30th August, requesting an investigation of the case which, as Dr. Vast was not of German origin, clearly did not come under the treaty of naturalization. On the 22d January a reply was received from the minister of foreign affars, that Dr. Vast had been expelled for immoral practices in the exercise of his profession, and that his sentence could not be revoked. Dr. Vast's citizen papers were returned to him, and the final decision communicated to him on the 23d January, 1880. 43. E. G. Hellrung.—Was born in Saxony in 1850, emigrated to the United States in 1871, and was naturalized there, on the 23d October, 1876. On the 18th June, 1878, he returned to Germany on a visit to his parents, and was arrested in his native town of Niederorschel on the 26th of the same month for refusing to pay a fine of 179 marks imposed by the royal Kreisgericht at Worbis for non-performance of military duty. In spite of his showing his citizen paper and passport, he was taken to prison at Worbis, his purse containing 210 marks was taken from him, and he was kept in confinement till the following day, when he was released, his money, however, being retained. Information of his detention was sent to the legation by his father, and as soon as his citizen paper could be obtained from him the legation addressed a remonstrance to the ministry of foreign affairs, which at once replied, promising to have the case investigated; and on the 23th January a second note from the foreign office was received, to the effect that the return of the money had been ordered. This information was at once communicated to him and his papers returned, since which nothing has been heard from him. It is presumed that he returned at once to the United States, as he had stated in person at the legation his intention of so doing. 44. Arfst A. Rörden.-A native of Schleswig, emigrated to the United States at the age of 16; was naturalized there on the 13th September, 1877, and came to Germany in June, 1879, to visit his parents. Three months after his arrival at Alkersum, his native town, the local authorities, in spite of his showing his citizen paper, informed him that he must become a German citizen or leave the country in fourteen days. As soon as information of his trouble with the authorities was received from him (September 12. 1879), the legation called the attention of the foreign office to the case, and in reply was told that the case would be at once investigated. On the 22d December a final note from the foreign office was received at the legation, stating that Rörden was allowed to stay. This result, together with his papers, was transmitted at once to him by the legation, and a polite note of acknowledgment was shortly received from him in reply. 45. Hans P. Jessen; 46. P. C. Schmidt; 47. Hans Hansen.-These three men were all natives of the town of Norburg in Schleswig-Holstein; had emigrated to the United States before the military age; had been legally naturalized, and returned to Germany during the month of October, 1878, on a visit to their families. About a year after their arrival, in spite of their citizen papers and the exhibition of the ministerial decrees, forwarded to them by the legation, they were notified to leave Germany within fourteen days or to become German subjects. The legation made a strong appeal in their behalf to the minister of foreign affairs on the 25th September, 1879, which secured immediate attention to their case, and eventually (January 2d, 1880) a final note was received, to the effect that all proceedings against them had been discontinued. 48. John Schehr.-Was born at Mothern, Alsace January 31, 1855; emigrated to the United States October 28, 1873; was naturalized 3d September, 1879, and returned to Germany on a visit the same month. Soon after his arrival he was summoned by the local authorities to pay a fine for non-performance of military duty and was allowed only ten days to pay it. A remonstrance was addressed by the legation to the foreign office on the 13th October, 1879, of which Schehr was informed the same day. On the 18th October the foreign office informed the legation that the case should be investigated. On the 25th October Schehr wrote to know how his case was progressing and whether he could leave for America, to which the legation replied that if he wished to leave, his papers, when returned, should be sent after him to any address he might indicate. Accordingly, on the 15th December, Schehr wrote that he should leave for America on the 20th December, and gave his American address. No answer was received from the foreign office until the 5th August, 1880, when the legation was informed that the naturalization treaty of 1868 did not apply to Alsace-Lorraine, and that consequently Schehr must be considered as owing allegiance to Alsace until having been absent ten years he lost his German citizenship under the general law of Germany. A forcible protest against this decision was addressed by Mr. White to the foreign office on the 28th August, 1880, and the correspondence reported to the Department of State in dispatch No. 146 of the 1st of September, 1880. 