Francis to The protocol is closed and undersigned. Date as above. KABDEBO , Judge, April 25, 1885

Mr. Francis to Mr. Bayard.

Sir: On the 25th of February last I received a letter from Harry Rice, dated at Lippa, Hungary, the previous day, claiming to be an American citizen, and requesting protection from conscription in the imperial royal army.

He stated that he was arrested by the Lippa police on the 20th of February, charged with owing military service to the Government of Austria-Hungary, and that March 8 was the appointed day for his examination with a view to assigning him in the army. The police had taken possession of his naturalization certificate, and he could therefore not forward it to me. He stated that he left Hungary in 1879, when he was 16 years old, and mentioned the fact, which I distinctly remembered, that calling at this legation a few weeks previously, and showing me his naturalization certificate, I stated it should assure him protection from military conscription. And in this connection I explained to him the terms of the treaty bearing upon his case.

On the 27th of February I left a verbal memorandum of the case with Mr. Szögyényi at the foreign office, and on the 5th of March I received reply by note from Baron Pasetti, translation of which is herewith inclosed. To this I made response March 7 (copy inclosed), transmitting with my note copy of Henry Rice’s naturalization certificate, which I had just received from him.

April 1 Rice wrote me that he desired to return to the United States during the month, but the bail bond he had given to the authorities remained uncancelled and his certificate of naturalization was withheld from him, and he could not leave until the matter was adjusted.

April 3 I addressed a note to Mr. Szögyényi (copy inclosed) requesting, as there seemed to be no question in this case, that prompt action might be taken by the Imperial Royal Government to relieve Rice from arrest, so as to enable him to return to the United States. To this I received reply by note from Baron Pasetti, dated April 6 (translation inclosed) stating that the imperial royal ministry of foreign affairs had recommended the royal Hungarian ministry of public defense to make speedy decision of the case.

April 8 I received from Baron Pasetti another note, and one of importance as indicating the results of the investigation in this case by the royal Hungarian ministry of public defense (copy of translation thereof inclosed) wherein it is alleged upon the testimony of his late employer at Lippa, that Harry Rice did not leave that place for the United States until 1881, and could not therefore have resided in the United States five years prior to the date of his naturalization certificate December 19, 1884, copy of which is herewith inclosed; and, moreover, that according to the official registry of his birth he was not 21 years of age at the date of said certificate. This exposition presented the matter in a new and very unfavorable light for Rice, and April 11 I addressed a note to Baron Pasetti (copy inclosed) stating that if the alleged facts are established by competent evidence, Rice’s certificate of naturalization was obtained by fraudulent means and must be regarded as invalid.

I also requested authenticated copy of testimony for information of my Government. April 15 I received a note from Baron Pasetti in reply (translation inclosed) with certified copy of evidence in the case (translated), including testimony as to the time Rice left Lippa, and authenticated copy of extract from Israelitic register of birth at Lippa, showing date of the birth of Rice. It will be observed that in his note as above, Baron Pasetti, in behalf of the imperial royal ministry, requests that the information which may be obtained in the United States in regard to this case, be communicated to his Government. April 18 I replied to this note (copy inclosed), promising to communicate information to the imperial royal ministry upon the subject as instruction may be given by my Government.

On receiving the notes with evidence in this case from the foreign office, I promptly informed Rice by letter of the facts, saying nothing could be done for him unless he presented proof properly authenticated that he left Lippa for the United States at a year and date that would cover a period of time admitting five years’ residence therein prior to the date of his naturalization certificate, and furthermore, conclusive proof as to his age showing that he was 21 years old at the date of said certificate. I requested him also to furnish me the names of the persons who were his witnesses in the proceeding of his naturalization at Chicago. In reply, Rice states it is not true that he left Lippa in 1881; that his former chief and the servant of the synagogue had “sworn before the judge” that he emigrated from Lippa in May, 1879, but the judge declined to furnish him a certificate of this testimony, saying it must be given by another official known in Hungary as the “Vize Gespan.” Rice says that with a request from me, written in German, he can obtain the evidence through the latter official. This request has been communicated to him as desired. He gives the names of his naturalization witnesses, resident in Chicago, as W. Friedmann and a Mr. Sonnenfeld, whose first name he does not remember.

