Mr. Grant to Mr.
Blaine.
Legation of
the United States,
Vienna, August 18, 1891.
(Received September 3.)
No. 183.]Sir: I have the honor to report the case of Alfred
Janowitz, a naturalized citizen of the United States, who has been summoned
to appear before a military commission in his native village, Lublo,
Hungary,
[Page 22]
but who has since been
released from the liability of being called upon for military duty in this
country and has, I understand, returned to America.
Mr. Janowitz called at this legation upon June 30 last, and stated that he
was desirous of returning to Lublo for a short time to pay a visit to his
parents, and that he wished to ascertain whether or not he could make the
visit to his native place without danger of molestation or being forced into
the army of this Monarchy.
By questioning Mr. Janowitz I learned from him that he was born at Lublo,
Hungary, August 9, 1865; that he arrived in New York July 7, 1883; was
naturalized before the superior court of New York city July 18, 1888; that
he was bearer of passport No. 26022, issued by the State Department at
Washington on April 29, 1891; that he left New York May 19, 1891, to make a
short visit to his parents at Lublo, where he intended to stay during the
summer and then to return to America in September.
After gaining the above information I told Mr. Janowitz that, while I was
unable to promise him immunity from molestation by the local authorities of
his native district, I could assure him that this legation would, in case of
his being interfered with, protect him in every way possible, and I advised
him, should he be troubled in any way by anyone, to telegraph the fact to
this legation, and that he would receive immediately the proper
protection.
Mr. Janowitz, seeming to be satisfied with these assurances of protection,
took his leave, and I heard nothing further from him until the morning of
July 4, when I received his dispatch (inclosure No. 1), which contained the
statement that he had been summoned to appear before the military commission
at Lublo and he begged for the interference of this legation in his behalf.
I telegraphed to Mr. Janowitz in reply (inclosure No. 2), to appear before
the commission, produce his passport, and to frankly state his case. Upon
the 5th of July I received a letter from Mr. Janowitz (inclosure No. 3), in
which he said that the time of his reappearance before the military
commission had been postponed until the 20th of July. I, therefore, at my
leisure, wrote a note on the 8th of July (inclosure No. 5) to the minister
of foreign affairs, which I delivered in person to Count Welsersheimb at the
foreign office. The count, after reading my note and listening to my
personal explanation of the case of Mr. Janowitz, assured me that he would
telegraph immediately to Lublo, and upon the following day, the 9th of July,
I received a note from the foreign office (inclosure No. 6) which stated
that the ministry of foreign affairs had taken steps, in conformity with
article No. 11 of the treaty of September 20, 1870, to insure Mr. Janowitz
such treatment from the Hungarian authorities as to relieve him from
military duty. A copy of this note was immediately forwarded to Mr. Janowitz
(inclosure 7). Later I understand that Mr. Janowitz returned to the United
States.
Connected, I inclose herewith copies of all the correspondence in this case,
and venture to hope that the Department of State will approve of the action
of this legation in the matter.
I have, etc.,
[Inclosure 1 in No.
183.—Telegram.]
Mr. Janowitz to Mr.
Grant.
As you advised me, I beg leave to inform you that I was officially
requested to appear before the military commission July 6. Kindly assist
and inform me and oblige,
[Page 23]
[Inclosure 2 in No.
183.—Telegram.]
Mr. Grant to Mr.
Janowitz.
Appear before the military commission as requested, show your passport,
and frankly state your case. If you are arrested or further disturbed,
let me know all the particulars.
Grant,
United States Minister.
[Inclosure 3 in No. 183.]
Mr. Janowitz to Mr.
Grant.
