subject of the Monarchy in the United States of America the provisions of the treaty have in fact been duly and fully complied with. The claiming of this right for the authorities of this land does not, according to the view taken by this ministry, in any degree derogate from the general recognition in principle of the prima facie validity of American documents of legitimation, seeing that these latter assert nothing more than that their possessor is, from the point of view of the legislation of the United States of America, to be regarded as an American citizen. Such papers can not, on the other hand, be regarded as incontrovertible documentary evidence proving that in each and every case naturalization has proceeded in conformity with all the treaty provisions bearing on this subject. An inquiry of this sort, instituted by the authorities of this land, can not therefore, as has been shown, be held to involve-as the honorable chargé d'affaires of the United States of America seems to imply anything approaching an examination or verification by these authorities of papers of legitimation emanating from the competent American authorities, in respect of their legality or validity, from the standpoint of American legislation. Such an inquiry has, on the contrary, no other object than the attainment of certainty as to whether, in some special case, the provisions of the treaty between the Monarchy and the United States of America have been duly observed. That the instituting of such an inquiry, which is, as has been shown, confined to ascertaining whether those treaty provisions have been complied with, upon which the recognition of an act of naturalization has been made dependent, can not be prohibited to the authorities of this land would seem to be beyond all doubt, in view of the fact that the matter dealt with is the fulfillment of the stipulations of treaty; it being undeniably within the competence of either party to a treaty to assure itself, in every separate instance as it arises, as to the due observance of the provisions of that treaty by the other party thereto. That in cases such as those in question circumstances may occur in which an inquiry of this sort can not be regarded as superfluous, may be illustrated by quite a recent example in which the Imperial and Royal ministry for foreign affairs in its note of the 16th of June last, No. 34101, basing its proceeding upon information furnished by the United States legation itself, had the honor to draw attention to the case of a certain Franz Rath, to whom American citizenship had apparently been accorded (by means of a certificate of naturalization issued by the city court of Utica) after a shorter period of residence in the United States of America than that stipulated for, namely, five years, by the terms of the treaty. Further, in the esteemed note of the 26th of February last, No. F. O. 52, the envoy extraordinary and minister plenipotentiary, Mr. Addison C. Harris, stated that he had himself occasionally had to cancel American passports, as having been illegally issued. While the Imperial and Royal ministry for foreign affairs believes that it has on the one hand succeeded in showing in the course of the above observations that its note of the 14th of August last is in no degree open to the charge of adopting mutually contradictory positions, it regards it, on the other hand, as a matter of course and selfevident, and not needing the support of such arguments and special considerations as have been adduced in this connection, that the right must of necessity be conceded to the authorities of this country when instituting an inquiry such as has been treated of in the above, and for the purposes of such inquiry not only to examine the documents of naturalized American citizens who have returned to the Monarchy, but also when necessary to retain temporary possession of the same, in order that they may have in hand such concrete data as are likely to prove essential to the prosecution of any further examination that may be desirable, as well as a positive documentary basis for the due eliciting of the actual facts of the case occupying their attention; and this necessity is specially likely to arise when the matter in hand includes the removal of such a person's name from the army lists of Austria-Hungary. This declaration of the true reasons and objects by which the authorities of this country are influenced, when, as occasionally happens, they retain for a time possession of the American papers of legitimation of naturalized citizens of the Union before returning them to their owners, should certainly be sufficient to prove that such temporary retention can not fairly be regarded either as an infringement of the naturalization treaty or as inconsistent with the general attitude to this subject, lately adopted by the Imperial and Royal ministry for foreign affairs. It having, however, been pointed out by the honorable chargé d'affaires of the United States of America that in the return to their owners of passports and other documents of legitimation taken from naturalized American citizens very considerable delay not infrequently occurs, the Imperial and Royal ministry for foreign affairs is by no means disposed to call in question the inconveniences that may, under some circumstances, result for the naturalized American citizen in question from the unduly prolonged retention of these documents. The Imperial and Royal ministry for foreign affairs has accordingly, in connection with the four cases particularized in the esteemed note of the 10th of September last, No. F. O. 101, in which it is asserted that the papers of legitimation of American citizens were retained for an unreasonably long period before being returned to their owners, drawn the attention of the ministers of the interior in Vienna and in Budapest to this administrative shortcoming, with an earnest representation that whatever is possible be done with a view to its correction. In compliance with this representation, the Imperial and Royal ministry of the interior has already taken occasion to address to the administrative authorities within the sphere of its jurisdiction an injunction, impressing upon them as an imperative duty, in all cases in which it appears necessary for the attainment of the ends above intimated, to retain temporary possession of papers of legitimation belonging to naturalized American citizens who return to the Monarchy, to withhold such documents from their owners only so long as may be absolutely necessary; and, further, that in all dealings with cases of this sort