Mr. Tower to Mr.
Sherman.
United
States Legation,
Vienna, January 11,
1898.
No. 37.]Sir: I have the honor to report to yon
herewith, for your information, the ease of Siegfried Abeles, a
naturalized citizen of the United States, domiciled in the city of New
York, who was held by the criminal court at Leitmeritz, in Bohemia, to
have evaded the military service to which he was subject by birth, and
whose name was inscribed upon the list of deserters, under the military
laws of the Austro-Hungarian Empire. By the intervention of this
legation, Mr. Abeles has been recognized as an American citizen, his
name stricken from the list of deserters, and his freedom from liability
to perform military duty in Austria-Hungary established.
The facts are as follows: Siegfried Abeles was born in Neustraschitz, in
Bohemia, on the 8th of August, 1871. He obtained a permit to travel in
the year 1891, before he had been enrolled for military duty in Bohemia,
and went to America, where he still resides. He was naturalized before
the United States district court in and for the southern district of New
York on the 4th day of December, 1896. It was during the period from
1891 to 1896, while he was absent in America, that he was adjudged to
have evaded military duty at home.
On the 1st of July, 1897, Adolf Abeles, a merchant of Raudnitz, in
Bohemia, appealed to this legation, saying that he is the father of the
said Siegfried Abeles, the circumstances of whose case he narrated, as
will be seen by the translated copy of his communication, which is
respectfully submitted herewith, and begged that he might have the
assistance of the representative of the United States in securing for
his son the privileges which he is entitled to as an American citizen
under the convention entered into by the United States and the Empire of
Austria-Hungary. The purpose of Mr. Abeles, as he has since informed me,
was to establish the citizenship of his said son and to have his name
erased from the list of deserters, in order that, after an absence of
nearly seven years, he may return to his home to visit his, parents,
who, being well advanced in years, greatly desire to see him again.
After having received Mr. Adolf Abeles’s appeal I wrote to him, on the
16th of July, 1897, acknowledging its receipt, and I informed him that,
before I could present his case to the Austro-Hungarian foreign office,
it would be necessary for me to have the certificate of naturalization
of his son Siegfried Abeles, or a certified copy of it, in order to
ascertain his citizenship. In reply to this letter Mr. Abeles sent me
the certificate of naturalization of his son, which, proved that he was
admitted to citizenship of the United States before the United States
[Page 11]
district court in and for
the southern district of New York, as above mentioned.
I addressed a note thereupon to the Count Goluchowski, minister of
foreign affairs, in which I inclosed to him the certificate of
naturalization of Siegfried Abeles and called his attention to the fact
that, not-withstanding his American citizenship, the said Abeles had
been adjudged by the court at Leitmeritz to have evaded military duty
and his name had accordingly been entered upon the military lists of the
district as a deserter. I repeated to him the assertion of Mr. Adolf
Abeles that his son is not a deserter and that under the convention of
1870, entered into by the United States and Austria-Hungary, he could
neither be held to military service nor be made liable to trial and
punishment for nonfulfillment of military duty.
I requested the minister of foreign affairs to cause due inquiry to be
made by the proper authorities with a view to having relief granted and
justice done to this citizen of the United States, that, if the facts
were found such as had been represented, the name of Siegfried Abeles
might be removed from the list of deserters, and that, as an American
citizen, he might enjoy freely within the limits of the Austro-Hungarian
Empire all the privileges intended to be reciprocally enjoyed by the
citizens of each of the high contracting parties within the territory of
the other under the said convention of 1870.
I have now received, from the minister of foreign affairs, a note dated
the 11th of January, 1898, in which he inclosed to me the certificate of
naturalization of Siegfried Abeles, and announced that the legal
naturalization of the said Abeles “is now fully affirmed, the necessary
steps taken to terminate the proceedings instituted against him for
having evaded military duty, and that his name will be dropped from the
list of those liable to military duty, according to the provisions of
the treaty of September 20,1870, and he be recognized and treated as an
American citizen.”
The minister of foreign affairs adds that “the father of Siegfried Abeles
will be acquainted by the authorities of his district with the
dispositions which have been made.”
A copy of the whole correspondence relating to this case is respectfully
submitted herewith.
I have, etc.,
[Inclosure 1 in No. 37.]
Mr. Abeles to the
United States Legation.
Honorable Legation: My son, Siegfried
Abeles, who was born at Neustraschitz, in Bohemia, on August 8,
1871, received permission to go to Germany for two years.
