Augustus (who is at this moment at Dusseldorf), was born the 1st September, 1828, at Werninghausen; the other, Oscar, the 13th of August, 1831, at Nordhausen. In the month of March, 1843, all the family emigrated, alike without the permission of the Government, for North America, carrying off what little property it had in Prussia.

It follows, from this exposition, that the Behne family must be considered as belonging still to Prussia, because it has not legally broken the ties which connect it with its native land. The authority of Dusseldorf has therefore held it to be its duty to call under its flag the eldest of the two sons of Mr. Behne, who has attained the age requisite for serving in the army; and the Ministry of the Interior announces that it has no power to dispense with the provisions of the law.

In giving this information to Mr. Hannegan,
The Undersigned, &c.

-Hannegan.

SCHLEINITZ.

Berlin, June 8, 1852.

N.B.-This note is not recorded in the despatch books of the Legation, and does not appear to have been the subject of any correspondence. It is dated the 19th October, 1849. Mr. Hannegan had returned to his post 5 days previously, on the 11th, in a high state of fever. On the day of the date of the note I was myself dangerously attacked with an inflammation of the brain, which for several weeks confined me to my bed, and for several months kept me in a state of great suffering. In this way the matter was not communicated to the department.

SIR,

THEO. S. FAY.

(Inclosure 2.)-Baron Bulow to Mr. Fay.

(Translation.)

Berlin, June 5, 1852.

I HAVE the honour to draw your attention, in reply to your letter of the 13th of last month, to the point that the petition of Mr. Gustavus Edward Augustus Behne, calling himself an American citizen, and who is at present at Brussels, has already been in 1849 the subject of correspondence between the Legation of The United States and the King's Administration. It was ascertained at that time that the Behne family must be considered as belonging to Prussia, the father, doctor in medicine, having left his native country in 1840 without an emigration licence.

On referring in this matter to the note, which was addressed 19th October, 1849, to Mr. Hannegan, I will add that, if Mr. Gustavus Behne, who in the month of May of that year resided at Dusseldorf, was not then incorporated in the army, it was because,

at the moment of the summons, he undertook a little journey to foreign parts, from which he has not again returned to Prussia.

As nothing has changed since then the position of this young man, the authorization which he solicits, to be able to re-enter Prussia temporarily, without being obliged to satisfy his military duties, cannot be granted to him.

In requesting you, Sir, to inform the petitioner of this decision, in reply to the request he has addressed from Brussels to Mr. Barnard, I have, &c.

I HAVE the honour to inclose to you herewith copies of correspondence:

Relating to Dr. Gutowski, asking relief from an order to quit Prussia;

Relating to the case of Christian Hormann, a naturalized citizen of The United States, arrested on a demand made upon him to serve in the Prussian army;

Relating to the case of B. Meyer, also a naturalized citizen of The United States, on whom a fine has been imposed, in his absence, for having left Prussia without permission, and who is threatened with being forced into the Prussian army, if he can be got hold of.

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I

I beg leave, Sir, to call your attention particularly to my letter to Baron Manteuffel in the last case here enumerated. have taken occasion to submit to him some observations on the general subject of the laws of Prussia in regard to permits of emigration as attempted to be enforced against naturalized citizens of The United States, in connection with the right which she seems disposed to insist on, to compel all such citizens who have failed to obtain permission to emigrate, to enter and serve in the Prussian army, whenever she can lay her hand on them for that purpose, The object I have in view * * is

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to bring the Prussian Government to a friendly arrangement in the matter, by which it will practically cease to offer annoyance to American citizens on this ground. I had a personal and friendly interview with the Minister of Foreign Affairs on the subject, in which I expressed to him directly and distinctly my views, and why I

thought it important to both countries that we should come to some understanding in regard to it. He agreed with me in thinking this every way desirable, but did not for the moment see what was to be

done, since, so long as the Prussian laws on the subject existed, the courts must enforce them, and the Government could not interfere with the courts.

Hon. D. Webster.

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D. D. BARNARD.

(Inclosure 1.)-Mr. Barnard to Baron Manteuffel.

M. LE BARON,

Berlin, July 1, 1852. I HAVE received from Alexander R. Gutowski, doctor of medicine, at present residing at Rukocin, near Witkowo, in the Grand Duchy of Posen, a letter dated the 25th of June, asking my interposition in his behalf with the Government of His Majesty the King to relieve him from the effect of an order which he has received from the local authority of the province to quit the country within about 4 weeks.

Dr. Gutowski informs me that no reason has been assigned to him for this order. He is an American citizen, though born in Poland, having been regularly naturalized in The United States in the year 1839. He has a regular passport as such citizen, issued at the Legation in January, 1851, and visaed at the office of the Ministry of Foreign Affairs in Berlin on the 9th February, 1851.

Born in the district of country where he now is, where his brother and two sisters now reside, and where his parents resided till their death, which happened not long since, he is the proprietor there of a farm costing 3,000 thalers, which he is at present engaged in taking care of and cultivating. This is the information which he gives me. He declares that he has done nothing to deserve the order he has received; that he respects and obeys the laws of Prussia; that he has taken no part whatever in politics; and that he can prove his good conduct by the most respectable persons.

