Year: 1876

EIGN AFFAIRS ON THE PROPOSITION FOR IT'S
TERM1NArIoN-THE BENEFICIAL EFFEcTs OF
IKE TREATY PORTRAYED.


The following report OF the Committee on Foreign
Affairs prepared by Mr.. c. J. Faulkner, adverse to a
proposal give notice OF the termination Of the treaty
naturalization negotiated with the German govern
ment by Mr. Bancroft is Of interest TO all adopted ct
fhe committee it will be seen, declare that the
treaty works well and literally construed by
the German government in favor OF American citizens.
The treaty 1875 and it will be that the
committee oppose its repeal


If the object this proposed notice terminate the
treaty with the North German Coneaeraton of tho I'D
OF February, 1868 founded upon the idea that the
condition OF our German naturazed citizens was better
before the formation of that treaty than II has been
since its ratification by the two governments we think
with the facts they existed prior to 1868
aud since that period know that such is
not the Before tho existence Of that
treaty constant difficulties between the two
tries growing out OF return OF the nauralzed German
citizen to the land of his BIRTH and every OF
diplomatic correspondence shows how continually
representatives abroad called upon protect the
rights of this class of fellow citizens Great delays
( aud dficulttes we're encountered ia the yindI-
| cation of their rights and frequently the
| peace and good understanding between the two
| governments imperilled by their rigid ad-
| herence to their own views OF the obligations
venience great loss of tme interruption OF business
heavy fines, burdensome costs and sometimes imprson
ment the fate of many before their rights were
|
stance have ever learned that any compensation
indemnity accorded by the foreign government
demanded by own for the cost privaton and suf-
ferng encountered by fellow citizens the vndi-
cation of their rights Emigration itself, under many
circumstances was treated an offence punishable by
| their laws.


Much OF this evil has ceased exist the forma
tion OF the treaty in 1868 The treaty has been carried
out by the German government with honor and good
faith. The natural right of immigration affirmed by
that treaty with all the consequences Of acknowledging
that right have been fully recognized; the utmost
caution has been observed all proceedings involving
the rights nauralized citizen; prompt nvestga
ton has been made into acs and justice accord
ing to the views of there expedi
tiously administered It's benedcent effect was imme
datey in the remission OF penal sentences against
many OF our fellow citizens, too numerous TO DO men,
toned by Minister in detail 1t is probable that not
single of any hardship involving the rights of
nauralized citizen since the adoption OF this treaty
would have occurred had not been for the extent TO
which our laws OF naturalization have been abused by
persons for the most selfish and unustihabe purposes
II is well known that there very considerable class
| OF naturaliZed citizens residing IN Germany who
sought American citizenship for the sole purpose
of avoiding the duties of citizenship in their native
country, and, having acquired it, have returned TO
their native land without any intention OF residing
again in America of performing any Of the duties of
citizenship here.


The ''Almanach de Gotnan for the year 1875 gives
the number OF citizens of the United States residing
Germany and counted among It's permanent population
10 69S. decided majority of these naturalized
citizens. 1t estimated that the number of Amer-
cans annually arriving from tho United States the
| German Empire amounts TO Is, 900, OF whom about
I3 600 return in the same season leaving about 500
| as sojourning temporarily abiding in the
country and about 500 added to the class
OF those whose residence seems to bo indeh-
mite. Under the operation OF this state OF
things there large and steadily increasing colonies
Americans scattered throughout the German Empire
| Native born Americans form only comparatively
small portion Of the citizens of the United States
permanently residing in Germany. IL Is estimated
that least threeiouths OF the number persons OF
German birth who have been nauraized in the United
States and have returned 70 Germany 70 reside and
yet, great as is the number Of naturalzed citi-
male population under forty-three in arms,
either actively constructively, with the natural
jealousy excited against those who claim exemption
from military service by virtue OF their naturalization
as American citizens, with the frauds known to exist
frequently in obtaining this means OF exemption but
thirty five have been brought the notice OF
diplomatic representatives since the formation OF the
! treaty in which the military authorities have oues-
tiored the status any of them of these three
only have been decided adversely by the German
authorities and they upon principles or facts the force
and justice of which our Minister could not question.


SO sound and unassaabe the principles inc0r-
porated into this treaty that II would be difficult to
conjecture any possible ground OF objection to II unless
IL be that provision which having declared that ifaGer
man naturazcd IN America renews his residence in
Germany without the intent to return 10 America he
shall be held 10 have renounced his naturalization IN
the United states, and also declares that the intent not
return may be held 10 exist when the person natural


lied resides than years in the country of his
birth The original phraseology OF this treaty used the
word shall but at the instance OF Minister the
word 'may" substituted, as II now stands the
two years residence affords only presumptive evidence
OF an intention not 10 return which may be rebutted
by facts and circumstances.


Your committee see no objection to this provision,
which has been alike inserted into all OF nine
other naturalization treaties II is intended to guard
against the gross abuse OF American cit
izenshp, OF which Germany especially affords
so many examples This citizenship Is
purpose of enjoying the blessings Of government
and contributing TO the advancement Of our country,
but as a preext to enable them TO escape
their obligations both the country Of their
birth and the country OF their adoption IL has been
found necessary therefore, TO nx some period
that will test the intent OF such persons
Two years has been axed upon as proper
time 10 determine that question, but under
treaty that period Of time Is only presumpve and
may be rebutted by showing that that longer resi-
oence honest and bona de and consistent with the
intent return the country Of their adoption The
right growing OF this particular provision OF the
treaty been exercised with remarkable decacy by
the Gcrmaa government and when the residence OF a
naturalized German exceeds two years be Is called
upon for explanation OF that fact and II tho expa-
nation Is satisfactory and consistent with the facts
he is ordinarily left undisturbed That some
such provision should exist IN the treaty just TO
selves and Just to the German government Ameri-
citizenship should be too highly valued TO permit
II to become the mere instrument OF fraud and i'm
posture.


sion that It would not be expcdicnt to terminate a
treaty which has placed the rights OF naturazed
fellow citizens upon urn and secure basis aud which
has been followed by such beneficial consequences
II the object OF this proposed notice Is simply TO
stimulate our government TO ask revision
OF that treaty; 10 have IL extended to tho
entire German Empire, including Alsace and Lorraine
TO define with more precision some Of the points OF
controversy touching subjects Of expariaon, natural
ization and nationality; 20 Incorporate some
provisions that subsequent experience has introduced
into that subject the resolution OF
inquiry addressed 10 us rs unobectonabc and perhaps
worthy Of commendation. These points have already


attracted the attention OF the present Secretary Of State
been the subject OF able communication by
him TO our Minister Berlin. Fortunately none
Of the antiquities omissions in the present treaty
have been the OF any practical evil whatever
THIS NAV be ascribed to the liberal and enlightened
spirit which this treaty has been construed by tho
German authorities and TO the sincere feeling which
they have manifested OF cuvating the most friendly
and harmonious relations with our government
We therefore think u better to leave this aspect
OF the subject In the care OF the state Department
where II properly belongs, entertaining doubt that
the German government Will act In the enligh
spirit upon any amendment 10 the treaty In which u
originally concurred and which so far the rights OF
our citizens are concerned, u has been wisely and
favorably construed This treaty admits In the broad
est terms the natural right Of expatriaton doctrine
never before conceded by the German government II
conceaes he free right OF emigration and the absolute