I inclose herewith copy of Rice’s first letter to me in answer to charges made against him. It will be seen that he admits he was not 21 years of age when he obtained his naturalization certificate, lacking, as he says, “only a few days,”—as a matter of fact nearly one month—from December 19, 1884, the date of his naturalization certificate, to January 17, 1885, his twenty-first birthday.

That he knew he was not 21 years old when he received this naturalization paper which certifies he had attained that age, he does not deny, and he must have falsely represented his age to the court that issued the certificate. And so far he has not furnished me any authenticated evidence to disprove the testimony of his late employer at Lippa, Ignaz Jellinek, that he was with him (Jellinek) as an apprentice until “the beginning of 1881.” If this sworn testimony is true Rice could not have resided longer than between three and four years in the United States prior to the issue of this naturalization certificate. December 19, 1884.

The imperial royal ministry of foreign affairs has placed in my hands the original of Rice’s natualization certificate. It will be held by this legation awaiting instruction from the Department. And here I may be permitted to remark that, assuming this certificate to have been obtained by fraud and perjury, as seems quite certain, in my opinion prompt action by our Government to secure its cancellation, and, if possible, to bring to punishment the violators of law in the premises, would have a salutary effect.

It is upon the integrity of these certificates that diplomatic representatives of our Government must depend in assuring protection to persons abroad claiming to be naturalized citizens of the United States. Instructions with reference to the courteous request of the imperial and royal ministry of foreign affairs respecting the case under consideration are respectfully requested.

I have, &c.,

Protocol taken at Lippa the 6th of March, 1885, before the judge of the Lippa district.

There were present the undersigned.

Respecting the military obligations of Harry Rice, born in Lippa, the folio wing are the proceedings of the examination called out in connection with his place of residence:

The Israelitic instructor of religion and recorder, James Lichter:

Q. Do you know Harry Rice?—A. Yes; I know him.

Q In what year was he born?—A. In the year 1864, as maybe seen from the extracts of the records presented by me at the military examinations last year.

Q. Where is the permanent place of residence of the parents and family of Harry Rice?—A. At Lippa.

Q. Do you know whether Harry Rice had left the community of Lippa, where he and his family belong, permanently; and whether he emigrated from Austria-Hungary and became an American citizen?—A. I know that he emigrated; but that he became a United States citizen I only know from hearsay.

Q. Have you any knowledge of the fact, or did Harry Rice report to you as the recorder, his departure; do you, therefore, know that he had left Lippa?—A. He did give no notice, but simply took leave of me; the exact time I don’t remember.

Ignaz Langleben, a resident of Lippa, and servant at the Israelitic congregation:

Q. Do you know Harry Rice?—A. Yes.

Q. Have you information when Harry Rice left Lippa for America?—A. It is about the fifth year, and may coincide with the time of arrival of the new choir-leader, for I do not remember that he was in the synagogue under the new choir-leader. Then I suddenly heard that he had gone to America. Being old, and not having a good memory, I don’t recollect the year or the month in which the new choir-leader came to Lippa. Harry Rice was in the synagogue after his return.

Ignaz Jellinek, resident and tradesman of Lippa, communicates the following in this case:

In the period while I was in business Harry Rice was with me for three years as an apprentice. He came to me in 1878 and his contract expired in 1881. Toward the close of the third year, namely, in the beginning of 1881, he requested me to dismiss him before the time, as he designed to go to America, and so I dismissed him then, at the beginning of 1881, about three weeks before the expiration of his term. At his departure I remember to have given him a testimonial.