Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1899
Mr. Harris to Mr. Hay.
Vienna , August 7, 1899 .
Sir: I have the honor to report to you for your information the ease of Moris Thoman, a naturalized citizen of the United States, who was arrested in Hungary for nonperformance of military duty and released upon the intervention in his behalf of this legation.
Moris Thoman was born at Szobrancz, Hungary, on the 11th day of January, 1864, and emigrated to the United States in the year 1883, when he was 19 years of age. He resided in the United States eleven years, during which time he was admitted to citizenship before the court of common pleas of Philadelphia, at Philadelphia, Pa., on the 6th day of September, 1888. Being in poor health, he was advised that he would be benefited by a trip to Europe, whereupon he decided to make a visit to his brother residing in Berlin. He accordingly left the United States in June, 1894, reaching Berlin within the same month. Since his arrival in Europe he has continued to reside with and has made his home with his brother.
On the 21st of August, 1898, while on a visit to Szobrancz, Hungary, the place of his birth, for the purpose of attending the wedding of a relative, he was summoned by the “Stuhlrichter” (district judge) at Szobrancz to appear before the “Bezirkshauptmann “(governor) of that district for military examination. He presented his United States certificate of naturalization as evidence of his American citizenship to the Stuhlrichter, but this document was ignored by that official. He was informed that his name was upon the list of persons from Szobrancz liable to perform military service, and that he would accordingly be required to submit to the physical examination. The date of this examination was fixed by the Stuhlrichter for the 5th day of September, 1898, and Mr. Thoman was given the alternative either of remaining under arrest until that date or of furnishing bail in the sum of 150 florins as security for his appearance on that date. As Mr. Thoman would not submit to an unjust arrest, his only alternative was therefore to deposit with the Stuhlrichter the 150 florins demanded of him. This he did, but under protest, returning then at once to the house of his brother in Berlin. From there he appealed to this legation for assistance, which was given to him immediately. Representations were made in his behalf to the Austro-Hungarian ministry of foreign affairs by the secretary of this legation, Mr. Charles V. Herdliska, who was at that time acting as chargé d’affaires ad interim, whereupon an official inquiry was instituted into the facts of his case, with the result that Mr. Thoman’s American citizenship has been recognized, that he has been freed from obligation to serve in the Imperial and Royal army of Austria-Hungary, and that the bail in the sum of 150 florins which was unjustifiably exacted of him has been returned to him.
Copies of the entire correspondence relating to this case are respectfully submitted herewith.
I have, etc.
Mr. Thoman to Mr. Tower.
Your Excellency: Permit me to place my case before you and to request your kind assistance. The facts are as follows:
I was born on January 18, 1864, at Szobrancz, Hungaria, and emigrated to the United States in 1883, where I became naturalized before the court of common pleas at Philadelphia, Pa., on September 6, 1888. I last left the United States in June, 1894, and am at present staying with my brother in this city, my health not permitting me to return to the United States for the present.
On the 21st instant, while on a visit at Szobrancz for the purpose of attending a wedding of a relative of mine, I was notified that I would have to appear for examination for the purpose of performing military duty, but, on making a deposit of 150 florins, I was not arrested, and preferred to leave the money in the hands of the Stuhlrichter of the political authorities of that place and leave the country.
I beg to inclose my certificate of naturalization and certificate of birth, begging their ultimate return, from which papers it will be seen that the former gives my first name as Moris while the latter gives it as Mozes. I was always known under the name of Moris and therefore became naturalized under that name.
The time for me to appear was fixed on the 5th of next month, and I therefore beg that you will have the great kindness to intervene in my behalf so as to have the money returned to me and that my name, as an American citizen, be stricken from the list of those liable to military service in Austria-Hungary.
Excuse the trouble I am causing, and please accept my best of thanks for anything you may see fit to do in my case.
I beg, etc.,
Mr. Herdliska to Mr. Thoman.
Vienna , August 31, 1898 .
