Speech #440012246

Mr. Speaker. some widespread error must be pervading the minds of the German population of this country. if there be any prejidice against this treaty. It seems to me that every German naturalized citizen in this corntry should rejoice in the existence of such a compact as that which now exists between this country and the country of his birth. I am unable to comprehend how aiiy German subject emigrating to this country. and desiring honestly and bonafide to become one of our citizens. and to enjoy the advantage of revisiting his native country for temporary purposes. can be opposed to this treaty. But I can well imagine how those. who emigrate here for the false and fraudulent purpose of acquiring our citizeiship. and theu to return to their native country with a view to their permanent residence there. thus evading the obligations which they owe both to thdlr native and adopted country. should find fault with its prov isions. It is not in the power of any gentleman to place me in any attitude of hostility or even of indifference to the rights of our naturalized citizens. I represent a large German element in my constituency. I have no fear that they will misunderstand my course on this subject. This is not the first time that I have stood forward to vindicate the rights of our naturalized citizens. When I arrived in Paris in the early part of 1860 that subject was engaging the earnest consideration of our own and the imperial government. Two or three arrests were made of naturalized American citizens of French birth-. and I was called upon to open a correspondence with the imperial government which continued for nearly a year. and which resulted. not only in the release from military service of all the persons arrested. lut in the perfect and absolute vindication of the principles and policy of our Government. not only in the courts. but in all the administrative departments of the government. The President of the United States. in his message of December 3. 1860. brought this fact to the notice of the country and of the world. and I believe tie rights of American citizens have been as sacredly observed in that country since that day as if they had been secured by a treaty. which at that early day I proposed to negotiate. but in which measure I received no eneouragement from the then Secretary of State. I thought then. as I think now. that the rights of our naturalized citizens in foreign countries can best be protected by treaty obligations. and if France. by the liberal and enlightened course which she has pursued upon that subject. is any exception to this general rule. certainly the history of this question in Germany before the ratification of the present treaty can give no assurance that Germany would have proved a like exception to the rule. An opinion has been expressed that the condition of the naturalized citizeu in Germany was better before than since the ratifieation of this treaty. This to my mind is a most extraordinary assertion. The Prussian law of emigration at that time in force of itself renders such a fact impossible. Our entire diplomatic correspondence from 1858. when that subject began to engage the special attention of the two governments. up to 1863. when the treaty was ratified. shows the reverse. During that entire period of ten years the time and labor of our minister at Berlin were almost exclusively occupied in interceding and negotiating with the Prussian government for the relief of our suffering fellowcitizens. Arrests were continually oeurring. the grossest indignities were at times heaped on taese victims of military oppression. they were forcibly put into the army and compelled to serve one. two. and even three years before the importunities of our minister could obtain their release: and when granted it was granted as a favor and royal concession. not as a surrender to the just demands of our Government. Sir. it is difficult to estimate and appreciate the brilliant diplomatio triumph achieved by our Government in the accomplishment of this treaty. unless we refer to the national doctrines held at that time. not only iu Prussia but in our own country. for let it be remembered. that it was not until five months after the negotiation of this treaty with the North German Confederation that Congress. for the first time in its history. declared the right of expatriation to be a fundamental principle of this Government and announced to the world its determination to protect all naturalized citizens of the United States while in foreign stOates. whether that foreign state was the land of their birth or some third power. What was the recognized American doctrine prior. certainly. to 1860? It was that. if a foreigner naturalized in this country returned to the land of his birth. he thereby forfeited the protection of this Government and became as subject to all the demands of his native government upon him as if lie had never emigrated and never been naturalized in this country. This doctrine is so repugnant to our present ideas of an acquired nationality under the Constitution and laws of our country. it is so irreconcilable with our advanced ideas of the rights of emigration and expatriation. that I feel in announcing such a proposition 1 should sustain it by some high authority. All here are familiar with the name of Henry Wheaton. the distinguished writer upon international law. whose works have been translated into every language of Europe. adopted as a textbook in our colleges and universities. and recognized as a standard of authority by statesmen and diplomatists throughout the world. In 1840 he was the minister of the.United States to the court of Berlin. In that year he was applied to for his official interference on behalf of one Johann Knock. a Prussian by birth. who at the age of twentyone had emigrated to the United States and become naturalized here. but having returned to Prussia had been required to do military duty as a Prussian subject. To his application for relief Mr. Wheaton replied as follows: It is not in my power to interfere in the manner you desire. Had yon remained in the United States or visited any ther foreign country (except Prussia on your lawful iusiness. von would have hoon preotetd by the Amemean athorities. at home and abroatf. in the enjoyment of all your rights and privileges as a natural. ized citizen of the United States. But having returned to the country of your birth. your naie dosmcit and natural charater revert(so long as you remain iii the Prussian dominions) and you are bound in all respects to obey the laws exactly as if you had never emigrated. In like manner. in 1852. the application of a Dr. Cutowski for the intervention of the American minister to protect from military service was rejected On the ground that. as he had voluntarily returned to the country of his birth. the Prussian government had a right to regard him as a subject and so to treat him in all respects.