What Dr. Gutowski asks is, that he may have the permission and authority of the Government of His Majesty to remain where he is for a year, or until he can dispose of his property without being obliged to sacrifice it.

I should hope that this request of a respectable and inoffensive man, as Dr. Gutowski certainly appears to be, may be considered a reasonable one, and that the permission he asks for may be granted. I pray, &c.

Baron von Manteuffel.

Ι

D. D. BARNARD.

(Inclosure 2.)-Mr. Barnard to Baron Manteuffel.

M. LE BARON, Berlin, July 3, 1852. CHRISTIAN HORMANN, a citizen of The United States, informs me by letter, dated at Petershagen, the 28th June, that on the 26th June he was arrested at that place, taken to Minden, a distance of one German mile and a half, and placed in prison, where he was kept during the night; that the next day he was taken

before the local magistrate or authority at Minden, and, on examination, discharged provisionally, and allowed to return to Petershagen, but only after his signature had been obtained to a writing which he did not comprehend, and after his passport had been taken from him and retained.

The history of Christian Hormann, as he relates it, is this: He was born in 1825, in the village of Seidfeld, belonging to the parish of Petershagen. His father emigrated to The United States in 1830, one of his sons, older than Christian, having already resided there several years. In 1838, his mother went to The United

States, and he accompanied her, then being of the age of 13.

It had been lately resolved to dispose of the property of his father and mother in Petershagen, and he came to Prussia for this object, and with authority from them. On his arrival at Petershagen, he presented himself before the proper authorities with his passport as a citizen of The United States, and other papers, which were found in proper order.

His arrest, it appears, was upon some allegation that, as a boy of 13 years of age, he had offended against the laws of Prussia in regard to military service, by accompanying his mother in her emigration to The United States. This seems to have been the idea of the authorities at Minden, whilst it appears that the authorities at Petershagen entertained no such opinion, but the contrary.

I beg leave to ask your Excellency's attention to this case, and that I may be informed whether it is claimed that the authorities in question had any ground of justification for this harsh proceeding towards Christian Hormann. If no justification can be alleged, I am sure his Majesty's Government will not allow the case to pass without the proper rectification and redress. I seize, &c. Baron von Manteuffel.

SIR,

D. D. BARNARD.

(Inclosure 3.)-Mr. Bates to Mr. Barnard.

Aix-la-Chapelle, July 2, 1852. MR. B. MEYER, a native of Paderborn, in the province of Westphalia, emigrated 7 years ago, at the age of 18, to The United States, for the purpose of becoming permanently located there; became a naturalized citizen of the same, and is furnished with a passport from the Secretary of State, dated May 6, 1852. He has returned to Germany for the benefit of his health, to see his relatives, and to attend to some private business which requires his personal presence at Paderborn.

Before emigrating, he did not obtain the permission of the Prussian Government to do so, and since his arrival in Germany he has been furnished with a copy of a judgment, dated November 22, 1851, of the Konigliches Krieysgericht, of Paderborn, addressed to

his mother, and condemning him to a fine of 50 thalers, as not having complied with the laws of Prussia with regard to military service.

This copy I inclose to you, marked A. On receipt of this document, he addressed a letter to the burgomaster of Paderborn, dated New York, 20th March, 1852, stating that he emigrated for the purpose of locating himself permanently in America, nd not for the purpose of avoiding military service in Prussia, &c.

*

This letter was sent by him to the burgomaster through an attorney of Paderborn, a personal friend of his. No written official answer has been received to it. The burgomaster simply stated, verbally, to the attorney by whom the letter was presented, that he could do nothing in the matter, and that Mr. Meyer would be obliged to serve in the army if found at Paderborn. Other information to the same effect has reached him through personal friends of the family, who occupy official positions at Paderborn, and he is at a loss to know what to do. Go to Paderborn he must, be the consequences what they may. He has a mother living there, 70 years of age, whom he has not seen for many years, and, moreover, has important business of family affairs to attend to. His intention is to remain in Germany about 3 months.

In reply to his question as to what he should do, I have given him my opinion that, as a properly naturalized citizen of The United States, he could not be liable to military service in Prussia: but that I saw no proper ground or chance for interference until some proceedings had been officially commenced against him to compel him to do so.

Not being very familiar with the Prussian military laws, I send the papers left with me to you, begging you to instruct me in the matter, both as to advising him what to do and as to the course to be pursued in case he should go to Paderborn, be arrested, and held to military service. I have informed him that I should ask your advice. It is an affair which ought to be settled amicably with the authorities, for Mr. Meyer has given me to understand that he holds some property there, which is in danger of being confiscated in the ordinary course of law.

Mr. Meyer's passport is perfectly in good order. I did not see his papers of naturalization, but he tells me that he has them here, if we wish them. Very respectfully, &c.

D. D. Barnard, Esq.

SIR,

JOHN C. BATES.

(Inclosure 4.)-Mr. Barnard to Mr. Bates.

Berlin, July 5, 1852.

I HAVE received your letter of July 2, in regard to the matter of Meyer.