Sir: I have duly received your letter dated at Berlin on the 24th of August, 1898, in which you state that you are a naturalized American citizen; that you were born in Hungary in 1864; emigrated to the United States in 1883; were naturalized before the court of common pleas in Philadelphia, Pa., on September 6, 1888; last left the United States in the month of June, 1894, and have, since your arrival in Europe, made your home with your brother in Berlin, your health not permitting you to return to the United States. You further inform me that on the 21st of August, 1898, while on a visit to Szobrancz, Hungary, the place of your birth, for the purpose of attending the wedding of a relative, you were served with a notice that you would be required to present yourself before the local Stuhlrichter for examination for military service. On making a deposit with the Stuhlrichter in the sum of 150 florins, you were not arrested, and [Page 62] thereupon immediately left the country, returning to Berlin. You state that the date for your appearance at Szobrancz for your examination is fixed for the 5th of September, 1898, and you beg, from Berlin, that this legation intervene with the Austro-Hungarian Government in your behalf, in order that this money—which you most probably furnished as bail for your appearance on that date, and which, as you have no intention of appearing, you do not wish to see forfeited—may be returned to you and your name be stricken from the list of those liable to military duty in Austria-Hungary.
As evidence of your naturalization you send to this legation your certificate of naturalization, issued to you by the court of common pleas of Philadelphia County, at Philadelphia, Pa., on September 6, 1888. You also inclose your certificate of birth.
Before this legation can take any steps in your case it will be necessary for you to state:
- 1.
- Whether you emigrated to America from Hungary after having been drafted at the time of conscription, and thus having become enrolled as a recruit for service in the standing army; or,
- 2.
- Whether you emigrated while you stood in service under the flag, or had a leave of absence only for a limited time; or,
- 3.
- Whether having a leave of absence for an unlimited time, or belonging to the reserve or to the militia you emigrated after having received a call into service.
It will further be necessary for you to inform this legation as to the details of the deposit of 150 florins made by you; whether the money was demanded of you in lieu of arrest, or whether you furnished it voluntarily.
With these details in hand I shall take such steps as may be necessary to assist you.
I am, etc.,
Chargé d’Affaires ad interim.
Mr. Thoman to Mr. Herdliska.
Dear Sir: Your esteemed favor of the 31st ultimo came duly to hand, and in reply I beg to state:
To questions 1 and 2, I have never been drafted into the army, i. e., was never accepted as a soldier, although I presented myself for examination on one occasion. I did not apply for a leave of absence as I did not deem it necessary, not having to fulfil any military duty at the time of my emigration to America.
To question 3, I did not belong to the reserve or militia at the time of my emigration.
To recapitulate: I was never accepted as a soldier in Austria-Hungary, and belonged to neither reserve or militia at the time of my emigration, but emigrated without any leave of absence.
As to the deposit of the 150 florins I beg to state that at the time of my visit at Szobrancz I was informed that gendarmes were instructed to arrest me for avoidance of military duty, and a relative of mine visiting the Stuhlrichter of the Politische Behorde was told that I would [Page 63] either be arrested or have to deposit the sum of 150 florins as security for my appearance before the proper military authorities. This sum was deposited, but I left the country not wishing to encounter further difficulty.
I was still at military age at the time of my emigration, but not accepted. I was 20 years of age at the time.
I hope that I have now placed before you all the facts necessary in my case, and that you will be in a position to kindly fulfil my request, that the money deposited be returned, and my name be stricken from the list of those liable to perform military duty.
With best thanks in advance, I beg, etc.,
P. S.—I forgot to state that the Stuhlrichter stated at the time that he would only hold the deposit of 150 florins until the 5th instant, and after that date it would be forfeited.
Mr. Herdliska to the Stuhlrichter at Szobrancz.
Vienna , September 3, 1898 .
Sir: Complaint has been made to this legation by Mr. Moris Thoman, a naturalized citizen of the United States of America, who was born at Szobrancz, Hungary, in 1864, and who emigrated to the United States in 1883, when he was 19 years old, and who is now temporarily residing in Berlin, Germany, that while on a visit to Szobrancz, for the purpose of attending the wedding of a relative, he was served with a notice that he would be required to present himself before the Stuhlrichter for examination for military service on the 5th of September, 1898, and that on making a deposit of 150 gulden he was not put under arrest pending his appearance.
The legation of the United States has the honor to advise the Stuhlrichter of Szobrancz that Mr. Moris Thoman is now a citizen of the United States, that he emigrated to America from Hungary before he was drafted at the time of conscription, and thus before having become enrolled as a recruit for service in the standing army, and can therefore, under Article II of the treaty of September 20, 1870, between Austria-Hungary and the United States of America, not be held to military service in Austria-Hungary now, nor is he liable now to trial and punishment for the nonfulfillment of military duty.
