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 19, 1893. (Received May 5, 1893.)
Sir: I have the honor to transmit herewith the inclosed correspondence relative to the arrest, confinement in jail, and final release of Charles Mercy, alias Saul Moerser, a naturalized citizen of the United States’ of Galician birth.
It would seem proper to give, in connection with the inclosed copies of correspondence, a statement which Charles Mercy made at this legation upon March 15, which was as follows: “I was born at Krakau in 1858, and emigrated to the United States with my parents in 1860, where we remained seven years and then returned to Krakau. I lived in Krakau until I became 16 years old, and then I returned to the United States, where I have lived until the 31st of last January, when I came to Europe to visit my family at Krakau. I was naturalized a citizen of the United States during November, 1884, at Newark, N. J., in which place I have a factory for making hats. My certificate of naturalization was taken from me, with other papers, by the police authorities when they arrested me at Krakau on the 24th of last month.
“I was in the railroad station at Krakau, about to purchase my ticket for my return to America. I was arrested and taken to the criminal jail, where I was searched and all my papers, money, etc., were taken [Page 6] from me. I was confined in jail until March 4, 1893, when I was released upon a bail of 1,000 florins, which I supplied. I am now desirous of returning home to America, where my business demands my personal attention, and a delayed absence would cause me to sustain a loss which would be much greater than the amount of the 1,000 guldens that I have already paid out as bail. I now come to you as the representative of the United States Government to know what I shall do.”
I said to Mr. Mercy that, if he withdrew from this country before his trial, such action would be recognized technically as an acknowledgment of his guilt, and that he would not only forfeit his bail by such action but would be liable to rearrest if he ever returned to this country. Mr. Mercy said that he did not intend to return to Austria again, but that he feared he might be arrested on his way to America now. I replied that I thought there would be no danger of his arrest after he had once passed the Austrian frontier.
After a short conversation Mr. Mercy left me, and I presumed from his manner and what he said that he intended to abandon his bail and return to America, where I presume he now is.
I have, etc.,
Mr. Moerser to Mr. Grant.
My son, Charles Mercy, an American citizen, who has been living in America for thirty years and fought in the Mexican war, came to Krakau to pay me a visit, and yesterday, when on the point of leaving, he was arrested at the railway depot by the police, who took from him 5,000 florins and put him into jail. Requesting your protection, I ask what shall I do.
Mr. Grant to Mr. Moerser.
Vienna, February 28, 1893.
Sir: Upon receipt of your telegram yesterday I called at the foreign office and placed what little information I had concerning your son’s case in the hands of Count Welsersheimb, second chief of section. Count Welserheimb assured me that immediate steps would be taken to investigate the matter. While this investigation is going on it would be well for you to let me know all the particulars of your son’s arrest and, if possible, forward to me his passport and his naturalization paper. Was your son arrested for non-fulfillment of military service or for something else? Please answer as soon as convenient.
Very, etc.,
Mr. Moerser to Mr. Grant.
Papers proving identity and money taken from my son by the police. He also arrested. Request speedy help. Papers to be demanded by telegraph. Answer paid.
Count Welsersheimb to Mr. Grant.
Vienna, March 1, 1893.
Sir: In conformity with the desire expressed by the honorable envoy of the United States, the imperial and royal ministry of foreign affairs has not failed to make inquiry by telegraph to learn the reasons leading to the arrest of Charles Moerser, alleged to be a naturalized citizen of the United States, by the police at Krakau.
A telegraphic report sent by the director of the Krakau police shows that his real name is Saul Moerser, that he went to the United States fifteen years ago without having reported for military duty, and now returned to his home provided with a certificate purporting to be an identification for a certain Charles Mercy. Before he went to America he committed a fraud here, and on his return he was arrested for this, as well as for his having evaded military duty. The money, effects, and papers which he had with him were seized and handed over to the criminal court at Krakau. The state attorney at Krakau has already remanded Moerser to prison for violation of paragraph 183 criminal law, and paragraph 45 military law.
