Mr. Tower to Mr.
Day.
Legation of the United States,
Vienna, April 29,
1898.
No. 60.]
Sir: I have the honor to acknowledge the
receipt of the dispatch of Acting Secretary Day, No. 75, dated the 19th
of February, 1898, with copies of the correspondence had by the
Department of State with Messrs. McKinley & Gottlieb, of New York,
in relation to the case of Ignatz Gutman, a naturalized citizen of the
United States of Hungarian birth, who was reported to the Department of
State, upon affidavit of the said Gut man’s father, Joseph Gutman, to
have been impressed into the Hungarian army, at the city of Losoncz,
while making a visit to his friends in his native country about the
beginning of the present year.
I have duly investigated this case in accordance with the instructions of
the Department, and I have ascertained that the said Ignatz Gutman is
serving in the Hungarian army, in the Twenty-fifth Regiment of Infantry,
called “Freiherr von Purcker,” at Losoncz, as was alleged; not, however,
under constraint, as his friends in America believe, but that he is a
volunteer, having enlisted of his own accord in January, 1898, for three
years’ service.
Immediately upon the receipt of the dispatch No. 75, on the 4th of March,
I wrote to Ignatz Gutman, at Losoncz, conveying to him the report made
through the Department of State that he had been arrested while making a
visit in Hungary and obliged to perform military duty. I asked him to
inform me at once as to the truth of this report, in order that I might
take steps to secure for him the rights to which he might be entitled. I
wrote also upon the same day to the United States consul at Budapest,
asking him whether he knew anything of Ignatz Gutman, and if not, to
take such steps as he might be able to discover the facts of his arrest
as reported.
On the 8th of March I received a reply from Gutman written in language
which left his meaning so obscure that I could not understand his
position beyond the fact that he had evidently not been arrested
[Page 40]
for nonperformance of military
duty; that he had reported himself to the Hungarian authorities for
service, according to the obligation imposed by law upon Austrian and
Hungarian subjects so to report themselves, called the “Assentierung,”
precisely as if he had not been an American citizen; but that, upon
examination, he had not been registered by the military authorities as a
conscript on account of his American citizenship. In order, however, to
bring out from him as plain a statement of his case as possible, I wrote
him again on the 8th of March that I understood that upon his return to
Hungary he had offered himself as a soldier, but had not been accepted,
adding:
If I am not mistaken in this, you are free now. But in order to
make sure I wish you would answer the following questions: When
did you come to Hungary? Were you ever in the army there? If so,
when and for how long a time? How did you happen to go into the
army? When do you expect to return to America?
He replied to this letter on the 13th of March as follows:
I give you the right answers of your questions. When did I come
to Hungary? I came to Hungary in 1897, October 19th. Were I ever
in the Army hier? I never was, only since 1898 January the 12th.
I am hier. How did I come into the Army? I went voluntarily to
the military authorities. What am I doing now? I am hier in the
Army and doing what a soldier has to do. When do I expect to
return to America? Soon as I get free from hier and I am waiting
very hard for that time.
In the meanwhile I received from the United States consul at Budapest a
reply, dated the 9th of March, to my letter of inquiry, in which he
inclosed to me a copy of a letter from Colonel Basler, commanding the
Twenty-fifth Regiment, to whom he had written, who informed him that
“Ignatz Gutman is in actual service since the 7th of January of this
year, in the Second Company (of the Twenty-fifth Regiment) at Losoncz
station, as a volunteer for three years’ service.”
Thereupon I wrote to Colonel Basler directly on the 11th of March,
requesting him to inform me “of the conditions under which the said
Gutman enlisted, and under which he was sworn into the service of
Hungary.”
He has replied to me, after having made an official inquiry, on the 18th
of April, that Gutman was not arrested for nonperformance of military
duty, but that he enlisted, as a volunteer in Rosenau, and that he had
also presented himself as a conscript in Losoncz.
The facts of this case appear, therefore, to be that Ignatz Gutman not
only was not seized and forced into the military service in Hungary, but
that when he presented himself as a conscript he was rejected by the
conscription officers on the ground that he was an American citizen.