For this reason Mr. Thoman will not appear for examination for military service before you on the 5th of September, the date fixed by you, and the legation of the United States of America has the honor therefore to request that you will be kind enough, inasmuch as you had no claim upon Mr. Thoman, to return to this legation the 150 gulden you exacted of him to guarantee his appearance on the 5th instant.
The legation of the United States has the honor also to request that you will strike Mr. Thoman’s name from the lists of those liable for military duty from Szobrancz.
I have, etc.,
Chargé d’Affaires ad interim.
Mr. Herdliska to Mr. Thoman.
Vienna , September 10, 1898 .
Sir: I have duly received your letter of September 2, 1898, in which you state, in reply to my letter to you of August 31, 1898, that you were “never drafted into the Austro-Hungarian army; that, although you presented yourself for examination on one occasion, you were not accepted.” You further state that you “did not apply for a leave of absence at the time of your emigration to America as, not having any military duty to perform, you did not consider it necessary.”
With reference to the 150 florins left by you with the Stuhlrichter of Szobrancz, you state that you “deposited the sum as security for your appearance before the proper military authorities.” I have now to inform you that on the 3d of September, 1898, the date of the receipt of your letter, representations were made by me to the Stuhlrichter at Szobrancz for the return to you of the money deposited by you with him, and for the cancellation of your name from the lists of those liable to military duty from Szobrancz. Should these requests not be acceded to by the Stuhlrichter, or should I not hear from him within a reasonable time, I will present your case for adjustment to the Imperial and Royal ministry of foreign affairs of Austria-Hungary.
I am, etc.,
Chargé d’Affaires ad interim.
Mr. Herdliska to the Foreign Office.
Vienna , September 15, 1898 .
Sir: Complaint has been made at this legation by Moris Thoman, a naturalized citizen of the United States of America, of Hungarian birth, that he was unjustly arrested at Szobrancz, Hungary, upon a charge of nonperformance of military duty and was unjustifiably required to deposit with the Stuhlrichter of Szobrancz, as security for his appearance for examination upon the date fixed by the Stuhlrichter the sum of 150 florins, which money has never been returned to him. The facts of this case, as stated by Mr. Thoman, are these:
Moris Thoman was born at Szobrancz, Hungary, on the 11th day of January, 1864, and emigrated to the United States in the year 1883, when he was 19 years of age. He resided in the United States eleven years, during which time he was admitted to citizenship before the court of common pleas, of Philadelphia, Pa., on the 6th day of September, 1888. As he was in poor health, Mr. Thoman was advised that he would be benefited by a trip to Europe, whereupon he decided to make a visit to his brother residing in Berlin, Germany.
He accordingly left the United States in June, 1894, reaching Berlin [Page 65] within the same month. Since his arrival in Europe, his health not permitting his return to the United States, he has continued to reside with and has made his home with his brother.
On the 21st of August, 1898, while on a visit at Szobrancz, Hungary, the place of his birth, for the purpose of attending the wedding of a relative, he was summoned by the Stuhlrichter of Szobrancz to appear before the bezirkshauptmannschaft of that district for military examination. He presented his United States certificate of naturalization as evidence of his American citizenship to the Stuhlrichter, but that document was completely ignored by that official. He was informed that his name was upon the list of persons from Szobrancz liable to perform military service, and that he would accordingly be required to submit to the physical examination. The date for this examination was fixed by the Stuhlrichter for the 5th day of September, 1898, and Mr. Thoman was given the alternative either of remaining under arrest until that date, or of furnishing bail in the sum of 150 florins as security for his appearance on that date. Mr. Thoman would not, as a matter of course, submit, as an American citizen, to an unjust arrest. His only alternative, therefore, was to deposit with the Stuhlrichter the 150 florins demanded of him. This he did, but under protest, returning then at once to the home of his brother in Berlin, where he is at present temporarily residing.
Mr. Thoman declares that he had never been summoned or enrolled as a conscript in the Imperial and Royal army of Austria-Hungary before he emigrated to America. He declares further that although he did upon one occasion, before his emigration to America, present himself voluntarily for examination, he was not accepted. He did not apply for a leave of absence at the time of his emigration to America, as, having no military duty to perform, he did not consider it necessary.
I have the honor to present these facts to your excellency’s attention, with the request that an examination of them may be made by the proper authorities, and that if they be found correct, as they have been reported to me, the name of the said American citizen, Moris Thoman, may be removed from the Imperial and Royal military lists and the Stuhlrichter at Szobrancz be instructed to return to Mr. Thoman, without delay, the 150 florins unjustifiably exacted of him.
