Leonhardt to To all royal courts of appeal, to all royal supreme courts, and to the state attorneys-general in Kiel, Cassel, Wiesbaden, and Frankfort-on-the-Main, July 5, 1868
Circular of Prussian ministers of July, 1868.
circular of the minister of justice.
In concluding the treaty of the 22d of February of this year (Bulletin of the Laws of the Confederation, p. 228) agreed upon between the North German Confederation and the United States of America, respecting the nationality of emigrants, it was the prevailing intention that in conformity to the second article of that treaty the punishment incurred by punishable emigration is not to be brought to execution on occasion of a return of the emigrant to his original country if the returning emigrant has obtained naturalization in the other country in conformity to the first article of said treaty.
In consideration whereof, in every case where legally valid condemnations of this kind exist against such persons, an official report is to be made to the minister of justice respecting the remission of the declared punishments and costs by way of grace; and, in order to shorten and simplify the matter, these recommendations are to be consolidated in a table, if the number of cases is large enough to justify a tabular form of report.
The Minister of Justice:
To all royal courts of appeal, to all royal supreme courts, and to the state attorneys-general in Kiel, Cassel, Wiesbaden, and Frankfort-on-the-Main.
circular of the 6th of july, 1868.
Ministry of the Interior.
In concluding the treaty of the 22d of February of this year (Bulletin of Laws of the Confederation, page 228) between the North German Confederation and the United States of America, it was the prevailing intention, that, in conformity to article 2 of this treaty, the punishable action, committed by the unauthorized emigration of a citizen of the Confederation to the United States of America, should not be made the ground for a penal prosecution upon the return of such person to his former country after absence of not less than five years, and that the punishment for such action, even though already legally declared, should not be consummated if the person has acquired in America the right of citizenship in conformity to article 1 of said treaty.
The royal government is therefore instructed in the cases indicated to abstain from recommending trial and punishment, and in general from every kind of prosecution, whenever the person in question is able to produce the proof that he has become a naturalized citizen of the United States of America, in conformity with the first clause of article 1.
The proper judicial authorities will be furnished by the minister of justice with an instruction in all cases where legal sentences of this kind, against the persons above described, exist, to report officially the remission, by way of grace, of the declared punishments and costs.
For the Minister of the Interior:
To all governments of the monarchy.
I send a copy to your, &c., with the very humble request that you will at once be pleased to provide the bailiwicks with the proper notice. For the Minister of the Interior:
To the chief president at Hanover and to the president of the police here, a copy in like manner for their guidance.