Aside from the question whether the action of this young man might not
furnish reasonable ground of presumption that he intended to abandon his
American citizenship, which I apprehend need not be discussed here, he
has willingly placed himself in a position into which his rights as an
American citizen would have prevented him from being forced. He waived
his American citizenship when he voluntarily presented himself as a
Hungarian conscript; having then been rejected, he still continued to
seek admission to the army, and was finally accepted as an enlisted man
for three years.
I find no trace of coercion on the part of the Austro-Hungarian
authorities in this connection. Ignatz Gutman had an unquestionable
right to return to the country of his birth and become either a
conscript or a volunteer if it suited him to do so. He entered into an
agreement with knowledge of the facts, and of his own free will; and he
invokes the authority of the Government of the United States now that he
has grown tired of his bargain.
[Page 41]
Pending instructions from the Department of State, I shall take no steps
in relation to this matter with the Austro-Hungarian foreign office.
Copies of the entire correspondence relating to this case are
respectfully submitted herewith.
I have, etc.,
[Inclosure 1 in No. 60.]
Mr. Tower to Mr.
Gutman.
Legation of the United States,
Vienna, March 4, 1898.
Sir: A report has reached this legation,
through the Department of State at Washington, that you have been
arrested while making a visit to your friends in Hungary and are now
obliged to perform military service, from which, as an American
citizen, you should be exempt.
I wish you would inform me at once if this report is true; and if so,
give me all the facts of your case, in order that I may take proper
steps to secure for you the rights to which you are entitled.
Very truly, yours,
-
Charlemagne Tower.
- Mr. Ignatz Gutman,
Twenty fifth Regiment of Hungarian
Army,
Losoncz, Neograd, Hungary.
[Inclosure 2 in No. 60.]
Mr. Tower to Mr.
Chester.
Legation of the United States,
Vienna, March 4, 1898.
Sir: Inquiry has been made at this legation
by the Department of State as to a certain Ignatz Gutman, a
naturalized citizen of the United States, who was born in Rosenau,
in the district Gomor, in Hungary. The friends of Mr. Gutman have
informed the Secretary of State that he has been arrested and is now
made to perform military duty in the Twenty-fifth Regiment of the
Hungarian army, stationed at Losoncz, in the district of
Neograd.
I shall thank you to inform me whether you have ever heard of this
man; and, if so, whether he is now under arrest, as has been
reported. If you have no knowledge of him, please take such steps as
you may be able, to discover the facts of the case, and report to me
as soon as possible.
I am, etc.,
-
Charlemagne Tower.
- Frank D. Chester,
Esq.,
United States Consul,
Budapest.
[Page 42]
[Inclosure 3 in No. 60.]
Mr. Gutman to Mr.
Tower.
Your Honor: I had capted your letter, and
give you all the facts of my case.
I came to this country to visit my friends and I was not hier not
even 2 weeks when everybody was telling that they will lock me up if
I would not report myself, and in the same time I did not had enough
money to return to our country, and because I have baad eys so I
thougt to myself they would not take me, so I went to the office of
the city, and ther the regiment doctor said that I have boath eys
but becouse I am a citizen of the United States and they leav me go
now, so I would not come any more hier, and they loose a man so they
took me.
In the same time I rote a letter to my parents they should try
something for me and now I beg you Your Honor you should be so kind
and make a few steps for my life, because this isn’t not living for
young man which is citizen of the United States.
Yours very truly servant,
[Inclosure 4 in No. 60.]
Mr. Tower to Mr.
Gutman.
Legation of the United States,
Vienna, March 8, 1898.
Sir: I have received to-day your letter of
the 6th instant in reply to mine addressed to you on the 4th. I
understand from it that upon your return to Hungary from America you
went voluntarily to the military authorities, but upon examination
you were not accepted as a soldier. If I am not mistaken in this,
you are free now. But in order to make sure, I wish you would answer
the following questions: When did you came to Hungary! Were you ever
in the army there! If so, when, where, and for how long a time? How
did you happen to go into the army? What is your trade or
occupation? What are you doing now? When do you expect to return to
America?
Answer these questions as soon as possible and I will see what steps
may be taken to help you.
Very truly, yours,
[Inclosure 5 in No. 60.]
Mr. Chester to
Mr. Tower.
Consulate of the United States,
Budapest, March 9, 1898.