In pursuance to my dispatch of this morning, in which I stated that I
have been officially ordered to appear before the military commission in
Leutschau, the capital city of this comitat, on July 6, I take leave to
inform your excellency that I have postponed this matter to the 20th of
July and was obliged to give bail to the amount of 1,000 florins. All my
efforts to explain to the mayor of this city that, according to article
43 of the agreement of 1871 between the United States and
Austria-Hungary, they have no authority to proceed against me were in
vain. Allow me to state that the officials of this community are not
aware of the existence of this agreement, and have consequently sent
this matter to a higher authority.
I therefore, upon your own advice, ask for your aid and protection, as
well as your kind information what I am to do.
I do not wish to impose upon your excellency, but would beg you to act in
this matter at your earliest convenience, for I would like to return to
New York as soon as possible, and while in trouble here would be
prevented from going there. By doing so you will confer a great favor
upon a faithful American citizen.
Very respectfully, yours,
[Inclosure 4 in No. 183.]
Mr. Janowitz to Mr.
Grant.
Allow me, your excellency, to thank you for your prompt and kind
information, and at the same time allow me to state that I will act
accordingly, unless your excellency should find it possible to avoid my
going before the military commission on July 20, for the simple reason
that when once in the hands of those authorities it is troublesome to
get a speedy relief.
Should your excellency, however, find it possible to aid me in that
respect also without having any extra trouble, you will oblige me very
much by keeping me informed on this subject.
Your obedient servant,
[Inclosure 5 in No. 183.]
Mr. Grant to Count
Kalnoky.
Legation of the United States,
Vienna, July 8,
1891.
Your Excellency: I have the honor to place
before your excellency the following case of a naturalized American
citizen of Austrian birth, Mr. Alfred Janowitz, who at present is
visiting his native town of Lublo, Hungary. Mr. Janowitz informs me in a
letter, dated July 3, that he has been ordered to appear before the
military commission at Leutschau, Hungary, upon July 6. The authorities,
however, have postponed the time for his appearance before the
commission to July 20. In the meantime Janowitz says he is obliged to
give bail in the sum of 1,000 florins.
For your excellency’s information, I respectfully state that Mr. Janowitz
was born
[Page 24]
at Lublo, Hungary, on
the 19th of August, 1865; he emigrated to the United States in 1883,
arriving in New York upon the 7th of July of that year; he became a
naturalized citizen upon the 18th of July, 1888, at New York city; and
is now bearer of passport No. 26022, issued by the Department of State
at Washington, and dated April 29, 1891. Mr. Janowitz left the United
States on the 19th of May, 1891, to pay a short visit to his old home
and to see his parents; he informs me that he intends to return to
America next September.
Having respectfully placed the facts in this case before your excellency,
I earnestly request that your excellency will cause such steps to be
taken as to relieve Mr. Janowitz from further interference by the local
authorities of Lublo.
I am, etc.,
[Inclosure 6 in No.
183.—Translation.]
Count Welsersheimb
to Mr. Grant.
Ministry of Foreign Affairs,
Vienna, July 9,
1891.
In reply to the esteemed note of the 8th instant, No. 81, the imperial
and royal ministry of foreign affairs has the honor of informing the
honorable envoy of the United States, Col. F. D. Grant, that immediate
steps have been taken in order that the naturalized citizen of the
United States, Alfred Janowitz, be accorded such treatment on the part
of the Hungarian authorities, as not to render him liable to military
service in conformity with article 2 of the treaty of September 20,
1870.
To this end it will be necessary, however, for Mr. Janowitz to produce
the documents (passport, naturalization certificate) upon which his
claim is based to be treated according to the provisions of said
treaty.
While the undersigned leaves it to his excellency the United States
minister, to acquaint Mr. Janowitz of this communication, he avails
himself at the same time of the occasion to renew the expression of his
most distinguished consideration.
Welsersheimb,
For the Minister of Foreign
Affairs.
[Inclosure 7 in No. 183.]
Mr. Grant to Mr.
Janowitz.
Legation of the United States,
Vienna, July 9,
1891.
Sir: Yesterday I called at the ministry of
foreign affairs here and placed a written statement of your case in the
hands of the minister, who promised me that he would make inquiries into
your case by writing to the authorities at Lublo.
