No. 9.
Mr. Francis to Mr.
Bayard.
Legation of
the United States,
Vienna, April 25, 1885.
(Received May II.)
No. 78.]Sir: On the 25th of February last I received a
letter from Harry Rice, dated at Lippa, Hungary, the previous day, claiming
to be an American citizen, and requesting protection from conscription in
the imperial royal army.
He stated that he was arrested by the Lippa police on the 20th of February,
charged with owing military service to the Government of Austria-Hungary,
and that March 8 was the appointed day for his examination with a view to
assigning him in the army. The police had taken possession of his
naturalization certificate, and he could therefore not forward it to me. He
stated that he left Hungary in 1879, when he was 16 years old, and mentioned
the fact, which I distinctly remembered, that calling at this legation a few
weeks previously, and showing me his naturalization certificate, I stated it
should assure him protection from military conscription. And in this
connection I explained to him the terms of the treaty bearing upon his
case.
On the 27th of February I left a verbal memorandum of the case with Mr.
Szögyényi at the foreign office, and on the 5th of March I received reply by
note from Baron Pasetti, translation of which is herewith inclosed. To this
I made response March 7 (copy inclosed), transmitting with my note copy of
Henry Rice’s naturalization certificate, which I had just received from
him.
April 1 Rice wrote me that he desired to return to the United States during
the month, but the bail bond he had given to the authorities remained
uncancelled and his certificate of naturalization was withheld from him, and
he could not leave until the matter was adjusted.
April 3 I addressed a note to Mr. Szögyényi (copy inclosed) requesting, as
there seemed to be no question in this case, that prompt action might be
taken by the Imperial Royal Government to relieve Rice from arrest, so as to
enable him to return to the United States. To this I received reply by note
from Baron Pasetti, dated April 6 (translation inclosed) stating that the
imperial royal ministry of foreign affairs had recommended the royal
Hungarian ministry of public defense to make speedy decision of the
case.
April 8 I received from Baron Pasetti another note, and one of importance as
indicating the results of the investigation in this case by the royal
Hungarian ministry of public defense (copy of translation thereof inclosed)
wherein it is alleged upon the testimony of his late employer at Lippa, that
Harry Rice did not leave that place for the United States until 1881, and
could not therefore have resided in the United States five years prior to
the date of his naturalization certificate December 19, 1884, copy of which
is herewith inclosed; and, moreover, that according to the official registry
of his birth he was not 21 years of age at the date of said certificate.
This exposition presented the matter in a new and very unfavorable light for
Rice, and April 11 I addressed a note to Baron Pasetti (copy inclosed)
stating that if the alleged facts are established by competent evidence,
Rice’s certificate of naturalization was obtained by fraudulent means and
must be regarded as invalid.
I also requested authenticated copy of testimony for information of my
Government. April 15 I received a note from Baron Pasetti in reply
[Page 20]
(translation inclosed) with
certified copy of evidence in the case (translated), including testimony as
to the time Rice left Lippa, and authenticated copy of extract from
Israelitic register of birth at Lippa, showing date of the birth of Rice. It
will be observed that in his note as above, Baron Pasetti, in behalf of the
imperial royal ministry, requests that the information which may be obtained
in the United States in regard to this case, be communicated to his
Government. April 18 I replied to this note (copy inclosed), promising to
communicate information to the imperial royal ministry upon the subject as
instruction may be given by my Government.
On receiving the notes with evidence in this case from the foreign office, I
promptly informed Rice by letter of the facts, saying nothing could be done
for him unless he presented proof properly authenticated that he left Lippa
for the United States at a year and date that would cover a period of time
admitting five years’ residence therein prior to the date of his
naturalization certificate, and furthermore, conclusive proof as to his age
showing that he was 21 years old at the date of said certificate. I
requested him also to furnish me the names of the persons who were his
witnesses in the proceeding of his naturalization at Chicago. In reply, Rice
states it is not true that he left Lippa in 1881; that his former chief and
the servant of the synagogue had “sworn before the judge” that he emigrated
from Lippa in May, 1879, but the judge declined to furnish him a certificate
of this testimony, saying it must be given by another official known in
Hungary as the “Vize Gespan.” Rice says that with a request from me, written
in German, he can obtain the evidence through the latter official. This
request has been communicated to him as desired. He gives the names of his
naturalization witnesses, resident in Chicago, as W. Friedmann and a Mr.
