Francis to Count Szögyényi, February 2, 1885

Mr. Francis to Count Szögyényi.

Your Excellency: I have the honor to acknowledge the receipt of your excellency’s esteemed note 1814/7, dated January 22, 1885, announcing that the imperial royal ministry of public defense had decided upon the evidence presented in the case of Louis Feinknopf, a citizen of the United States, arrested at Krakau, October 23, 1884, charged with owing military service to the Imperial Royal Government, that the said Feinknopf be discharged from such service by virtue of articles 1 and 2 of the treaty of September 20, 1870. And your excellency transmits at the same time as inclosures the naturalization certificate of Louis Feinknopf, and accompanying notarial certificate in reference to his emigration to America.

In regard to the discharge of the said Feinknopf from military service as mentioned, your excellency observes that “the necessary orders for carrying out this decision have already been given to the competent authorities.” For your excellency’s information, I will state that on the 30th ultimo, applying at the proper office of the military authorities at Krakau for his discharge certificate, Feinknopf writes me that in answer to his request it was stated that the order for his discharge had just been received, and that five days more would elapse before the certificate would be delivered to him.

Referring to the delay in reaching a decision in this case, in your excellency’s note 29856/7, dated December 28, 1884, your excellency is pleased to remark as follows (after stating that objections had been raised to the discharge of Feinknopf by the imperial royal commander of the respective army corps, rendering necessary a renewal of investigations, to which was to be attributed the delay):

“In the mean time the imperial royal statthalter (governor of province) at Lemberg has been put in possession of Leibel Feinknopf’s naturalization certificate, deposited here a few days ago by the honorable envoy of the United States of North America, which document is likely to be the means of bringing the whole affair to a speedy decision.” (Translation.)

This averment in the absence of explanation might leave the impression that until the time mentioned, namely, a few days prior to the 28th of December, I had failed to furnish the necessary evidence—Feinknopf’s naturalization certificate—required to secure his discharge from military service. But the fact is, I presented this certificate for the information of Baron Pasetti during my first interview on this subject at the foreign office, which he looked over and returned to me. In an interview with him on November 7, I again presented for his excellency’s observation this certificate and other papers as establishing the facts carefully stated in my note of October 28th, which certificate was again returned to me. Again, personally delivering to his excellency Count Szögyényi my note addressed to Baron Pasetti, November 21, I offered for his (Count Szögyényi’s) observation or use the papers in the case, including the naturalization certificate referred to, which latter was returned to me after a hasty glance over the paper. And, as your excellency will doubtless remember, it was not until December 23 that your excellency, again receiving the naturalization certificate at my hands, requested that it should be left with you for the purpose of facilitating an early conclusion of the whole matter.

I take the liberty of setting forth these facts, your excellency, in no reproachful sense, but to show that the embarrassing delay in the case so justly decided was through no neglect or omission on my part to supply the needed evidence for a prompt decision; and at the same time it gives me pleasure to bear evidence of the interest always expressed by your excellency to bring the matter to an early and honorable conclusion.

I embrace, &c.,