in support of the petition to be allowed to visit his former home, which had been sent to the Imperial Statthalter at Strasburg by one Rene (Renatus) Huttler, an American citizen of Alsatian origin. Under date of April 9 the foreign office replied that the desired permission had been granted as a result of the embassy's intervention. On March 8, 1902, the embassy learned through the United States consulate at Kiel, Baden, that Eugene Herr, an American citizen born in Wurttemberg, had been arrested on crossing the frontier at Deutsch-Avricourt and had been transferred to a prison at Lörchingen, in Lorraine, on account of his evasion of military service, and intervention (F. O., No. 1123) was at once made in his behalf. A few days later, March 11, the embassy was informed that Herr had been released after depositing 400 marks as security for the payment of a military fine, and it at once renewed its intervention (F. O., No. 1124) in his behalf. So far as the embassy is aware, Herr was not molested again, and under date of April 28 the foreign office intimated to the embassy that the Wurttemberg authorities were ready to return the money in question upon Herr's submitting an authenticated copy of the certificate of his American naturalization, and stated that the local district attorney had been directed to communicate with the United States consul at Stuttgart in order to bring this about. At his own request the embassy addressed a note (F. O., No. 1153) to the foreign office on April 21, 1902, in support of a petition sent in by Meyer Schwartz, an American citizen of Alsatian origin, for permission to visit his father at Strasburg, and under date of June 9 it was informed by the foreign office that in view of this action the permission had been granted as desired. Mr. White to Mr. Hay. J. B. J. No. 2019.] EMBASSY OF THE UNITED STATES, SIR: Referring to the embassy's dispatch No. 1987, of the 30th of June last, I have the honor to inform you that Eugene Herr subsequently presented to the Wurttemberg authorities a duly authenticated copy of the certificate of his American naturalization, and that on the 2d instant a communication from the foreign office was received in which it was stated that the attachment against Herr's property in Wurttemberg had been removed and the judgment against him quashed. The proper authorities had also been instructed to pay to the United States consulate at Stuttgart the fine of 400 marks which had been collected from Herr. I have, etc. AND. D. WHITE. MILITARY SERVICE CASES OF FERDINAND HERMAN GRENZER, HENRY HONEBEIN, GEORGE SOEHLKE, GUSTAV MEINCKE, AND GEORGE DICKMANN (DIECKMANN). No. 2090.] Mr. White to Mr. Hay. EMBASSY OF THE UNITED States, SIR: Referring to the embassy's dispatch No. 1987, of June 30, 1902, I have the honor to append hereto a memorandum report of the military cases of Ferdinand Herman Grenzer, Henry Honebein, George Soehlke, Gustav Meincke, and George Dickmann (Dieckmann), and to be, etc., AND. D. WHITE. [Inclosure.] Ferdinand Herman Grenzer was born at St. Louis, Mo., in 1880, his father having emigrated from Germany and having become naturalized as an American citizen in 1876. In 1882 the father returned to Germany, where he has since continued to reside. Grenzer was brought to Germany by his father, as an infant, but he went back to the United States in 1894 and remained there until August, 1901, since which time he has been studying in Germany. Last spring he was asked by the local authorities in Prussia if he were willing to perform military service, and upon his saying that he was not, as he was an American citizen merely sojourning in Germany for his education, he was told that he must leave the country by the 1st of July. Grenzer's case was brought to the attention of the embassy by the consul at Breslau, and intervention was made in his behalf (F. O., No. 1138) on April 2, 1902, to the end that he might be allowed to finish his studies. He declared that it was his intention to return to the United States to reside within two years. No answer having been received in the meantime, intervention was renewed (F. O., No. 1198) on June 30. Under date of July 12 the foreign office informed the embassy that Grenzer would be permitted to remain for two years longer in order to finish his studies at Mittweida, Saxony. Henry Honebein was born in Germany, and emigrated when about 24 years old, after having performed military service, but with permission to be absent from the country for only two years. This leave he had prolonged twice, but he neglected doing so a third time, as he had in the meantime, in 1898, become naturalized as an American citizen. Last winter he returned on a visit to his former home in Prussia, and soon after his arrival he was called upon and eventually he was compelled to pay a fine for the technical offense of "emigration without permission." The case was brought to the embassy's attention by the consul at Bremen, and intervention (F. O., No. 1102) was made in Honebein's behalf on February 5, 1902. No answer being received (Honebein, however, having returned to the United States and not being subjected to any inconvenience), intervention