HENRY STERNE, United States Consul to J. F. Delaplaine , United States Secretary of Legation, Vienna, December 12, 1880

Mr. Sterne to Mr. Delaplaine.

Dear Sir: I do not like to trouble you with frivolous questions and have therefore tried to avoid doing so in the present case, but my questioner insists on my obtaining your opinion upon his case, and I therefore herewith submit the same to you.

Mr. Adolph Klein, born here, but a citizen of the United States since 1863, returned to this city in 1865 and resided here again until 1874; from 1875 to 1878 resided again in Germany and America, but since then in Germany and Austria-Hungary, and now during the last nine months again as a fixed resident here in Budapest, but wishes to continue his United States citizenship. Klein wants to know whether he can be included among those by the Hungarian authorities, who, on account of a residence in this state of five years, should make a declaration, as per section 48 of the new Hungarian law relating to such foreign citizens and on which subject I have already written to you.

Though in my private opinion this new Hungarian law will not hold good, because it is not based upon mutuality and should be also approved of by the United States Government, yet I fear it will be the cause of a good deal of trouble to our citizens here and through them to us, from whom they will claim protection; and have published that card calling our citizens’ attention to their case, but no doubt it will not reach all those interested, and since the officials here seem to be very fond of acting quite arbitrarily, some of our citizens will have trouble. I should therefore be glad to soon receive definite instructions from the Department concerning my duties in the new case.

Thus far I have pursued the following course: I issue to those United States citizens who require it a declaration like the inclosed copy, and hope my doing so does not conflict with my duties or privileges. Before I give my declaration the respective citizen of course has to satisfy me that he is a United States citizen, and for this purpose I accept only of a regular passport.

Please tell me whether naturalization papers alone would be sufficient evidence of citizenship in such cases; also whether the date of a passport will affect its validity, most passports being older than two years.

Since I have troubled you so much this time, I further beg to include another question upon a subject frequently submitted to me, but upon which my mind is not quite clear. It is as follows: Can a former Hungarian citizen, but now a United States citizen, be placed in the army upon his return here, if he emigrated after having been already notified to appear for “assentierung” (which means to present himself for physical inspection about his fitness to become a soldier), but who not being then found fit to serve is temporarily placed on the list for the following year, but in the mean time emigrated. I think such American citizen can upon his return be taken into the army, but I would thank you for your opinion and decision upon the subject. However, I may be wrong, because such men are not required to take the oath to the flag (farneueid) until they are physically found fit to serve.

I hope you will please excuse me for all this trouble to you, and remain, very respectfully,

Your obedient servant,