CITIZENSHIP OF A CHILD BORN IN THE UNITED STATES AND TAKEN ABROAD DURING ITS MINORITY. Memorandum. IMPERIAL GERMAN EMBASSY, I. On June 26, 1875, the Attorney-General of the United States rendered an opinion that children who are born in the United States and whose father is a naturalized American citizen shall be considered American citizens even if their father has left the United States after the children's birth and renounced his American citizenship and allegiance. These children, however, shall be afforded an opportunity when they reach the age of 21 of electing whether they will return and take the nationality of their birth or retain the nationality acquired by the act of their father. II. In 1883, in the case of a young Jew, the Imperial German legation was informed by the Department of State that the United States Government had adopted the principle that minor children who were born within the dominion of the United States do not lose their American citizenship eo ipso if their father changes his nationality, but that these children will be afforded an opportunity of making formal option of allegiance at their coming of age. III. In 1896 it was stated by the Department of State that a child of foreign parents who was born in the United States and taken abroad by his father during his minority shall retain, according to the point of view established by the executive branch of the United States Government, his American citizenship by birth in the United States and may claim it after attaining majority. It was added, however, that the executive branch of the United States Government was not competent to declare this, but that this had to be done by the competent court, either State or Federal, as the case may be. IV. In the case of a Chinese child born in the United States whose parents had not been naturalized in the United States, and who had been taken to China by his parents and wanted to return to this country later, the United States Supreme Court stated in a decision rendered in October, 1897, "that all children born within the dominion of the United States of foreign parents holding no diplomatic office became American citizens merely by birth." V. A decision contradictory to the previous decisions was issued by the Treasury Department on February 28, 1899, No. 20747, stating that children born in the United States of nonnaturalized aliens and taken abroad by their father should, upon their return to this country, be adjudged alien immigrants. The papers in this latter case had been referred to the Solicitor of the Treasury Department, who, after a careful review of the authorities, rendered an opinion that a child born in this country of a foreign father and taken abroad by his father, acquired said parent's domicile and nationality. Memorandum. DEPARTMENT OF STATE, Washington, May 27, 1901. Relative to the matter of the contradiction between certain cases cited in the memorandum of the German embassy of April 16, last, as determined by the Department of State, the Attorney-General, and the Supreme Court of the United States, and one determined by the Treasury Department, announced on February 28, 1899, in Treasury decision No. 20747, upon the question of the nationality of a child born in the United States and taken out of the country by his parents, the Department of State finds upon investigation that the Treasury decision was overruled by the district court of the United States for the southern district of New York, which held that the two American-born children of Acberto Anselmo and his wife, Giovanna, Italians, were not aliens but citizens of the United States, and as such entitled to admission into the United States. (Vide 93, Federal Reporter, 659.) This decision of the district court is admitted, in a letter from the Secretary of the Treasury of the 20th instant, to be binding and conclusive upon that Department and is now followed by it. RESTRICTIONS ON SOJOURN IN THEIR COUNTRY OF ORIGIN OF GERMANS NATURALIZED IN THE UNITED STATES. No. 1189.] Mr. Hay to Mr. Jackson. DEPARTMENT OF STATE, Washington, April 16, 1901. SIR: I inclose herewith copies of two dispatches from the consulategeneral at Frankfort with respect to the issuance of an order by the Prussian Government restricting the right of sojourn in Prussia of naturalized Americans of German birth. The order seems to apply only to such former German subjects as have acquired American citizenship, and to be therefore a discrimination against them on that account. In order that the Department may be fully advised as to this, it would be pleased to have you report whether former Germans who have become naturalized in other countries than the United States are, upon their return to Prussia, expelled therefrom after a limited stay of a few weeks or months, or whether they are permitted to reside there indefinitely and to carry on business either for themselves or as agents of foreign commercial houses. I am, etc., JOHN HAY. [Inclosure 1.] Mr. Murphy to Mr. Hill. No. 55, Consular clerk series.] CONSULATE-GENERAL OF THE UNITED STATES, Frankfort on the