No. 236.
Mr. Davis
to Mr. Fish.
Berlin, November 2, 1874. (Received November 18.)
Sir: In reply to a request of the Department for information, my predecessor wrote to you last year that it appeared from official returns that there were in Germany in December, 1871, fourteen thousand two hundred and sixty-three Americans, and that he estimated the number of those whose residence in Germany had been of a long continuance, or seemed to be indefinite in its intended duration, at about ten thousand.
He also stated that he estimated the number of Americans annually arriving from the United States in the German empire at about fifteen thousand, of whom about thirteen thousand return in the same season, leaving, perhaps, about fifteen hundred as sojourning or temporarily abiding in the country, and about five hundred added to the class of those whose residence seems to be indefinite.
Under the operation of the state of things so correctly described by Mr. Bancroft, there are large and steadily-increasing colonies of Americans scattered throughout the German empire. Whole families live here for years, drawing their means of support from American investments, educating their children in German ideas, and spending here the income which otherwise would go to enrich the United States. The evil is not without great counterbalancing advantages: but whether the preponderating effect be for good or for ill, it is not probable that the fact itself will be changed, until America shall offer as cheap education, as reasonable cost of living, and as agreeable amusements to idlers and pleasure-seekers as Europe affords.
Many families come here solely for the purpose of educating their children. Dresden, Munich, Heidelberg, and Stuttgart have been favorite centers for those who come with such objects. There are quite large colonies of Americans in each, of these towns; probably more native-born citizens than anywhere else in Germany.
But the native-born Americans form only a comparatively small portion of the citizens of the United States permanently or indefinitely residing in Germany.
It is estimated that at least three-quarters of the number are persons of German birth, who have been naturalized in the United States, and have returned to Germany to reside.
Of this great number, some are here on short visits to their friends and [Page 486] relations; and many are here for an indefinite time, either engaged in business or residing here for the purpose of educating their children, or staying here for their pleasure; but in all cases, with a purpose at some future time, as yet uncertain, of returning to America, and of resuming their citizenship there. The intercourse of such naturalized American citizens with their former fellow-countrymen cannot but have a good influence. On the one hand, it informs those who are disposed to emigrate of the great advantages which the United States hold cut to the industrious emigrant; and, on the other hand, it makes those who remain Germans better informed respecting the many ties of blood as well as the extended community of interest which now unite the people of the United States with the people of Germany. I do not undervalue the influences which thus tend to increase and cement a good understanding between the two powers. Nevertheless, alter giving the fullest weight to these considerations, it must be regarded as for the interest of the United States that the residence of its citizens abroad should not be unreasonably prolonged, but that it should itself have the benefit of the products of their labor and of the expenditure of their revenues. The naturalization treaties seem to regard two years as a reasonable time within which a return to America may be expected, and that a further residence may be subject to be inquired into.
There is still another class of naturalized citizens residing in Germany, not so numerous as the others, but by no means insignificant, who have sought American citizenship solely for the purpose of avoiding the duties of citizenship here, and, having acquired it, have returned here without any intention of residing again in America, or of performing any of the duties of citizenship there.
* * * * * * *
The position of the German emigrant, naturalized in good faith, who returns here, and who dwells here temporarily, but without an intent to remain permanently, is materially affected to his disadvantage by the odium caused by such cases as I have described. The very stringent Jaws respecting military service in Germany are about to be made still more stringent. The authorities to whom their execution is intrusted look not unnaturally with suspicion upon every person of German birth, of the requisite age for military service, whom they see residing in Germany as a citizen, with no apparent purpose of leaving it, and yet claiming exemption as a foreigner from duties required of Germans by German laws.* * * The military authorities have not up to this time been disposed to enforce the laws with undue precipitancy; but that they are acting with more vigilance than formerly the several cases which I have already reported to the Department show.
No effort will be spared to make this legation offer a complete protection to every naturalized German citizen who is remaining temporarily in Germany with the intent to return to America. I should hope that there will be no disposition in the imperial government to make this a difficult task. As yet, I have seen none. It is to be remembered, however, that Congress has declared in a statute the right of all persons to expatriate themselves, and to electa new nationality; and that the naturalization treaties with the German powers have provided that this right may be regarded as exercised by a German who has been naturalized in the United States, when he returns to the land of his nativity, and dwells there for two years. The treaties do not provide that such a residence shall work an expatriation, and I understand that both governments are a greed-that the imperial government is not by an ex-parte decision to determine that the facts in any particular [Page 487] case constitute such an expatriation, without affording to the United States an opportunity to inquire into them.
Nevertheless, after all, it remains, with the best intentions on the part of the imperial government, that frauds are committed upon it, and that this legation is invited by cunningly arranged statements to further them, and that it is not always easy to get at the truth in cases arising in distant parts of the empire.
It will be for the Department, to which the subject is now respectfully referred, to decide whether by rules and regulations for the conduct of this legation, or by provisions for the registration of citizens, or by an attempt to secure legislation, or in any other manner, it is feasible to do anything to make more secure the position of our naturalized fellow-countrymen returning in good faith temporarily to the land of their birth.
The subject is, I believe, already before the present Congress on the invitation of the President. Perhaps that body may be able to supplement its declaration respecting the right of expatriation by provisions concerning the exercise of that right, and may thus aid the several legations in sifting out the various cases of American citizenship assumed for fraudulent purposes, and in giving to bona-fide naturalized citizens protection, not only against improper claims to their military services, on the part of their old governments, but also against the doubts and suspicions engendered by the conduct of others for which they are not responsible, and over which they have no control.
I have, &c.,