I avail myself, etc.,
Chargé d’Affaires ad interim.
Mr. Thoman to Mr. Herdliska.
Sir: I beg to acknowledge the receipt of your esteemed favor of the 10th instant (which reached me yesterday), and to express my sincere thanks for the interest which you are giving my case. Hoping that your efforts will meet with success and that I may soon be in possession of a favorable reply, I beg, etc.,
Mr. Thoman to Mr. Herdliska.
Dear Sir: The money paid by me as a fine for the nonperformance of military duty to the Stuhlrichter at Szobrancz, Hungaria, has been returned. This was due to your kind intervention in my behalf, for which please accept my sincere thanks.
Will you be good enough to inform me whether the Austrian Government has already informed the legation of any decision reached in my case, and whether my papers, which I transmitted to you, have been returned. I would also be grateful if you would kindly inform me whether my name has been stricken from the military lists, and if I may, should occasion arise, return to Austria-Hungary without being liable to molestation or arrest.
Awaiting your kind reply, I beg, etc.,
Mr. Herdliska to Mr. Thoman.
Vienna , February 4, 1899 .
Sir: This legation has duly received your letter of the 23d of November, 1898, and is gratified to learn therefrom that the “Stuhlrichter” at Szobrancz, Hungary, has, in consequence of the representations made to him by this legation, recognized your American citizenship and returned to you the 150 florins which you were required by him to deposit as bail at the time of your arrest there last August upon the charge of nonperformance of military duty.
On the 15th of September, 1898, I presented your case to the Austro-Hungarian foreign office also, and requested that your name be removed from the lists of those liable to military duty. The legation has not as yet been favored with a reply from the foreign office, but I am confident that your American citizenship will be duly recognized and your name removed from the lists of those liable to military duty in Austria-Hungary.
In the meantime I return to you herewith your certificate of naturalization issued to you by the court of common pleas No. 4, for the county of Philadelphia, at Philadelphia, Pa., on the 6th day of September, 1888, and your certificate of birth, which you sent to this legation in your letter of the 2d of September, 1898.
When a reply from the Austro-Hungarian foreign office is received, it will give me pleasure to advise you thereof.
I am, etc.,
Chargé d’Affaires ad interim.
The Foreign Office to the Legation.
Replying to the esteemed note of the chargé d’affaires ad interim of the United States, Mr. Charles V. Herdliska, of date the 15th of September, 1898, No. 76, the Imperial and Royal ministry of foreign affairs has the honor to most respectfully inform the legation of the United States of America that the bail in the sum of 150 florins, which was deposited by his uncle, Elias Moskovics, for Moritz alias Moses Thoman, born in the year 1864, at one time a resident of Szobrancz and at present domiciled in Berlin, was returned to said Elias Moskovics by the Oberstuhlrichter (district judge) of the district of Szobrancz already on the 30th day of October, 1898.
The Imperial arid Royal ministry of foreign affairs has the honor to most respectfully inform the legation of the United States of America further that, according to a decree of the Royal Hungarian ministry of the interior of date the 3d of July of the current year and numbered 63752–1, the said Moses (Moritz) Thoman is recognized, according to Article I of the treaty of naturalization, as a citizen of the United States of America, and that in consequence of such recognition the necessary measures have been taken that Thoman’s name be struck from the rolls of the Imperial and Royal army and from the list of those persons who are liable to military duty, but who are absent.
For the minister:
The Legation to Mr. Thoman.
Sir: Supplementary to my letter to you of the 4th of February, 1899, I beg to inform you that this legation is now in possession of a reply from the Austro-Hungarian foreign office to the representations made to it in your behalf; the result of which representations is that, according to a decree of the Royal Hungarian ministry of the interior of date the 3d of July last, you are recognized by the Hungarian Government, according to Article I of the treaty of naturalization, as a citizen of the United States of America, and in consequence of such recognition the necessary measures have been taken that your name be struck from the rolls of the Imperial and Royal army and from the list of those persons who are liable to perform military service, but who are absent.
This ends your case, and you are therefore at liberty to visit Austria-Hungary now or at any time in the future without molestation.
I inclose to you herewith, for your information, a translation of the note received from the foreign office disposing of your case.
I am, etc.,
Secretary of Legation.