Mr. Blaine to Mr. Grant.

No. 45.]

Sir: I have received your No. 57, of January 18, 1890, touching the case of Frank Xavier Fischer, an American citizen. The statements of Baron Pasetti’s note confirm the Department’s previous presentation of the matter, and show that Mr. Fischer was thrown into jail at Wolfurt, Austria, on the evening of August 21, 1889, where he was confined until the next day, when he was liberated.

The explanation of the local authorities for their hasty action is not altogether satisfactory. As you very properly remark, “the local authorities at Wolfurt should have made an investigation as to whether Fischer 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 Fischer was not liable to military duty.”

You may address the minister for foreign affairs in the sense of your comment upon the incident and suggest that such regrettable occurrences, involving violent and unnecessary interference with the liberty of an American citizen in contravention of treaty, might be averted by a simple preliminary investigation of the facts. Mr. Fischer was doubtless as able and ready to prove his citizenship and exemption from military service when arrested as he was the day after a night’s imprisonment.

I am, etc.,

James G. Blaine.