Hamilton Fish to Edwards Pierrepont , Attorney-General, June 9, 1875

Mr. Fish to Mr. Pierrepont.

Sir: I have the honor to submit the following facts for your consideration and opinion:

One A. Steinkauler, a Prussian subject by birth, emigrated to the United States in 1848, and became naturalized in this country in 1854. In 1855, a son was born to him at Saint Louis, Mo. Mr. Steinkauler returned in 1859 with this infant son, and the remainder of his family, to Germany, and became domiciled at Wiesbaden, in Nassau, where they have all continuously resided from that time. In 1836, Nassau became incorporated into the North German Confederation. In 1888, the treaty of naturalization with North Germany was concluded, article 4 of which provides as follows: “If a German, naturalized in America, renews 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.* * * The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country.”

Mr. Steinkauler, having continuously resided at Wiesbaden since 1859, admits that, under the operation of article 4 of this treaty, he may be held to have abandoned his naturalization in this country.

His son, born in Saint Louis, has now reached the age of twenty years, and has lately been called upon to report for military duty by the authorities of Germany. Mr. Steinkauler thereupon invoked the intervention of the legation of the United States at Berlin, on the ground that he is a native-born American citizen.

To an inquiry by Mr. Davis, our minister at Berlin, whether the son would give an assurance of intention to return to this country, within some reasonable period to be fixed by himself, and to reside here, and assume his duties as a citizen, the father, on his behalf, declined to give any such assurance.

I have the honor to request your opinion upon this state of facts, whether this son of Mr. Steinkauler, who is still a minor, is to be deemed a citizen of the United States, entitled to the intervention of this Government on his behalf with the government of Germany, or whether, by reason of his minority, his citizenship follows that of his father, who has now admittedly acquired the character of a German subject, or whether in any way, by reason of continued residence or absence of intent to return to the United States or otherwise, he has become expatriated or lost his character of a citizen of the United States.

I have the honor to be, sir, your obedient servant,