Sargent to Count Hatzfeldt, June 16, 1882

Mr. Sargent to Count Hatzfeldt.

The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, has the honor to acknowledge the receipt of the esteemed communication of his excellency Count Hatzfeldt, provisional secretary of state for foreign affairs, dated June 5, 1882, and is gratified to learn therefrom that the appropriate authorities have been instructed to abstain from measures of force against the brothers Bernhard and Henry Oppenheimer, at Frankfort-on-the-Main, until the conclusion of the investigation in their cases.

The undersigned also observes the inquiry submitted by his excellency relative to these cases, viz:

“For the purpose of this investigation of the relations as regards nationality of the Oppenheimer brothers, it is requested that information may be kindly furnished as to the point of time from which, from the American point of view, the said brothers are regarded as Americans, and in particular as to whether they have acquired North American nationality through the fact of their birth within the territory of the United States (at Washington, in 1857 and 1859), notwithstanding the circumstance that their father had at that time not yet become a naturalized citizen, or through the naturalization of their father, in 1865.”

The undersigned takes pleasure in complying with the request of his excellency as above quoted, and to state:

1st. That the brothers Oppenheimer were born in the United States of German parents, who emigrated to the United States and became citizens thereof in due course of time, but after the birth and durign the minority of these sons.

By the laws of the United States it is provided that children of persons who have been duly naturalized under its laws, being under the age of twenty-one years at the time of the naturalization of their parents, are citizens of the United States, if dwelling there.

These brothers are such citizens by the fact of the naturalization of their parents, they then being minors and then living with their parents in the United States.

2d. But it may be further stated that the cases of these brothers have other elements for consideration. Having been born in the United States of parents of German origin, they acquired by that fact, even if the parents had never been naturalized, the right of election of either American or German citizenship on arriving at majority, even if in the mean time, while under parental control, they had been removed to Germany.

By applying to the American legation in Germany for passports, and taking the oath of allegiance prescribed for the purpose by American law, these brothers clearly elected to be American citizens, and thus exercised their birthright to be recognized as such, and are entitled to the consideration and protection of the American Government. The exercise of such right of election carried their citizenship, by the well-understood law of relation, back to the dates of their respective births.

The undersigned, while he has thus the honor to furnish the information requested, avails himself of this occasion to renew to his excellency the assurance of his most distinguished consideration.