Sargent to Boisselier, June 23, 1882

Mr. Sargent to Mr. Boisselier.

Sir: Your letter of the 20th instant, inclosing a statement and sight documents relating to the case of your sons, Richard and Casper, is received, and I have carefully examined all the preceding correspondence in the matter.

It belongs to a class of which the legation has many cases in the course of a year, where young men, whose fathers continually reside in Germany, are summoned for military service, and where they fail to appear, and it is shown that they are living elsewhere, the property of the father is attached as security for a fine which has been imposed on the youths. This fine cannot be collected, however, unless the estate is divided, and in case that does not occur, the attachment expires by limitation in about seven years.

Following some suggestions originally made in this case by Mr. Secretary of State Evarts, and which it may be timely to repeat, it may be remarked there might possibly be some reason in the views taken by the German Government, inasmuch as you, the father, have resided in Germany so many years after naturalization as to have incurred the risk, under the Bancroft treaty, of having lost your American nationality, as well as having involved your minor sons in the same loss. You were naturalized in the United States, and after some years’ residence returned to Germany with your infant sons in 1856, and have resided here ever since, viz, twenty-six years. By the treaty it is provided that the German Government may deem the residence of a naturalized citizen for over two years as an abandonment of his American nationality. Thus the treaty says:

“If a German naturalized in America renews his residence in 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 one country resides more than two years in the other.”

Though the German authorities have not taken the ground in your own case that you shall be avowedly a German citizen or leave the country, it is never too late for them to do so, and they would probably take such steps if unnecessarily pressed in the matter. It might also be considered by the American Government that such a lapse of time during which you have personally avoided discharging any obligations of citizenship towards the United States has weakened its interests in and right to claim you as one of its citizens.

In my opinion, the case of your sons is somewhat different. They were born in the United States, have never been German citizens, or sought to become such. While minors, and under parental control they were brought to this country and kept here independently of their own procurement. When they became of age they exercised their right to return to America and to choose American citizenship, and have ever since conducted themselves as such, and in perfect good faith. Their birth in the United States gave them the right to assume American citizenship as soon as emancipated from parental authority, and such assumption carried their citizenship by relation back to the date of their birth.

As regards the special form of the discharge from Prussian allegiance, I would say that this is the only official form the decision could take; just as in the case of unjust or illegal fines paid or levied for neglect of military service, the only efficient discharge is a pardon under the hand of the Emperor, even when the individual is innocent and the authorities culpable. Your sons’ discharges appear to be made out on lithograph forms which were very possibly prepared, for the cases of Schleswig citizens who had availed themselves of their right to give up their Prussian citizenship after the annexation of Schleswig Holstein, and which must be carried out within six months.

It is my opinion that your sons will hear no more in the matter from the authorities, and that their rights and honor as American citizens are in no way compromised by these documents. But, in case they should be in any way again molested, the legation stands willing and ready to use the influence of the American Government for their protection. Your several inclosures as stated are herewith returned; your statement being retained.

I am, &c.,