Mr. Gresham to Mr. Grant.
Washington , June 1, 1893 .
Sir: Your dispatch, No. 360, of the 12th ultimo, relative to the case of Saul Moerser alias Charles Mercy, has been received.
Referring to the Department’s instruction No. 299 of the 8th ultimo, in regard to the action of the Austro Hungarian authorities in withholding the evidence of the citizenship of Mr. Moerser, it may be observed that there is an essential distinction between withholding the papers from the individual and withholding them from the legation. By the latter course the legation is deprived of all opportunity to [Page 15] ascertain whether the party is in fact a citizen of the United States by lawful process and as such entitled to the protection of the legation to secure him speedy and impartial justice or to defend his rights under the treaty if infringed.
I am, sir, etc.,