No. 9.

Mr. Francis to Mr. Bayard .

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.,

JOHN M. FRANCIS.
[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.

M. PASETTI.
[Inclosure 2 in No. 78.]

Mr. Francis to Baron Pasetti .

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.,

JOHN M. FRANCIS.
[Inclosure 3 in No. 78.]

Mr. Francis to Count Szögyényi .

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.

JOHN M. FRANCIS.
[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.


[Seal of circuit court Cook County, Illinois.]
HENRY BEST,
Clerk.
[Inclosure 7 in No. 78.]

Mr. Francis to Baron Pasetti .

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.,

JOHN M. FRANCIS.
[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.

JAMES LICHTER
.

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 LANGLEBEN
.

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.

IGNAZ JELLINEK
.

The protocol is closed and undersigned.

Date as above.

KABDEBO
,
Judge.

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.


[L. S.]

For the correctness of the copy vouches the imperial royal ministry of foreign affairs.

GENTANOUSKÉ,
Assistant Director.


[official seal.]
[Inclosure 11 in No. 28.]

Mr. Francis to Baron Pasetti .

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.,

JOHN M. FRANCIS.
[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.,

HARRY RICE.