Speech #440012246

Now. sir. what are the principles incorporated into that treaty of 1868 ? It recognizes in the broadest terms the natural right of expatriationa doctrine never before so fully and unconditionally conceded by the German government. It recognizes the free right of emigration aud the absolute discharge of every naturalized citizen from all military service not actually due and required of him by some call or demand of the government upon him prior to his emigration. It secures his safe return to Germany for all temporary pnrposes. with all the rights. privileges. and exemptions that would be accorded to a nativeborn citizen of the United States. The protection which this treaty gives to the naturalized German citizen is of the highest and most solemn character. and gives to him a guarantee from both governments that his rights shall be fully recognized and defended. It follows as a necessary consequence from this treaty obligation that. if from any false information his rights are harshly invaded or his liberty oppressively abridged. he would have a right to demand compensation for such an infraction of the treatya right never before accorded by any government nor claimed by our own. uo matter what may have been the sufferings and privations to which citizens may have beeh exposed. With this brief exposition of the leading characteristics of this treaty. and in the known condition of things existing in the absence of such a treaty. it might well excite surprise that any objection couold exist against it in the mind of the German naturalized citizen. But it is said that the objection to the treaty is to be found in the provision contained in the fourth article. This provides thatIf a German naturalized in Amerilcarenews his residence in North Germany. without the intent to return to America. he shall be held to have renounced his naturalization in the United States. Can there be any wellfounded objection to a provision like this ? Is it not the loial and inevitable conclusion that flows from our own cherished right of expatriation? Shall we claim to extend the protection of our flag and nationality to one who has permanently abandoned our country and virtually renounced all allegiance whatever to our Government ? But it is said that the treaty is harsh in fixing two years as the period from which the renunciation of his adopted citizenship may be inferred. This same period of two years is in six of our other naturalization treaties. and no complaint has beu made fron Denmark. front Sweden and Norway. and Mexico that the time is too short. Two years of continuous residence one might suppose would be long enough for any of the temporary purpoes of business. health. or pleasure. Our forefathers in their legislation more than half acentury ago so thought. for the act of Congress of the 27th of March. 1804. denationalizes any American vessel the owner of which. in whole or in part. if a naturalized citizen. shall reside more tian a year in the country in which he originated. or more than two years in any foreign country. If the terms of the treaty were imperative there might possibly be some ground of complaint. but by the terms of the treaty the two years afford only a presunmption liable to be repelled and rebutted by proper explanations. and iu nothing have the delicacy and good faith of the German government been more apparent than in the execution of this particular provision of the treaty. If the residence of the naturalized German citizen is protracted beyond two years he is liable to be called on for an explanation of that fact. If the explanation presents any reasonable ground for procrastination. if it is consistent with the other general facts of hits residence. if he is remaining there for the benefit of his health. or to close up an inheritance. or for the pnrposes of educating his children. or any other like purpose. honestly disclosed. his explanation is accepted and the matter is ended. but if the facts connected with his continued residence indicate that he is there permanently. and that he has falsely and fraudulently obtained citizenship ia the United States merely to procure exemption from the duties that devolve upon other subjects of the empire. then he is summoned before the proper tribunals of the country. But even then and under such circumstances no right of exclusive decision rests with the German tribunals or with the German government. but the full right of the American Government to intervene. toinvestigate. and to determine the facts of the case for itself is conceded by the German government under the treaty.