Francis to Baron Pasetti, April 11, 1885

Mr. Francis to Baron Pasetti.

Your Excellency: I have the honor to acknowledge the receipt of your excellency’s note numbered 8357/7, dated April 8, 1885, relative to the case of Harry Rice, who was arrested at Lippa, Hungary, in February last, charged with owing military service to the Austro-Hungarian Government.

Rice had previously shown to me his certificate of naturalization, duly authenticated, by which it appeared that he was naturalized and declared to be a citizen of the United States by the circuit court of Cook County, Illinois, at Chicago, 19 December, 1884. Assuming this certificate as evidence of such citizenship, in notes addressed by me to Baron Pasetti, dated March 7, 1885, No. F. O. 39, and to Count Szögyényi, dated April 3, 1885, No. F. O. 46, respectively. I requested that proceedings against the said Rice as above be discontinued, and that his name be erased from the rolls as owing military service to the Imperial Royal Government.

It now appears from the statement of this case as presented in your excellency’s note, assuming that the evidence is accurate upon which the statement is based, that Rice Slaving resided at Lippa until the beginning of 1881, when he left that place for the United States, he could not have maintained an uninterrupted residence in the latter for five years up to the date of his naturalization, December 19, 1884, as required under the naturalization laws of the United States, and specifically mentioned in the treaty of 1870 as a condition of acquired citizenship thereof by an alien; and furthermore, that the birth registry showing he was born January 17, 1864, he had not arrived at the age of twenty-one years at the date of his naturalization certificate as that certificate declares. If these facts are established by competent evidence, the conclusion is inevitable that Rice’s certificate of naturalization was obtained by fraudulent means and must be regarded as invalid.

In conformity with the request of your excellency, I shall hasten to communicate with my Government on this subject with a view of ascertaining the facts in the case, for if illegal methods have been employed to secure the naturalization certificate, the Government of the United States will not hesitate to reprobate the wrong and use every practicable means to bring to justice, the violators of the law.

I will thank the ministry of foreign affairs for an authenticated copy of testimony, or substance of testimony, that has been or may be taken in this case, to the end that I may forward such evidence to my Government for its information.

I avail, &c.,