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him of the 16th of January, a note dated 22d of May, 1906, a copy and a translation into English of which are herewith respectfully inclosed, in which the German Government not only replies to my declaration that the United States Government does not acquiesce in its contention as to the nonapplicability of the Bancroft naturalization treaties to Alsace-Lorraine, but makes a specific statement as to its view of this question and as to the attitude in regard to it which the Imperial Government intends to assume from this time forth; that is to say:
Since the years 1880 and 1881, in which the Government of the United States of America was informed as to the understanding of the Imperial Government of the nonapplicability of the so-called “ Bancroft treaties" to Alsace-Lorraine, no change of this point of view has taken place either in fact or in law. It was pointed out at that time, and accepted without dispute by the Government of the United States, that the provisions of these treaties can be extended to Alsace-Lorraine only by means of a treaty to be hereafter entered into by the United States of America and the German Empire. See the note dated the 28th December, 1881, of Mr. Sidney Everett, then chargé d'affaires of the United States,
The Imperial Government has now clearly announced, therefore, that it does not consider that the Bancroft naturalization treaties are applicable to Alsace-Lorraine, and it meets squarely the contention of the United States that they are so applicable.
Referring to the establishment by the two governments of a convention which shall decide this question by the consent of both of the high contracting powers, as he suggests, the imperial secretary of state for foreign affairs sums up in his note the relations of a native of Alsace-Lorraine naturalized in the United States, as follows:
So long as this has not taken place, a penalty for nonperformance of military service which has been duly imposed upon subjects of Alsace-Lorraine who have evaded the fulfillment of their military duty in Germany, can not be allowed to remain in abeyance in case of their return to Germany, even if they have become citizens of the United States of America.
The note of Mr. Sidney Everett, to which reference is made herein, was addressed by him as chargé d'affaires ad interim of the legation of the United States of America in Berlin to Count Hatzfeld, provisional secretary of state for foreign affairs, in the course of a discussion which was taking place at that time very much in the same manner as that of to-day, in regard to the naturalization in America of German subjects born in Alsace-Lorraine.
I have the honor to inclose to you herewith, for your information, a copy of Mr. Everett's note. I have, etc.,
[Inclosure 1.- Translation.]
The Minister for Foreign Affairs to Ambassador Tower,
BERLIN, Jay 22, 1906. The undersigned has the honor to inform his excellency Mr. Charlemagne Tower, ambassador extraordinary and minister plenipotentiary of the United States of America, in reply to his note of the 16th of January, 1906, F. 0. No. 728, that the case of Kalm has been subjected to a reinvestigation; but that, to its regret, the Imperial Government can not make any change in the decision which it communicated to the embassy on the 28th of October, 1905, namely,
that if Kahn returns to Alsace-Lorraine, he will have to undergo the sentence passed upon him for the evasion of his military duties, and will also have to fulfill his military service.
Since the years 1880 and 1881, in which the Government of the United States of America was informed as to the understanding of the Imperial Gorernment of the nonapplicability of the so-called “ Bancroft treaties " to AlsaceLorraine, no change of this point of view has taken place either in fact or in law. It was pointed out at that time, and accepted without dispute by the Government of the United States, that the provisions of these treaties can be extended to Alsace-Lorraine only by means of a treaty to be hereafter entered into by the United States of America and the German Empire. See the note dated the 28th of December, 1881, of Mr. Sidney Everett, then chargé d'affaires of the United States.
So long as this has not taken place, a penalty for nonperformance of military service which has been duly imposed upon subjects of Alsace-Lorraine who have evaded the fulfillment of their military duty in Germany, can not be allowed to remain in abeyance in case of their return to Germany, even if they have become citizens of the United States of America. The undersigned avails himself of this opportunity, etc.,
[Mr. Ererett's note abore referred to.)
LEGATION OF THE UNITED STATES,
Berlin, 29th December, 1881. The undersigned, chargé (l'affaires ad interim of the United States of America, referring to his interviews of the 21th and 27th instant at the foreign office, has the honor now to inclose to his excellency Count Hatzfeldt, provisional secretary of state for foreign affairs, copies of the protocol signed by his excellency Mr. von Schlozer and the Hon. James G. Blaine at Washington on the 3d instant, as well as the letter of the latter to Mr. von Schlozer of the 29th ultimo, which led to the signing of the protocol.
