No. 12.
Mr. Jay to Mr. Fish.

No. 730.]

Sir: On looking over the correspondence of the legation, I find that there have been several cases, only some of which have been hitherto reported to the Department, where the protection of the legation has been claimed by native-born Austrians, who had become naturalized citizens of the United States, and who had been cited to appear for military service, or had reason to believe that they were liable to arrest on that ground.

* * * * * * *

I feel bound to say that my request to the imperial and royal minister for foreign affairs to direct an examination into the correctness of the statement of facts submitted to them in each case, has been met with prompt attention, that the examining officers appear to have been governed by a desire to interpret the treaty with perfect fairness, and that in two cases of concession made on petition to the Emperor, the parties were not entitled to the concession as a matter of right under the treaty.

I have, &c.,