I not only witness cases of great hardship, but hear of others well calculated to excite any citizen of our country. In my communication upon this subject, I have been surprised, not at the action of the department, but at the fact that so little has been done by our representatives abroad to bring this subject properly before the department.

The number of Germans returning to their fatherland is constantly increasing; therefore, whatever course is finally settled upon in this matter for the future by Prussia, will be adopted by all the States of the Zollverein.

I suggest to the department the propriety of presenting the following points for the consideration of the Prussian government:

1. The abandonment of the claim of military duty upon all American citizens returning to Prussia, who left this country before the liability accrued.

2. No proceedings to be taken against absent Prussians, residing in the United States, who left before they were of a certain age, say twenty.

3. Some additional restrictions giving American citizens, residing in Prussia, the right of trial in a Prussian court, before enforcing their expulsion.

4. The right to copies of all papers in either of the departments of Prussia, in any way affecting an Âmerican citizen.

Prussia is surrounded by free cities and small governments, and her railroad facilities are great; therefore, the young and adventurous Prussians who leave for our happy country have but little trouble in making their way thither. These are the most numerous class who, in riper years, return to the land of their birth. One says, "to weep over the grave of his father," another "to see an aged mother," and another on business connected with his father's estate."

The United States is not a party to the arrangements by which the Sovereigns of Europe claim to hold these subjects in perpetual bondage, and by which they deny to them the right to choose and select for themselves a new home and free institutions. If these subjects, in pursuit of their undoubted rights, choose our free country as their home, conform to its laws, are nurtured and raised under our institutions, perfect their citizenship, and are admitted to a perfect equality with the native citizen, it would seem to be our part of the contract to defend them while abroad; at least those against whom no liability had accrued when they left the land of their birth.

I have great confidence that our government will be able to devise means of a pacific but firm character, which will remove these unjust and inhuman restrictions.

If I have been mistaken in my views of what is right or what is expedient, it will be my pleasure to conform to those of the department, and to cooperate with it in doing all I can to relieve this numerous class of our adopted citizens.

*

I have the honor to be, very respectfully, your obedient servant, JOSEPH A. WRIGHT.

Hon. LEWIS CASS,

Secretary of State.

Mr. Wright to Baron Schleinitz.

LEGATION OF THE UNITED STATES,
Berlin, December 31, 1858.

The undersigned would be pleased to receive from your excellency some accurate information respecting the military service in the Prussian army, embracing all the details which may be useful in forming a correct opinion of its operation upon citizens of the United States who were born in Prussia; and especially upon the following points: At what time does the military service actually commence, and at what age are persons liable to be enrolled, or so connected with the service, that the obligation cannot be dissolved without the action of the government? I should be pleased to receive any other information which shall disclose the principal features of the Prussian military system which affect citizens of the United States.

Your excellency will please furnish me, also, with a copy of the document issued to subjects leaving Prussia called a "certificate of emigration." I allude to those certificates which exonerate persons from the penalties arising out of their liability to serve in the army, should they return to Prussia. I hope to learn from your excellency, also, how these certificates are granted, and how far they remove existing or contingent liabilities; and whether they are granted to persons of tender age upon application being made for them; or how are such persons considered by the law. I inclose your excellency a list of the persons against whom notice has been issued for neglect of military duty.

I beg to be informed if such proceedings are taken against all persons who have left Prussia without performing their military duty, without regard being had to their age at the time of removal.

The undersigned would be pleased to receive from your excellency, at as early a day as may be found convenient, information upon these subjects.

I pray your excellency to receive herewith the assurance of my highest consideration.

His Excellency BARON DE SCHLEINITZ,

Minister of Foreign Affairs, &c., &c., &c.

J. A. WRIGHT.

[Translation.]

BERLIN, January 6, 1859.

SIR: In your letter of 31st of last month you expressed a desire to obtain some information about the military service of Prussia.

After causing such information to be collected, I have had it condensed in the memorandum which I have the honor, sir, to transmit to you herewith.

In returning to you, at the same time, the citation which was annexed to your letter, I seize the occasion to offer to you, sir, the assurance of my high consideration.

Mr. WRIGHT,

SCHLEINITZ.

Envoy Extraordinary and Minister Plenipotentiary, &c., &c.

Memorandum.

[Translation.]

By the terms of section 1 of the law of 3d September, 1814, (collection of laws for the year 1814, p. 79,) every Prussian subject who has attained the age of twenty full years is obliged to serve in the

army.

In consequence, in each year all the young men of that age must present themselves at a certain time before the military commission of the circle in which they are domiciled, to be examined as to their fitness to render service, and designated, the case happening, to the detachment in which they are to be incorporated.

This obligation to present themselves for service is not extinguished by time. Whoever does not appear at the point indicated, is held to serve at a more advanced age; and if he can be got hold of, is enrolled under the flag before any other.

