No. 29.
Mr. Kasson to Mr. Evarts.

No. 433.]

Sir: The foreign office has voluntarily transmitted to this legation a further communication on the subject of renunciation of Austrian citizenship, indicating the present condition of the law. It further states that now emigration is only limited by the duty of military service.

I inclose herewith a copy of the original communication, and a translation the same.

I have, &c.,

[Inclosure in No. 433.—Translation.]

Baron Haymerle to Mr. Kasson.

With reference to the inquiry contained in the esteemed note of the envoy extraordinary and minister plenipotentiary of the United States of America, Mr. John A. Kasson, of the 15th ultimo, what customary forms may be observed in the case of renunciation of Austrian citizenship, the imperial and royal ministry for foreign affairs has the honor now to complete the communications contained in the note of the 8th ultimo. (No. II, 60, 7.)

According to section 32 (a. b G. B.) the loss of citizenship is fixed through emigration or through marriage of a female citizen with a foreigner.

The emigration patent of March 24, 1832 (political law collection, Vol. 60, page 73), is in many respects no longer applicable, in consequence of article 4, paragraph 3, of the fundamental state law of the 21st December, 1867, relative to the general rights of citizens.

The enactment of section 2 of the emigration patent, according to which every one who wishes to emigrate must apply to the provincial magistrate’s office for his discharge from Austrian citizenship, has no longer special significance, inasmuch as the [Page 42] said article 4 contains the enactment that emigration is on the part of the state only limited by the duty of military service.

Hence, in the case of males not liable to military duty, and of females who wish to emigrate, an authorization thereto or a formal discharge from their connection with the Austrian Empire, is no longer required, and accordingly in the case of such persons an express renunciation of Austrian citizenship can only then become of practical use when the object is to obtain a formal consent to emigrate, notwithstanding the existing liberty of emigration, in order to prove the discharge from political connection with the empire, which is required in some countries for the purpose of being received into political connection with them.

Such a consent will then, upon each special application, be imparted by the political authorities of first resort of the place to which the party belongs, in the name of the provincial authorities; or, in places possessing there our statutes, when the affairs of the political authorities of first resort are managed by the commune, the consent is imparted by the provincial authorities themselves in the form of a certification that the emigrant in question has been discharged from political connection with the Austrian Empire.

Austrian citizens, subject to military duty, namely, those who (a) are in connection with the standing army, the recruit-reserve or militia (landwehr), or (b) being of the prescribed age for performance of military duty—that is, who can be drafted for the performance of proper war service or other service for war purposes—these citizens require, when they intend to withdraw from the Austrian political connection, a special permission to emigrate; that is, the formal discharge from connection with the army for the purpose of emigration; for the granting of which to persons, who stand under obligation to the standing army, the imperial and royal ministry of war for the empire is appointed, but for others the imperial and royal ministry for defense of the country is appointed according to the instructions for carrying out the existing enactments of the militia law of December 5, 1868 (R. G. bl. No. 151), and of the existing enactments relative to the militia men, on the basis of the law on the militia of the 13th May, 1869 R. G. bl. No. 68).

The undersigned avails himself of this occasion to renew to the envoy the assurance of his distinguished consideration.

For the minister for foreign affairs,