The undersigned would state that in his interview with Count LimburgStirum on the 8th of December, 1880, alluded to in the Secretary's note, his excellency himself suggested that it was desirable if possible to avoid making a new treaty, or changing the present one, and it was with the intention of meeting these views of the German Government that the inclosed short and simple form was adopted. As regards Article I, to the form of which the undersigned understands there is some objection on the part of the foreign oflice, which states that “the provisions of the convention of 1868 with the North German ('onfederation were applicable to all the territories of the German Empire which have been acquired since the exchange of ratifications or which may hereafter be acquired," it was not forgotten probably either by his excellency Mr. von Schlozer or Mr. Secretary Blaine that Alsace-Loraine had never formed part of the North German Confederation, and that, consequently, the treaties of 1868 did not include that province, as was fully explained in the honored note of his highness Prince Hohenlohe to this legation on the 5th of August, 1880, and which was transmitted to Washington at this time. The undersigned presumes, however, that in this article it was intended merely to express in that way that what is now a treaty with the North German Confederation becomes on the signing of the protocol a treaty with the Empire, and extended to all its provinces.
Previous to the above-mentioned note of Prince Ilohenlohe and the subse quent interviews with Count Limburg-Stirum, the American Government had, indeed, imagined that as the North German Confederation has ceased to exist its treaties affecting military services were transferred to the German Empire as well as its military system of legislation, instructions, regulations and ordinances, as stated in No. 61 of the imperial constitution, and that they were consequently extended to Alsace-Lorraine when that province became a part of Germany as provided for by the imperial decree of 9th June, 1871, No. 2, and this misapprehension of the American Government was still further encouraged by the fact that the predecessors of Prince Hohenlohe in the foreign office had invariably decided all military cases of naturalized Americans in Alsace
Lorraine according to the treaty of 1868. Otherwise it would seem to follow that naturalized Americans from any of the North German States would be liable to be seized as deserters if they were found in Alsace-Lorraine, because their treaty rights did not extend to that province.
It was to avoid all such misunderstandings that the Secretary of State, waiving all discussions of these questions of the application of the treaty, made the first overtures to the German minister for an amicable settlement of the difficulty, and the undersigned begs to call the attention of His Excellency Count Hatzfeldt to the sentence in the note of the Secretary of State which states that “the Government is not tenacious of the manner of settlement proposed, but will, if insisted upon by the Imperial Government, conclude a supplemental convention covering substantially the ground of the draft-declaration now submitted.”
The undersigned, trusting that Ilis Excellency Count Hatzfeldt will meet the inclosed proposals with the same friendly spirit in which they are offered, and facilitate an early settlement of this important matter, and also requesting that the legation may receive a copy of any proposed alteration in the protocol from the imperial foreign office, avails himself, etc.,
H. SIDNEY EVERETT.
The Acting Secretary of State to ambassador Tower.
DEPARTMENT OF STATE,
Washington, September 21, 1906. Sir: I have to acknowledge the receipt of your No. 972, of the 30th of May last, relative to the military case of Maurice Kahn, a native of Alsace-Lorraine, and of your No. 1012, of the 16th ultimo, relative to that of Alois Boucher, also a native of Alsace-Lorraine.
The department approves your conduct in your endeavor to secure the exemption and release from military service of citizens of the United States born in Alsace-Lorraine who may have returned temporarily to the land of their nativity.
No. 972 attention is called to the contention of the German Government that the Bancroft treaty of 1868 does not apply to Alsace-Lorraine. In this reply, however, it is stated that the German Government is willing to enter into a convention by which the various Bancroft treaties may be extended to Alsace-Lorraine, or to negotiate an entirely new treaty covering the point in dispute.
You will express to the minister of foreign affairs the gratification produced by the proposal of his excellency that the United States and Germany enter into a treaty by the terms of which difficulties of a like nature may be avoided in the future.
You will use your discretion as to the time and manner of calling this matter to the attention of the German Government, and in so doing you will be careful to observe that the proposal at this time emanates from the German Government.
It is earnestly hoped by the department that the proposed regulation of the difficulty may be carried into effect at as early a period as practicable. I am, etc.,
ALVEY A. ADEE.
PROHIBITION OF POTATOES.
The Acting Secretary of State to Ambassador Tower.
DEPARTMENT OF STATE,
Washington, June 25, 1906. Sir: The department has received a letter from Mr. Hugo Malmedie, claiming to be a citizen of the United States, residing at Bensberg, Germany, which reads as follows:
Would it not be advisible to inform the German Government, that sweet potatoes do not come under their law prohibiting the import of white potatoes?