was renewed on June 30. On August 20 the embassy was informed by the foreign office that the money which Honebein had been compelled to pay had been refunded to him through the consul at Bremen. He had George Soehlke emigrated to the United States when about 14 years old, and became naturalized, after a residence of about six years, in 1898. In June, 1902, he returned to Germany on a visit, and not long after his arrival at his former home in Prussia, he was told by the authorities that he must leave the country. already a ticket for the steamer sailing on August 23 in his possession, but the authorities said that he must leave before that date. At the steamship office, however, he was not able to exchange his ticket. Upon his case being brought to the embassy's attention by the consul at Bremen, intervention was made in his behalf (F. O., Ño. 1211), on July 20, and almost immediately thereafter the desired permission for Soehlke to continue his sojourn in Prussia was given. Gustav Meincke emigrated to the United States after having obtained his release from Prussian allegiance, and became naturalized as an American citizen in New York, in 1892. He came back to Germany last summer for the purpose of undergoing a surgical operation. In August Meincke's wife informed the embassy that the Prussian authorities had ordered him to leave the country by the 15th of that month. Intervention was at once made (F. O., No. 1232), on the 9th, and under date of September 10, Meincke not having been molested in the meantime, the foreign office informed the embassy that he would be permitted to remain in Prussia until October 1, as desired. George Dickmann (Dieckmann) was born in Germany and emigrated to the United States after having obtained his release from Prussian allegiance in 1886, duly becoming naturalized as an American citizen in 1894. In the summer of the current year he returned to Germany on a visit, and soon after arriving at his former home he was informed that he would not be allowed to remain longer than August 10. He then applied for permission to remain until September 20, as he had a steamer ticket for himself and his family good for that date, which he found he was unable to exchange. On being told that he must leave as ordered, he appealed to the consul at Bremen, who informed the embassy of the facts in the case. Intervention was made (F. O., No. 1229) in Dickmann's behalf on August 8, and renewed (F. O., No. 1261) on September 15. Under date of September 15, in a note which was received on the following day, the foreign office notified the embassy that permission had been granted Dickman to remain in Prussia till September 20, as requested. J. B. J. GREAT BRITAIN. PRISONERS OF WAR, AMERICAN CITIZENS, HELD IN BRITISH No. 468.] COLONIES. Mr. Hay to Mr. Choate. DEPARTMENT OF STATE, Washington, October 16, 1900. SIR: The Department is advised by the United States consul at Colombo, Ceylon, that a number of prisoners captured by the British troops in South Africa have been deported to an encampment at Diyatalawa, in that island, among them 22 men claiming American citizenship. As the consul was denied access to these men, I am without confirmation of their alleged American status, but the report is so circumstantial that it is due to ascertain the facts, if possible, and I have therefore to instruct you to ask an early inquiry into the truth of the statement. If it be confirmed, the Government of the United States could not view without concern the risk of life and health involved in sending any unacclimated American citizens, taken under the circumstances described, to so notoriously insalubrious a place as the island of Ceylon. The principles of public law which exclude all rigor or severity in the treatment of prisoners of war beyond what may be needful to their safety imply their nonsubjection to avoidable danger from any cause. These admitted principles have found conventional expression in treaties, as in article 24 of the treaties of 1785 and 1799 between the United States and Prussia, and the enlightened practice therein specified to be followed with respect to the custody of prisoners of war is believed to represent the general view of modern nations, as it certainly does the sentiment of humanity and the law of nature on which it claims to rest. If it prove that citizens of the United States, captured while temporarily serving in the armies of the South African Republic and the Orange Free State, have in fact been transported to distant and noxious places, you will represent the expectation of this Government that they be at once removed to some more healthful station, if indeed the situation at this time shall not permit their discharge, freely or on parole. The number of these Americans who have taken temporary service under another flag is represented to be small. I am, etc., No. 469.] JOHN HAY. Mr. Hay to Mr. Choate. DEPARTMENT OF STATE, SIR: In connection with my instruction of even date concerning the reported imprisonment of some 22 American citizens as prisoners of war in the island of Ceylon, I send you copy of a letter received to-day from the Hon. George P. Lawrence, a member of Congress