Under these circumstances the law must be left to take its course, even if his American citizenship should be fully proven, because, according to the provisions of the treaty of September 20, 1870, he is liable to punishment for having committed a crime before he emigrated.
Should Moerser’s American citizenship be fully established further prosecution on account of violation of paragraph 45 of the military law would be set aside.
While the undersigned has the honor of conveying the foregoing to the knowledge of the honorable envoy of the United States, and transmits at the same time the papers referring to the case, he begs to avail, etc.,
For the Minister of Foreign Affairs.
Mr. Grant to Mr. Moerser.
Vienna, March 3, 1893.
Sir: Referring to the telegrams which have passed between us, treating of the subject of your son’s arrest, I hasten to send you an extract taken from a note which I have just received from the imperial and and royal ministry of foreign affairs:
“A telegraphic report sent by the director of the Krakau police shows that his real name is Saul Moerser, that he went to the United States fifteen years ago without having reported for military duty, and now returned to his home provided with a certificate purporting to be an identification for a certain Charles Mercy. Before he went to America he committed a fraud here, and on his return he was arrested for this, as well as for his having evaded military duty.”
If you will communicate to me any data which you may have, and upon which I can base a defense of your son, it will give me pleasure to do all I can possibly do to secure his release.
I am, etc.,
Mr. Mercy to Mr. Grant.
Sir: In reply to yours of March 3, I beg to give the following statement:
My parents returned in 1858 from England where they had lived for some years, and it can not be ascertained whether I was born in England or Krakau, as there is no record of my birth in either place; my father went to the United States in 1859, and mother with seven children, myself included, left Krakau in the year 1860 for America. I remained there until 1867, when my parents came back, myself included, to Krakau. I went to school here for a few years, I then went to the employ of [Page 8] Mr. Saul Liebeskind, my brother-in-law, and remained with, him about 10 months; from there I went with Mr. L. Eisenburg, also of this city, and entered into his office as “praktikant” in his agency business and remained with him about six months. All of my brothers and sisters, with exception of Mrs. Liebeskind, were in the United States. I had a desire to go to them. I spoke of my desire to father, of which he did not approve and refused me the necessary money for traveling expenses. I then informed my employer, Mr. Eisenburg, of the matter; he having a liking for me gave me the chance to get necessary money to go with, an amount of 500 marks. I then left unknown to my parents, at an age of about 16 years. I arrived in New York, from where I went to Newark, N. J., the old homestead of my parents, where my brothers and sisters were living and in business, manufacturing hats. After a short stay I went to work for my oldest brother, Mayer Mercy, as an apprentice. I stayed there until February, 1881. In the same year and month I enlisted in the U. S. Army and was sent to David’s Island, New York harbor, for recruiting. I remained there until the end of May, in Company D, under Capt. Mc-Gowen. As before said, in May I was ordered out to Company H, Thirteenth Infantry, Capt. De Corsey and Gen. Bradley in command of the Fourth Brigade, New Mexico. Was also in battles with Nerakow and Apache Indians at Fort Apache, Arizona, under commander of department, General McKinsey. I finally got my discharge and went to Newark, N. J., at my trade as a hat-finisher. In 1886 I married an American lady and have now three children. My family is now at my home in America. In 1887 I started in business under the firm name of Kohn & Mercy. In 1888 we dissolved partnership by Mr. Kohn paying me out. I then started a factory for manufacturing hats in the same city under the name of Charles Mercy, and am still in the same branch, where I employ about 150 men and women. I have also some real estate there.