Service in the army, in active employ, lasts three years.—(Section 6 of the law above-mentioned.)

During the two years following, the soldier is dismissed on leave, and belongs to the reserve; thenceforward he is not called into service until a war, or an increase of the active force requires it.

After the expiration of these two years, the soldier passes for seven years into the first levy of landwehr, (land-guard,) which, in time of peace, musters only annually for some weeks of drill.

These seven years completed, the soldier becomes a member for seven years longer of the second levy of the landwehr, which is only called out in time of war.

Whoever evades the duties of the landwehr is obliged to take part therein at a later time, and his more advanced age does not exempt him from such call.

Emigration is not permitted, except with express leave from the government. This permission cannot be granted to males between seventeen and twenty-five years of age, unless they produce a certificate from the commission for recruiting the army, testifying that they do not propose to expatriate themselves for the sole purpose of evading their military obligations.-(Section 17 of the law of 31st of December, 1842, on the mode in which the quality of subject of Prussia is acquired and lost. Bulletin of the laws of the year 1843, p. 15, et seq.) This certificate serves also as a guide when it is required to determine if there is reason to grant to minors authority to emigrate with their parents.

Soldiers belonging to the army in active service, or to the reserve, do not obtain leave to expatriate themselves until they have been dismissed.

On the other hand, the service in the first or second levy of the landwehr does not prevent the person who may still be subject to such service from disengaging himself from the ties which bind him to his native land; one exception alone is made to this regulation, which is when the landwehr is called into active service.

Whoever leaves Prussia without permission, and thereby evades service either in the army, in active service, or the landwehr, incurs a penalty of 50 to 1,000 crowns, or incurs an imprisonment of one month to one year. (§ 110 of the penal code of April 14, 1851.)

But the payment of the penalty or the infliction of the punishment of imprisonment does not dispense with the obligation to render the military service. This obligation continues the rather until he who may have neglected his duty discharges it completely.

Proceedings are taken against such persons the moment it is perceived that they are unlawfully absent, and without regard to the age they may meantime have attained.

The permission to emigrate, of which a formula is annexed to this memorandum, puts an end to the quality of Prussian subject, (§ 20 of the law of December 31, 1842,) and whoever has obtained it is no longer under any obligation to serve in the army. Unless there be a formal exception, this permission embraces also the wife of the individual to whom it has been granted, as well as the minor children who are still subject to the paternal authority.

BERLIN, January 6, 1859.

Form.
[Translation.]

The undersigned royal government certifies hereby that a permit of emigration has been granted to, [name, profession, residence,] at his request, and for his emigration to with his wife, formerly Miss

and the following minor children, still being under the authority of the father:

[Name and time of their birth.]

This permit of emigration causes the loss of the quality of Prussian subject from the date of its delivery, only, however, for those persons expressly named therein.

The day of

[SEAL.]

ROYAL PRUSSIAN GOVERNMENT.

(No.-.)

Mr. Diller to Mr. Thyen.

CONSULATE OF THE UNITED STATES,
Bremen, May 7, 1858.

DEAR SIR: Can a person who left Oldenburg before he was fifteen years of age, and before 1849, return on a visit of one month to said dukedom, if he is a citizen of the United States? Is there a law of Oldenburg that the only son of a widow is exempt from military service? If such is the law, or if it is not, can such a son get permission from the Grand Duke to visit his mother for a month or six weeks? Excuse me for troubling you, and accept assurances of esteem from yours, very truly,

ISAAC B. DILLER,

United States Consul at Bremen.

O. THYEN, Esq., Consul for Oldenburg.

Mr. Thyen to Mr. Diller.

BREMEN, June 15, 1858.

SIR: You are aware that, on the 7th ultimo, in consequence of your note of the same date, I immediately requested the Oldenburg ministry to give me information on the subject of your inquiry; to which I have at last, to-day, received an answer, of which the inclosed is a copy. I am sorry not to have been able to give it sooner.

Begging you to accept the assurances of my regard, I am, sir, your most obedient servant,

O. THYEN, Consul for Oldenburg.

ISAAC B. DILLER, Esq.,

United States Consul.

[Translation.]

MINISTRY OF STATE OF THE GRAND DUKE OF OLDENBURG,

Oldenburg, June 11, 1858.

In answer to the inquiry of the United States consul, dated the 7th of May, as well as to his other interrogatories in respect to the laws of this country upon "military duty" and "emigration," the ministry, observing at the same time that, in the absence of official relations between the said consul and the government of the Grand Dukedom, and between Consul Thyen, respectively, the communication can only be regarded as a private one, reply as follows:

1. That an Oldenburg subject, even if he have left his native country before his fifteenth year, not only does not, by that circumstance, lose Ex. Doc. 38-9