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this is so, notwithstanding he may entertain a floating intention of returning to his original residence or citizenship at some future period, and the presumption of law with respect to residence in a foreign country, especially if it be protracted, is that the party is there animo manendi, and it lies with him to explain it.
Obviously, these remarks apply with equal force to one who remains in a foreign country after he has attained his majority. The circular
When an applicant has completely severed his relations with the United States; has neither kindred nor property here; has married and established a home in a foreign land; has engaged in business or professional pursuits wholly in foreign countries; has so shaped his plans as to make it impossible or improbable that they will ever include a domicile in this country—these and similar circumstances should cxercise an adverse influence in determining the question whether or not a passport should issue.
Each circumstance quoted above appears to be applicable to Mr. Schimaneck, with the additional fact that in applying for the
passport issued him by your legation August 4, 1894, he swore that he intended to return to the United States, which he has not done, and in his pending application he makes the same promise, which there is strong reason for believing he will not keep. The circular also says:
If, in making application for a passport, he (the applicant) swears that he intends to return to the United States within a given period, and afterwards, in applying for a renewal of his passport, it appears that he did not fulfill his intention, this circumstance awakens a doubt as to his real purpose which he must dispel.
So far from the doubt having been dispelled in this appears to have been confirmed. The Department is therefore of the opinion that, there being no additional facts to change the aspect of the case, Mr. Schimaneck's application for a passport should not be granted and the applicant informed that he must renew his residence in the United States which was abandoned in his infancy, before he can expect to receive the protection of this Government while he is abroad. I am, etc.,
CONDOLENCES ON ASSASSINATION OF PRESIDENT MCKINLEY. Mr. Von Callenberg, Chargé d' Affaires, to Mr. Ilay.
MANCHESTER, Mass., September 15, 1901. I am charged, on the occasion of the tragic death of President McKinley, to convey to the Federal Government the warmest sympathy of His Imperial and Royal Apostolic Majesty.
VON CALLENBERG, Austro-Hungarian Chargé d'Affaires.
Mr. Hay to Mr. Von Callenberg,
DEPARTMENT OF STATE,
Washington, September 16, 1901. I have charged the United States minister at Vienna to make on behalf of the President suitable acknowledgment of the sympathetic
message of His Imperial and Royal Majesty which you conveyed by your telegram of the 15th instant.
Mr. Ilay to Mr. McCormick.
DEPARTMENT OF STATE,
Washington, September 16, 1901. I am charged to request you to convey, in the name of the President and Government of the United States, through the appropriate channel, grateful acknowledgment of the message of condolence sent through Mr. Callenberg by His Imperial and Royal Majesty.
LIABILITY OF NATURALIZED CITIZENS OF THE UNITED STATES UNDER MILITARY AND EXPATRIATION LAWS OF THEIR NATIVE COUNTRY.a
Mr. Hay to Mr. Townsend.
DEPARTMENT OF STATE,
Washington, December 10, 1900. Sir: The Department is frequently in receipt of information that naturalized citizens who receive its passports suppose themselves to be thereby rendered exempt from the operation of the military laws and laws relating to expatriation of the country of their origin on their return. It has, therefore, been determined to send to each person of foreign birth who receives a passport from this Department a brief and easily comprehended statement, showing what treatment he may expect to encounter if he returns to the country of his origin.
The Department has no information concerning the military or other laws of Belgium as they may affect a Belgian subject who secures naturalization in this country and returns, and you are instructed to furnish a report on the subject at the earliest practicable date. I am, etc.,
NOTICE TO AMERICAN CITIZENS FORMERLY SUBJECTS OF BELGIUM WHO
CONTEMPLATE RETURNING TO THAT COUNTRY.
DEPARTMENT OF STATE,
Washington, February 5, 1901. The information given below is believed to be correct, yet it is not to be considered as official, as it relates to the laws and regulations of a foreign country.
Every male Belgian must register during the calendar year in which he reaches the age of 19 years to take part in the drawing of lots for the raising of the necessary military contingent.
Anyone who has drawn a number which designates him for military service, or in case of his absence has had a number drawn for him by the proper authority, is punishable if he does not answer the call for service.
Under the terms of the convention between the United States and Belgium a Belgian naturalized as a citizen of the United States is considered by Belgium as a citizen of the United States; but upon return to Belgium he may be prosecuted for crime or misdemeanor commit
"See also under Netherlands, Persia, Portugal, Roumania, and Servia.
ted before naturalization, saving such limitations as are established by the laws of Belgium.
A naturalized American formerly a Belgian, who has resided five years in this country, can not be held to military service in Belgium or to incidental obligation resulting therefrom, in the event of his return, except in cases of desertion from organized or embodied military or naval service.
Passports are not usually required in Belgium, but people who contemplate sojourning in that country are recommended to carry them in order to establish their identity. They do not require to be viséed or indorsed.
ARREST AND ILL TREATMENT OF THOMAS DE ST. BRIS.
