Pasetti to Francis, April 8, 1885
Baron Pasetti to Mr. Francis.
The imperial royal ministry of foreign affairs begs to inform John M. Francis, envoy extraordinary and minister plenipotentiary of the United States of America, that a communication has been received from the royal Hungarian ministry of public defense giving the result of investigations made in the case of Harry Rice.
Harry Rice, alias Henry Reisz, was born, as is shown by authenticated copies of the “register of births of the Jewish congregation at Lippa,” on the 17th of January, 1864, at the town of Lippa where his parents are residing. The records also show that on March 6th, last, Ignaz Jellinek, a merchant doing business at Lippa, made affidavit that Henry Reisz was apprenticed to him in 1878 to serve for three years; and at the beginning of 1881, about three weeks before the termination of his apprenticeship as stipulated, he left and went to America.
Nothing appears on the records of the competent authorities to show that an emigration passport or a consent for emigration had been given him.
When he had reached the age that rendered him liable to military duty and he failed to report, his name was inscribed on the rolls as absent without leave, and on his appearance at Lippa, in February last, he was arrested in order to be made to fill his military obligations.
Henry Rice thereupon deposited a document with the community at Lippa, showing that “after five years’ residence within the limits of the United States and after reaching his twenty-first year of age” he received on December 19, 1884, from the court of Cook County, Illinois, the citizenship of the United States.
In view of this and of the reclamation made by the honorable the American envoy, the question must be decided whether Henry Reisz, according to the treaty of September 20, 1870, between the United States and Austria-Hungary, is to be considered and treated as a United States citizen, and whether he has violated the law by evading military duty.
Article I of the above-mentioned treaty provides that subjects of Austria-Hungary who have lived uninterruptedly for five years in the United States and who have acquired citizenship there shall be regarded by the Government of Austria-Hungary as American citizens and be treated as such; and the last clause of Article II provides that if suck persons are not guilty of any of the misdemeanors enumerated under 1, 2, and 3 of said article, on their return to their native country they shall not be held to military duty nor be punished for non-fulfillment of the same.
In view of this, the provisions of Article I of the treaty of September 20, 1870, do not apply to Henry Rice, for the affidavit of the merchant Ignaz Jellinek, at Lippa, shows that Reisz was in his service until the beginning of 1881, and he could therefore not have reached America sooner than in the course of 1881, indirect contradiction with the contents of the naturalization paper of December 19, 1884, which certifies to a five years’ residence in America, which, if true, would have necessitated Reis’s arrival in. America in 1880.
As there can be no doubt of the correct proceeding of the United States authorities, the conclusion remains that Henry Reis has acquired United States citizenship by false representations or testimonials in an unlawful manner. This conclusion is additionally strengthened by the fact that in the naturalization papers of December 19, 1884, it is stated that Reis had reached the twenty-first year of age, while an authenticated copy of register of birth shows that he was born January 17, 1864, and that he was consequently not twenty-one years old on the 19th of December, 1884.
In order that the provisions of the treaty of September 20, 1870, be applied to the case of Henry Reis, it appears under these circumstances absolutely necessary to ascertain by what means Reis obtained the naturalization papers, which show a five years’ residence, and whether this was done in a lawful manner or not.
To this end the imperial royal ministry of foreign affairs begs to solicit the kind assistance of the honorable the American envoy, and asks to be favored with a reply upon this point. The royal Hungarian ministry of public defense, in order to bring light into this matter, has ordered an investigation to be made as to the time when Rice left his home, and whether he has not interrupted his sojourn in America before the lapse of five years.
The ministry of foreign affairs will not omit to inform the honorable American envoy of the result of these investigations. Until clearness, however, has been established the royal Hungarian ministry of public defense is not in a position to erase the name of Henry Reis from the military rolls, but it has stopped further proceedings against him pending these investigations.
The ministry of foreign affairs finally complies with the wish expressed verbally by the American envoy that the naturalization certificate of Henry Rice, deposited with the community at Lippa, and of which copy has been taken, be returned.
The undersigned avail, &c.