Sonnenfeld, whose first name he does not remember.
I inclose herewith copy of Rice’s first letter to me in answer to charges
made against him. It will be seen that he admits he was not 21 years of age
when he obtained his naturalization certificate, lacking, as he says, “only
a few days,”—as a matter of fact nearly one month—from December 19, 1884,
the date of his naturalization certificate, to January 17, 1885, his
twenty-first birthday.
That he knew he was not 21 years old when he received this naturalization
paper which certifies he had attained that age, he does not deny, and he
must have falsely represented his age to the court that issued the
certificate. And so far he has not furnished me any authenticated evidence
to disprove the testimony of his late employer at Lippa, Ignaz Jellinek,
that he was with him (Jellinek) as an apprentice until “the beginning of
1881.” If this sworn testimony is true Rice could not have resided longer
than between three and four years in the United States prior to the issue of
this naturalization certificate. December 19, 1884.
The imperial royal ministry of foreign affairs has placed in my hands the
original of Rice’s natualization certificate. It will be held by this
legation awaiting instruction from the Department. And here I may be
permitted to remark that, assuming this certificate to have been obtained by
fraud and perjury, as seems quite certain, in my opinion prompt action by
our Government to secure its cancellation, and, if possible, to bring to
punishment the violators of law in the premises, would have a salutary
effect.
It is upon the integrity of these certificates that diplomatic
representatives of our Government must depend in assuring protection to
persons abroad claiming to be naturalized citizens of the United States.
[Page 21]
Instructions with reference to the
courteous request of the imperial and royal ministry of foreign affairs
respecting the case under consideration are respectfully requested.
I have, &c.,
[Inclosure 1 in No.
78.—Translation.]
M. Pasetti to Mr.
Francis.
In reply to the request of the Hon. John M. Francis, envoy extraordinary
and minister plenipotentiary of the United States of America, the
imperial royal ministry of foreign affairs has not delayed to take the
necessary steps with reference to summoning Henry Rice for the discharge
of military duty in Hungary.
The ministry is now in condition to inform the North American minister
that on the part of the royal Hungarian ministry for national defense
the commander has been telegraphed not to bring
Harry Rice before the examining committee.
While the undersigned reserves more extended communication while awaiting
further developments, he avails himself of this occasion to renew to the
honorable the North American envoy the assurance of his distinguished
consideration.
For the minister of foreign affairs.
[Inclosure 2 in No. 78.]
Mr. Francis to
Baron Pasetti.
Legation of the United States,
Vienna, March 7,
1885.
Your Excellency: I have the honor to
acknowledge the receipt of the esteemed note of your excellency 5357/7,
dated 5th instant, wherein I am informed that in reference to the arrest
in Lippa, Hungary, on the 20th of February last, of an American citizen,
Harry Rice, charged with owing military service to the imperial royal
government, the royal Hungarian ministry for national defense has
telegraphed to the military authorities at Lippa instructing them not to
bring the said Harry Rice before the examining commission according to
the summons served upon him with a view to placing him in the Imperial
Royal army.
I have to thank the ministry of foreign affairs for its prompt
intervention in this case to assure for a citizen of the United States
the protection to which he is entitled under the guarantees of
treaty.
As stated by me in personal interview with Count Szögyényi on the 27th of
February last, and repeated in my conversation with your excellency
yesterday (6th instant), the original of the naturalization certificate
issued to the said Harry Rice was taken from him at the time of his
arrest at Lippa; but he has furnished me a copy of the same, which I
inclose herewith for the information of the ministry of foreign
affairs.
From this certificate it will be seen that Harry Rice, a citizen of the
United States, is clearly entitled to exemption under the treaty of 1820
from service in the imperial royal army, and I respectfully request that
the bail-bond that has been required of him to appear for, such service
be canceled, and that his name be stricken from the military rolls as
owing the service named.
I have, &c.,
[Inclosure 3 in No. 78.]
Mr. Francis to
Count Szögyényi.
