No. 12.
Mr. Lee to
Mr. Bayard.
Legation of
the United States,
Vienna, October 4, 1886.
(Received October 25.)
No. 211.]
Sir: I have the honor to report that a short time
since I received from Mr. Antonio Chirighin a petition, asking for the
protection of the United States against an order of expulsion, a copy of
which is inclosed, with a translation.
I also inclose a copy of a note which I at once addressed to the foreign
office here, and to which I have as yet received no answer.
The inclosures present all the material facts as far as I have been made
acquainted with them.
* * * * * * *
The order of expulsion admits the fact of American citizenship, and, by
giving the alternative of leaving the country or reassuming the former
status of Austrian citizenship, seems also to admit not only that Mr.
Chirighin has committed no offense against the laws of the Empire since his
return, but that he is a desirable person to have as a citizen.
His only offense appears, from these papers, to be that he became an American
citizen without having fulfilled the obligations of the Austrian
conscription laws, and returned to his former home.
The difficulty and delicacy of this class of cases arises from the undoubted
legal rights possessed here by the chief local officers to decree, in the
exercise of their police duties, the expulsion of any foreigner who
disturbs, or who they believe will disturb, the public weal.
While I should not feel disposed to dispute the right of one government to
expel the citizens of another country for cause, I do not see that we can
accept as sufficient cause the doing of acts which our treaty provides shall
be legal.
The order having been brought to my official notice, I deemed it proper to
assert, in the broadest way, our treaty rights, * * * and I hope that the
course pursued may meet with your approval.
I have, etc.,
[Inclosure 1 in No.
211.—Translation.]
Order of expulsion of A. Chirighin.
To Antonio Chirighin, of Girolomo, Merce:
As a result of the suggestion of the 3d of September, 1836, which
contained four propositions, the I. and R. district captain decides to
inform you that, according to the interpretation of the last line of
Article II of the state treaty of 20 September, 1870, B. L. I., 1871,
No. 74, no penal procedure will be taken against you concerning your
military (conscriptional) duties.
[Page 14]
Considering, however, that the obtaining of the rights of American
citizenship does not exclude the idea (point) that it was but a
subterfuge to release you from the duties of the conscription which were
imposed upon you by law as a citizen of Austria;
In View that the adoption of such a course might serve as a public
scandal and suggest to others to follow the bad example:
I, by these presents, invite you to take immediately the steps necessary to reacquire your original
(ancient) citizenship, and subsequently to present yourself voluntarily
to answer the requirements of the law of conscription, or, on the other
hand, to quit the countries represented in the councils of the Austrian
Empire; to which end I name the 1st day of October of this year as the
last day for your sojourn in those countries; this date having elapsed
without your having departed, it will become my duty to proceed, out of
respect for the public order, against you according to the fifth line of
paragraph 2 of the law of July 27, 1871 (B. L. I., No. 88); that is to
say, I must proceed to your expulsion from the above-named
countries.
The inclosed 38 soldi are the residue of the money paid by you in advance
for the purpose of telegraphing to the gendarmerie at San Pietro.
Spalato, 3 September,
1886.
The I. and R. district captain,
Truxa.
Here follows a certificate that the above is a true copy.
[Inclosure 2 in No. 211.]
Mr. Lee to Count
Kalnoky.
Legation of the United States,
Vienna, September 25,
1886.
The chargé d’affaires ad interim of the United
States of America has the honor to invite the attention of his
excellency Count Kalnoky, imperial and royal minister of foreign affairs
and of the imperial household, president of the council, to the inclosed
copy of an order of expulsion addressed to Mr. Antonio Chirighin, a
naturalized citizen of the United States.
According to Mr. Chirighin’s statement to this legation, he, an Austrian
subject, left his country in 1868, emigrated to the United States, and
after a residence of eleven years was naturalized and became a citizen
of the United States;
Having some family business to attend to at Merce, in the island of
Brazza, Dalmatia, he returned to Austria-Hungary, apparently quite
recently, as his passport is dated at Washington, July 26, 1886.
His conduct does not appear to have been in any manner subject to
criticism, and his only offense, as your excellency will see by the
inclosed order of the local authorities, seems to have been that he has
availed himself of the privileges distinctly accorded to the subjects of
Austria-Hungary by the convention between Austria-Hungary and the United
States of 1870 relating to naturalization.
The undersigned believes that on an examination of the subject his
excellency the imperial and royal minister of foreign affairs will cause
to be issued such instructions as will secure to Mr. Chirighin such
hospitality and protection as is accorded by the United States to
subjects of Austria-Hungary visiting that country for purposes of
business or pleasure, and such as will enable him to transact freely and
fully that business which caused his visit to the province of
Dalmatia.
The undersigned avails, etc.,
