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the subject of judicial sentence, and partly as purely police measures taken in the interest of safety and order.' (Rönne, Das StaatsRecht der Preussischen Monarchie,' Band, Abtheilung, sec. 381,
“ This is also doubtless a true statement of this principle as contained in the State law of each of the other States of the German Empire.
* The distinction to be held in mind is whether the expulsion is to be effective as a banishment
"a. From the whole German Empire, or only * b. From the territory of the expelling State.
“ The power by which the authorities of any particular State are given extended jurisdiction to expel from the Empire is contained in various Imperial laws and decrees. As examples of these may be mentioned
“ 1. Certain sections of the Reichs-Strafgesetzbuch.
* To sum it up, it may be said that, first, as regards the power of expulsion the respective States exercise this right by virtue of their inherent sovereign power and the usages sanctioned by international law; second, that the procedure whereby it is given effect is for the most part contained in ‘Administrative Bestimmungen’ and · Ministerielle Erlasse,' which, not being in the form of public statutes and often embodied in secret orders of the State and Imperial authorities, are not available for examination.
“ Concerning the right of expulsion as well as the manner, the procedure above indicated has been modified in certain cases by special treaties, as, for instance, the convention between the German Empire and Russia of February 10, 1894, for the exchange of undesirable persons, subjects of either of the two countries, to the other, respectively; also a convention with Switzerland bearing date April 27, 1876."
Mr. White, ambass. to Germany, to Mr. Hay, Sec. of State, April 21, 1900,
For. Rel. 1900, 2.5, 27-28.
" It seems well to add something regarding
a large class of cases in which foreign governments
may SuSpect a prostitution of American citizenship. .
American representatives abroad have constantly to be on their guard against this evil, so injurious not only to proper relations between our own Government and others, but to the good name of our country. ... My sympathies have always been and are now strongly with all bona fide claims made by American citizens of foreign birth for protection in
II. Doc. 551-vol 3-26
the country of their origin.
I recall no case in which the embassy has been unable to secure the friendly attention of the German Government to cases evidently bona fide.
The cases of young men of military age who, having secured naturalization, return immediately afterwards to visit their family and others present peculiar difficulties, and these difficulties are frequently increased by their indiscretion and even by conduct to which a much worse name might be applied. It is, of course, galling to the military authorities of a nation, in which the military service of all its sons is considered the fundamental condition of national existence, to have young men who have disappeared just at the military age reappear among their old comrades, who are going through their military service, and display proofs of American citizenship which appear to the authorities to be in the nature of a fraud. Still, even in these cases, difficult as they are, whenever there is evident bona fides, and also a reasonably discreet conduct on the part of the person returning, he has, as a rule, been allowed to remain long enough to visit his relatives. ... I would much prefer to have them allowed to remain for the time named in the Bancroft treaties, but I state the case as it undoubtedly appears to the German authorities, and I feel bound to say that but for this exercise of what they consider not only a right inherent in German territorial sovereignty, but as an absolutely necessary safeguard to good order and even to the nationa! existence, I do not believe the Bancroft treaties would be allowed to stand.
In view of all these considerations, while aiding the applications of all our American citizens of German birth who show good faith, I have done what I could to resist all efforts to prostitute American citizenship. · Hardly a day passes that there do not come to this embassy persons who have made the briefest possible stay in the United States and demand passports clearly for the purpose of passing their lives here free from all obligations either to the country of their birth or of their adoption. Many of these have not the slightest appreciation of their real rights or duties as Americans, have no feelings in common with those of American citizens, and some are not even able to write or speak the English language.. The more respectable of these seek merely to promote their own interest or pleasure, not hesitating apparently to take any oath which may be necessary to secure the renewal of a passport; others, for purposes even less respectable, and some even for criminal purposes, as our records in more than one case will show. Under these circumstances, while advocating all effective measures for the protection of bona fide American citizens of foreign birth when they return to Europe, I am slow to advocate anything like drastic measures likely io arouse ill feeling between our own Government and any other and
sure to render the securing of the rights of bona fide American citizens of foreign birth when abroad more difficult."
Mr. White, American amb. to Germany, to Mr. Hay, Sec. of State, April 21,
1900), For, Rel. 1900, 25–26. Mr. White also adverted to the fact that foreign-born persons naturalized
in Great Britain revisit their native land at their own risk, the British Government declining there to protect them. In this relation he cited ('ockburn on Nationality, page 107.
“ During the period covered, 243 persons have actually been expelled from the German Empire. Of this number, 218 were males and 25 were females. Twenty-three persons were expelled on the strength of paragraph No. 39, of the imperial penal code, after undergoing imprisonment for theft, etc., and 220 on the strength of paragraph No. 362, for vagrancy, begging, professional prostitution, and other so-called offenses.
“ Of these persons, 155 were of Austrian (including Hungarian, Bohemian, etc.) nationality, 19 were Russian, 19 were French, 17 were Dutch, 13 Swiss, 5 Belgian, 4 Italian, 4 from Luxemburg, 4 Swedish, 2 Danish, and 1 Norwegian.
“Of these persons, 90 were expelled by Prussian authorities, 63 by Bavarian authorities, 43 by Saxon, 24 by imperial (Alsace-Lorraine), 9 by Baden, 7 by Hamburg, 3 by Weimar, and 1 each by the authorities of Württemberg, Mecklenburg, Hesse, and Reuss."
