Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1890

Mr. Grant to Mr. Blaine .

Legation of the United States,
Vienna , January 18, 1890. (Received February 8.)

No. 57.]

Sir: I have the honor to inclose herewith a copy of the translation of a note which I received yesterday from Baron Pasetti, chief of section of the ministry of foreign affairs. This is in reply to a note which I addressed to Count Kalnoky, under date of October 5, 1889, upon the subject of the arrest, at Wolfurt, Austria, of Mr. Frank Xavier Fisher, a naturalized citizen of the United States. I inclosed to you, in my dispatch No. 37, under date of October 10, 1889, a copy of my note to Count Kalnoky, which was written in compliance with your instruction No. 21, under date of September 19, 1889.

In the copy of the complaint, which was inclosed in your instruction No. 21, Fisher states that he was arrested on the evening of August 21, and was thrust into jail, where he was detained until the morning of August 22. He also states that when he was arrested he informed the local authorities at Wolfurt that he was an American citizen, which fact he offered to prove by showing his passport, which they refused to examine. Baron Pasetti states in his note that the local authorities at Wolfurt or Bregenz say in their report to the minister of foreign affairs that Fisher was arrested and questioned as to his “liability to military duty, and was transported on the same day to the district authorities at Bregenz. Not proving his American citizenship, he had to be confined in order to prevent his escape.”

“On the following day he [Fisher] was examined as early as 7 o’clock in the morning, and having shown by producing his passport that he was a United States citizen, which fact was also proved by the records, which showed that his name was struck from the list of those who were liable to military duty, according to the provisions of the treaty of September 20, 1870, he was immediately set at liberty.”

I think that the local authorities at Wolfurt should have made an investigation as to whether Fisher had violated their laws before arresting him, and that the arrest and confinement in a common jail of an American citizen, with the mere explanation that it was too late in the afternoon or evening to investigate thoroughly his case, is a very serious matter, especially as reference to their own records would have shown them that Fisher was not liable to military duty.

I have, etc.,

F. D. Grant.

[Inclosure in No. 57—Translation.]

Baron Pasetti to Mr. Grant.

Vienna , January 15, 1890.

The imperial royal ministry of foreign affairs has not failed to communicate to the imperial royal ministry of the interior the complaint made by Franz Xavier Fischer, a citizen of the United States, regarding his arrest by the imperial royal authorities at Wolfurt, and to request that steps be taken in order to have a frill report on this case.

The above-mentioned ministry now sends information that the following is the result of the investigations which were made:

Franz Xavier Fischer, after his arrival at Wolfurt on the 21st of August last, was questioned by the police as to his liability to military duty, and was on the same day transferred to the district authorities at Bregenz. As he did not prove his American citizenship, he had to be placed in confinement in order to prevent his escape.

On the following day he was examined as early as 7 o’clock in the morning, and having shown, by producing his passport, that he was a United States citizen, which fact was also proved by the records, which showed that his name was struck from the list of those who were liable to military duty, according to the provisions of the treaty of the 20th September, 1870, he was immediately set at liberty in conformity with Article II of the above mentioned treaty.

An excuse for this deplorable occurrence may be found in the circumstance that Mr. Fischer’s transfer to the district authorities took place at such an advanced hour of the evening that the officials were unable to make the necessary investigations and to ascertain his American citizenship; otherwise be would not have been detained longer than it was necessary, as is shown by the course of the official proceedings.

The ministry of the interior has nevertheless thought proper to admonish the officials connected with Fischer’s arrest, inasmuch as inattention to duty is to be imputed to them.

While the undersigned has the honor of bringing the foregoing to the knowledge of the honorable envoy extraordinary and minister plenipotentiary of the United States of America, Col. Frederick D. Grant, be begs to avail himself, etc.,

(For the minister of foreign affairs.)

M. Pasetti.