the utmost possible dispatch shall at all times be used. With reference to the desire expressed in connection with this question by the honorable chargé d'affaires of the United States of America to be put in possession of copies of the orders issued to the authorities of this country, and to which reference was made in the note of this ministry of the 14th of August last, No. 46561/7, the Imperial and Royal ministry for foreign affairs regrets not to be in a position to comply therewith, it being a general principle of universal application here that the orders and instructions issued to the administrative authorities of this country, and intended for their use exclusively in the discharge of their official duties, are not communicated to foreign governments. At the same time, the Imperial and Royal ministry for foreign affairs does not hesitate to characterise as inconsistent with these very orders the proceeding-commented upon by the honorable chargé d'affaires of the United States of America—of the sheriff (bezirkshauptmann) of Rapczyce, who, citing in justification of his action a ministerial edict which had been addressed to him, requested in his letter of the 7th of September last, No. 12093, to the United States legation, to be supplied with translations of an American passport and of a certificate of naturalization belonging to a certain Beni Balamut, the orders in question being those issued by the Imperial and Royal ministry of the interior to the administrative authorities under its control defining the procedure to be adopted in cases in which doubt might occur as to the contents or the authenticity of North American passports or as to the identity of the owner of such documents. In complete accordance with the suggestions on this subject contained in the esteemed note of the 26th of February last, No. F. O. 52, the administrative authorities including, of course, those in Galicia-under the control of the Imperial and Royal ministry of the interior, have received instructions that such American passports as can not, for lack of knowledge of the English language, be duly examined by the office in question may, in case of need, be forwarded to the nearest American consular officer with an appropriate inquiry, but certainly not with a request that they be translated. On the other hand, however, in all cases in which a wellfounded suspicion is present that an American passport is a forgery, or is being used by a person who is not identical with the person whose name it bears, these facts, with all available proof in support of them, are to be reported direct to the Imperial and Royal ministry for foreign affairs, in order that this latter may associate itself with the legation of the United States in the prosecution of a searching inquiry into the facts of the case. It having thus been shown that the standing orders in question are in complete accordance with the wishes expressed by the minister, Mr. Addison C. Harris, the Imperial and Royal ministry for foreign affairs regards it as its duty to approach the honorable chargé d'affaires of the United States of America with the most respectful request that the general instructions (hitherto held back) to the consular officers of the United States of America established in the Monarchy, dealing with the abovementioned modus procedendi, may now kindly be issued with as little delay as possible, to the end that new complications may not in future arise for lack of such instructions to the American consular offices concerned. From what precedes it must be self-evident that, in addressing the above-mentioned request to the legation of the United States of America, the Imperial and Royal sheriff (bezirkshauptmann) of Rapczyce was simply acting under a certainly most regrettable misapprehension, as will be represented with appropriate comment to that officer. Finally, with reference to the cases of Danislowicz, Kreswirth, Turck, and Schesny, to which the attention of this ministry was directed by the esteemed note of the 10th of September last, No. F. O. 101, in which cases the return of the American papers of legitimation taken from the persons named by the Austrian and Hungarian authorities has been unduly long delayed, the Imperial and Royal ministry for foreign affairs lost no time, immediately on receipt of the above esteemed communication, in informing the ministries in Vienna and Budapest as to the circumstances described, with the request that the necessary steps might be taken without delay, unless some insuperable obstacle should really stand in the way to hinder this from being done, to secure the immediate return of the papers in question to the persons named. According to a preliminary communication from the Imperial and Royal ministry of the interior, it also on its part immediately addressed a telegram to the Imperial and Royal governor (statthalter) at Lemberg, directing his attention to the complaints made by Alexander Danislowicz and Ignatz Kreswirth, and hopes very shortly to be in a position, as the result of this proceeding, to make a further and detailed communication on this subject. The Imperial and Royal ministry for foreign affairs has also, in the interim, received a preliminary telegraphic communication from the Royal Hungarian ministry of the interior, containing the information that his American certificate of naturalization has already been returned to Michael Turck, and that, in the matter of Rudolf Schesny, the deputy sheriff (vicegespan) of the comitat of Saros has been requested to send in his report upon the case with all possible dispatch. While doing itself the honor most respectfully to acquaint the honorable chargé d'affaires of the United States of America of the foregoing, the Imperial and Royal ministry for foreign affairs reserves for a future occasion the further separate consideration of the special cases in question. The undersigned avails himself at the same time of this opportunity to renew to the honorable chargé d'affaires, etc. SIR: I inclose for investigation and appropriate action a copy of a letter from which it appears that a man named Kristof, an American citizen, is being compelled to perform military service in the army of Austria-Hungary. His certificate of naturalization is also inclosed, and it has been suggested to Mr. Klein to advise Kristof to address you. I am, etc., [Inclosure.] JOHN HAY. Mr. Klein to the Secretary of State. YONKERS, N. Y., December 28, 1901. SIR: Your obedient servant requests kindly to be informed what steps to take to have an American citizen of the United States released who went