Compiled by Mr. Jackson, sec. of U. S. embassy at Berlin, from Nos. 1
20, inclusive, of the Central-Blatt fur das Deutsche Reich, the official weekly publication of the Imperial German home office, dated from January 8 to May 21, 1897. (For. Rel. 1897, 229.)
M. F. Schaaf was born in Leipzig in 1872 and emigrated with his parents in 1882 to America, where he became a citizen through the naturalization of his father in 1889. In September, 1899, after his father's death, he returned to Leipzig, and after remaining there about a year went to Altona, near Hamburg. Shortly after his arrival in Altona he was expelled from Prussia on account, it was said, of his father having neglected to obtain his release from German allegiance before his emigration. He then removed to Hamburg, but soon received an order to leave that city within 14 days. In view of the interest taken in the case by the American embassy, he was allowed to prolong somewhat his stay in Hamburg, but the authorities felt obliged to maintain the order of expulsion, as it was assumed that he had emigrated in order to evade military service.
The Government of the United States, said Mr. Hay, considered the German contention extreme and even scarcely reasonable, as Schaaf had emigrated with his parents when only 10 years old. The United States, it was said, would regret if such cases indicated a purpose “ to hold all American citizens of German origin, who emigrated during minority, amenable to the imputation of intention to evade military service, no matter what their age may have been at the time of emigration.” Such an assumption would, it was maintained, be incompatible with the spirit and intent of the treaties of naturalization, since it would almost amount to the injection into them of a "requirement of prior consent to change of allegiance, a requirement not admitted by the negotiators of those conventions."
Mr. White, the American ambassador, in reply explained the Prussian position as follows:
“ The position taken by the royal Prussian authorities is that it is to be presumed that any one who emigrates from Prussia without having performed military service emigrated for the purpose of evading such service, the age of the person in question at the time of his emigration not being taken into account. The-Prussian authorities hold that no such person should be allowed to settle in Prussia or to make a prolonged visit in that country while still of an age when, had he remained a Prussian subject, he might be called upon for military service. They consider that the provisions of the Bancroft treaties are sufficiently complied with if the person in question is allowed to visit his former home and to remain there a few weeks; and of late years, in certain parts of the country, expulsion orders have become more or less frequent. The question of having obtained permission to change allegiance does not appear to influence the case, the idea being merely that a person should not be able, through a few years' residence abroad and naturalization in a foreign country, to return to his native place and to there sojourn, free from the duties and obligations of other men of the same age who have lived there continuously. It sometimes happens, of course, that local officials show too much zeal and that there is real hardship connected with a case of expulsion, but it must not be forgotten that the number of persons expelled or otherwise molested on account of their not having performed military service is relatively very small when considered in connection with the great number of American citizens of German origin who visit their former homes every year.
“ In Germany a record is kept of every male child born in the country. At the beginning of each calendar year official notice is published to the effect that all males born during the twentieth preceding calendar year are to report for examination as to their fitness for military service. At the end of the year proceedings are taken against all those who have failed to report, and they are all sentenced to pay a fine or undergo imprisonment, and warrants are issued for their arrest. When such a person returns from the United States or any other country, unless the fact of his change of nationality is recorded and his name has been taken from the lists, he is liable at any time to be called upon to pay the fine, the same being almost invariably refunded, in the case of an American citizen, upon intervention being made by the embassy. In Zahl's case he was probably sentenced several years before he became a citizen of the United States.
** In this connection I beg to call attention to Mr. Kasson's dispatch No. 124, of January 6, 1885, and to the inclosures therein. (For. Rel. 1885, p. 392.)”
Mr. Ilay, Sec. of State, to Mr. White, amb. to Germany, Feb. 5, 1901,
158 ; Mr. White, amb. to Germany, to Mr. Hay, Sec. of State, Feb. 16, 1.901: For. Rel. 1901, 158, 159.
In the case of Albert Ehrenstroem, a naturalized citizen of the United States of German birth, who was ordered to leave Prussian territory before February 1, 1901, the police authorities at Magdeburg, replying to the inquiry of an American consul, stated that the order of expulsion was " based upon an instruction from a higher source, under which Germans formerly liable for military service who return to Germany after having acquired American citizenship are to be permitted to remain only for a short time, which is to be measured by the circumstances and purposes of their sojourn."
On March 20, 1901, the following general order was published:
Military.-By higher authority the attention of police and municipal officials has been called to the following: Persons who, before fulfilling their military obligations, or for the purpose of evading the same, have emigrated to the United States of America, and there acquired American citizenship, will be permitted to remain in Germany only for a period of weeks or months, according to the circumstances of each case, but they will not be permitted to settle permanently in Germany."
With reference to this order, the embassy at Berlin was requested to report whether former Germans who had become naturalized in other countries than the United States were, on their return to Prussia, expelled therefrom after a limited stay of a few weeks or months, or whether they were permitted to reside there indefinitely and to carry on business for themselves or as agents of foreign commercial houses. The embassy replied that there was apparently no intention on the part of the Prussian Government to discriminate against American citizens, but that, in respect of the question under consideration, it was difficult to draw a parallel (1) because Germany had no treaty with any other country similar to those of 1868 with the United States, and (2) because, owing to the fact that obligatory