49. Joseph Lauber.-Was born at Kaisersberg, Alsace-Lorraine, November 8, 1853; emigrated to America in November, 1872; was naturalized September 16, 1878, and in October, 1879, returned to Alsace. During his absence the local authorities of his native place sentenced him to a fine of 1,000 marks and six months' imprisonment, and soon after his return demanded the payment of the fine and ordered him to leave the country within six weeks. On the 14th November, 1879, Lauber appealed to the legation for assistance. The minister addressed the foreign office in his behalf on the 21st of November, 1879, and a week later received a reply that the case was being in vestigated. The following month Lauber wrote to know what he should do about leaving, and was advised by the legation in reply to remain quiet until his case was decided. No further answer was received from the foreign office until the 10th October, 1880, when the legation was informed that inasmuch as Lauber still owed allegiance to Alsace-Lorraine his fine for avoidance of military duty could not be remitted, but that he had not been ordered to leave the country, of which Mr. Lauber was at once informed. This decision was in accordance with the general one rendered in the case of John Schehr applying to all emigrants from Alsace-Lorraine. The case was reported to the Department of State in dispatch No. 146 of the 1st September, 1880. 30. Otto Eick.-Was born in Wettmann, Rhine Provinces, on the 3d December, 1854; emigrated to the United States on the 1st May, 1872; was naturalized in Philadelphia 16th May, 1879, and returned to Germany September 25, of the same year. On arriving at his native place he was fined 150 marks by the local authorities of Bochum, and thrown into prison on the 3d December following. On the 4th December he wrote to the legation for its intervention, and in consequence of a note addressed by the minister to the foreign office on the 5th December was at once set at liberty, but forced to give bail in the sum of 1,000 marks. On the 17th January, 1880, the foreign office informed the legation that Eick had been released and the bail returned to him, of which Eick was duly informed, and replied, thanking the legation for its intervention. Here it was supposed the case had ended, but on the 2d April, 1880, a telegram was received at the legation from Eick to the effect that he was again imprisoned; on which the minister at once addressed a note to the foreign office requesting his release, and on the 31st May received a reply that he had not been imprisoned for the second time. Mr. Eick pleaded, in excuse for this shameful falsehood, that he had been summoned to pay a second fine, and threatened with imprisonment again if he did not pay. He therefore thought it safe to telegraph the legation in anticipation of that eventuality. On the 10th October, 1880, the foreign office finally informed the legation that Eick had been pardoned by an imperial order of the 31st August, 1880, and that the proper authorities had been instructed accordingly. No. 162.] No. 287. Mr. White to Mr. Evarts. LEGATION OF THE UNITED STATES, Berlin, October 18, 1880. (Received November 3.) SIR: I have the honor to inform you that since the reply and decision in the case of John Schehr, which was reported to you in my dispatch No. 146, unfavorable answers from the German Government have been received in several other cases of American citizens of Alsace-Lorraine origin, in accordance with the decision in Mr. Schehr's case, which will become at least for the present a precedent for all cases from that province. The unfavorable cases I would now mention are those of Joseph Lauber, Alois Fischer, and Nicholas V. Gabriel. Joseph Lauber was born at Kaisersberg, Alsace-Lorraine, November 8, 1853; emigrated to America in November, 1872; was naturalized September 16, 1878, and in October, 1879, returned to Alsace-Lorraine. During his absence the local authorities of his native place sentenced him to a fine of 1,000 marks and six months' imprisonment for neglect of military duty, and soon after his return demanded payment of the fine, and ordered him to leave the country in six weeks. On the 14th November Lauber appealed to the legation for assistance. I addressed the foreign office in his behalf on the 21st November, and a week later received a reply that the case was under investigation. The following month Lauber wrote the legation to know what he should do about leaving, and in reply was advised to remain where he was until his case was