Mr. Lawton to Mr.
Bayard.
Legation of
the United States,
Vienna, March 2, 1889.
(Received March 16.)
No. 121.]
Sir: I have the honor to inclose herein
correspondence had between this legation and the imperial ministry of
foreign affairs in relation to the sentence of banishment of Hugo Klamer, a
citizen of the United States by naturalization, but born in Austria. The
letter from this legation, the reply of the ministry of foreign affairs, and
the decree of the imperial police, set forth the facts of the case with
sufficient clearness to make unnecessary any further statement of them. It
is understood that Klamer is still here, not further disturbed by the
authorities, and the appeal from the decree of the imperial police not yet
disposed of. As this condition of things may last for several weeks, perhaps
months, I have thought it best to inform the Department of State of the
present aspect of the case.
I take leave to add, by way of further explanation, that this legation made
the suggestion in letter dated January 25, 1889 to the imperial ministry, of
a temporary suspension of harsh action against Klamer (without waiving any
rights on either side) because it was represented by Klamer that it would be
well nigh ruinous to him to depart from Austria at the time named to him by
the imperial police. The hearing on the appeal has probably not been pressed
by either party, and this legation awaits further action in the
premises.
I am, etc.,
[Page 22]
[Inclosure 1 in No. 121.]
Mr. Lawton to Count
Kalnoky.
United
States Legation,
Vienna, January 25,
1889.
Sir: I beg to call your excellency’s attention,
and to invoke your intervention the same, to the present condition of
Hugo Klamer, a citizen of the United States, who is now temporarily in
Vienna. The said Hugo Klamer was born in Vienna in 1859; emigrated to
the United States in 1873, at fourteen years of age, and was there
naturalized as an American citizen on August 20, 1883. He was in Vienna
on a visit to his father, when the father died in December, 1887, which
prolonged the stay of the son, and he remained here to attend to the
settling up of his father’s estate, intending to leave for the United
States again in August, 1889. While he was in Vienna, February 11, 1888,
Klamer obtained a renewal of his passport from this legation.
On the 15th of the present month (January) the imperial royal police
director issued a decree in accordance with the provisions of the penal
code of 1852 (paragraph 323), as the decree alleges, permanently
expelling the said Klamer from all the kingdoms and countries
represented in the Reichsrath, as will more fully appear by reference to
an English translation of said decree, which I have the honor to
inclose.
Klamer has been officially informed that he must depart on or before the
27th of the present month, and that his permanent expulsion has been
decreed because he is considered a fugitive, who emigrated to the United
States for the sole purpose of evading military duty in Austria, and who
became an American citizen without having first obtained the consent of
the Imperial Government of Austria.
I take leave to call your excellency’s attention to the terms of the
expulsion, which go beyond the ordinary exercise of the police power of
a Government, and give the precise reasons for this expulsion, and show
that it was intended as a punishment of the said Hugo Klamer, for an
alleged offense committed at or before he was fourteen years of age.
Your excellency will pardon me for calling your attention to the second
article of the treaty of 1870, between Austria and the United States;
and especially to the last clause of that article, which seems to
negative in express terms the liability of Klamer to “trial and
punishment” under these circumstances.
But for the present, without asking the imperial royal ministry of
foreign affairs to waive any rights which it claims under their
interpretation of the treaty, and without waiving by this legation any
rights which the Government of the United States claims under its
interpretation of the same, the time being so near at hand when Klamer
is required by the police decree to leave the Empire of Austria, and the
important business in Vienna cast upon him by the death of his father,
requiring his present attention to prevent serious loss to himself and
others, and in view of Klamer’s declared intention to leave for America
on the 1st of August next, I respectfully ask of the imperial royal
minister of foreign affairs that the police order as to Hugo Klamer be
suspended until the 1st of August, 1889. In the meantime this legation
will be pleased to exchange views as to the questions involved with the
imperial and royal ministry of foreign affairs.
I have, etc.,
[Inclosure 2 in No.
121.—Translation.]
Decree.
The imperial royal police director hereby issues the following decree
granting the right of appeal upon the basis of the law of July 27, 1871,
R. G. B. 88, paragraphs 2 and 5:
Hugo Klamer is hereby, in accordance with provisions of the penal code of
1852 (par. 323), permanently expelled from all the kingdoms and
countries represented in the Reichsrath, and this from considerations of
public order and on the ground of the provisions of paragraph 2, chapter
5, of the law of July 27, 1871, R. G. B., 88.
(Signed)
Krauss, M. P.
Vienna, January 15,
1889.
[Inclosure 3 in No.
121.—Translation.]
Mr. Pasetti to Mr.
Lawton.
Vienna, January 27,
1889.
The imperial royal ministry of foreign affairs had the honor of receiving
the esteemed note numbered F. O. 52, under date of January 25, 1889, in
which the honorable envoy of the United States refers to the expulsion
of Hugo Klamer, a naturalized citizen of the United States, and has
placed itself immediately in communication with the competent
authorities in order to effect a decision in regard to granting a
postponement.
While the ministry of foreign affairs will make further communication’-to
the honorable envoy on this matter at some later period, it can not
refrain from pointing to facts which have already been learned on hasty
inquiry.
Hugo Klamer had received three calls for military duty in Austria before
acquiring United States citizenship, and was therefore fully aware of
the obligations which he owed to his native country; he absolutely
failed, however, to answer the calls made upon him. It has, furthermore,
been proved that Klamer came to Vienna as early as 1885 to visit his
father, and that after his father’s death in December, 1887, he had his
name inscribed at the register of the chamber of commerce and board of
trade, a proceeding which points to an intention on his part of settling
permanently in Vienna.
Nor will Klamer be punished for an offense committed by him when fourteen
years old, or for non-fulfillment of military duty, which renders futile
his appeal to Article II of the treaty of September 20, 1870, between
the United States and Austria-Hungary.
His expulsion is decreed on the ground of public order, a right which
every Government must reserve for itself.
The statement of Klamer that he is to be obliged to leave Vienna on the
27th instant, rests upon a misconception, as, having made an appeal
against his expulsion, which is now under consideration before the
competent tribunal, it could not be carried into execution before a
decision has become known whether the appeal has been granted or
refused.
Of this the consulate-general has been informed by the chief of
police.
While the undersigned hopes that these intimations will not fail to make
the affair appear in its true light, he avails himself, etc.
For the minister of foreign affairs.