Legation of the United States,
Vienna, April 3,
1885.
Your Excellency: Referring to my note F. O. 39,
dated March 7, in reference to the arrest at Lippa, Hungary, of Harry
Rice, a citizen of the United States, charged with owing military
service to the imperial royal government, I have this day received
[Page 22]
from him a letter dated April 1,
saying that he applied that day to the “Solga Bird” for his
naturalization certificate that had been taken from him at the time of
his arrest, and was informed that the paper had been sent to the mayor
of Temesvar, and he could not do anything in the case until he gets
answer from there.
Mr. Rice desires to leave Lippa for the United States during the present
month. He cannot do so until the naturalization certificate is restored
to him and he is relieved from the bail bond exacted in this case at the
time of his arrest.
A citizen of the United States and owing no military service to the
imperial royal government, I respectfully repeat the request that he may
be promptly relieved from arrest, the bail bond given by him canceled,
and his naturalization certificate returned to him. I make the request
with urgency in order that he may not be put to the inconvenience of
delay in returning to his adopted country and the personal sacrifice
which postponement may involve.
I inclose herewith a memorandum in the Hungarian language, referring I
think to the naturalization certificate, which, after observation by
your excellency, I would be glad to have returned to me.
Trusting this case, about which I believe there is no question, may have
a speedy decision, I embrace the occasion to renew to your excellency
assurances, &c.
[Inclosure 4 in No.
78.—Translation.]
Baron Pasetti to
Mr. Francis.
The imperial royal ministry of foreign affairs had the honor to receive
the esteemed note of April 3d, numbered F. O. 46, the inclosure of which
is herewith returned. It has not failed to comply with the wish
expressed by the honorable North American envoy, to recommend to the
royal Hungarian ministry of public defense a speedy decision of Harry
Rise’s case, informing the ministry at the same time of his intention to
return to the United States in the course of this month.
The undersigned avails, &c.,
For the minister of foreign affairs:
M.
PASETTI.
[Inclosure 5 in No.
78.—Translation.]
Baron Pasetti to
Mr. Francis.
The imperial royal ministry of foreign affairs begs to inform John M.
Francis, envoy extraordinary and minister plenipotentiary of the United
States of America, that a communication has been received from the royal
Hungarian ministry of public defense giving the result of investigations
made in the case of Harry Rice.
Harry Rice, alias Henry Reisz, was born, as is shown by authenticated
copies of the “register of births of the Jewish congregation at Lippa,”
on the 17th of January, 1864, at the town of Lippa where his parents are
residing. The records also show that on March 6th, last, Ignaz Jellinek,
a merchant doing business at Lippa, made affidavit that Henry Reisz was
apprenticed to him in 1878 to serve for three years; and at the
beginning of 1881, about three weeks before the termination of his
apprenticeship as stipulated, he left and went to America.
Nothing appears on the records of the competent authorities to show that
an emigration passport or a consent for emigration had been given
him.
When he had reached the age that rendered him liable to military duty and
he failed to report, his name was inscribed on the rolls as absent
without leave, and on his appearance at Lippa, in February last, he was
arrested in order to be made to fill his military obligations.
Henry Rice thereupon deposited a document with the community at Lippa,
showing that “after five years’ residence within the limits of the
United States and after reaching his twenty-first year of age” he
received on December 19, 1884, from the court of Cook County, Illinois,
the citizenship of the United States.
In view of this and of the reclamation made by the honorable the American
envoy, the question must be decided whether Henry Reisz, according to
the treaty of September 20, 1870, between the United States and
Austria-Hungary, is to be considered and treated as a United States
citizen, and whether he has violated the law by evading military
duty.
[Page 23]
Article I of the above-mentioned treaty provides that subjects of
Austria-Hungary who have lived uninterruptedly for five years in the
United States and who have acquired citizenship there shall be regarded
by the Government of Austria-Hungary as American citizens and be treated
as such; and the last clause of Article II provides that if suck persons
are not guilty of any of the misdemeanors enumerated under 1, 2, and 3
of said article, on their return to their native country they shall not
be held to military duty nor be punished for non-fulfillment of the
same.