decided. No further answer was received from the foreign office until the 10th October, 1880, when the legation was informed that inasmuch as Lauber still owed allegiance to Alsace-Lorraine his fine could not be remitted, but that he had not been ordered to leave the country. It remains to be seen whether Lauber's absence in America of eight years will be taken into account towards freeing him from his German allegiance, in case he leaves at once; or whether the ten years absence insisted on by the German Government must be an uninterrupted one like the five years specified in the treaty of 1868, in which case Lauber would at any minute be liable to be put into the German army. Alois Fischer was born at Aschbach, Alsace, July 23, 1854; emigrated to the United States in August, 1872, at the age of 18; was naturalized there September 16, 1878, and still resides there. After his departure a fine of 600 marks for alleged neglect of military duty was imposed upon him, and his inheritance was attached to secure the same. Mr. Fischer's brother, who resides in Germany, brought the case to the notice of the legation on the 9th September, 1879, but for want of substantiating evidence the legation was unable to intervene till the 12th February, 1880. A reply was duly received that the case was being investigated, but it was not till the 7th October, 1880, that the foreign office finally informed the legation that Fischer had not yet lost his German citizenship, and that the fine could not be taken off. If Fischer remains in America till 1882 this decision will probably make no difference to him, as the attachment will, as in other cases, have then expired by limitation. Nicholas V. Gabriel was born in Petit Tauquin, Alsace-Lorraine, on the 4th April, 1853; emigrated to the United States September 10, 1872, from Havre; was naturalized on the 8th June, 1880, and still resides in the United States. After his departure a fine of 933.17 marks was imposed on him for neglect of military duty, and some property belonging to him attached as security, although he left Alsace before the time at which he would have been liable to military duty according to the treaty between France and Germany. The case was brought to the notice of the legation in September, 1879, but it could not intervene till July, 1880, owing to the delay occasioned by sending to America for Gabriel's citizen paper, the first one sent by him being only his declaration of intention. It thus appeared that he was not naturalized until the legation informed him that his citizen paper was necessary to substantiate his case at the German foreign office. No answer was received from the foreign office until October, 1880, when the legation was informed that Gabriel was still considered a citizen of Alsace Lorraine, and that accordingly his fine could not be taken off. I have, &c., No. 288. AND. D. WHITE. No. 147.] Mr. Hay to Mr. White. DEPARTMENT OF STATE, SIR: Referring to your dispatch No. 94, of the 4th of March last, in relation to spurious American diplomas, and inclosing a diploma of one P. C. E. Volland, in order that its legal value might be ascertained with a view to the indictment of the man in question for wrongfully using the title of "doctor," I now have to acknowledge the receipt of your dispatch No. 149 of the 9th ultimo, communicating a copy of a letter of the 27th of August last, from the royal amts-attorney at Prenzlau, to your legation, inquiring whether you had been informed as to the action of this government in reference to the Volland diploma. In reply I have to inform you that upon the receipt of your dispatch of the 9th ultimo this Department addressed a letter to the Secretary of the Interior for the purpose of ascertaining what progress had been made in the proceedings instituted, at the instance of the Commissioner of Education, for the punishment of the persons concerned in the sale of spurious diplomas at Philadelphia. At the same time the attention of the Secretary of the Interior was recalled to the desire of the German authorities to have the Volland diploma returned to them as soon as practicable. I inclose herewith a copy of a letter from the Secretary of the Interior, dated the 14th instant, from which it appears that the criminal proceedings which have been instituted against certain persons in the State of Pennsylvania, implicated in the sale of diplomas, are still pending, and that the document in question is in the possession of the attorneygeneral of that State, who desires to retain it for the present, as an important aid in the prosecution of the criminals, provided the German authorities can spare it still longer for that purpose. I will, therefore, thank you to communicate the foregoing facts to the foreign office, and to ask at the same time that, if practicable, the attorney-general of Pennsylvania