Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President, Transmitted to Congress, December 4, 1893
Mr. Grant to Mr. Gresham.
Vienna , April 11, 1893 . (Received April 29, 1893.)
Sir: I have the honor to forward herewith, for your information, the correspondence which has recently passed between this legation and the imperial and royal ministry of foreign affairs of Austria-Hungary upon the case of Edward Drueker, a naturalized citizen of the United States.
Drueker, upon his return to his native land, was arrested for non-fulfillment of his military duties, but through the intercession of this legation has been released.
I have, etc.
Mr. Grant to Count Welsersheimb.
Vienna , December 27, 1892 .
Your Excellency: This morning a man giving his name as Carl Drueker, of Strakonitz, Bohemia, called at this legation and stated to me that his son, Edward Drueker, had been arrested on Saturday a week ago, and confined in jail since that time, under the charge of not having reported himself for military duty. The father states that his son is an American citizen, and produced a certificate of naturalization for Edward Drueker, issued by the court of common pleas of New York, on the 21st of April, 1891. The father stated, also, that his son had emigrated to the United States in 1884, when he was 16 years old, that he had a passport from the imperial and royal authorities by which he was authorized to leave the Empire, and that he had returned to Bohemia, to his family, because of his own illness, which illness was a mental disorder.
As the case of Drueker seems to be, from what information I have upon the subject, a violation of the articles of the treaty of 1870, and as it appears to be of so serious a nature as to demand prompt action, I place his father’s statement before your excellency and respectfully request that your excellency will have the case investigated and such action taken as will cause the release of Drueker at as early an hour as possible.
The father stated that his son, Edward Drueker, was taken before the district court at Pisek, Bohemia, to-day.
I avail myself, etc.,
Count Welsersheimb to Mr. Grant.
Vienna , December 31, 1892 .
Sir: As a temporary reply to the esteemed note of the 27th of December, No. 155 relative to the arrest at Strakonitz of Edward Drucker, a naturalized citizen of the United States, on account of alleged noncompliance with the provisions of the military laws, the imperial and royal ministry of foreign affairs has the honor of informing the honorable envoy of the United States that the competent authorities have been directed to institute at once the necessary inquiries concerning this case, and to take, without delay, such measures as may be deemed proper to adopt, in view of his confinement.
While the undersigned reserves to himself the privilege of communicating the result of the steps undertaken, as soon as the same has become known, he avails himself, etc.,
For the Minister of Foreign Affairs
Count Welsersheimb to Mr. Grant .
Vienna , January 10, 1893 .
Sir: In pursuance of the note of December 31 last, relative to the recent arrest of Edward Drucker, a naturalized citizen of the United States, on account of alleged noncompliance with the provisions of the military laws, the imperial and royal ministry of foreign affairs has the honor of informing the honorable envoy of the United States that inquiries made by the imperial royal ministry of justice brought to light the following facts:
On the ground of information given by the district captain of Strakonitz, from which it appears that Edward Drucker, born at Strakonitz on June 14, 1869, emigrated to America eight years ago without any permit, thereby avoiding to render his military duty, the district court at Strakonitz took steps, according to paragraph 45 of the law of April 11, 1889, to commence proceedings against the above named, and, after a hearing, on December 17 he was placed in temporary arrest, according to paragraph 175, ad 2, and 178, S. P. O.
From the acts submitted to the State attorney at Pisek, and from statements made by Edward Drucker himself, it appeared that he was in America from August 26, 1884, to February 10, 1886; that he returned to his native land in March, 1886, and left again, without any permit, on March 26, 1887, remaining in America until August 21, 1892, when he returned to Strakonitz in September, 1892.
That Drucker had been naturalized in America was mentioned neither by him nor by his father, Carl Drucker; nor did subsequent interrogatories divulge the fact that he had acquired United States citizenship and that the provisions of the treaty of September 20, 1870, would apply to him, the more so as the dates as to his stay in America were furnished by him and were lacking authenticity.
Therefore Edward Drucker, on December 19 last, was remanded, according to paragraph 45 of the law of April 11, 1889, No. 41, conducted to the district court at Pisek, and sent to prison, which sentence was approved by the presiding judge of the district court at Pisek.
