AUGUSTUS REICHARD, Bergstrasse 16 to Kasson, November 10, 1884

Mr. Reichard to Mr. Kasson.

Sir: As a citizen of the United States, I take the liberty to transmit under cover a letter to the minister of foreign affairs of the Kingdom of Prussia, Berlin, and respectfully to request that the same be forwarded through your kind offices, as in this way said communication will naturally receive a more attentive consideration.

The object of my addressing the Prussian ministry is to ascertain whether the authorities here might possibly look upon my prolonged stay in Germany, on account of ill health, as being in conflict with the Bancroft treaty of 22d February, 1868, so far as my claims to the preservation of my prerogatives as an American citizen are concerned. In said letter I state that I was born in 1820, in the then Kingdom of Hanover, now a Prussian province; that I fulfilled my military obligations in 1840, emigrated to New Orleans in 1844, made my declaration to become an American citizen on 21th January, 1850, and received the certificate of my American citizenship on 4th November, 1853, which certificate is now in my possession. I further state that in 1881 my health became so deplorable that my physicians declared that the only means of saving my life were a radical change of climate, free from the excessive heat of American summers, and a prolonged, use of the mineral waters of Germany. Consequently I settled here in Dresden in the summer of 1881; returned to New Orleans last winter for six months, partly to attend to my business there, partly to ascertain whether my somewhat improved health would withstand the climate. This, as soon as the heat recommenced, was by no means the case, and my physicians declared most emphatically that I must stay away fox several years more. In obtaining my new passport at Washington my attention for the first time was called to the details of the Bancroft treaty, by our Louisiana Senators, Hon. B. F. Jonas and General Randall be Gibson, who advised me to be very careful not to omit anything which might be necessary to avoid being mixed up with the stipulations of Article IV of said treaty, Under these circumstances I thought it advisable to address the Hon. Frederick T. Frelinghuysen and to request to be enlightened on, the following three points, viz:

• On my return to Germany I intend to place on record, with the United States legation at Berlin my, declaration that although the state of my health may necessitate a stay in Germany for more than two years, it is my intention to preserve for myself and children all the prerogatives of citizens of the United States, to which country I shall return as soon as circumstances may permit. Will such proceedings prevent the German, authorities from calling in question nay rights as a citizen of the United States, and those of my children?
• Suppose the above declaration should not have the desired, effect as far as I am personally concerned, could this possibly affect the status of my children (now all minors) as citizens of the United States, where they were all born, the father being a naturalized citizen, the mother a native American; in other words, would the altered state of citizenship of the father forcibly bring about a change of citizenship of his minor children and his native American wife?
• If none of the above joints could be decided in a positive manner, would my return to this country (United States) every two years, for a limited period, remove all doubts and his difficulties.?

In reply I received a letter from the Hon. Frederick T. Frelinghuysen dated 19th March, 1884, which I beg to inclose for perusal; it leaves my position still clouded with doubt. Perhaps the honorable Secretary of State might have been more positive in his reply if I had stated to him, the positive fact that, with the exception of my villa here, which I bought at a very low price from a returning American, my whole fortune is in vested in real estate in Louisiana, which I intend to retain intact, and that, besides, I still own my dwelling-house in New Orleans, with the intention of reoccupying it with my family on our return, I really believe no stronger proof could be given of any intention to return to the United States, and as a matter of course to retain my American citizenship of nearly one-third of a century’s standing.

On my return here I had several conversations on the subject with the United States consul and vice-consul, who are both of the opinion that inasmuch as I had fulfilled my military obligation before emigrating, having been for more than thirty-one years an American citizen, my wife and children being native Americans, and, moreover, my means being all invested in the United, States, from where alone I draw all my income, the Bancroft treaty could find no application to my particular case; and they further state that they know of many similar cases where the individuals have never been troubled by the authorities here. They are decidedly of the opinion that all that is necessary would be to have every two years my passport renewed at the United States legation in Berlin, and they think that perhaps, in order to observe even the very, wording of Article IV of the Bancroft treaty., it might be well every two year to spend a certain time abroad.

This may probably be your opinion likewise, and you may perhaps consider my steps to ascertain the opinion of the Prussian ministry of foreign affairs as altogether unnecessary; yet I thought it might serve to remove all possibility of future difficulties with the authorities here, as also in such cases to avoid a necessitated intervention of the United States legation in the future. I should feel under great obligations if, at a convenient time, you Would kindly do me the favor of transmitting to me the views you entertain respecting my particular case, and

Remain, &c.,