cated certificate showing five years' residence in the United States, in order that fulfillment of the treaty condition of five years' residence may appear separately as a fact of record. "A former German subject against whom there is an outstanding sentence, or who fears molestation upon return for an offense against German law, may petition the sovereign of his native State for relief, but this Government can not act as intermediary in presenting the petition." Circular notice, Department of State, Washington, Jan. 23, 1901, For. That a person charged, not with evasion of military service by emigration, Natives of Würtemberg, who, after being naturalized in the United States, return to their native country, should carry not only American passports, but also their certificates of naturalization. The certificate should be authenticated by the German consul nearest the person's home, and if, as is often the case, it does not state that he has lived five years uninterruptedly or continuously in the United States, he should take with him a written statement that he has so resided, signed and sworn to by two friends before a notary, and the signature of the notary should be acknowledged by the German consul. Besides, if the person in question was not naturalized in his full and exact baptismal name, he should take with him another statement, sworn to and acknowledged in the same manner, to the effect that "Henry who was naturalized on 18-, before the court ་ is identical with Heinrich C. and 18-." G. who was Mr. Johnson, consul at Stuttgart, to Mr. Uhl, Sept. 18, 1895, For. Rel. 1895, See Mr. Olney, Sec. of State, to Mr. Jackson, chargé at Berlin, Feb. 13, In Germany it is the practice of the local authorities to keep records of the birth and whereabouts of all residents, and it is the duty of every German, upon changing his residence, to inform the authorities, of both his old and his new home, of the fact. From time to time. notices are issued for all males of a certain age to report for examination as to fitness for military service. If, after a certain time, anyone has not reported, a judgment of fine or imprisonment, or both, is taken against him and is executed whenever possible. It is this that gives rise to the frequent so-called "military cases." If the person against whom such a judgment is sought to be executed satisfies the local authorities that he has acquired another nationality or has lost his German nationality, his name is stricken from the list of persons liable to military service, or the judgment is canceled, as the case may be. By section 1 of the law of the North German Union of June 1, 1870, which was extended, April 22, 1871, to the German Empire, German nationality is acquired through the acquisition of citizenship of any of the federated States and is lost with the loss of such citizenship. By this law the German nationality is lost by ten years' residence abroad, and this loss may be attested by a certificate issued by the authorities of the State of which the individual was a citizen. For. Rel. 1896, 213–215. For annual reports on "military cases" in Germany, see the volumes of Foreign Relations of the United States, under the title "Germany." Robert Weidel, a native of one of the States composing the North German Union, emigrated to the United States in 1868, and in 1873 became a citizen. In 1871 a fine of 50 thalers was imposed on him in Germany, and was paid by his father. In 1874, on his return to Germany, he was arrested. Representations were made by the American legation, and he was released; but repayment of the fine was refused, on the ground that when he emigrated he had already become liable to military service, and that by his emigration he violated the penal law, in consequence of which he was fined before he became an American citizen. On this statement, Mr. Fish held: "If such fine could be lawfully imposed in his absence (and the voluntary payment thereof by his father seems to recognize it), it is difficult to see how his having become a citizen of the United States two and a half years thereafter could give him the right to reclaim the amount In granting the high privilege of its citizenship, the United States does not assume the defense of obligations incurred by the party to whom it accords its citizenship prior to his acquisition of that right, nor does it assume to become his attorney for the prosecution of claims originating prior to the citizenship of the claimant." Mr. Fish, Sec. of State, to Mr. Davis, min. to Germany, Nov. 24, 1874, MS. In the course of the instruction, Mr. Fish said: "It would be captious to say that this act, viz, his leaving his native country in violation of its laws, was not prior to his emigration. It was a statutory offence, and as concerns him, and his native country, it was committed before he reached the territory of the United States, or could claim any protection from this Government. It would be alike against the comity and friendship due to another and a friendly state, and to the spirit of the treaty, and to the interests of the United States, that this government should assume the defence of those thus violating the enactments of their native land, or should encourage, by its protection, the recurrence of any violations of the laws which a friendly power prescribes to its citizens. "It would seem clear, therefore, that the act alleged against Weidel is one for which, under the treaty, a German naturalized in this country remains liable to trial and punishment on his return to his native land. 64 But in this case it is not necessary now to decide this general or abstract question. The fine had been imposed on Weidel, and was actually paid in February, 1871, two and a half years before he became a citizen of the United States." Henry Mumbour, a native of Prussia, entered the army in 1864 and served three years, and was then placed on the reserve rolls. April 1, 1869, in time of peace, he obtained leave of absence for a year and came to the United States. He remained beyond the expiration of his leave; and in the summer of 1870, when the FrancoGerman war began, and the reserves were called out, was summoned by proclamation to present himself for duty, on pain of being declared a deserter. Knowledge of the proclamation reached him at Pittsburg. He did not respond, but appears then or afterwards to have determined to become a naturalized citizen, which he did at Cleveland, Ohio, in June, 1874. In the following September he returned to Germany, where he was arrested and condemned to a year's imprisonment for desertion. On his trial he admitted that he intended