 an acquisition of the citizenship of one of the Allied and Associated Powers results in [Page 474] the loss of German citizenship, the view has always been held in Germany that the Article can only be intended to apply to new citizenship acquired through the transfers of territory provided in the Treaty of Versailles or through the treaties concluded to carry out the Treaty of Versailles, or in other words only in consequence of the provisions of the Treaty of Versailles.
By neither of the two interpretations could the naturalization of Rupprecht, carried out independently of the Treaty of Versailles, cause him to lose his German citizenship. The German government does not, accordingly, feel able to recognize that Rupprecht lost his German citizenship by acquiring American citizenship.
Berlin, April 11, 1938.
A copy of the German text of the Note from the Foreign Office is enclosed herewith.
In the meantime the German Military authorities have summoned Mr. Rupprecht, who is now living in Switzerland, to report for military duty on May 11, 1938. Consequently a note was sent to the Foreign Office at once requesting that the date of Mr. Rupprecht’s appearance, as specified in the summons, be postponed so as to allow the Department opportunity to consider the German reply. The Embassy’s note of April 21, 1938 reads as follows:
No. 53
To the Ministry for Foreign Affairs, Berlin.
The Embassy of the United States of America has the honor to refer to a Note Verbale from the Ministry for Foreign Affairs dated April 11, 1938, No. R 3102, which is in reply to a note from the Embassy dated February 12, 1938, No. 1387, in further reference to the citizenship case of Mr. Ransom Otto Theodore Rupprecht. The Ministry informs that it has reviewed the status of the citizenship of Mr. Rupprecht in the light of the treaties existing between the United States and Germany and that the German Government does not feel able to recognize that Mr. Rupprecht lost his German citizenship by acquiring American nationality.
The Ministry is informed that Mr. Rupprecht has been ordered by the Wehrbezirkskommando Muenchen II, under date of March 28, 1938, to report at Ingolstadt on May 11, 1938, at two o’clock in the afternoon for training in the “4. (E). Pion. Batl. 27” until July 9, 1938. The Embassy believes, however, that the questions raised in the Ministry’s note of April 11, 1938, with regard to the interpretation of the provisions of the German-American Treaty of August 25, 1921, are of immediate interest to the Government of the United States to which the Embassy desires to refer the matter for further consideration. In view of the fact that it is Mr. Bupprecht’s desire to retain his American citizenship and to pursue his career in the United States and that upon his taking the oath of allegiance when enrolling in the German army he would lose his American citizenship, it would be appreciated if the Ministry for Foreign Affairs would request the German military authorities to postpone the summons sent by the Wehrbezirkskommando Muenchen II until the Government of the [Page 475] United States will have had an opportunity to consider the statements made in the note from the Ministry for Foreign Affairs dated April 11, 1938.
Berlin, April 21, 1938.
Reverting to the note of the German Foreign Office dated April 11, 1938, it is the view of the Embassy that the arguments advanced have the effect of confusing the issue to the extent of nullifying the plain language of Article 278 of the Treaty of Versailles, which provides expressly for the loss of German citizenship when a citizen or subject of one of the Allied or Associated Powers acquires another nationality.
It can hardly be held that this article applies only to persons whose citizenship has been affected by a transfer of territory; if so, the provision would be so expressly stated. Furthermore, if it had been intended that the provisions of Article 278 applied only to persons affected by the transfer of territory the article would, in all probability, have been placed in Part III, and not in Part X. It seems, therefore, contrary to the arguments advanced by the German Foreign Office that the reverse of what the Germans contend is true.
Besides, it is not believed that the general provisions of the articles contained in Chapter IV of Part X of the Treaty of Versailles relate exclusively to persons whose immediate citizenship status was affected by transfer of territory, or in some other way, as for instance, minority status within the German state; but that the provisions accrue in a much wider sense, as the language itself infers, to the advantage of all nationals of the Allied and Associated Powers whose interests are affected by, or directly involved with the laws of the German State.
Finally, with regard to Article 278, there is nothing in the Article itself or in the context of the chapter in which Article 278 appears, to indicate that the scope of application is so limited as to exclude American nationals from the enjoyment of the rights guaranteed under the provisions; otherwise there would have been no purpose in incorporating these advantages in the German American Treaty of 1921, which has been invoked in the Rupprecht case; and which the German Foreign Office affirms applies only to citizens of the former Allied and Associated Powers affected directly by other provisions of the Treaty, notably those providing for a transfer of territory.
Respectfully yours,
- Telegrams Nos. 32 and 16 not printed.↩