Main, January 11, 1901. SIR: As a matter of considerable importance to a large class of American citizens, I have the honor to inclose a copy of a letter recently addressed to the consul at Magdeburg by the royal police praesidium at that place, which apparently indicates clearly that a general order has recently been issued by the Prussian Government restricting for our naturalized citizens of German birth the right of temporary sojourn in Prussia, thus discriminating between our native and naturalized citizens in what seems to me direct violation of the protocols appended to the convention of February 22, 1868, under which naturalized citizens are entitled to the same rights as native citizens. The recognized right of a government to expel individuals seems to me to be a different thing from a general order which affects an entire class, especially if it applies only to Germans who have become American citizens and not to Germans who have been naturalized in other countries. If it be held that this is not a matter in which protest can properly be made, are not our citizens of German birth at least entitled to know of this decision in order that they may take the risk into consideration before going to the expense of returning to Germany for brief visits or as representatives and promoters of American trade? (See circular of March 27, 1899.) During the year that I have recently spent in Germany I have had five or six such cases, usually poor people who have had no intention or desire to remain in Germany more than a month or two. I have never known of a case where a wealthy American citizen of German birth has been interfered with in this way upon his return to Germany for prolonged or permanent residence. In every case which I have reported to the embassy it has succeeded in obtaining for the person permission to extend his visit two or three weeks, but in each instance the American citizen has informed me that he would not have gone to the expense of the journey if he had been cognizant of the fact that he could be expelled at once by order of an official having local authority, no matter how peaceably he might conduct himself. In most such cases the object of the order of expulsion seems to be merely to compel the individual to renounce his American citizenship, thus removing the one obstacle to his enforced enlistment in the German army. In some cases the expulsion may be meant simply as a warning to would-be emigrants. In the special case of Albert Ehrenstroem the embassy has asked for an extension of his time, but I hope that the Department will decide that it is right to give to the press the substance of the letter addressed by the Royal Prussian police presidium at Magdeburg to Consul Baehr. I have, etc., Answer to a letter of December 12, 1900: ROYAL POLICE PRESIDIUM, The order to Albert Ehrenstroem to leave Prussian territory before February 1, 1901, is 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. The period allowed in the above-mentioned case appears to be sufficient. age. LUTTERKORTH. Memorandum: Ehrenstroem emigrated with his parents when he was 13 years of He was then too young to serve in the army, and his emigration was not opposed. It is clear that he was not an evader of any obligation to the Prussian Government, but that as a child he naturally accompanied his parents. G. H. M. [Inclosure 2.] No. 58, consular clerk series.] CONSULATE-GENERAL OF THE UNITED STATES, SIR: Referring to my dispatch of January 11 last, reporting the issuance of an order by the Prussian Government restricting the right of sojourn in Germany of natural ized American citizens of German birth, I have the honor to inclose herewith a clipping from the Frankfort Kleine Presse containing the same information as the letter from the police president at Magdeburg, a copy of which accompanied my former report. It accordingly now appears certain that a general order has been issued discriminating against such expatriated Germans as have acquired American citizenship. No mention is made either in the letter of the police president or in the inclosed newspaper article of Germans who have acquired any other nationality. It is furthermore of interest to our citizens of German birth who may desire to visit their old homes or to settle in Germany as representatives of American commercial houses and promoters of American trade that the question as to how long they may be permitted to remain is left to the decision of the local police authorities, and that such permission can not be extended beyond weeks or months at most, if the person emigrated without first performing military service. This restriction of the right of sojourn applies even to persons who emigrate as minors with their parents before they have reached the age when they can be compelled to serve in the army. I have, etc., GEORGE H. MURPHY, Consular Clerk. [Subinclosure.] TRANSLATION FROM THE FRANKFORT KLEINE PRESSE OF MARCH 20, 1901. 