Mr. Conger to Mr.
Hay.
Legation of the United States,
Pekin, February 15,
1902.
No. 919.]
Sir: I have the honor to inclose to you
herewith copies of correspondence with Consul Ragsdale, of Tientsin,
upon the subject of the citizenship of H. Krippendorf, who has been
arrested by the German consul at Tientsin on a charge of embezzlement
while a resident of Germany, and to be, etc.,
[Inclosure 1.]
Mr. Ragsdale to
Mr. Conger.
United States Consulate,
Tientsin, China, February 13, 1902.
No. 223.]
Sir: I have the honor to report that one H.
Krippendorf, who arrived in Tientsin about one year ago, has been
arrested by the German consul here on a charge of embezzlement while
a resident of Germany. He left that country for the United States
and took out, a year or more ago, his first papers necessary to
become a citizen, but before the expiration of the five years’
residence necessary to final declaration he came to China. He was an
agent for a bicycle company, and on retiring a shortage in his
accounts was discovered. This shortage was made good by his wife,
and the arrest is now believed by him to have been brought about
through spite-work of a personal enemy. Under the circumstances,
should I offer any intervention? Please answer by telegraph on
receipt of this dispatch.
I am, etc.,
James W. Ragsdale, Consul.
[Inclosure 2.]
Mr. Conger to
Mr. Ragsdale.
Legation of the United States,
Peking, February 15, 1902.
Con., No. 1332.]
Sir: I have to acknowledge the receipt of
your dispatch No. 223 of the 13th instant, reporting that one H.
Krippendorf has been arrested by the German cousul at Tientsin on
the charge of embezzlement while a resident of Germany; that Mr.
Krippendorf left Germany for the United States and, a year or more
ago, took out his first papers necessary to become a citizen; that
before the expiration of the five years’ residence necessary to
final declaration he came to China.
You inquire whether, under the circumstances, you should offer any
intervention.
[Page 222]
You should not. Mr. Krippendorf’s declaration of intention to become
a citizen of the United States neither effected his naturalization
as a citizen of the United States nor his expatriation as a German
subject. He could only become a citizen of the United States after a
five years’ residence in the United States and upon his taking the
required oath of allegiance thereto and renouncing his German
allegiance. (Rev. Stats., sec. 2165.)
“The declaration of intention is not a renunciation of, but merely
the expression of a purpose to renounce, the declarant’s original
allegiance. The actual renunciation is not effected until the
applicant is subsequently admitted to citizenship. * * * Where a
person after making a declaration of intention, instead of remaining
in the United States and becoming duly naturalized, abandons the
country and remains abroad, it must be inferred that he has also
abandoned his intention. * * * To say that such a person is entitled
to the protection of the United States is merely to set aside the
statutes and discard citizenship altogether as a test of the right
to claim protection.” (Mr. Blaine to Mr. Hicks, Gylling’s case; United States Foreign Relations, 1890,
p. 695.)
I confirm my telegram of this date, as follows: “Do not interfere in
the Krippendorf case.”
I am, etc.,
[Inclosure 3.]
Mr. Ragsdale to
Mr. Conger.
United States Consulate,
Tientsin, China, February 15, 1902.
No. 224.]
Sir: I have the honor to confirm your
telegram of this date with reference to the arrest of Krippendorf by
the German consul. It is unnecessary for me to say that I felt that
intervention should not be made, but the German consul had serious
doubts about the matter and desired me to place the matter before
you before transporting the prisoner.
I am, etc.,
James W. Ragsdale, Consul.
