No. 28.
Mr. Kasson to Mr. Evarts .

No. 432.]

Sir: I beg to advise the Department of the circumstances attending the arrest and expulsion from Austrian territory of one Jacob Erasmus, [Page 39] who claimed to be an American citizen, and so applied to this legation for protection, and of my intervention therein.

This intervention was promptly made, and developed the fact that he was arrested for recruiting emigrants for the United States, to be shipped by a particular line of steamers, and for a reward to be paid by the steamship company; that the statements of his telegram to me were of questionable veracity; the official report stating his business to be quite other than the “arrangement of his affairs,” and that he himself emigrated only three years ago, in which case he could not now be an American citizen.

The official reports are of further value as indicating the laws and ordinances of this empire, applicable to efforts to induce emigration.

No further communication has been received from Erasmus. Copies of the correspondence are herewith inclosed for the full information of the Department.

I have, &c.,

JOHN A. KASSON.
[Inclosure 1 in No. 432.—Translation.]

Mr. Erasmus to Mr. Kasson .

[Telegram.]

Jacob Erasmus, citizen of the North American States, according to certificate taken from him, has come to his birth-place Roza, Galicia, for the purpose of arranging his affairs. Rudolf Ciszka, district captain in Pilzno, arrested me, caused me to be judicially examined by the court and the papers to be transferred to the public prosecuting office in Tarnow. Public prosecuting office has found nothing punishable in me, District Captain Ciszka, notwithstanding, detains me under arrest and will to-day, without any just cause expel me at the frontier. Beg speedy assistance and answer. To-morrow all particulars in writing.

JACOB ERASMUS.

His Excellency Mr. John A. Kasson,
Envoy Extraordinary and Minister Plenipotentiary of the United States of America.

[Inclosure 2 in No. 432.—Translation.]

Mr. Kasson to Mr. Erasmus .

[Telegram.]

Jacob Erasmus, Radomysl:

Your case is before ministry for foreign affairs. Immediate action requested in your behalf.

KASSON.

[Inclosure 3 in No. 432.]

Mr. Kasson to Baron Haymerle.

The undersigned, envoy extraordinary and minister plenipotentiary of the United! States of America, referring to the telegram from one Jacob Erasmus, claiming to be an American citizen, and addressed to this legation, and which was, on the 17th instant, [Page 40] informally submitted, through Monsieur de Kallay, to the ministry for foreign affairs for their examination and following inquiry, has now the honor to request that the telegram referred to may be returned to this legation when the same shall have been duly examined and a copy taken if desired. He will also be glad to be informed of the result of the inquiry into the truth of the complaint therein made that Erasmus, as an American citizen, was illegally arrested, and without cause deprived of the formal document attesting his nationality.

The undersigned avails himself, &c.,

KASSON.

His Excellency Baron Haymerle, &c., &c., &c.

[Inclosure 4 in No. 432.—Translation.]

Baron Haymerle to Mr. Kasson .

In response to the esteemed note of the 19th instant the imperial and royal ministry for foreign affairs has the honor to transmit with thanks to the envoy extraordinary and minister plenipotentiary of the United States of America, Mr. John A. Kasson, the accompanying telegram of Erasmus, placed at the disposition of the said ministry, referring to his detention at Pilzno, and to add the copy of a telegram which the imperial and royal stattbalterei in Galicia, to whom telegraphic advice was forthwith sent, addressed to the ministry on the 19th instant, from which the envoy will perceive that proceedings have been instituted by the imperial and royal authorities against Erasmus, on account, as appears, of recruitings for America, in contravention of existing ordinances.

The imperial and royal ministry for foreign affairs proposes, as soon as the particulars of the case shall have been communicated to it, as promised in the telegram, to bring them without delay to the knowledge of the envoy.

Meanwhile the undersigned avails himself, &c.

For the minister for foreign affairs:

WOLFARTH.

The Envoy Extraordinary and Minister Plenipotentiary of the United States of America, Mr. John A. Kasson.

[Inclosure 5 in No. 432.—Translation.]

Baron Haymerle to Mr. Kasson.

In pursuance of the respectful note of the 20th instant (No. 3339–7), the imperial and royal ministry for foreign affairs now has the honor to communicate to the envoy extraordinary and minister plenipotentiary of the United States of America, Mr. Kasson, the particulars reported to the ministry by the imperial and royal statthalterei at Lemberg, relative to the seizure and arrest of the naturalized American citizen, Jacob Erasmus.

At the end of last month the gendarmery post command in Zassow ascertained that Jacob Erasmus, landlord from Roja district, Pilzno, who three years previously emigrated to America, had returned to his native place, and was occupied in the recruiting of his countrymen for removal to America.

On the basis of this notification Erasmus was arrested in his own house, which the imperial and royal gendarmery found formally besieged by people from the whole vicinity, and was, by the imperial and royal district captaincy in Pilzno, delivered to the imperial and royal district court of the same place for official penal action.

The correspondence found in Erasmus’s possession exhibited evidence that he was charged by the attorney of the North German Lloyd, Carl Behmer, of Berlin, and by Carl Johan Klingenberg, ship agent of Bremen, to recruit in Galicia passengers for the voyage to America, for which service a compensation of 3 florins for each grown person and 1½ florins for each child was promised to him.

Inasmuch as Erasmus abode in Roja but a few days previous to his arrest, and, accordingly, by reason of the shortness of the time, could neither accomplish his mission nor cause any damage to the recruits, therefore the imperial and royal state prosecuting [Page 41] office in Tarno, to which the preliminary examination had by the imperial and royal district court of Pilzno been sent for the purpose of suggestion as to disposition of the case, found no tenable point for a further penal prosecution of Erasmus, and delivered the examination papers to the imperial and royal district captaincy in Pilzno, in the sense of the ministerial ordinance of September 30, 1857 (A. G. B. No. 198), for further official action in respect to the arrested party.

Hereupon Jacob Erasmus was condemned by the imperial and royal district captaincy in Pilzno, under sentence of the 17th instant, on account of unauthorized recruiting for America, based on the before-mentioned ministerial ordinance, to fourteen days’ confinement; and, since he had, under a naturalization certificate of the American Union, given proof of his status, it was forthwith decreed that he, as a foreigner, in the sense of paragraph 2 of the imperial law of 27th July, 1871 (St. G. B. No. 88), under peril of the consequences stated in paragraph 323 of the penal law, should be expelled from all the crown lands of the Austrian monarchy.

Erasmus has entered no appeal against this judgment, and immediately submitted to the punishment.

The undersigned avails himself, &c.

For the ministry of foreign affairs:

WOLFARTH.

The Envoy Extraordinary and Minister Plenipotentiary of the United States of America, Mr. John A. Kasson.