Yours, respectfully,
P. S.—Before I had time to send the foregoing letter to the
post-office I received a note from the ministry of foreign affairs,
which, translated, reads as follows: [Here follows a copy of
inclosure No. 6.]
[Inclosure 8 in No. 183.]
Count Welsersheimb
to Mr. Grant.
Ministry of Foreign Affairs,
Vienna, July 18,
1891.
Sir: In pursuance of the note of July 9, the
imperial and royal ministry of foreign affairs has the honor to inform
the honorable envoy of the United States, Col. F. D. Grant, that the
competent authorities of Hungary have been instructed to discontinue
further steps, for the present, leading to the performance of military
duty of Alfred Janowitz, a naturalized citizen of the United States.
[Page 25]
A final decision in this case, however, can not be given until the
documents are produced of which mention was made in the note of July
9.
Anticipating an early receipt of these papers, the undersigned has the
honor of renewing at the same time the expression of his most
distinguished consideration.
Welsersheimb,
For the Minister of Foreign
Affairs.
[Inclosure 9 in No. 183.]
Mr. Grant to Mr.
Janowitz.
Legation of the United States,
Vienna, July 21,
1891.
Sir: With reference to my letter of the 9th
instant, I have to inform you that I have received a note from the
ministry of foreign affairs stating that the competent authorities of
Hungary have been instructed not to call upon you for the present to
fulfill your military duty, but that a final decision of your case can
not be given until you present to the authorities your passport and
naturalization certificate, upon which your claim is based, to be
treated according to the provision of article 2 of the treaty of
September 20, 1870, between the United States and Austria-Hungary.
You should accordingly, without delay, appear before the proper
authorities at Lublo and submit evidence in question.
Very respectfully,
[Inclosure 10 in No. 183.]
Mr. Janowitz to Mr.
Grant.
With these lines I intend nothing else, but thank your excellency for
your prompt and able defense and protection in my case, and would only
beg to be excused for not doing so any sooner as I have been absent for
the past two weeks and only arrived here this morning.
At this occasion I take liberty to state that instructions have reached
the authorities here (undoubtedly through your action) as to which I am
not obliged to show my passport, etc., also that the bail which I was
compelled to furnish be returned to me; but being that said bail was not
furnised in cash, and merely a bond signed by a property-owner (my
father), and myself also, this document had to be sent to higher
authority, as I was told.
I further take leave to state that I will depart from here to New York on
the 4th of August, and would naturally not like to leave here before
this affair is entirely settled; in short, before I have this bond out
of the hands of these authorities.
Likely through your excellency’s intervention I will be greatly
benefited, and if so possible, you will confer a great favor upon your
excellency’s obedient servant,
[Inclosure 11 in No. 183.]
Mr. Janowitz to Mr.
Grant.
In reply to your favor of the 21st instant, I beg leave to state that,
according to your instruction, I have called at the city captain’s
office this morning, this being the proper authority for military
affairs here, showing him my passport, etc., but he declared that his
inspection of these documents is insufficient and furthermore not
necessary unless he is called upon to do so.
He also informed me that the whole affair is presently suspended, and
will be settled in diplomatic ways, but, however, thinks that I will
shortly be requested to show my documents at higher authority.
[Page 26]
Allow me, your excellency, to draw your attention once more to the fact
that I can not postpone my departure for New York, and will therefore
leave here on the 4th of August, and hope that I can do so without delay
and trouble.
Your obedient servant,
[Inclosure 12 in No. 183.]
Mr. Grant to Mr.
Janowitz.
Legation of the United States,
Vienna, July 26,
1891.
Sir: Your letter of the 24th instant is
received. I do not believe that you will have any trouble when you wish
to leave this Monarchy; the difficulty has been to prevent the
authorities from expelling you before you wished to go.
Yours, very truly,