It was not until the 30th of last month that the defending attorney of Edward Drucker, Dr. Leopold Block, alluded to the American citizenship of the prisoner and motioned that the United States legation at Vienna should be placed in possession of Drucker’s documents. To this end the State attorney at Pisek adjourned the proceedings and Drucker was permitted, by order dated December 30, and on giving security, to leave the arrest.
While the undersigned reserves to himself the privilege of making further communications in the future respecting the proceedings instituted against Edward Drucker and the results obtained from the imperial royal ministry of justice, he avails himself, etc.,
For the Minister of Foreign Affairs.
Count Welsersheimb to Mr. Grant.
Vienna , January 20, 1893 .
Sir: In pursuance of the note of the 10th instant, relative to the recent detention of Edward Drucker, a naturalized citizen of the United States, for noncompliance with the military laws, the ministry of foreign affairs has the honor of transmitting herewith to the honorable envoy of the United States the acts received from the minister of justice, containing the report made by the attorney of State at Prague, corroborating in substance what had already been said in the above-mentioned note.
From this report it appears, to full evidence, that our authorities have proceeded in this case with perfect correctness and that Edward Drucker, even in case he turns out to be a naturalized citizen of the United States, which fact remains to be proven, must ascribe the consequences to his own neglect of having returned to his former home without first having advised the authorities of his change of citizenship and requested the canceling of his name from the conscription list; even going so far as to pass over in perfect silence the fact of his change of citizenship, when summoned before court, nor producing any legal proof of such fact until his lawyer suggested it at the trial and asserted that a naturalization document existed of the year 1892, which involves a contradiction, as the esteemed note of the honorable envoy, dated December 27 last, gives the year as being 1891.
In order to be able to bring the matter to a definite conclusion, it will be necessary to adduce authenticated evidence of Edward Drucker’s naturalization in the United States, and the ministry of foreign affairs therefore requests, in behalf of the ministry of justice, to make known, when returning the inclosed acts, whether Edward Drucker has applied to the United States legation for a certificate testifying as to the fact of his American citizenship.
The undersigned avails, etc.,
For the Ministry of Foreign Affairs.
The imperial and royal minister of justice to Mr. Grant.
In compliance with instructions of January 3, 1893, the undersigned incloses herewith copy of a note from the imperial and royal ministry of foreign affairs, a report of the State attorney at Pisek, and proceedings of court against Edward Drucker, for noncompliance with the military law of April 11, 1889.
report.
The state attorney at Strakonitz has lodged complaint, on December 17 last, at the district court in Strakonitz, against Edward Drucker, born in 1869, for noncompliance with the military laws, stating that he left for America eight years ago, without permit, avoiding to render any military duty; that he returned to Strakonitz without reporting to the authorities that his name was to be struck from the enlistment rolls. The district court commenced proceedings against Drucker, and suspecting him of intention to abscond he was temporarily put in jail.
The state attorney at Pisek, on December 19, 1892, instituted proceedings against Drucker and ordered him to be put in jail.
Neither at his first examination nor when he was informed of his pending arrest did he claim to be an American citizen, and it was not until December 30, when the trial took place, that the court received knowledge of that fact by his assertion that he had been uninterruptedly in America from April 4, 1887, to August 21, 1892, and that on the last-named day he had acquired American citizenship.
Dr. Bloch, his attorney, offering to adduce proof, the state attorney at Pisek adjourned proceedings in order that the truth of the statement regarding citizenship might be ascertained, and he was discharged from jail on the same day on pledging his word of honor. Whether the U. S. legation at Vienna was applied to for producing proof or not can be learned neither from the acts of the state attorney nor those of the court at Strakonitz.
The undersigned attorney of state is therefore of opinion that Drucker gives sufficient grounds for action, and that his being remanded is on legal grounds, the [Page 4] more so, as he failed to state at the time of his arrest and first examination that he had been naturalized, and that his ease came under the provisions of the treaty of September 20, 1870.
The undersigned, state attorney, therefore proposes that in case your excellency makes no other dispositions, and in view of Drueker’s discharge from jail, to direct the state attorney at Pisek to withdraw the charges, after receipt of information from the U. S. legation at Vienna corroborating Drueker’s statements, or, in case of the contrary, to plead for resumption of proceedings.
To the State Attorney:
In compliance with instructions of January 5, I beg to return herewith the acts in the case of Edward Drueker, charged with violation of the military laws.