from the State of Massachusetts, commending a request addressed to him by Mr. John J. Hearn, of Westfield, Mass., that the Department of State move to obtain the release of his brother, F. M. Hearn, now confined at Diyatalawa camp, in Ceylon. It is inferred that the prisoner is a citizen of the United States, but that no misapprehension may exist in this regard Mr. Lawrence will be asked to procure substantiation of that fact. You will do what you properly can toward the release of Mr. Hearn, in company with the other American citizens confined in Ceylon, and to this end you may make such use as you may deem appropriate of the consideration that the present time, when hostilities in the Boer country are practically ended, is propitious for the relief of these men. I am, etc., [Inclosure.] Mr. Lawrence to Mr. Hay. JOHN HAY. HOUSE OF REPRESENTATIVES, North Adams, Mass., October 13, 1900. MY DEAR SIR: I inclose herewith a letter from Mr. John J. Hearn, of Westfield, Mass., a constituent of mine of character and standing, who writes to me with reference to the release of his brother, F. M. Hearn, now a Boer prisoner of war in the hands of the British. Will you please inform me if anything can be done by your Department for Mr. Hearn? I shall be glad to have you do all that you can. Very truly, yours, GEO. P. LAWRENCE, [Subinclosure.] Mr. Hearn to Mr. Lawrence. WESTFIELD, MASS., October 12, 1900. DEAR SIR: As a citizen and voter in your Congressional district, I respectfully request you to use your influence with the State Department at Washington to obtain the release of my brother, F. M. Hearn, now a Boer prisoner of war in the hands of the British. He has been a prisoner several months, and is at present at Diyatalawa camp, Ceylon. As the war in the Transvaal is practically ended, the United States Government should have no difficulty in securing his release, in which event sufficient funds will be forthcoming to bring him back to this country. I have been in business in Westfield for several years and can give you prominent references if you so desire. Thanking you in advance, etc., JOHN J. HEARN. Mr. Choate to Mr. Hay. No. 418.] AMERICAN EMBASSY, SIR: With reference to your instruction No. 468, of the 16th instant, I have the honor to inclose herewith a copy of a note which, on the 25th instant, I addressed to Her Majesty's secretary of state for foreign affairs. JOSEPH H. CHOATE. I have, etc., [Inclosure.] Mr. Choate to Lord Salisbury. AMERICAN EMBASSY, London, October 25, 1900. MY LORD: I have the honor to inform your lordship that my Government has been informed by the United States consul at Colombo, Ceylon, that among the prisoners captured by the British troops in South Africa and deported to an encampment at Diyatalawa, in the island of Ceylon, are 22 men claiming to be American citizens, but as the consul was denied access to these men my Government is without confirmation of their claim to citizenship. The consul's report is, however, so circumstantial that my Government deems it its duty to ascertain the facts. From Mr. John J. Hearn, a man of business residing in Westfield, Mass., and vouched for as a man of character and standing by the Hon. George P. Lawrence, a member of Congress from that State, it has been ascertained that one of the prisoners mentioned is his brother, F. H. Hearn. The names of the others are at present unknown. I am therefore instructed to ask at your lordship's hands an early inquiry into the correctness of the consul's report, and am prepared, if it turns out that the prisoners referred to are American citizens, to present to your lordship considerations which would probably lead to their removal to a more healthful station, and perhaps to their discharge, either freely or on parole. I have, etc., JOSEPH H. CHOATE. Mr. Hay to Mr. Choate. No. 482.] DEPARTMENT OF STATE, Washington, November 1, 1900. SIR: I inclose copy of a correspondence the Department has had with Hon. Frank E. Wilson, M. C., and Mr. Andrew J. Mulcare, touching the desired release on parole of the latter's relative, a deported Boer prisoner. You may bring the matter informally to notice in the proper quarter, not as a request of this Government, but rather by way of kindly personal aid to an American citizen to enable him to bring his petition for relief of a relative to attention for consideration and such action as circumstances may make proper. I am, etc., JOHN HAY. [Inclosure 1.] Mr. Wilson to Mr. Hay. HOUSE OF REPRESENTATIVES, SIR: I have the honor to inclose you herewith a letter received from one of my constituents which will explain itself. I would esteem it a great favor if you could secure the desired parole for Mr. William Smith, if it be consistent with the practice of your Department. Very respectfully, FRANK E. WILSON. [Subinclosure.] Mr. Mulcare to Mr. Wilson. BROOKLYN, October 11, 1900. DEAR SIR: I respectfully ask your cooperation in an effort to secure the parole of a near relative who is now a prisoner of war on the island of St. Helena. A word from you addressed to the Department of State at Washington, D. C., may aid him greatly, and, I hope, would not inconvenience you. FR 1902, PT 1—30 |