Speech #440012246

And. besides. we argued this new principle to some disadvantage in Prussia. when her statesmen and jurists could refer to the opposite doctrine as anuounced in the capital of her own empire by our Government through two of our own most learned and distinguished representatives. Let me now for a moment refer to the Prussian doctrine to which that government adhered with such inflexible tenacity up to the formation of that treaty which it is now sought shall be set aside. The constitutioial charter of Prussia acknowledged the right of emigration. but it did so subject to one important qualification. It held that every male child in the kingdom was born with the obligation impressed upon him of performing military service within certain ages. and that any one. no matter what his age. who emigrated without the authority of the government. and up to the period when military service was no longer exacted of him. violated their fundamental law. and did not cease to be a Prussian subject. no matter to what country he emigrated. nor with what solemnity he attempted to change his nationality by naturalization . and that upon his return to their country he was to be treated as a deserter or refractory. and either fined or imprisoned. or made to serve in the army the period he had evaded by emigration. Such was the rigorous and unbending character of Prussian law. such were the doctrines tenaciously. persistently. and obstinately adhered to by that government. which our representative abroad had to encounter prior to the treaty of 1868. Is it surprising. under such circumstances. with the annually increasing German emigration.and the natural return of so many to the land of their birth. that difficulties should be continually occurring I Can Mr. Bancroft. our then minister. be charged with any exaggeration when in his dispatches to our Government he so painfully describes the condition of the German naturalized citizen? Is it surprising that he was constantly receivig letters from our adopted citizens asking him to procure special permission for them to return to their native land and visit a dying father or a dying mother t Is it surprising that many an aged father or mother would journey to the frontier of some adjoining nation to visit a returning son who dared not risk himself within the limits of Prussia? Sir. this state of things was becoming intolerable. It at length attracted the attention of that eminent and sagacious statesman Count Bismarck when he became minister of foreign affairs in 1865. He very clearly perceived that harmony between the two governments could not be preserved amid this constant conflict between Prussian law and the immunity which we claim for our naturalized citizen under this advanced doctrine of Secretary Cass. He saw that any change in the Prussian law. by any legislative ordinance. was utterly impracticable. Not only was that law the basis of its military system. but there existed everywhere throughout the kingdom an unconquerable jealousy of those who sought exemption from the prescribed military service of the country by virtue of their American naturalization. It was to his great and practical mind that we are indebted for the suggestion of a treaty as the only remedy that would obviate the existing evil. He prepared the projet of a treaty. which. although very liberal when compared with the law as it then stood. was not so liberal as the treaty three years afterward negotiated by Mr.