After an absence of over sixteen years I longed to see my parents, as they also celebrated their fiftieth anniversary and golden wedding this year, and as my dull season comes in after January, I sailed from New York on the steamer Alter, of the North German Lloyd, on the 31st of January, and came to Krakau on the 16th of February. I brought with me about $3,000 in order to start my brother-in-law an agency here to ship me rabbit and hare skins, which I use in my business for making hats. After I arrived I found out that my sister and her children were being badly treated by her husband, Mr. S. Liebeskind. I then decided not to start him as my agent, and spoke to him about it and told him all I would do for him would be to take my sister and her children with me to America; the children are both girls, 18 and 16 years of age, respectively; they both understand dress-making, and that I would start them a place of that kind in America. He consented to this, and we were to leave for my home in America on Friday, February 24. I had my luggage at the Krakau depot, as we were to leave on that day at 9:25 a.m. When I was getting my ticket my brother-in-law came to me and said he wanted to see me before I bought my ticket. I then asked what was wanted, and in reply he demanded 200 florins, which I refused to give him, upon which he called a policeman in Polish, which I do not understand. However, I was taken to the police inspector’s office; my brother-in-law followed me, and was making charges against me in Polish, which I did not understand. The inspector asked me for my papers. I handed him my citizen paper, which was made out in my name and given in Newark, N. J., in 1887, when Liebeskind said that my name was also Saul Moerser. My given name was always Charles, and I as well as my brothers are known in America by the name Mercy. The police here can not find the name of Charles Mercy, Saul Moerser, nor Charles Moerser.
I was next asked for my money and jewelry, and was sent off to the police station and put in a dirty, filthy room with a lot of Poles, and was kept there three days without understanding what I was kept for. My bed consisted of a hard bench without pillow, cover, or anything; also, they would not allow me to get food for the money they had taken from me and was compelled to live on black bread and one pint of must per day. On the third day I was asked a few questions concerning myself in German, and this was written down in Polish, which I could not read. Sunday, about 12 a.m., I was sent in charge of a policeman to a place called Kriminal, where I remained until Saturday, March 4, on the same food. On Wednesday, March 1, I was called before the judge (Senja) and was informed what I was accused of in German. I declared my innocence to both charges. I also insisted for them to send for Mr. Eisenburg.
I am inclosing a copy of Mr. Eisenburg’s statement as made to the judge (Senja). I also made a full statement in German, of which this is a copy, and also protested against my arrest and confinement, and with the help of my counsel here, Prof. Dr. Rosenblatt, was set at liberty under 1,000 florins bail; the balance of my money, jewelry, clothes, and baggage, also my American citizen papers, they refused to return to me. I also asked for a privilege to go to Vienna, as I intended to call on you personally on March 5, but have not gotten it as yet. I have urgent and [Page 9] important business at home which requires my personal attention, and would have been home on the 8th or 9th of March; now this may be of serious loss and consequences to me.
As an American citizen I now beg for my immediate release, also for my money, jewelry, baggage, papers, etc., and also for such damage as I may be entitled to.
Thanking you for your kind attention and hoping you will take prompt steps to secure my release.
I am, sir, etc.,
Mr. Grant to Mr. Mercy.
Vienna, March 9, 1893.
Sir: In acknowledging the receipt of your letter of March 7 and your telegram of to-day, I hasten to reply that you have not as yet given me any proof of your American citizenship, which proof is absolutely necessary before I, as the representative of the United States, can officially take action in your case. However, unofficially I have been to the foreign office here, on your account, and have received a note from the second chief of section, Count Welsersheimb, an extract from which I have already forwarded to you, which in brief states that you were arrested under charge of having committed a fraud before your emigration to America. According to your letter, the charges against you were made by your brother-in-law, Mr. Liebeskind, and according to Mr. Eisenburg’s letter (which was inclosed in your letter) the charge of fraud was based upon a fact.
In the treaty of September 20, 1870, between the United States and Austria-Hungary it is provided that a naturalized American citizen of Austrian birth is liable to trial and punishment for criminal offenses committed before his emigration. It therefore seems to me even should you prove your American citizenship, that your case is not one which can be taken up by a diplomatic representative, but properly belongs to the civil courts of the country. You could, of course, after you have fully secured your release, sue your brother-in-law, but I do not believe you can possibly recover any damages from the Austrian Government for false imprisonment or for losses resulting from your detention.
