Mr. Tower to Mr.
Hay.
American Embassy,
Berlin, April 5,
1904.
No. 331.]
Sir: I have the honor to call to your attention
the case of one Emil Vibert, a naturalized American citizen now residing
in New York, who has recently expressed a desire to return to Germany
upon a visit.
It appears that Mr. Vibert was born in St. Quirin, Lorraine, on the 1st
of February, 1874, and emigrated to the United States with his father in
1886, having resided in America ever since. He was naturalized in the
United States district court for the southern district of New York on
the 22d of November, 1895, as is shown by his naturalization
certificate, which was duly presented at this Embassy.
The case was brought to my attention by the United States consul at Kehl
on the 18th of December, 1903, by a letter in which the consul informed
me that Mr. Vibert’s father now resides at St. Quirin, in Lorraine, and
Mr. Vibert “would like to have permission to visit his old home for a
period of six months, namely, from April 1 until September 30,
1904.”
Upon receipt of this letter and upon due proof of the naturalization of
Mr. Vibert, I addressed a note, on the 28th of December, 1903, to the
imperial German ministry for foreign affairs, asking that Mr. Vibert
might be allowed to visit his father, in accordance with his
request.
I have now received a note verbale, under date of the 27th of March,
1904, from the ministry for foreign affairs, a copy and a translation
into English of which are herewith inclosed, in which the ministry
announces that Emil Vibert is still a German subject and was condemned
by the court in Zabern, on the 5th of April, 1897, to pay a fine of 600
marks or to undergo an imprisonment of forty days, with the costs, for
nonperformance of military duty, which sentence has as yet not been
carried out.
Mr. Vibert’s American citizenship is not recognized in Germany, under the
old contention that the treaties with the United States in regard to
naturalization do not apply to the imperial provinces of Alsace and
Lorraine, and therefore the ministry for foreign affairs announces that
as a German subject he does not require permission to return to his own
country, but that if he comes back to his home the sentence now pending
against him will be carried out and he will be forcibly enrolled in the
army.
But the ministry further announces that, in view of the intervention of
the embassy of the United States in behalf of Mr. Vibert, the
authorities of Alsace and Lorraine have declared themselves willing,
upon payment by him of the fine imposed upon him and the costs, to grant
a request, if made by him, for his release from German nationality and
then to give him permission to make a visit to Alsace-Lorraine.
A copy of the entire correspondence relating to this case is herewith
respectfully inclosed.
I have, etc.,
[Page 318]
[Inclosure 1.]
Mr. Brittain to
Mr. Dodge.
American Consulate,
Kehl, December 18,
1903.
Sir: I beg to inclose the citizenship
papers of Emil Vibert, who wishes to return to Germany for the
purpose of a visit.
He would like to have permission to visit his old home for a period
of six months, namely from April 1 until September 30, 1904.
Mr. Vibert went to the United States with his father in 1886, at the
age of 12 years. His father resides now at St. Quirin, Lorraine,
near Saarburg.
I am, etc.,
[Inclosure 2.]
Mr. Dodge to
Mr. Brittain.
American Embassy,
Berlin, December 19,
1903.
Sir: The embassy returns herewith the
naturalization certificate of Emil Vibert, and informs you that it
will take proper action with a view to obtaining the desired
permission for this gentleman if you will submit to it further
details concerning him, and especially the place and date of his
birth, whether he has made former visits to Germany, etc.
I am, etc.,
[Inclosure 3.]
Mr. Brittain to
Mr. Dodge.
American Consulate,
Kehl, December 26,
1903.
Sir: In response to your letter of the 19th
instant I herewith return the citizenship papers of Emil Vibert, and
beg to state that he was born February 1, 1874, and emigrated to the
United States in 1886, and has never returned to Germany.
He was born in St. Quirin, Lorraine, near Saarburg.
I am, etc.,
[Inclosure 4.]
Note verbale from the American Embassy to the Imperial
Ministry for Foreign Affairs.
Berlin, December 28,
1903.
The embassy of the United States of America has the honor to request,
if it be found to be perfectly convenient and proper, that one Emil
Vibert, an American citizen of German origin, may be allowed to
visit his father at his former home at St. Quirin, near Saarburg,
Lorraine, for about six months, namely from April 1 until September
30, 1904.
The embassy is informed that Vibert was born at St. Quirin in 1874,
and emigrated to the United States in 1886, becoming duly
naturalized there an American citizen in the United States district
court for the southern district of New York, November 22, 1895, as
is shown by the naturalization certificate in his possession. Vibert
has not returned to Germany since his emigration, and is at present
in the United States.
[Page 319]
[Inclosure 5.]
Note verbale from the Imperial Ministry for Foreign Affairs to the American Embassy.
In reply to the note verbale of the 28th of December, 1903, the
ministry for foreign affairs has the honor to inform the embassy of
the United States of America that an investigation has shown that
Emil Vibert is still a German subject, and was sentenced, on the 5th
of April, 1897, by the court at Zabern, to pay a fine of 600 marks
or undergo an imprisonment of 40 days and pay the costs. The
sentence has not yet been carried out. As a German subject, Vibert
would not require special permission to visit Alsace-Lorraine; but
if he returned to his native country he would have to submit to the
execution of the sentence pending against him and would be forcibly
enrolled in the army.
In view of the intervention of the embassy of the United States of
America in Vibert’s behalf, the authorities have expressed their
willingness to release him from his German nationality, if he so
desires, upon his paying the fine now outstanding against him and
the costs; and permission will then be granted him to make a visit
in Alsace-Lorraine.