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 avoiding 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. No. 1624.] Mr. White to Mr. Hay. EMBASSY OF THE UNITED STATES OF AMERICA, Berlin, May 4, 1901. SIR: I have the honor to transmit herewith a report made to me to-day by Mr. Jackson (to whom the instruction was addressed) with reference to your No. 1189, of April 15, 1901, which was received at the embassy on the 26th ultimo. I am, etc., [Inclosure.] ANDREW D. WHITE. Mr. Jackson to Mr. White. EMBASSY OF THE UNITED STATES OF AMERICA, SIR: With reference to the State Department's instruction No. 1189, received by me on the 26th ultimo, I have the honor to submit the following report: After more than ten years' experience at this post, and after having had frequent conversations with my colleagues and with German officials upon the subject of the expulsion of former German subjects, I feel at liberty to say with positiveness that there is no intention on the part of the Prussian Government to discriminate against American citizens. In the question under consideration it is very difficult to draw a parallel. In the first place, no other treaty similar to our Bancroft treaties of 1868 exists between the German Empire, or any German State, and any foreign country. In the second place, obligatory military service exists in almost all continental coun'FR 1901- -12 tries, and consequently the emigration of young Germans to those countries is not considerable. Moreover, with many of these countries informal understandings, or even formal agreements, exist, in accordance with which their respective nationals are reciprocally handed over to their home authorities where an attempt is made to evade military service. Where no treaty exists the returned German is not considered as entitled to be protected by the authorities of the country in which he has acquired nationality, and he is generally punished in accordance with German law without any intervention on their part. This is even the case with British subjects, the Department of State being probably aware of the fact that it is the general practice of the British Government to decline to intervene in behalf of a naturalized subject who returns to the land of his birth. As there is no compulsory military service in Great Britain, there is a comparatively large emigration of Germans to that country, but, as I am informed by the British ambassador here, it rarely happens that intervention is made in behalf of such a person (even to ask for permission for one to spend a few weeks in Germany, on a visit, or to make a cure at some watering place), although the instances where they get into trouble are by no means infrequent. The general rule is to make it unpleasant for all persons of German birth who have evaded military service in their native country, whether their emigration took place for the purpose of evading such service or not, upon their return to Germany after having acquired another nationality, it being held by the authorities, especially those in Prussia, that the sojourn of such persons for any length of time causes discontent and dissatisfaction among their companions of the same age who have remained at home. It is of course possible that certain of the minor local officials may entertain particular grudges against American citizens of German origin on account of the frequency with which they have to do with annoying cases where they are involved, but I am confident that these views are not shared by the superior officials of the Prussian ministry of the interior, or at all generally by their subordinates. With regard to the order in the case of Albert Ehrenstroem (see correspondence with Mr. George M. Murphy, consular clerk) and to the recent general order, I have to state that I have been informed by the Prussian ministry of the interior that attention has been merely called to what has been the practice for a long time, so that persons who do not know that objection exists to their renewing their residence in Germany may not be subjected to hardship. I am, etc., JOHN B. JACKSON, PASSPORT APPLICATIONS OF PERSONS BORN IN THE UNITED STATES-PRODUCTION OF CERTIFICATE OF FATHER'S NATURALIZATION NOT TO BE REQUIRED. Mr. Hill to Mr. White. No. 1205.] DEPARTMENT OF STATE, SIR: Mr. Jackson's unnumbered dispatch of the 1st ultimo, transmitting returns of passports issued by your embassy during the preceding quarter, has been received. Miss Ella Seemann applied for a passport through the consul at Hamburg, and received one February 20, 1901, No. 2671. The form used was that intended for a person claiming citizenship through the naturalization of the parent, and she was required to produce her father's naturalization certificate. In another case-that of Miss Henrietta Augusta Herrmann, whose application was also through the consul at Hamburg-the applicant could not show her father's naturalization certificate, but was required to make the statements usually required from a person whose citizenship is derived from the naturalization of the father. As both of these women were, as their statements show, born in the United States and had not forfeited their allegiance, they should not have been required to make the statements |