I am, etc.,
Mr. Mercy to Mr. Grant.
Police will not give permit; can’t come to Vienna. Do all you can. Must get home. Very important. Telegraph particulars my expense.
Mr. Grant to Count Kalnoky.
Vienna, March 14, 1893.
Your Excellency: Referring to previous correspondence upon the case of Charles Mercy, alias Saul Moerser, an alleged citizen of the United States, who has been arrested at Krakau upon the charges of violation of military law and fraud, I have the honor to inclose herewith a copy of a letter from him. This letter of Charles Mercy, alias Moerser, would indicate that the charge of fraud had been dismissed, and that there only remained the charge of his having violated the military law. It appears further that Charles Mercy’s, alias Moerser’s, naturalization certificate has been taken from him by the Austrian authorities, and that he is therefore not provided with the proper documents to prove his American citizenship.
In reading your excellency’s esteemed favor of March 1, I inferred that the citizenship of Charles Mercy, alias Moerser, would be the first point investigated, and if it was found that he had been properly naturalized a citizen of the United States, [Page 10] that the charge of having violated the Austrian military law would have been dropped.
It does not seem possible to believe, as intimated in Charles Mercy’s, alias Moerser’s, letter, that the local authorities at Krakau could take the responsibility of seizing the identification papers of a citizen of a friendly power and hold him to prove his foreign citizenship, which they have made it impossible for him to prove. However, I write to request your excellency to have the matter investigated at your earliest possible convenience, and at the same time I bog your excellency to accept, etc.,
Mr. Mercy to Mr. Grant.
Sir: Your letter of the 9th instant received and hasten to answer. I have been to see the K. K. Landesgericht about my citizen papers to-day so that I could send them to you. They claim that they can not surrender them to me, but will send them to you on a written demand in German, and it will have to be written direct to them addressed as follows: “K. K. Landesgericht fur Strafangelegenheit Saul Mörser.
The other charge of fraud has been straightened, and all I am held for is on account of military matters, and as soon as that can be straightened I will be set at liberty; all they are waiting for now, they have been searching for my name in the books in the magistrate for over two weeks without result.
Hoping you will take prompt steps to secure my citizen papers and release, as this matter may affect me seriously in my business,
I am, etc.,
Mr. Grant to Mr. Mercy.
Vienna, March 14, 1893.
Sir: I hasten to acknowledge the receipt of your letter of the 11th instant, and to inform you that I have made your case the subject of a note to the imperial and royal minister of foreign affairs. As soon as I receive an answer from the foreign office I will inform you of its contents,
I am etc.,
Count Welserheimb to Mr. Grant.
Vienna, April 12, 1893.
The imperial and royal ministry of foreign affairs has not failed to inform the imperial and royal ministry of justice of the contents of the honored note of the 14th of March, concerning the arrest of the naturalized citizen Saul Moerser, alias Charles Mercy, which took place in Krakau, and to request that this ministry should immediately make the necessary inquiries regarding the actions of the Krakau autborities.
The ministry of foreign affairs take the liberty to send to the honorable United States Minister Frederick D. Grant, the report just received from the imperial and royal ministry of justice made by the imperial and royal court of justice in Krakau, on the 24th of March, No. 6057, to the superior court in Krakau, with the request to return it. This document will inform the honorable envoy as to the steps taken in this matter up to now and the present state of this affair. The details of the report will clearly prove that the assertion made by Saul Moerser in his letter to the honorable envoy of the United States, on the 11th of March of this year, that the [Page 11] charge made against him had been already withdrawn, and that he was detained at that moment only for violation of military law was not true, for the Krakau court of justice had, upon the 4th of March, withdrawn the charge against him for violation of the military law, in consequence of his statement that he was an American citizen, and in compliance with Art. ii of the convention of September 20, 1870, but upon the other hand the court has fully maintained the charge against Moerser for fraud confessed by himself, therefore, the above-mentioned individual against whom the charge of fraud is made, according to section 183 of the Austrian penal code, must submit to a trial before the imperial royal district court in Krakau.
