No. 11.

Mr. Bayard to Mr. Francis.

No. 42.]

Sir: I have received your No. 78, of the 25th ultimo, touching the case of Harry Rice, arrested at Lippa, in Hungary, as owing military service to the Imperial and Royal Government.

Mr. Rice appealed to you, claiming to be a naturalized American citizen.

The papers have been carefully examined by the law officer of the Department, and the conclusion in the case is that the naturalization of Rice was, on his own showing, obtained on such material fraudulent allegations as to preclude him from taking advantage of it on an appeal to this Department. You will inform him, therefore, that under the circumstances of his case this Government cannot respond favorably to the appeal.

I am, &c.,