to Hungary to be cured, and was taken as soldier by the Government of Hungary, and is still serving. Herewith I respectfully beg to inclose his naturalization papers. He has failed to have a passport issued, being that he was so sick that the doctor advised him to leave with the first steamer sailing from this port. The name of the citizen is Kristof, but, as shown in the naturalization papers, his name was misspelled (Kistof). His present address, where he camps, is Joseph Kristof, Company 4, Sixty-seventh Regiment, Eperjes, Hungary, Co. Saros. Awaiting your kind instructions, I am, etc., ADOLF KLEIN. No. 81.] Mr. McCormick to Mr. Hay. UNITED STATES LEGATION, SIR: With reference to the Department's No. 25 of January 23, 1902, inclosing a letter from which it appears that a man named Kristof, an American citizen, is being compelled to perform military service in the army of Austria-Hungary, I have the honor to report that I transmitted the information contained in your inclosure to his excellency the minister for foreign affairs, stating that the name of the citizen in question was Kristof, but, as shown in the naturalization certificate, was misspelled Kistof. In reply I have received a note from the ministry for foreign affairs, translation of which I herewith inclose, setting forth that the Imperial and Royal ministry of war has now given its opinion [in the Kistof case] and states that in consideration of the fact that the accompanying certificate of naturalization bears the name of Joseph Kistof and that there is nothing to show that the person named in this document is identical with Joseph Kristof now serving as a private in the regiment of infantry No. 67, etc., the discharge of the latter from military service can not take place until proof has been produced that Joseph Kristof is the identical Joseph Kistof who was naturalized, according to the accompanying certificate, as a citizen of the United States in the year 1896. * * * * * I will endeavor to secure favorable action without furnishing the required proof, but technically the Imperial and Royal ministry of war may claim that it is acting within its rightful prerogative in demanding the proof above referred to. In order to save time, I have written to Mr. Klein, who addressed the Department in Kristof's behalf, to furnish such proof as he can as to the alleged error in the spelling of the name, which has given rise to the difficulty in obtaining Kristof's release. I have, etc., ROBERT S. McCORMICK. [Inclosure.] Count Lützow to Mr. McCormick. The Imperial and Royal ministry for foreign affairs has not failed to inform the imperial and royal ministry of war of the contents of the note of January 20 last, No. 45, touching the enrollment of the naturalized United States citizen, Joseph Kristof, into the ranks of the Austrian army, with a view of making the necessary investigations and to make such further dispositions as the result may warrant. The Imperial and Royal ministry of war has now given its opinion and states that in consideration of the fact that the accompanying naturalization certificate bears the name of Joseph Kistof and that there is nothing to show that the person named in this document is identical with Joseph Kristof, now serving as a private in the regiment of infantry No. 67, the discharge of the latter from military service can not take place until authentic proof has been produced that Joseph Kristof is the identical Joseph Kistof who was naturalized according to the accompanying certificate as United States citizen in the year 1896. While the undersigned has the honor of leaving it to the judgment of the honorable envoy extraordinary and minister plenipotentiary of the United States of America to take such steps as may be deemed proper by him to lead to the removal of any doubts in this matter, he avails himself, etc. Vienna, May 4, 1902. For the minister: COUNT LUTZOW. No. 5.] Mr. McCormick to Mr. Hay. UNITED STATES EMBASSY, SIR: With reference to the Department's No. 25 of January 3, 1902, and to my No. 81 of May 7, 1902, regarding the case of a man named Kristof, who was being compelled to perform military service in the army of Austria-Hungary, I now have the honor to inform you that on the presentation of a duplicate certificate of naturalization, in which the spelling of the name was corrected to Josef Kristof instead of Joseph Kistof, I succeeded in obtaining the release of the party in question. I have caused Mr. Klein, who first brought the case to attention of the Department, to be informed of Kristof's release. As said in my No. 81, above referred to, the department of military defense seizes upon every technicality to evade that full and hearty recognition of the naturalization treaty of September 20, 1870, which the relations between the two countries would seem to demand, and the foreign office is apparently unable to take the decision in cases of this kind into its own hands, where it seems to me to belong. I represented to His Excellency Count Lützow personally, as well as to His Excellency Count Goluchowski through an official note, that everything pointed to the truth of Mr. Klein's statement that Kristof's name had been misspelled in his original certificate of naturalization; that whereas Kristof was a common name, and this fact gave color and substance to the claim that Kristof's name, as above indicated, was misspelled, the name of Kistof was absolutely unknown and appeared in no directory or other publication where it would have been found had it existed at all. I cite this fact simply to show the attitude of the department of military defense as practically sustained by the foreign office in treating the cases of naturalized American citizens who have returned here. I will have occasion to again refer to this attitude in another case upon which I will shortly report to the Department, as bearing upon the desirability of a revision of the treaty above referred to, which is now a source of constant irritation to this Government through its flagrant abuse by young men who emigrate with the sole purpose of evading military service and of returning here to reside as soon as they have acquired American citizenship. I have, etc., ROBERT S. MCCORMICK. MILITARY SERVICE CASES OF JOSEPH KNOPP, JACOB FRIEDBERG, HARRY SCHMIERIE, MICHAEL TENZER, AND FRANK HOWRKA. No. 63.] Mr. McCormick to Mr. Hay. UNITED STATES LEGATION, SIR: For the information of the Department and in order that there may be on its files a complete record of the cases of naturalized American citizens of Austro-Hungarian origin who have become involved |