The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-07-19
Monday. July ~. 1875.
The Schumacher Case,


discreditable it appears TO be to the ad-
more dangerous to the rights of American
citizens. As there is no subject Of greater
importance to our foreign born citizens
than a clear understanding of the value to
them of the American citizenship which
they have acquired, it is we'll that it should
be plainly known by all such citizens that
President Grant and his administration
have done their best or their worst to re-
duce this value to the lowest possible point
in the case of all that. great multitude OF
American citizens who happen to have
been bornin North Germany.
The case of Steinkauler itself is very
simple one, though it touches very COM
pick and cloudy questions. Steinkauler
was born in st. Louis in 1855, the son OF
naturalized American citizen. There can
be no sort Of doubt therefore that he is
just as completely an American citizen as
the Attorney General himself, and that he
cannot possibly divest himself of his citi-
zenship until he attalns his majority.
There is no law of the United States un-
"der which his father, says Mr.. Pierrepont,
or any other person can deprive him of
his birthright. He can return to America
at the age Of twenty one, and in due time,
"if the people elect, he can become Presi-
dent Of the United States" Steinkauler
was carried by his father to Germany
when child Of four years of age. He is
now twenty, aud the North German Gov
eminent claims the right to compel
him to enter the military service of
the German Empire. If this claim is con-
ceded, young Steinkauler becomes Ger
man soldier for ut least three years. In
other words, if the claim IF the German
government is conceded, an American ctr
zen Of the age Of twenty-one years will be
violently prevented from returning to the
United States, and compelled for at least
two years to render military service to a
foreign state. And this is the case In
which President Grants attorney general
quietly says that he secs no occasion for
reference on the part of American goY-
"ernment" In what case would he see
such an occasion? Mr. Attorney General
Pierrepont assumes that Steinkauler the
father renounced his own American citizen.
ship on returning to reside in Germany,
and therefore that his minor son may be
taken to be in o manner German subject
during his minority" To support this
decidedly muddled view of the younger
Steinkauler's status. Mr.. Pierrepont cites
the great authority of the present Lord
"Chief. Justice of England" But the au-
thority which he cites tells fatty against
him. The Lord Chief. Justice says that
minor children should be deemed TO be-
citizens OF the country in which their faith
or has acquired new nationality subse.
queDtly to their birth, in the absence OF
any declarations to the contrary" Now il
this case the father Of young Steinkauler
it happens, did make very plain ''declar
alton to the contrary" He distinctly
claimed for his son, being still a minor AND
incapable himself of making the claim, hi:
right as an American citizen to the protec
ton of the American Minister at Berlin
When such claim was made the duty
Of the American Minister plainly was t
ascertain the facts of the minors birth il
the United States and of his father:
naturalization here before his birth. Thes
having been ascertained, he had nothing
ment should withhold its hands from tn
young man until the age had arrived a
which he could lawfully and eficientl
elect his own nationality. Instead of doin
this the American Minister at Berlin shirke
his responsibility upon the home govern
ment, and President Grants attorney
general now responds that he sees 'in tn
ease presented no occasion for interior
''ence on the part of the American Coy
''ernmeDtl" Ii this be not cringing d.
cision it is very stupid decision; and tn
Administration may take its choice.
But this is not all. There is nothing
the case as made up and published by Nj
Attorney General Pierrepont to show thu
the elder Steinkauler has ever renounce
his own citizenship as an American. 1t
only stated that he became "domiciled'
Wiesbaden, in the Duchy Of Nassau, abol
1860, and has since resided there continl
ously. The Duchy of Nassau, was forcib
incorporated with the North German Coz
federation in 1866 and the claim on tn
services of young Steinkauler is made no
by the North German government, an
conceded now by President Grants COVER
ment, on the theory that Steinkauler, Il
father, has become North German citize
in virtue Of the fourth article of the trea
negotiated with the North German Go
eminent by Mr.. Bancroft in 1868. Tn
article reads as follows:
~. If German naturalized in Anne
lea renews his residence in North &c
many without the intent to return
America be shall be held to have r
''nounced his naturalization. IT
intent not to return may be held to exl
when the person naturaliZed in the OF
country resides more than two years
the other"
This disgraceful article makes part of
treaty designed by George Bancroft {
behalf Of the United States on the 22d
February, 1868. The day was well chos,
tor the deed, was it notP
But as Mr.. Steinkauler renewed h
residence" not in North Germany" b
in Nassau, in the year 1860, six years
fore the North Germany" Of the trea
of 1868 existed, and eight years befo
that treaty was framed, the provisions
this article could have no application
his case. If he was an American citize
residing in Wiesbaden, when Nassau b
came North German in 1866, the treat
of 1868 touched him not to rob him of his ci
izenship, For there is but one article of tn
treaty which possesses retroactive effeC
by an express understanding between Il
two governments This is not the four
but the first article, which binds the Nor
German government to treat as Amer
can citizens Of the North German confe
"eration who become naturalized citizel
''of the United States and reside uninte
"ruptedly within the United States f
five years." So Indifferent was our u
worthy envoy to the rights of Americi
citizens that when he drew up his trea
and signed it, he left this article, like ;
the others, TO be interpreted as OPERATE
only in the future When the treaty eau
before the senate in March, it was seen
once that Mr.. Bancroft had made no provisi
whatever IN nrotect Germans nafrralized