While traveling through Germany he reached Bremen in the year 1891.
There he got into great distress, having neither money nor work to
sustain himself. In this emergency a company of Galicians assisted
him and proposed that he should go with them to America. Being
inexperienced he accepted this offer of the company who promised to
pay all his expenses. He hoped that in America he would find work
more readily than in Germany, and that, as soon as he could obtain
the necessary means, he would return to his native country.
[Page 12]
As the time was approaching when he would become liable to military
duty, I made inquiry whether my son could not report to the Austrian
consul in New York to be enrolled. In compliance with information
received on that point I instructed my son to report to the Austrian
consul in New York for enrollment; and my son then went to the
consulate to be examined and enrolled if found able bodied.
The consul told him, however, to make a petition to the
Bezirkshauptmann at Raudnitz, in Bohemia, and plead for a
prolongation of his permit to travel, and also to request that a
certificate be given him to extend his travels to America. The
Austrian consul further advised him to write to the Bezirkshauptmann
at Raudnitz to forward the conscription lists to America in order
that his name might be properly enrolled. Thereupon I addressed the
Bezirkshauptmann at Raudnitz, but neither the passport nor the
conscription lists were forwarded to the consul in New York.
Although Siegfried Abeles subsequently reported again to the
consulate in New York, no enrollment was made because there were no
conscription lists. After a lapse of five years my son became a
naturalized citizen of the United States.
In the meantime investigations were made by the district criminal
court at Leitmeritz, in order to ascertain the liability of my son
to military duty, and his violation of paragraph 45 of the military
law of April 11, 1889, No. 41; but they were discontinued until
further developments.
Afterwards I, as father, applied to the district criminal court at
Leitmeritz under date of January 30, 1896, and requested that the
proceedings should be resumed, stating that my son had been
naturalized in the southern district of New York. I inclosed the
certificate issued by the court, and asked that his name be struck
from the list of those liable to military duty.
On May 28, 1897, the district criminal court in Leitmeritz replied
that there was no cause for a resumption of the proceedings in this
case.
This decision of the above named court at Leitmeritz is not in
conformity, however, with the provisions of the treaty between
Austria-Hungary and the United States of September 20, 1870,
according to which emigrants of Austria Hungary who have
uninterruptedly resided at least five years in the United States,
and who during that time have become naturalized citizens of the
United States, will be regarded by the Government of Austria-Hungary
as American citizens and treated as such, and vice versa. (Here
Article II of the treaty of 1870 is quoted at length.)
Therefore, according to this international convention, Siegfried
Abeles can not be held to have violated paragraph 45 of the military
law, because he was not enrolled as a recruit, and because he had
not yet reached the age which rendered him liable to military
service at the time he emigrated.
As Siegfried Abeles has been declared to be a deserter from the
military service, it might happen that, while paying a visit to his
parents, he might be arrested and held until his innocence could be
proved. But since my request to the court at Leitmeritz for
resumption of proceedings has been left without result, I would most
respectfully ask—
That the honorable legation, alter investigation of this case, would
condescend to cause the cancellation of the name of this United
States citizen, Siegfried Abeles, from the rolls of persons liable
to military duty in the Austro-Hungarian Empire.
[Page 13]
[Inclosure 2 in No. 37.]
Mr. Tower to Mr.
Abeles.
United States Legation,
Vienna, July 16,
1897.
Sir: I have received your application made
to this legation on behalf of your son, Siegfried Abeles, who, you
tell me, is a naturalized citizen of the United States and whose
name now stands upon the list of deserters from military duty in the
Austrian service. You ask the intervention of this legation with the
Imperial and Royal authorities to have his name removed from the
list so that he may return to Raudnitz upon a visit.
In order that I may present this case to the Imperial and Royal
foreign office here, it will be necessary for me to have the
certificate of naturalization of Siegfried Abeles, or a certified
copy of the same. With that document in hand to prove his
citizenship, I will see what may be done to obtain for him the
relief he seeks.
I am, etc.
Charlemagne Tower,
United States Minister.
In reply to the foregoing letter, Mr. Adolf Abeles sent to this
legation the certificate of naturalization of Siegfried Abeles,
issued by the United States district court in and for the
southern district of New York on the 4th of December, 1896.
[Inclosure 3 in No. 37.]
Mr. Tower to
Count Goluchowski.