to remain in Germany indefinitely, and had no intention of living permanently in the United States, and the circumstances indicated that his object in becoming naturalized in the United States was to gain protection against prosecution for failing to obey the summons of 1870 when he should return to Germany. The German Government took the ground not only that his admission or declaration of a want of intent to return to America operated as a renunciation of his naturalization, but also, though less clearly, that he was not entitled to the benefit of the provisions of the treaty of 1868 against prosecution for offences occurring after emigration. In reporting the case to the Department of State, Mr. Davis, who was minister to Germany, expressed the opinion that, during the three years in which the German may be in active service, his departure might properly be held to render him liable to punishment for desertion, and that a similar rule might apply where the reserves were actually called out; but that in time of peace, when the reserves were not on duty, the members were free to emigrate to the United States. Mr. Fish, after an examination of the correspondence leading up to the treaty, of the debates in the diet, and of the circulars of the ministers of justice and of the interior of July 5 and 6, 1868, expressed the conclusion that a person "having served the required three years and being placed on the reserve rolls, having emigrated in time of peace, when no exist ing obligation to perform military service existed, and having become naturalized in good faith after a residence of five years, and who, although temporarily in Germany, intends in good faith to return and reside in the United States, appears to be secured by the terms of the treaty from punishment for a failure to perform military service when the obligation arises after his emigration." It was true, said Mr. Fish, that Mumbour's leave of absence was for a limited time; but the time was a long one, and the leave was given with intent to allow him to go out of the country. "I have not inquired," observed Mr. Fish, "whether it be provided by German law that a failure to return could under any circumstances relate back and constitute a technical offense at the date leave was obtained. Even if such were true, the treaty fairly contemplates an offence occurring actually, not technically, prior to emigration. Mumbour's resolution not to return and to become naturalized is said to have been taken only in the summer of 1870." In conclusion, however, Mr. Fish said: "Under such circumstances this is an unfortunate case for the presentation of a principle, or in which to hope for advantage from further discussion. As Arndt's case was decided differently, the circumstances of bad faith surrounding this case have not improbably caused the decision. I am, therefore, of opinion that it is not advis able to make Mumbour's a test case, or to assume that in future a similar decision will be made; but it seems to me better, in communicating with the foreign office, to refer to the circumstances which surround the case, and, while regretting the decision, to ascribe it to these surroundings and decline to believe that the German authorities will follow it in future." Mr. Fish, Sec. of State, to Mr. Davis, min. to Germany, No. 111, July 21, 1875, MS. Inst. Germany, XVI. 76. "So far as the knowledge of this Department extends, the effective working of the treaty during the ten years and more of its existence has not proved a hardship to bona fide naturalized citizens whose departure from their native land has not been marked by any violation of law, and whose return to Germany has been orderly and for private ends of business or pleasure. In contrary cases it is hardly to be expected that any reciprocal agreement acceptable to both nations would absolutely secure a returning naturalized citizen from the consequences of a punishable act committed on German territory, either prior to his expatriation or subsequent to his return." Mr. Evarts, Sec. of State, to Mr. Williams, of the House Committee on "As a general rule, naturalized citizens of the United States of America of German birth are protected by their American citizenship from liability to service in the German army when they temporarily revisit that country. The exceptions to that rule are those arising under the second article of the naturalization treaty between the United States of America and Germany; as, for example, when a man has emigrated while in actual service (desertion) or when enrolled for duty and awaiting a call to service; or if, after attaining the age fixed by German law for military service, he is guilty of some act or omission with the design of evading such service. "It is impossible for this Department to say in advance what molestation naturalized American citizens of German birth may meet with from the authorities of Germany by reason of questions arising as to their liability to military duty there. In case of arrest, however, they may be assured of all proper protection from this Government and its representatives." Mr. Blaine, Sec. of State, to Mr. Lang, April 7, 1881, 137 MS. Dom. Let. 74. "In the cases which have hitherto arisen [of German subjects naturalized in the United States] the payment of the fine has generally been the only penalty exacted from a German evading military service and becoming naturalized in this country. Such fines, however, have as a general rule been remitted in cases where application has been made to that effect by this Government. It is only in extreme cases of actual desertion that military service is exacted.” Mr. Frelinghuysen, Sec. of State, to Mr. Wilson, Feb. 19, 1885, 154 MS. "If the man in question [who emigrated from Germany after reaching military age, but before being actually put into the army] does not return to Germany he will undoubtedly be fined for absence from his country at the military age, and if the fine is not paid an injunction or attachment would, in the ordinary course of law, be put on his property, or his share of his parents' property which is fixed by law. If he does not at present return to Germany, the fine will eventually (7 years) expire by limitation, but in the meantime the property can not be divided. His right to his inheritance would not be absolutely forfeited, according to the understanding which this Department has of the German law." Mr. Bayard, Sec. of State, to Mr. Endicott, May 22, 1885, 155 MS. Dom. "Your letter of the 10th ultimo, stating that you left Germany in 1880; that you have purchased land in Washington Territory; that |