No. 23.
Mr. Kasson
to Mr. Evarts.
Legation of
the United States,
Vienna, January 15, 1881.
(Received February 1.)
No. 411.]
Sir: Pursuant to your instruction No. 206
(referring to legation dispatch No. 367), I have to say, that in response to
my application to the ministry for foreign affairs for the information
desired, that office transmitted to me the certified protocol of the act of
renunciation of American citizenship by Marcus Cohn, together with other
information requested by me.
I have the honor to transmit herewith, copies and translations of the
correspondence on the subject with the ministry for foreign affairs, as
stated below.
I am, &c.,
[Inclosure 1 in No. 411.]
Mr. Kasson to Baron
Haymerle.
Legation of the United States,
Vienna, December 31,
1880.
The undersigned, envoy extraordinary and minister plenipotentiary of the
United States of America, referring to the from the foreign office (I,
1475–9), under date of August 4, 1880, announcing that one Marcus Cohn,
had renounced his American citizenship, and assumed that of Austria,
begs that his excellency Baron Haymerle, minister of the imperial house
and imperial and royal minister for foreign affairs, will be so good as
to cause the transmission to this legation, of a statement which will
certify the place and time
of this act of renunciation by the aforesaid Cohn, together with a copy
of the record of the same showing the formal act
of renunciation, certificate of which appears to be required for use in
the United States.
The undersigned will also be glad to receive, for the information of the
Department
[Page 33]
of State at
Washington, a copy of the law, if any, under which such acts of
renunciation are recorded.
He avails himself of this occasion to renew to his excellency Baron
Haymerle, the assurance of his very distinguished consideration.
His excellency, Baron Haymerle, &c.
[Inclosure 2 in No.
411.—Translation.]
Baron Haymerle to
Mr. Kasson.
In response to the esteemed note of the 31st December last, (F. O. 68,)
the imperial and royal ministry for foreign affairs has the honor
respectfully to transmit to Mr. J. A. Kasson, envoy extraordinary and
minister plenipotentiary of the United States of America, the inclosed
protocol, taken with Marcus Cobn by the district captaincy in
Bischof-Teinitz, on the 16th of July, 1880, whereby the said Cohn
expressly renounced the citizenship of the United States of America,
acquired through naturalization.
With regard to the information desired by the envoy at the close of his
note, the imperial and royal ministry for foreign affairs, has the honor
to remark that in respect to the renunciation provided in article IV of
the convention of 20th September, 1870, by a citizen of the United
States of America of his allegiance, no special legal enactments exist
in this empire.
With regard to the renunciation of Austrian citizenship, the same is,
article 4 of the Austrian state fundamental law of December 20, 1867 (A.
G. L., No. 142), “On the part of the state, only limited by duty of
military service,” and accordingly, males no longer liable to such
service and females do not require a formal document of discharge in
order to be released from their allegiance. The delivery of a
declaration to this effect before the competent political authority at
first resort is sufficient, which authority, upon application, issues a
certificate to that effect.
The undersigned, avails himself, &c.
For the ministry for foreign affairs.
The Envoy Extraordinary and Minister Plenipotentiary of the United
States of America, Mr. John A. Kasson.
[Inclosure 3 in No.
411.—Translation]
Protocol of Marcus Cohn, taken July 16, 1880,
at Bischof-teinitz
[50 Kreu’r stamp.]
Taken at the K. K. district captaincy, at Bischof-teinitz, on the 16th of
July, 1880.
subject.
The Hon. K. K. Statthalterei, in Prague, has, under edict of July 5,
1880, (Z. 40985) based on the present application of Marcus Cohn for
re-reception into relations with the Austrian state, ordered, that a
document shall be required and produced from him wherein he expressly
renounces the citizenship of the United States of America, acquired by
him through naturalization.
Marcus Cohn to-day appeared here and begs, in pursuance of the edict of
the before-mentioned Hon. Statthalterei, that protocol of the following
declaration, be taken:
“I hereby expressly declare, that I renounce the citizenship of
the United States of America, acquired by me through
naturalization.
“MARCUS COHN.”
Joseph Mayer, witness.
Wilhelm Wurscher, witness.
Concluded and executed.
- SWOBODA,
K. K. District
Captain.
- Eimer.
K.
K. Custode.
[Page 34]
[Inclosure 4 in No. 411.]
Mr. Kasson to Baron
Haymerle.
United
States Legation,
Vienna, January 15,
1881.
F. O., 1,
70.]
The undersigned, envoy extraordinary and minister plenipotentiary of the
United States of America, acknowledging the reception of the note from
the imperial and royal ministry of foreign affairs (II, 66, 7), dated
January 8, 1881, and returning thanks for the communication with its
inclosure, herewith returns the declaration of renunciation of American
citizenship made by Marcus Cohn, and begs to say that Mr. Evarts desired
the information with a view to understand the customary forms adopted in
such cases by the Austro-Hungarian Government.
The undersigned avails himself of this occasion to renew, &c.
His excellency Baron Haymerle,
Imperial and Royal Minister for Foreign Affairs,
&c., &c., &c.