In view of this, the provisions of Article I of the treaty of September
20, 1870, do not apply to Henry Rice, for the affidavit of the merchant
Ignaz Jellinek, at Lippa, shows that Reisz was in his service until the
beginning of 1881, and he could therefore not have reached America
sooner than in the course of 1881, indirect contradiction with the
contents of the naturalization paper of December 19, 1884, which
certifies to a five years’ residence in America, which, if true, would
have necessitated Reis’s arrival in. America in 1880.
As there can be no doubt of the correct proceeding of the United States
authorities, the conclusion remains that Henry Reis has acquired United
States citizenship by false representations or testimonials in an
unlawful manner. This conclusion is additionally strengthened by the
fact that in the naturalization papers of December 19, 1884, it is
stated that Reis had reached the twenty-first year of age, while an
authenticated copy of register of birth shows that he was born January
17, 1864, and that he was consequently not twenty-one years old on the
19th of December, 1884.
In order that the provisions of the treaty of September 20, 1870, be
applied to the case of Henry Reis, it appears under these circumstances
absolutely necessary to ascertain by what means Reis obtained the
naturalization papers, which show a five years’ residence, and whether
this was done in a lawful manner or not.
To this end the imperial royal ministry of foreign affairs begs to
solicit the kind assistance of the honorable the American envoy, and
asks to be favored with a reply upon this point. The royal Hungarian
ministry of public defense, in order to bring light into this matter,
has ordered an investigation to be made as to the time when Rice left
his home, and whether he has not interrupted his sojourn in America
before the lapse of five years.
The ministry of foreign affairs will not omit to inform the honorable
American envoy of the result of these investigations. Until clearness,
however, has been established the royal Hungarian ministry of public
defense is not in a position to erase the name of Henry Reis from the
military rolls, but it has stopped further proceedings against him
pending these investigations.
The ministry of foreign affairs finally complies with the wish expressed
verbally by the American envoy that the naturalization certificate of
Henry Rice, deposited with the community at Lippa, and of which copy has
been taken, be returned.
The undersigned avail, &c.
For the ministry of foreign affairs:
M.
PASETTI.
[Inclosure 6 in No. 78.]
Final certificate of
naturalization—minor.
United States of
America,
State of Illinois, County of
Cook, ss:
Be it remembered that on this 19th day of December, in the year of our
Lord one thousand eight hundred and eighty-four, in the circuit court of
Cook County, in the State of Illinois (the same being a court of record,
having a clerk and seal), and of the December term, thereof, for the
year aforesaid, Harry Rice, an alien, came into court and applied to be
admitted as a naturalized citizen of the United States; and it having
appeared to the satisfaction of the court that the said applicant
arrived in the United States a minor under the age of eighteen years,
and that he has resided within the limits and under the jurisdiction of
the United States for and during the full term of five years last past,
and one year and upwards immediately preceding the date hereof in the
State of Illinois, and that during said term of rive years he has
sustained a good moral character, and appeared to be attached to the
principles contained in the Constitution of the United States, and well
disposed to the good order, well-being, and happiness of the same; and
that he has arrived at the age of twenty-one years, according to the
several provisions of the acts of Congress heretofore passed on that
subject; and he having nowhere in open court taken and subscribed the
oath required by those laws, to support the Constitution of the United
States, and to renounce and abjure all allegiance and fidelity to every
foreign
[Page 24]
prince, poteniate,
state, or sovereignty whatever, and more particularly all allegiance
which he may in any wise owe to the Emperor of Austria, of whom he was
heretofore a subject.
It was therefore ordered and adjudged by the court that the said Harry
Rice be, and lie was thereby, admitted to all and singular the rights,
privileges, and immunities of a naturalized citizen of the United
States, and that it be certified to him accordingly, which is done by
these presents.
Witness, Henry Best, clerk of said circuit
court of Cook County, this 19th day of
December, A. D. 1884.
[Seal of circuit court Cook County, Illinois.]
HENRY
BEST,
Clerk.
[Inclosure 7 in No. 78.]
Mr. Francis to
Baron Pasetti.
Legation of the United States,
Vienna, April 11,
1885.