Information given by the district captain at Strakonitz on December 17, 1892, showed that Edward Drueker, born June 14, 1869, at Strakonitz, left for America, without permit, eight years ago, having rendered no military duty, and the district court at Strakonitz, having examined Drucker’s case of violation of the law of April 11, 1889, remanded him to jail on December 17, 1892.
Investigations made have shown that after Drueker had been in America from August 26, 1884, until February 10, 1886, he returned to his home in March, 1886, and left again, without permit, on March 26, 1887, for America, where he remained until August 21, 1892, and arrived in Strakonitz September, 1892.
That he had acquired American citizenship was mentioned neither by him nor by his father, who is also complicated in the ease, nor have subsequent investigations brought to light any circumstances showing him to have been naturalized and that the treaty of September 20, 1870, was applicable to his case, the more so, as all the data relating to his stay in America were obtained solely from his own statements and were left without proof.
Drueker was therefore remanded to jail on December 19, 1892. At the main trial on December 30, 1892, the defending attorney, Dr. Bloch, referred to Drucker’s American citizenship and pleaded that recquisition be made to the U. S. legation at Vienna for documentary evidence. The prosecution thereupon adjourned, and Edward Drueker was discharged from jail on December 30, 1892, on pledging his word of honor.
The instruction telegraphed by the ministry of justice to the state attorney on January 3, 1893, to make a report, was complied with and must have come to hand on January 4.
Drucker’s discharge from jail has broken off the point from the conflict regarding violation of the provisions of the treaty of September 20, 1870, and the state attorney, after having received the above-mentioned telegraphic order from the ministry of justice, has been left without further instructions, and now respectfully asks what further steps shall be taken.
Mr. Grant to Count Welsersheimb.
Vienna , January 30, 1893 .
Your Excellency: Acknowledging the receipt of your excellency’s esteemed favor of January 20, in which is discussed the case of Edward Drueker, a naturalized citizen of the United States, who is under trial at Strakonitz, Bohemia, for alleged violation of the military laws of the I. and K. monarchy of Austria-Hungary, I hasten to reply to the inquiries contained therein. Upon December 27, 1892, two men, giving their names as Carl Drueker and Samuel Drueker, and claiming to be the father and uncle of Edward Drueker, called at this legation and made the following’ statement, viz, that Edward Drueker was born at Strakonitz, Bohemia, during 1868, and emigrated to the United States during the autumn of 1884; that he resided one and a half years in the United States, when he returned to his home in Bohemia, whence, after a visit of a few weeks, he went back again to the United States, where he resided uninterruptedly until 1892, some of that time in Chicago and the rest of the time in New York City; that he was naturalized a citizen of the United States before the court of common pleas at New York on the 21st of April, [Page 5] 1891; that lie is domiciled in the United States, his permanent residence being in New York City, where he follows the occupation of shirt-maker; that he is now temporarily residing with his family at Strakonitz and suffering from a mental disease; that he intends to return to the United States with the purpose of performing the duties of citizenship therein as soon as his health will permit; that at present he is “non compos mentis.”
In connection with this case I can say that I have seen Edward Drucker’s certificate of naturalization, but can not now speak positively as to its date. I do not now remember that Carl and Samuel Drucker applied to me for a certificate testifying to the American citizenship of Edward Drucker, but inasmuch as the above-mentioned men had in their possession the naturalization certificate of Edward Drucker, issued by a competent law court in the United States of America, and under the seal of said court, it would seem that a similar certificate issued by this legation would be superfluous.
I will avail myself of the earliest possible occasion to return to your excellency the inclosures contained in your esteemed favor of January 20, and in the meantime I beg that your excellency will accept, etc.,
Count Welsersheimb to Mr. Grant.
Vienna , April 7, 1893 .
Sir: Referring to the esteemed favor of January 30, No. 160, and in pursuance of the note of January 20, 1893, the imperial and royal ministry of foreign affairs has the honor of informing the honorable envoy of the United States that the state attorney at Pisek has withdrawn, on March 18 last, his charge against Edward Drucker for violation of paragraph 45 of the law of April 11, 1889, No. 41, after it has been shown by the naturalization certificate of Edward Drucker that he has acquired American citizenship in due form.
The undersigned avails, etc.,
For the Minister of Foreign Affairs.