Mr. Lawton to Mr.
Blaine.
Legation of
the United States,
Vienna, April 13, 1889.
(Received April 27.)
No. 128.]
Sir: I have the honor to inclose copies of further
correspondence with the ministry of foreign affairs relative to the
banishment of Hugo Klamer from the Empire of Austria-Hungary, it will be
discovered that when I received the “additional information,” including
action on the appeal and the grant of leave to Klamer to remain here one
month longer than he had asked for, as shown by my first letter to the
ministry, there was no further interference with the liberty of the citizen
of the United States which presented any case for a demand at present. But
it seemed to me that the correspondence should not cease, even for a limited
time, without a re-assertion by this legation of the principle involved, and
of the construction given by the United States Government to the treaty of
1870. Perhaps the correspondence will now be discontinued.
I am, etc.,
[Inclosure 1 in No.
128.—Translation.]
Mr. Krauss to Mr.
Jussen.
Office
of the Chief of Police at Vienna,
March, 28, 1889.
Sir: Supplementary to my letter of January 22
(No. 5,534), and in reference to the esteemed favor of January 26 (No.
4,150), treating of the expulsion of Hugo Klamer, I have the honor to
inform you that the provincial government of Lower Austria, by decree
dated March 12 (No. 5,214), makes known to this department that the
appeal of Hugo Klamer against decision of January 15 (No. 350) has been
rejected, as the measures taken by the police appeared to be fully
sanctioned by the laws.
In view of family matters deserving consideration, a respite, however,
has been granted to Klamer, and the date at which the expulsion is to
take place has been postponed until September 1, 1889.
Of this decision Klamer has been informed this day by letter (No.
22376/3772)with the additional information that the provincial
government of Lower Austria has instructed the police department to
explain to Klamer that the carrying out of the provisions of paragraph
2, section 5, of the law of July 27, 1871, R. G. B. No. 88, rendered
imperative in the present instance for the good of the public, is not to
be regarded as a “punishment” in the legal sense of the term, and that
consequently the measures which the police took were by no means
rendered questionable by the treaty of September 20, 1870.
With assurance, etc.,
[Inclosure 2 in No.
128.—Translation.]
Mr. Pasetti to Mr.
Lawton.
In addition to the information forwarded by the ministry of foreign
affairs under date of January 27, 1889, and numbered 2304, relative to
the expulsion of Hugo Klamer, the ministry now has the honor of
informing the honorable envoy of the United States that this matter has
undergone of late another investigation, and that the appeal made by
Hugo Klamer against the decision of the director of police has been
rejected, as this decision has been found to be in conformity with law,
but that, in consideration of family affairs, a respite has been allowed
up to September 1, 1889, of which fact Klamer has been already advised
by the police.
The undersigned avails, etc.,
For the minister of foreign affairs.
[Page 25]
[Inclosure 3 in No. 128.]
Mr. Lawton to Count
Kalnoky.
Legation of the United States,
Vienna, April 12,
1889.
The minister of the United States has the honor to acknowledge the
receipt of the note of the imperial royal ministry of foreign affairs,
dated April 7th, 1889, giving additional information relative to the
expulsion of Hugo Klamer, and more especially that the appeal of Klamer
from the decree of expulsion pronounced by the director of the imperial
police had been rejected, but that in consideration of family affairs a
respite had been allowed up to September 1, 1889, of which fact Klamer
had then been advised by the police. The minister begs to acknowledge
the courtesy shown in extending the time of Klamer’s stay in Vienna
beyond the period requested by this legation, pending the discussion of
the principle involved in this expulsion of an American citizen under
the circumstances of this case. Mr. Klamer may, for the present, give
attention to the pressing private business which detains him in
Vienna.
But while cheerfully acknowledging this courtesy, the minister of the
United States begs leave to recall and to adhere to the views expressed
in his note of January 25, 1889, in first presenting this case to the
imperial royal ministry, and as the action of the director of police has
been necessarially referred to by the imperial royal ministry in the
correspondence which this legation has had the honor to conduct on
behalf of the United States and the views of the director of police have
been made known by him to the consul-general of the United States and by
the consul-general officially transmitted to this legation, the minister
bogs leave to dissent from the views of said director that the expulsion
of Klamer was not intended as “punishment,” and respectfully submit that
the entire proceeding and correspondence seem to show that Klamer had
been expelled because it was alleged that he evaded his military duty
and fled from Austria for that purpose. This being the case, the facts
and suggestions contained in the letter of January 25, 1889, from this
legation attempted to show that it was quite impossible for Klamer to
have committed this offense at or before the age at which he left
Austria for the United States, and that he was protected by the
provisions of the treaty of 1870. The minister further begs leave to
call in the aid of the lexicographers to show that the word “punishment”
is the only one that can be properly used in connection with the action
of the police authorities and of the appellate court, to wit, “pain or
suffering inflicted on a person because of an offense committed, and in
the enforcement or application of law.”
The minister of the United States begs that this note be read in
connection with his former note, No. 52, of January 25, 1889, on this
subject, and avails, etc.,