Your Excellency: I have the honor to
acknowledge the receipt of your excellency’s note numbered 8357/7, dated
April 8, 1885, relative to the case of Harry Rice, who was arrested at
Lippa, Hungary, in February last, charged with owing military service to
the Austro-Hungarian Government.
Rice had previously shown to me his certificate of naturalization, duly
authenticated, by which it appeared that he was naturalized and declared
to be a citizen of the United States by the circuit court of Cook
County, Illinois, at Chicago, 19 December, 1884. Assuming this
certificate as evidence of such citizenship, in notes addressed by me to
Baron Pasetti, dated March 7, 1885, No. F. O. 39, and to Count
Szögyényi, dated April 3, 1885, No. F. O. 46, respectively. I requested
that proceedings against the said Rice as above be discontinued, and
that his name be erased from the rolls as owing military service to the
Imperial Royal Government.
It now appears from the statement of this case as presented in your
excellency’s note, assuming that the evidence is accurate upon which the
statement is based, that Rice Slaving resided at Lippa until the
beginning of 1881, when he left that place for the United States, he
could not have maintained an uninterrupted residence in the latter for
five years up to the date of his naturalization, December 19, 1884, as
required under the naturalization laws of the United States, and
specifically mentioned in the treaty of 1870 as a condition of acquired
citizenship thereof by an alien; and furthermore, that the birth
registry showing he was born January 17, 1864, he had not arrived at the
age of twenty-one years at the date of his naturalization certificate as
that certificate declares. If these facts are established by competent
evidence, the conclusion is inevitable that Rice’s certificate of
naturalization was obtained by fraudulent means and must be regarded as
invalid.
In conformity with the request of your excellency, I shall hasten to
communicate with my Government on this subject with a view of
ascertaining the facts in the case, for if illegal methods have been
employed to secure the naturalization certificate, the Government of the
United States will not hesitate to reprobate the wrong and use every
practicable means to bring to justice, the violators of the law.
I will thank the ministry of foreign affairs for an authenticated copy of
testimony, or substance of testimony, that has been or may be taken in
this case, to the end that I may forward such evidence to my Government
for its information.
I avail, &c.,
[Inclosure 8 in No.
78.—Translation.]
M. Pasetti to Mr.
Francis.
In conformity with the wish expressed in the esteemed note of the 11th
instant, F. O. 51, the imperial royal ministry of foreign affairs has
the honor to place at the disposal of the Hon. John M. Francis, envoy
extraordinary and minister plenipotentiary of the United States of
America, the following documents concerning the case of Harry Rice:
- First. An authenticated copy of a protocol which was taken by
several residents of Lippa concerning the question at what time
Rice left his home.
- Second. An authenticated German translation of this
protocol.
- Third. An authenticated copy of an extract from the Israelitic
register of births at Lippa.
The imperial royal minister of foreign affairs requests most respectfully
to be informed in return of the result of the events which have
transpired in the United States regarding this affair.
The undersigned avails himself, &c.
For the minister of foreign affairs:
M.
PASETTI.
[Inclosure 9 in No.
78.—Translation.]
Protocol taken at Lippa the 6th of March, 1885,
before the judge of the Lippa
district.
There were present the undersigned.
Respecting the military obligations of Harry Rice, born in Lippa, the
folio wing are the proceedings of the examination called out in
connection with his place of residence:
The Israelitic instructor of religion and recorder, James Lichter:
Q. Do you know Harry Rice?—A. Yes; I know him.
Q In what year was he born?—A. In the year 1864, as maybe seen from the
extracts of the records presented by me at the military examinations
last year.
Q. Where is the permanent place of residence of the parents and family of
Harry Rice?—A. At Lippa.
Q. Do you know whether Harry Rice had left the community of Lippa, where
he and his family belong, permanently; and whether he emigrated from
Austria-Hungary and became an American citizen?—A. I know that he
emigrated; but that he became a United States citizen I only know from
hearsay.
Q. Have you any knowledge of the fact, or did Harry Rice report to you as
the recorder, his departure; do you, therefore, know that he had left
Lippa?—A. He did give no notice, but simply took leave of me; the exact
time I don’t remember.
