File No. 363.117/8.
The American Chargé
d’Affaires to the Secretary of
State.
No. 514.]
American Embassy,
Vienna,
August 4, 1913.
Sir: In view of the oft-recurring arrest and
imprisonment in Austria-Hungary of naturalized American citizens on the
charge of evasion of military service, and of the instructions contained
in the last paragraph of the Department’s No. 305 of the 16th ultimo, I
addressed a note dated the 2nd instant to the Minister for Foreign
Affairs, a copy of which is enclosed, calling his attention to the
frequency of these cases and expressing the hope that the various
local-officials throughout the Dual Monarchy might be informed of the
terms of the Treaty of Naturalization and instructed to give due and
prompt consideration to the evidence presented in each case before
having recourse to extreme measures.
During my interview with him on the same day I went more into detail,
pointing out especially that the laws of Austria-Hungary granted no
compensation or relief to persons unjustly arrested and held for trial,
but provide only for cases of unjust conviction and punishment.
Count Berchtold promised to discuss the matter with the Minister of the
Interior.
I have [etc.]
[Inclosure.]
The American Chargé
d’Affaires to the Minister for
Foreign Affairs,
No. 418.]
American Embassy,
Vienna,
August 2, 1913.
Pursuant to instruction from his Government the undersigned, Chargé
d’Affaires ad interim of the United States of America, has the honor
to invite the attention of his excellency, Count Berchtold, Imperial
& Royal Minister for Foreign Affairs, to the comparatively large
number of cases of arrest and imprisonment of American citizens,
former Austro-Hungarian subjects, which have occurred in the Dual
Monarchy within recent months on the charge of evasion of military
service.
In practically every instance proof has been given establishing the
right of these persons to exemption from military service under the
provisions of the Austro-Hungarian-American Naturalization
Convention of 1871. It would appear that in the majority of cases
ample proof of this fact was produced at the time of arrest, but
that in spite of this these persons have been subjected to the
indignity of imprisonment together with the sequestration of their
papers and funds, thereby inflicting on them, and often on their
families, both inconvenience and loss.
While the American Government is in no wise desirous of either aiding
or abetting evasions of the just obligations of its naturalized
citizens to the country of their origin, the undersigned ventures to
express the hope that some means may be found by which the competent
local authorities throughout the Dual Monarchy may be advised of the
terms of the treaty of 1871 and that American citizens, born in
Austria-Hungary, may be assured of a prompt examination of the
evidence at hand before being deprived of either their property or
liberty.
The undersigned avails [etc.]
