Chargé Hale to the
Secretary of State.
American Embassy,
Vienna
,
April 15,
1905
.
No. 221.]
Sir: I have the honor to acknowledge the
receipt of the Department’s No. 147 of the 1st instant,a inclosing copy or a letter from
the Hon. Henry M. Goldfogle, M. C., from New York, in regard to the case
of a naturalized American, a native of Austria, who is desirous of
visiting his former home, but is apprehensive that his desertion from
the Austrian army at the time or his emigration may cause him trouble
should he visit this Empire.
Concerning the facts desired by Mr. Goldfogle, viz, regarding an alleged
amnesty decree issued by the Emperor, under which the person in whose
behalf Mr. Goldfogle writes, could return in safety to his native land,
and the liability to extradition from Germany to Austria of a person
still deemed guilty of desertion under the laws of this country, I beg
to report as follows:
- 1.
- By order of the Emperor an amnesty decree (copy of which is
inclosed herewith) was issued on December 2, 1898, on the
occasion of the celebration of the fiftieth anniversary of His
Majesty’s accession to the throne. This decree applied only to
those who had been summoned for military service, but had failed
to appear for examination as to their fitness for same. I am
reliably informed that the above amnesty decree is the only one
dealing with military offenses ever issued by the Emperor. It
does not cover the act of desertion, and [Page 68] consequently the person in question would
on return to his native land be liable to trial and punishment
for nonfulfillment of his military duty in conformity with the
treaty of September 20, 1870, between the United States and
Austria-Hungary.
- 2.
- I find upon inquiry at the German embassy that an extradition
treaty for the delivery of military fugitives, made in 1831 and
still in effect, exists between Austria and the Kingdom of
Prussia and that practically similar treaties likewise exist
between the monarchy and all the other states forming the
present North-German confederation. Such being the case, it
seems to me that if the person in whose behalf Mr. Goldfogle
writes should come to Germany he would, despite his present
American citizenship and in conformity with the treaties last
above referred to, and also with our naturalization treaty with
Austria-Hungary of 1870, be theoretically liable to extradition.
I believe, however, that the gentleman in question, if bearing
an American passport, could in reality safely come to Germany
for an indefinite sojourn without fear of such
molestation.
I have,
[Inclosure.—Translation.]
Circular order of December 3, 1898, Section 4,
No. 2416.
[December 3,
1898]
No. 237.—Act of amnesty for persons who fail to
present themselves for military service in the kingdoms and
provinces represented in the Imperial council, and members of the
Austrian Landwehr.
The amnesty act contained in the circular order of the Austrian
minister for national defense of November 23, 1898, No. 3188 (army
orders for the Austrian Landwehr, No. 53, of November 26, 1898), on
account of the fiftieth anniversary of His Majesty’s accession to
the throne, is hereby proclaimed as follows:
His Imperial and Royal Apostolic Majesty on December 2, 1898, deigned
to grant:
- 1.
- To all subjects of the kingdoms and provinces represented
in the Imperial council who are now undergoing punishment
for failure to present themselves for military service or
whose term of military liability has merely been prolonged
for this reason remission of the remaining punishment and of
the prolongation of the military liability, unless they are
also undergoing punishment or criminal prosecution for
another offense; to those above-mentioned persons who are
undergoing investigation or trial for failure to present
themselves for military service or who have already been
criminally prosecuted or who are merely awaiting a
prolongation of their term of military liability, unless
they are undergoing punishment, or prosecution for another
crime, remission of further investigation and punishment, as
well as of the prolongation of the military liability
administered in connection therewith or as the sole
punishment; to those who are being criminally prosecuted and
to those who are awaiting criminal prosecution or merely a
prolongation of their term of liability on condition that
within one year from this proclamation of amnesty they shall
comply with the obligation of presenting themselves for
military service and perform any such service to which they
may be liable according to law.
- 2.
- To all members of the Landwehr of the kingdoms and
provinces represented in the Imperial council who are
undergoing punishment because of failure to obey a command
to perform exercises under arms or because of desertion by
disobedience of such command, unless they are also
undergoing punishment or criminal prosecution for another
crime, the remission of the remaining punishment;
furthermore, to all members of the Landwehr of the kingdoms
and provinces represented in the Imperial council who, owing
to disobedience of a command to take part in exercises under
arms or owing to desertion by disobedience of such command
are undergoing investigation or criminal prosecution or are
awiting criminal prosecution or disciplinary punishment on
this score, unless they are also being punished or
criminally prosecuted for another crime, remission of
further investigation and punishment; to persons undergoing
criminal prosecution and to those awaiting criminal
prosecution or disciplinary punishment, on condition that
within one year after the proclamation of this amnesty they
shall request to be included within it, and in case they
have already been declared deserters, but have not yet been
sentenced as such, that they shall relinquish the grade they
are holding. (Imperial decisions of November 20,
1898.)
Edler von Krieghamner,
General of Cabinet.
No. 238. Similar to above order, but referring to Hungary.