United States Legation,
Vienna, August 23,
1897.
Your Excellency: A complaint has been made
at this legation by Mr. Adolf Abeles, a merchant of Raudnitz, on
behalf of his son, Siegfried Abeles, setting forth that the name of
the said Siegfried Abeles is retained upon the list of those who
have failed to perform military duty in the Imperial and Royal army
of Austria-Hungary, and that the said Siegfried Abeles is classed as
a deserter, although he emigrated some years ago to America and has
become a duly naturalized citizen of the United States.
The facts of the case appear from Mr. Adolf Abeles’s statement to be
as follows: Siegfried Abeles was born on the 8th of August, 1871, in
Neustraschitz, in Bohemia. In the year 1891, having obtained a
permit to travel, he went to Bremen, in Germany; and in the same
year he sailed from Bremen to America. Having resided in the United
States uninterruptedly for five years, he was admitted to become a
citizen of the United States of America by the United States
district court in and for the southern district of New York on the
4th of December, 1896. In the meantime, and during his absence in
America, the said Siegfried Abeles was adjudged by the K. K.
Kreisals Strafgericht in Leitmeritz to have evaded military duty,
and his name was accordingly entered upon the military lists of the
district as a deserter.
Mr. Adolf Abeles complains that, although he has appealed to the said
honorable court to remove the charge of desertion which it
[Page 14]
has decreed against his son,
and although he has placed in evidence before it the certificate of
naturalization of his son to show that Siegfried Abelesis a duly
naturalized citizen of the United States of America, yet the said
honorable court has refused to relieve Siegfried Abeles from the
charge of desertion or to take his name from the list of those who
are liable to trial and punishment under the Imperial and Royal laws
of Austria-Hungary for nonfulfillment of military duty.
Mr. Adolf Abeles asserts, however, that his son is not a deserter,
and that under the provisions of the convention concluded on the
20th of September, 1870, between the United States of America and
the Empire of Austria-Hungary he can neithér be held to military
service nor does he remain liable to trial and punishment for the
nonfulfillment of military duty; but that, on the contrary, as he
has not transgressed any of the provisions, especially of Article
II, of the aforementioned convention, and as he has resided
uninterruptedly at least five years in the United States, and during
such residence has become a naturalized citizen of the United
States, he should now be treated as such.
I have the honor to submit this case to your excellency’s attention,
and to request that your excellency will cause due inquiry to be
made by the proper Imperial and Royal authorities with a view to
having relief granted and justice done to this citizen of the United
States; that, if the facts of the case be found such as I have had
the honor here to present them to your excellency, the name of
Siegfried Abeles may be removed from the list of deserters, and
that, as an American citizen, he may enjoy freely within the limits
of the Imperial and Royal Austro-Hungarian dominions all the
privileges which are intended to be reciprocally enjoyed by the
citizens of each of the high contracting parties within the
territory of the other under the aforesaid convention of September
20,1870.
In support of the statement made by Mr. Adolph Abeles, I have the
honor to inclose to your excellency herewith the certificate of
naturalization of Siegfried Abeles, issued on the 4th of December,
1896, by the district court of the United States held in and for the
southern district of New York.
I beg that your excellency will have this document returned to me, in
order that I may send it back to Mr. Abeles.
I avail, etc.,
[Inclosure 4 in No. 37.]
Count Welshersheimb to Mr. Tower.
Vienna, January 11,
1898.
Sir: In reply to the esteemed note of
August 23,1897, No. 19, relating to the citizenship of Siegfried
Abeles, the contents of which were communicated to the Imperial and
Royal ministry of foreign affairs, I now have the honor of informing
the honorable envoy of the United States of America, Mr. Charlemagne
Tower, that notice has been received from the above-mentioned
ministry that, in view of the legal naturalization of the person
aforesaid in the United States, which is now fully affirmed, the
necessary steps have been taken to terminate the proceedings
instituted against him for having evaded military duty, and that his
name be dropped from the list of those liable to military duty,
according
[Page 15]
to the provisions
of the treaty of September 20,1870, and he be recognized and treated
as an American citizen.
The father of Siegfried Abeles, Mr. Adolf Abeles, a merchant living
in Raudnitz, will be acquainted by the authorities of his district
with the dispositions which have been made.
While the undersigned has the honor of returning herewith the
inclosure contained in the above-mentioned esteemed note, he avails
himself, etc.
Welsersheimb,
For the Minister.