As to the item in the honored note questioning the retaining of the documents of legitimation taken from Saul Moerser the imperial royal superior court in Krakau states that the retention of these documents is a measure accorded by law, as Moerser can claim these papers only after a lawful decision in his case or after he has finished serving a sentence. The superior court is of the opinion that it would not be a groundless suspicion to think that Moerser had applied to the honorable envoy to intervene to secure his papers after he had been released from confinement through a small bail and a promise not to leave Krakau in order to use the papers possibly for dishonest purposes.
Thus, far remote from seeing in the action of the authorities any sort of violation of the conventions with the United States of America or the laws of Austria, the superior court in Krakau, on the contrary emphasizes that the imperial royal court of Krakau in this case has not only acted in complete compliance with the laws, and with the strictest impartiality, but the court has applied all possible leniency granted by law by handing to Saul Moerser, in spite of the pending trial, all his effects except the documents of legitimation.
The undersigned takes the liberty to notify the honorable envoy of these facts and will not fail to inform him of the result of the trial. While he now avails, etc.
For the Minister of Foreign Affairs.
To the Honorable the Imperial Royal Superior Court:
In according with the order, issued on March 22, 1893, F 4837, I take the liberty of sending the following report regarding the trial for violation of section 45 of the law of national defense, April 11, 1889. No. 14, R. G. and of section 183 (St. S. G.— crime of defending) brought in action against Saul Moerser, alias Charles Mercy.
Saul Moerser, alias Charles Mercy, was arrested by the police of the city of Krakau, under the suspicion of having violated section 45 of the law of national defense, and of the crime of defrauding, as the result of a denunciation made by his brother-in-law, Saul Liebeskind. On the 26th of February he was delivered to the imperial royal court of justice at Krakau.
On the proposition of the imperial royal attorney of the state, made on the 27th of February, 1893, and on the order of the chamber of inquiry (28th of February, 1893) a trial was brought in action against Saul Moerser, for:
(a) Violation of section 45 of the law of national defense (April 11, 1889, No. 41, R. G. Bl.) by living outside the frontiers of the Austro-Hungarian monarchy during the time when he was enrolled for military service, with the intention of evading his military duty, and for defrauding, in accordance to section 183, St. G. B., committed by taking a sum of 500 marks—consequently more than 50 gulden in Austrian money—entrusted to him by Isidor Leon Eisenburg in Krakau in the year of 1877 or 1878; finally the court of justice, in accordance with section 175 (section 2, St. P. O.) decreed on Saul Moerser, alias Charles Mercy, confinement during the time of trial. According to the protocol of his cross-examination, which took place on the 28th of February, Saul Moerser, alias Charles Mercy, denied any guilt regarding his violation of the laws of national defense, he having acquired American citizenship in the year 1888, proved by a certificate, issued by a competent court of the United States (a certificate which had been taken from him when he was arrested and added to the other documents of this case), and as a naturalized citizen of the United States protested against any trial or penalty for having neglected the duties of military service. To the ch arge of having defrauded to the amount of 500 marks, property of his late employer, Isidor Leon Eisenburg, Saul Moerser deposed an avowal and confessed that in 1877 or 1878 he opened a letter confided to his care by his employer, Isidor Leon Eisenburg, which contained the sum of 1,000 marks, took”the sum of 500 marks out of the letter and spent the money defrauded in this way for his fare to America.
[Page 12]In palliation of Ms guilt Saul Moerser mentioned that the whole sum had been returned by his father, Elias Fisehel Moerser; partly directly this deed had been committed, thus in the year 1877 or 1878, partly after his arrest, i. e., in the month of February, 1893.