Sir: Replying to your esteemed dispatch of
the 4th instant, inquiring as to the arrest of Ignatz Gutman, who
was born at Rosenau, Gomor County, Hungary, and the forcible
enlistment of the same in the Twenty-fifth Regiment of the Austro
Hungarian (common) army, I beg to inform you that I at once wrote to
the commandery at Losoncz, Neograd County, inquiring as to the truth
of the same, and have this
[Page 43]
morning received the inclosed letter from the colonel of the
regiment stating that Gutman volunteered to served under the
same.
I beg further to inform you that the said Ignatz Gutman has never
presented himself at this consulate, and there are therefore no data
at my command regarding his United States citizenship.
I have, etc.,
Frank Dyer Chester,
United States Consul.
[Subinclosure to inclosure
5.—Translation.]
Colonel Basler to
Mr. Chester.
To the Consulate of the United States of America
at Budapest:
Referring to your letter of inquiry No. 831, under date of the 5th
instant, you are informed with official respect that Ignatz Gutman
is in actual service since the 7th of January of this year in the
Second Company (of the Twenty-fifth Regiment) at Losoncz station as
volunteer for three years’ service.
Basler,
Colonel of the I. and II. Regiment of Infantry, Freiherr
von Purcker, No. 25.
Vienna, March 8,
1898.
[Inclosure 6 in No. 60.]
Mr. Tower to Col.
Basler.
Legation of the United States,
Vienna, March 11, 1898.
Sir: The friends and relatives in America
of one Ignatz Gutman, a naturalized citizen of the United States of
Hungarian birth, have made complaint at the Department of State at
Washington that the said Gutman was arrested during a visit which he
recently made to Hungary, and is now obliged to perform military
service in your regiment in disregard of his rights as an American
citizen. But the American consul in Budapest reports to me that, in
a letter which you did him the honor to write to him on the 8th of
March, you explained to him that Ignatz Gutman is serving as a
volunteer for three years. I shall be greatly indebted to you if you
will kindly inform me of the conditions under which the said Gutman
enlisted, and under which he was sworn into the service in Hungary,
in order that I may make a report of the true state of the case to
my Government.
I have, etc.,
[Inclosure 7 in No. 60.]
Mr. Gutman to Mr.
Tower.
Your Honor: I have received to-day your
letter and I give you the right answers of your questions.
When did I come to Hungary? I came to Hungary in 1897, October 19.
Were I ever in the Army hier? I never was, only since 1898, January
the 12th, I came hier. How did I come into the Army? I went
voluntarily to the military authorities, because they was looking
for me all ready, and in the same time I did not had no money I
should
[Page 44]
return to America and
thought they wouldn’t take me because I have weak eyes, but they
took me. My trade was in America as sigar salesman, but in this
country I don’t understand nothing. What I am doing now? I am hier
in the Army and doing what a soldier has to do. When do I expect to
return to America? Soon as I get free from hier and I am waiting
very hard for that time, and I beg Your Honor again that if you
would be so kind and make me free from this place and I think this
is not so hard for your Honor, because I am a citizen of the United
States.
Very truly yours,
Please let me know what you can do for me.
[Inclosure 8 in No.
60.—Translation.]
Colonel Basler to
Mr. Tower.
Sir: In reply to the esteemed note of the
11th of March, 1898, No. 300, I have the honor to say that for the
present I am unable to give any information relative to the arrest
and enrollment of Ignatz Gutman, serving at present as an enlisted
man in my regiment, but that I shall apply for such details at the
commander of the military district to which the Twenty-fifth
Regiment belongs, and shall be happy to acquaint you with the result
as soon as it has been received.
Vienna, March 18,
1898.
Basler,
Colonel of the I. and R. Regiment, No. 25, Freiherr von
Purcker.
[Inclosure 9 in No.
60.—Translation.]
Colonel Basler to
Mr. Tower.
Sir: Supplementary to my note of the 18th
of March last, I beg leave to inform you that a letter received from
the magistrate at Rosenau tells me that Ignatz Gutman was not
arrested there for having failed to render military service, but
that he reported voluntarily and was then enrolled at Losoncz.
The above-named was enrolled as being domiciled in Rosenau.
Finally, I beg leave to make known that this man is at present with
his regiment at Vienna.
Basler,
Colonel of the I. and R. Regiment, No. 25, Freiherr von
Purcker
