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 Cockburn 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. Hay, 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, 1901: 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 there from 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

military service existed in most all continental countries, few young Germans enmigrated to them. Between many of those countries, indeed, there existed informal correspondence, or even formal agreements, under which persons attempting to evade military service were handed over to their home authorities. Where no treaty

existed, the returned German was not considered as entitled to be protected by the authorities of the country in which he had become naturalized, and was generally punished in accordance with German law, this being the case even with British subjects, whose Government generally declined to intervene in behalf of a naturalized subject who returned to the land of his birth. The general rule of the German authorities appeared to be to make it unpleasant for all persons of German birth who had evaded military service in their native country, whether their emigration took place for the purpose of evading such service or not, it being held by the authorities, especially in Prussia, that the sojourn of such persons for any length of time caused discontent and dissatisfaction among persons of the same age who had remained at home. As to the supposed reason for the general order, the Prussian ministry of the interior had stated that attention had merely been called to what had been the practice for a long time, in order that persons who contemplated a renewal of their residence in Germany might not be subjected to hardship.

Mr. Hay, Sec. of State, to Mr. Jackson, chargé at Berlin, April 16, 1901, For. Rel. 1901, 175; Mr. White, amb. to Germany, to Mr. Hay, Sec. of State, May 4, 1901, enclosing a report of Mr. Jackson, sec. of embassy, of May 4, 1901, For. Rel. 1901, 177.

(5) OPERATION OF TREATIES.

$ 394.

The operation of the naturalization treaties with the North German Union and other German States of 1868 is discussed in a report of Mr. H. G. Squiers, second secretary of embassy at Berlin, April 17, 1897.@

Between April 23, 1868, and April 7, 1897, nearly twenty-nine years, there were presented to the German Government 447 cases, of which 48 arose in Alsace-Lorraine, and 88 in Schleswig-Holstein.

Of the 447 cases, 316 concerned persons who emigrated between the ages of 16 and 22. By the German law persons who have passed their 17th year are placed on the military list.

Length of residence in the United States before and after naturalization was also a significant circumstance. In 72 cases there was no

a For. Rel. 1897, 211-226.

record of this. In the remaining 375 cases, in which the record existed, 205 were those of persons who returned within six years after naturalization, while 212 out of 381 returned to their native land within two years after naturalization.

Of the 447 cases, 325 were decided favorably. More than half of those decided unfavorably were cases of expulsion, especially from Schleswig-Holstein.

In cases of arrest or of compulsory service, the certificate of naturalization was usually taken up by the authorities and, when the case was finally decided, was returned to the owner.

In 104 cases, in which the intervention was unsuccessful, the reasons for the failure were as follows: Less than five years' uninterrupted residence in the United States before naturalization, 4; desertion from the German army or navy, 15; fine collected before naturalization, 4; conduct such as to have a bad influence on the community, 7; nonextension of treaty of 1868 to Alsace-Lorraine, 7; deception as to facts, 1; acquisition of German nationality, 5; emigration to avoid military service, 53; retention of German allegiance, 7; residence in Germany for more than two years, 2; emigration without permission, 1.

The following is a summary of the grounds for and the result of intervention:

A naturalization treaty with Belgium was concluded November 16, 1868. It provides, broadly, that citizens of the one country" who may or who shall have been naturalized" in the other shall be considered as citizens of the latter; but a five years' residence is requisite to release from military obligations.