Saul Moerser, alias Charles Mercy, protested against his confinement during the time of his trial, and demanded a decision of the chamber of the court of justice. Considering the fact that Saul Moerser, alias Charles Mercy, according to the certificate above mentioned, had acquired American citizenship in the year 1888, and therefore had become a naturalized citizen of the United States during his uninterrupted residence of fifteen or sixteen years in America, the chamber of the court of the court of justice, in accordance with article ii of the treaty of September 20, 1870, has decided on the 4th of March, 1893, that Saul Moerser can not be called to account for violation of the laws of national defense, and the trial for violation of section 45 of the law of national defense should be stopped, but the decree regarding the trial for defrauding, as well as that of his confinement during the time of trial, according to section 175, should be continued, especially since in this case the regulations of sections 187 and 229 (St. G. Bl.) can not be applied, and the man under trial, being a foreigner, could be suspected of intentions of flight.
In consequence of a petition made by Saul Moerser’s father, Elias Fisehel, and of the request made in the protocol by Saul Moerser himself, it was concluded at the same time that the arrest during the time of trial should be suspended, in accordance with section 192 (St., P. O.), in case a bail of 1,000 guldens should be deposited. This decree permitted that the amount of 820 guldens, found in the possession of the prisoner at the time of his arrest and taken in custody by the court, should be used for bail, and that Elias Fisehel might add the deficiency, 120 guldens.
According to the protocol of March 4, Elias Fisehel deposited the deficient amount of 120 guldens on the 4th of March, 1893, and in consequence of this Saul Moerser, alias Charles Mercy, was set at liberty at once on the 4th of March, 1893, after giving oath not to flee.
According to a resolution upon the 4th of March, 1893, the bail of 1,000 guldens was taken in custody by the court of justice.
When Saul Moerser, alias Charles Mercy, was arrested by the police the following pieces of money, documents, jewelry, and effects were found and deposited as his property with the court:
- (1)
- The above-mentioned amount of 820 guldens, and 15 kreutzer (Austrian money).
- (2)
- One hundred and thirty-six dollars in paper.
- (3)
- One hundred and five pounds sterling in paper.
- (4)
- One-half pound sterling in gold.
- (5)
- Four silver shillings.
- (6)
- One franc in silver (2 50-cent pieces).
- (7)
- One mark aud 55 pfennings.
- (8)
- One Indian copper coin.
- (9)
- A document stating a deposit of 2,400 guldens, made at the Wiener bank, on the 15th of February, 1893, No. 706.
- (10)
- A document certifying a deposit of 414 pounds sterling, 11 shillings, 10 pence, at a Vienna bank.
- (11)
- A gold watch, No. 522069.
- (12)
- A gold watch chain, with a medallion of brilliants.
- (13)
- One gold ring, with the initials E. C. C. M.
- (14)
- A gold wedding ring, with the initials E. H. & C. M.
- (15)
- One trunk, one box, and two satchels, containing various effects.
- (16)
- Two gold buttons, with diamonds.
- (17)
- Finally, an amount of 3,000 guldens (Austrian money). This latter was proven to be the property of Elias Fisehel Moerser and his daughter, Ernestine Liebeskind, née Moerser.
All of these articles were returned to Saul Moerser on the 14th of March, 1893, on his petition, made on the 5th of March, with the exception of the above mentioned American certificate, which was deposited for the use of the court among the other documents of the case.
On the 24th of March, 1893, the above-mentioned sum of 3,000 guldens was handed over to the owners, Elias Fisehel Moerser and Ernestine Liebeskind.
It must be finally mentioned that the imperial royal attorney of the state has delivered to the court of justice the bill of indictment for defrauding against Saul Moerser, alias Charles Mercy, already upon the 22d of March, which indictment has not yet become valid in law.