may be permitted to retain the Volland diploma until the criminal proceedings now pending shall be concluded. I am, &c., JOHN HAY, Acting Secretary. No. 165.] No. 289. Mr. White to Mr. Evarts. LEGATION OF THE UNITED STATES, Berlin, November 1, 1880. (Received November 19.) SIR Regarding the case of Aaron Weill, the subject of my dispatch No. 160, of the 16th ultimo, I have to state that he is still detained in prison. On the 19th ultimo I again addressed the acting minister of foreign affairs, Count Limburg-Stirum, on the subject, in a note, a copy of which is inclosed. In explanation of one part of the note I may say that Count LimburgStirum, in my first interview with him upon the subject, cited the proverb "ignorance of the law excuseth no man," and hence I took pains to again remind him more distinctly than before that it was not Weill's ignorance but his knowledge of the law, as both sides until then understood it, which led him into difficulty. Having again received a note from Weill, dated the 26th ultimo, stating that he was still detained, I, on the 28th ultimo, sent another note to the foreign office, of which a copy is also inclosed. On the 30th ultimo I received from the acting minister of foreign affairs a note stating that, on the strength of the additional views presented by me, he had requested of the governor of Alsace-Lorraine a thorough and speedy reconsideration of Weill's case. I have, &c., AND. D. WHITE. [Inclosure 1 in No. 165. LEGATION OF THE UNITED STATES, The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, desires to present to his excellency Count Limburg-Stirum, minister in charge of the imperial foreign office, the following memorandum, in addition to that left with his excellency after the interview of the 15th instant in the case of Aaron Weill, now in prison in Alsace-Lorraine. Weill returned to Alsace and remained there bona fide, having every reason to suppose that he was entitled to do so. His was not a case of ignorance of the law, but knowledge of the law as it was then supposed to be at this legation, for, amongst others, the following reasons: First. Because for nearly ten years all cases decided by the imperial foreign office were decided in accordance with the supposition that the treaties of 1868 apply to Alsace-Lorraine. Second. Because on the 20th March, 1873, Mr. von Bülow, then in charge of the imperial foreign office, in his note regarding the case of August Mély, distinctly confirmed this application of the treaty of 1868 to Alsace-Lorraine in that he approved the decree of the kreis-director of Saarburg, who had based his action of re-collecting a fine upon the application of the treaty. Third. That the kreis-director above referred to, in strict accordance with the opinion of Mr. von Bülow, in a communication dated 2d March, 1877, wrote as follows: "To your communication of the 27th ultimo I respectfully reply that the treaty concluded between Germany and America on the 22d February, 1868, applies to all persons emigrating to America and returning thence who are born in Alsace-Lorraine.” This legation, then, had every reason to suppose that Weill came under the action of the treaty of 1868, and when he asked this legation what he should do he was virtually informed, in accordance with the above state of things, that the treaty of 1863 applied to him. The fault, therefore, as his excellency will see, is not his ignorance of the law, but his knowledge of it as it was then understood. In view of these facts, and the additional fact that no notice whatever was given by the imperial government which enabled this legation to warn Germans, born in Alsace-Lorraine, who had acquired American citizenship, from returning, the undersigned would again express the earnest hope that, pending negotiations between the two governments regarding the main questions at issue, Weill may be released. The undersigned avails himself, &c., AND. D. WHITE. [Inclosure 2 in No. 165.j LEGATION OF THE UNITED STATES, The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, has the honor, referring to his note of the 19th instant, to call the attention of his excellency Count Limburg-Stirum, in charge of the imperial foreign office, once more to the case of Aaron Weill, an American citizen imprisoned at Strasburg. The undersigned has just received a letter from Weill, which states that he is still in prison, and that there is no mitigation of his punishment. The undersigned would, therefore, again respectfully present the case, reminding his excellency that Weill has not intentionally violated any law, and urging remission of his punishment. The undersigned avails himself, &c., EVARTS, AND. D. WHITE. No. 290. Mr. White to Mr. Evarts. [Telegram.] Received November 5, 1880. Secretary, Washington: Aaron Weill released third instant. WHITE, Berlin. |