I have here 2 packages of together about 6. pounds sweet potatoes as seed at the custom-house office, and they refuse to follow them out on account of quest (?) law.
The law here is against the potato bug, with which our sweet potato has nothing to do.
In relation to this communication the Secretary of Agriculture informs this department as follows:
I have the honor to acknowledge the receipt of your communication of the 2d instant, informing this department of the receipt of a letter from a correspondent in Bensberg, Germany, protesting against the prohibition of importation into Germany of American sweet potatoes. In reply I beg leave to respectfully inform you that the so-called potato bug," or, as it is better known, the * Colorado potato beetle (Leptinotarsa decemlineata) never, under any circumstances, breeds on sweet potato, nor could it subsist for any length of time on that plant. It is practically restricted to the genus Solanum, although it occasionally attacks related species of Solanacee when the normal food is lacking. (Sweet potatoes do not belong to the Solanacea, but to a very distinct family, Convolvulaceae.
The grounds upon which your correspondent bases his protest, i. e., the immunity of sweet potatoes from the potato bug, are therefore scientifically well founded.
You are instructed to investigate this matter, and, in case the facts as ascertained shall warrant, to make suitable representations to the German Government, with a view of securing the removal of any restrictions on the importation of American sweet potatoes. I am, etc.,
Ambassador Tower to the Secretary of State.
Berlin, August 31, 1906. SIR: In accordance with the instructions contained in Mr. Bacon's dispatch No. 514, of the 25th of June, 1906, in relation to the importation of sweet potatoes into Germany and to the tariff rates imposed upon them, which question was raised by Mr. Hugo Malmedie in a letter which he addressed to the Department of State, I have the honor to report to you that I have brought this subject to the attention of the German Government and have received a note from the imperial secretary of state for foreign affairs, dated the 23d of August, 1906, a copy and a translation into English of which are hereto attached. In this note the secretary of state for foreign affairs informs me that the governments of the German frontier States, as well as the Imperial Statthalter in Alsace-Lorraine, have been notified that the so-called "sweet potato” (Ipomea batatas, Convolvulus batatas,
Batatas edulis) has no relation to the potato (Solanum tuberosum) and therefore is not included in the order of the 26th of February, 1875, which prohibits the importation of potatoes; and that instructions have been given to the authorities to bring this decision to the attention of the customs-house officers. I have, etc.,
The Secretary of State for Foreign Affairs to Ambassador Tower.
BERLIN, August 23, 1906. In reply to the note of the 14th of July, 1906, F. 0. No. 854, the undersigned has the honor to inform his excellency Mr. Charlemagne Tower, ambassador extraordinary and plenipotentiary of the United States of America, that the governments of the federated frontier States, as well as the Imperial Statthalter in Alsace-Lorraine, have been notified that the so-called “sweet potato” (Ipomea batatas, Convolvulus batatas, Batatas edulis) has no relation to the potato (Solanum tuberosum), and therefore is not included in the order of the 26th of February, 1875 (“ Reichs-Gesetzblatt," p. 135), which prohibits the importation of potatoes.
Instructions have been given to the authorities to bring this decision to the attention of the customs-house officers.
The undersigned avails himself of this opportunity to renew to his excellency the ambassador the assurance of his highest consideration.
COMMERCIAL TREATY BETWEEN GERMANY AND BULGARIA.
Ambassador Tower to the Secretary of State. No. 874.]
Berlin, January 17, 1906. Sir: I have the honor to inclose to you herewith three copies of the official “ Reichs-Gesetzblatt" No. 1, of January 12, 1906, containing the text of a commercial, customs, and navigation treaty between the German Empire and Bulgaria, which was signed on August 1, 1905, and has now been duly ratified. A copy of this treaty was forwarded, upon its submission to the Reichstag, to the department in Mr. Dodge's dispatch No. 836, of the 13th of December, 1905. I have the honor, etc.,
CITIZENSHIP OF PERSONS BORN IN THE UNITED STATES OF
GERMAN PARENTS AND LIVING IN GERMANY.
The German Ambassador to the Secretary of State.
Washington, October 25, 1906. MR. SECRETARY OF STATE: At the request of the Royal Bavarian government I have the honor to inquire of your excellency whether
4 Treaty on file at the department, not printed,