Ignaz Langleben, a resident of Lippa, and
servant at the Israelitic congregation:
Q. Do you know Harry Rice?—A. Yes.
Q. Have you information when Harry Rice left Lippa for America?—A. It
is about the fifth year, and may coincide with the time of arrival
of the new choir-leader, for I do not remember that he was in the
synagogue under the new choir-leader. Then I suddenly heard that he
had gone to America. Being old, and not having a good memory, I
don’t recollect the year or the month in which the new choir-leader
came to Lippa. Harry Rice was in the synagogue after his return.
Ignaz Jellinek, resident and tradesman of
Lippa, communicates the following in this case:
In the period while I was in business Harry Rice was with me for
three years as an apprentice. He came to me in 1878 and his contract
expired in 1881. Toward the close of the third year, namely, in the
beginning of 1881, he requested me to dismiss him before the time,
as he designed to go to America, and so I dismissed him then, at the
beginning of 1881, about three weeks before the expiration of his
term. At his departure I remember to have given him a
testimonial.
The protocol is closed and undersigned.
Date as above.
For the correctness of the translation:
J. MARSCHALKÁS,
Sworn court
interpreter for the Hungarian
language.
[Page 26]
[Inclosure 10 in No.
78.—Translation.]
Extract from the register of births.
| No. |
Name of the child. |
Date and year of birth. |
Sex. |
|
Names of parents. |
|
|
|
|
|
Father. |
Mother. |
| 2 |
Hinrich Reisz |
Jan. 17, 1864 |
Male |
Legitimate |
Maritz Reisz |
Salé Kohn. |
| Residence of parents. |
Name of midwife. |
Day and year of circumcision. |
Name of the circumciser. |
Witness. |
| Lippa |
Helen Verle |
Jan. 24, 1864 |
Ignaz Blatuer |
Wilhelm Winternitz. |
- LEOPOLD ARNSTEIN,
Presiding
Officer. - JACOB LICHTER,
Recording
Clerk.
Lippa, October 1,
1883.
[L. S.]
For the correctness of the copy vouches the imperial royal ministry
of foreign affairs.
GENTANOUSKÉ,
Assistant
Director.
Vienna, April 16,
1885.
[
official
seal.]
[Inclosure 11 in No. 28.]
Mr. Francis to
Baron Pasetti.
Legation of the United States,
Vienna, April 18,
1885.
Your Excellency: I have the honor to
acknowledge the receipt of your excellency’s note, No. 9005–7, of the
date of April 15, 1885, together with an inclosure embracing evidence
relative to the case of Harry Rice, arrested at Lippa, in Hungary, in
February last, charged with owing military service to the Imperial Royal
Government.
In response to the request contained in the note of your excellency I
shall, upon receipt of information from my Government, hasten to
communicate to the imperial royal ministry “the results of the events”
regarding this affair as instruction may be given me thereon.
I avail, &c.,
[Inclosure 12 in No. 78.]
Mr. Rice to Mr.
Francis.
Sir: Your letter of the 11th instant I have
received. In reply I have to say that the information you received that
I left Lippa in the year 1881 is not true, and I can prove it to
you.
The second information, stating that I was born on the 17th January,
1864, is true, and I will inform you how I received my citizen
paper.
It was before the election of Grover Cleveland when I went to the
Democratic headquarters, and told them I want to leave the United States
for a visit to Europe. I am in this country five years, but I am not
quite twenty-one years of age.
The clerk who was there that time went to some gentleman there and came
back and gave me a card, stating that I should go to the judge, when I
would receive my papers. But then I considered and did not go there; for
the first thing I did not want to vote false, and, second, I was a
Republican.
[Page 27]
On the 15th of December I received a letter, when I had to go Europe, and
on the 19th I received my (naturalization) paper. Then again something
happened, and I could not leave on that day, so I left two weeks later;
it was in January.
This is the whole fact, which I notify you now. The whole difference
between my twenty-first birthday is only a few days, which may be in the
law a good deal.
I will go to the gentleman I was employed last, and will ask him to give
me a statement when I left Lippa.
This is all I can notify you, and all I know. If you, dear sir, can help
me out of this case, I would be greatly obliged to you, as I lose lots
if I cannot go back any more.
Hoping you will pardon the mistake I made and not withdraw your help,
I remain, &c.,
