complaint on either side during the years that have passed since its
ratification.
  The Prussian government is now inclined to gain the same security
for itself, against fraudulent naturalization, by applying the fourth
article of the naturalization treaty of North Germany to cases of that
kind.
  To a young man from the Rhenish Provinces who applied to me for
protection, with a frank avowal that his only object in retaining his
American citizenship was to escape military duty here, but for which
he should have returned to his allegiance to Prussia, I replied that our
Government could not allow its citizenship to be thus fraudulently used;
and I limited my offer of protection to procuring for him the free right
of returning to the United-States.
  In another case from Alsace there seemed every appearance that our
citizenship had been gained with no other view than to avoid duties of
citizenship in Europe, and I therefore in like manner limited my offer of
interference.
   A third case has come up, where certainly the appearances implied
 that our citizen-papers were abused for the simple purpose of escaping
 military duty here. But this time the government threatened to seize
 the young man and put him into the army. To this I have demurred. It
 seems to me that we can never consent to put such a construction on
 the fourth article as this procedure would imply. I have had repeated
 conversations with Mr. President Delbrilck, and with Mr. Von Biilow,
 the secretary of state, and have taken the ground that the article of
 the treaty cannot be so interpreted. The last half of the fourth article
 is permissive, not mandatory. The words are: "1The intent not to re-
 turn may be held to exist when the person naturalized in the one coun-
 try resides more than two years in the other country." The United
 States secure to themselves by the article the right of avoiding compli-
 cations with the German government in cases where it is plain that the
 naturalized citizen has no just claim to its interference; and in like
 manner, the German government has an acknowledgment of its right to
 look into the circumstances of the case where every appearance implies
 that the naturalization is fraudulent. I have therefore insisted that the
 naturalized American, who has the appearance of having obtained nat-
 uralization solely to escape military service, should have a right to
 establish his sincerity by electing to take up his residence in the United
 States.
 The instance of Mr. Mentheim Cohn, respecting whom I annex a transla-
 tion of a letter from Mr. Von Billow, is the only one in which the claim
 has been put forward of a right to summon at once to military duty a
 person who gives every appearance of having been insincere in his nat-
 uralization. Both the minister for foreign affairs and Mr. Delbriick ap-
 peared to me to accord with me. My interpretation is warranted by
 the constant practice since the treaty was formed, and by the interpre-
 tation of the fourth article in the protocols of every one of the four
 southern states. I may say, in the very case of Mr. Cohn, it has
 received the approbation of the government. I gave him a passport for
 the United States, and, as far as I know, he has not been further inter-
 fered with.
   In this manner I hope that the seeming discrepancy of opinion is
 reconciled, and that my successor, on entering on the duties of his office,
 will find no question left for discussion between the legation and the
 German government.
       I remain, &c.,
                                                GEO. BANCROFT.


447


GERMANY.