Mr. Hill to Mr. Townsend.
DEPARTMENT OF STATE,
Washington, July 29, 1901. Sir: I inclose herewith for your information a copy of a letter from Hon. B. R. Tillman, bringing to the Department's attention the case of Mr. Thomas de St. Bris, an American citizen, who was arrested and assaulted by the police of Middelkerke, Belgium, on suspicion of having stolen some jewelry.
You will make an immediate investigation of the case, and if the grossly discourteous treatment of this respectable American citizen by the police is substantiated, proper reprimand and regrets will be expected. I am, etc.,
David J. HILL,
Mr. Tillman to Mr. Hay.
TRENTON, S. C., July 20, 1901. SIR: I inclose a letter and some newspaper clippings, which you will please return after reading them. It seems to me that Americans traveling abroad are entitled to decent treatment as long as they behave themselves, and to secure redress through their Government when they are wronged or imposed upon.
Since we have become a "world power” it would appear that the national influence might be carried in this direction, as well as in others, and I shall be glad if you will offer any suggestions as to how this man shall proceed in order to make his case one that you can prosecute vigorously. Yours, truly,
B. R. TILLMAN, U. S. S.
Mr. de St. Bris to Mr. Tillman.
HOTEL DE FLANDRE, Bunkerque, France, June 26, 1901. DEAR SIR: I am over in Europe making historical researches for a new work on American history, and had a nervous attack from overwork, whereon the doctor ordered me to go to Middelkerke, a quiet seaside place, to spend a month. The in
F R 1901—-2
closed extract from an English and French newspaper will tell you what happened to me, and as my father was a South Carolina man, I think I ought to let you know. I sent a claim for damages to the Hon. Lawrence Townsend, United States minister plenipotentiary at Brussels. He was out of town when I called, but the secretary told me that the Belgian Government decline all responsibility for the acts of their village chiefs. The vice-consul at Ghent said that they would give nothing for slapping me in the face after taking me falsely into custody, and that the consular rules order all consuls to keep on as good terms as possible with foreign governments.
In consequence of this United States citizens are constantly arrested, as they only give a letter of apology for it. These police have thousands of photographs of thieves for whose capture high rewards are offered, and if there is any resemblance they try to find some excuse for searching all your papers. Some time ago a New Yorker (well known) was arrested for sketching a tree in the country, under the laws ordering arrest for sketching fortifications. These arrests when known to one's enemies do tremendous damage, as they only tell half the story.
There ought to be a law (if our Government do not wish to enforce it) hoiding foreign governments responsible for illegal acts of their police chiefs, and also for unjustified arrests. Of course I would not get large damages, as I only make $1,500 a year, but I have an income of $1,500 from United States securities.
I don't want to go to expense about this claim, but if a lawyer could get a payment I would divide with him half of what I got as compensation for his trouble.
I believe we are no worse off than any other nation, but it seems outrageous that we can be so damaged and treated without compensation.
The police only arrest people in moderate circumstances, as it is more difficult to enforce a claim. I have been so upset by this outrage that I can not write a decent letter yet. Perhaps you can lend me a hand in this matter. Believe me, etc.,
Thos. DE ST. BRIS.
[Subinclosure 2.-Newspaper clipping.)
AN AMERICAN WRONGLY ARRESTED IN BELGIUM.
A singular incident has just occurred at Middelkerke, in Belgium, where, owing to a mistake of a landlady and over officiousness on the part of the police, an American gentleman, vice-president of a bank, has been subjected to considerable annoyance and vexation.
It appears that he rented a room with the intention of passing the season at Middelkerke. He had hardly taken possession of the room when the landlady of the house sent men to remove a wardrobe which had been forgotten. In shifting this wardrobe head downward some jewelry, valued at 500 francs, slipped out of the top drawer and fell into the body of the wardrobe.
The landlady, on finding the drawer empty, ran to the village police office and brought the chief officer. This functionary rushed violently at the new occupant of the room, pointed a revolver at his head, and demanded, "Where have you hidden the stolen jewels?”' Of course, he denied all knowledge of the matter, but he was dragged downstairs and handed over to a policeman, after being slapped in the face by the chief. He was then conducted to various shops in the place and asked where he had sold the jewels. The next step was to take him to the police station, where he was stripped and all his luggage searched; his private note book was scrutinized and various indignities perpetrated.
His passport, photograph, and various papers of identification were utterly disregarded by these village officials and the American banker made to feel very uncomfortable.
At last it began to dawn upon the mind of the police that a mistake had been made, and the chief said: “Well, if I am wrong I beg your pardon.”'
Then the landlady herself came upon the scene and apologized, for she had found the missing jewels in the body of the wardrobe.
The American consul then arrived, and the dénouement was the discovery of a mare's nest.
The American gentleman is naturally very indignant and is lodging a claim with the Belgian Government. The moral of the story is that travelers should make themselves acquainted with the furniture and its contents when they occupy strange rooms in strange places.