Identification. 18-. I hereby certify that I know the above-named personally, and know h-to be a native-born citizen of the United States, and that the facts stated in haffidavit are true to the best of my knowledge and belief. (Address of witness.) NOTE. This form is to be filled out in duplicate, one copy being retained on the files of the legation and the other forwarded with the quarterly returns to the Department of State. It may be so filled out by the applicant, in which case no fee therefor is chargeable. No. 81.] Mr. Grant to Mr. Blaine. LEGATION OF THE UNITED STATES, Vienna, May 12, 1890. (Received May 24.) SIR: With reference to previous correspondence on the subject, I now have the honor to inclose for your information a copy of a note addressed by me on the 19th of March last to Count Kalnoky, imperial and royal minister of foreign affairs, in the spirit of your instruction No. 45, of the 11th of February last, relative to the arrest and imprisonment of Franz Xavier Fischer, and a translation of a note in reply thereto of the 4th instant." I have, etc., F. D. GRANT. [Inclosure 1 in No. 81.] * Mr. Grant to Count Kalnoky. LEGATION OF THE UNITED STATES, YOUR EXCELLENCY: I have the honor to refer again to the case of F. Xavier Fischer, a naturalized citizen of the United States, who was arrested at Wolfurt, Austria, on the 21st of August, 1889. In the note which I had the honor to address to your excellency, under date of October 5, 1889, it is stated that when Mr. Fischer was arrested he informed the officer arresting him that he was an American citizen, and offered to show his passport, which the officer declined to examine. In the explanation of this incident. which is given in the esteemed note from the imperial and royal ministry for foreign affairs, under date of the 15th of January, 1890, his excellency Baron Pasetti is pleased to say: On the following day he [Fischer] was examined as early as 7 o'clock in the morning, and having shown by producing his passport that he was a United States citizen, which fact was also proven by the records, which showed that his name was struck from the list of those who were liable to military duty," etc. It appears that justice demanded that the local authorities at Wolfurt should have made an investigation before arresting Mr. Fischer, as to whether he had violated any law, for doubtless Fischer was as able and ready to prove his American citizenship and exemption from military service at the moment of his arrest as he was at the early hour of 7 o'clock the following morning, after a night's imprisonment. The arrest of an American citizen in a foreign land is of course a serious affair, but it seems more serious when he is confined in a common jail over night, because of the late hour of his arrest and the neglect of investigating his case before morning, especially when it is shown that a mere reference to the records would have proven that the prisoner was not liable to arrest and punishment. Mr. Fischer's case having been reported to the Government of the United States, the honorable Secretary of State, at Washington, feels that the authorities at Wolfurt were hasty in their arrest of Mr. Fischer, and he directs me to address a note to your excellency, "suggesting that this regrettable occurrence, involving violent and unnecessary interference with the liberty of an American citizen, in contravention of treaty, might have been averted by a simple preliminary investigation of the facts." In placing this suggestion before your excellency, I also take the opportunity to renew, etc. [Inclosure 2 in No. 81.-Translation.] Baron Pasetti to Mr. Grant. F. D. GRANT. VIENNA, May 4, 1890. In the esteemed note of March 19 last, No. 37, the honorable envoy extraordinary and minister plenipotentiary of the United States of America was pleased to revert to the case of Franz Xavier Fischer, an American citizen, who was arrested on August 21, 1889, at Wolfurt. The imperial and royal ministry of foreign affairs now has the honor to inform the honorable envoy of the United States most respectfully that the imperial and royal district captaincy at Bregenz has been reprimanded for allowing the official to overlook the fact that Fischer's name had been struck from the list of those owing military duty, and that this official had neglected to ascertain Fischer's nationality on the same day on which he was arrested, the observance of which precautions would have prevented the recurrence of this unpleasent incident, the arrest of Fischer would not have taken place at all, or at least he would have been set at liberty the same evening. Finally the imperial and royal ministry of foreign affairs renews the expression of its regrets that in the present case the incorrect proceeding of a subordinate official at Bregenz has led to the unjustifiable arrest of an American citizen. The undersigned avails himself, etc. (For the minister of foreign affairs.) No. 59.] M. PASETTI. Mr. Blaine to Mr. Grant. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your dispatch, No. 67, of the 11th of March last, in which you inclose a translation of a note of Baron Pasetti, of the 5th of the same month, in relation to the expulsion of Mr. Hugo Klamer and to the naturalization treaty between the United States of America and Austria-Hungary. The case of Mr. Klamer is passed by in Baron Pasetti's note with little or no discussion of its circumstances, and most of his observations are devoted to general questions affecting the right of expulsion. It is regretted that his reply should have been given this direction. It is undoubtedly desirable to prevent the commission of frauds under color of the treaty, and the Department is quite of opinion that an attempt to make use of the treaty merely for the purpose of escaping the burdens which may be involved in bearing allegiance to either of the con. tracting parties should be discontinued. This, however, was not, in the opinion of the Department, the case with Mr. Klamer; and the note of Baron Pasetti affords no reason to change that conclusion. I am, etc., JAMES G. BLAINE. No. 26.] BRAZIL. Mr. Adams to Mr. Blaine. LEGATION OF THE UNITED STATES, Petropolis, December 17, 1889. (Received January 15, 1890.) SIR: I have the honor to continue my report on the progress of events here. I inclose translation of decree nominating a commission to draft a constitution, referred to in No. 23, of December 6. The Cen. tral Government by decree abolished the municipal council of Rio, substituting a commission of seven to govern the city. The same thing was done for the city of Pará, with a commission of three. By decree the army has been increased from 16,000 to over 26,000 men and the pay increased nearly double. The recent speech of the minister of agriculture in the name of his associates, giving the programme and sentiments of the Government, is a most remarkable utterance. It is being translated, but not ready for this mail. I have, etc., ROBERT ADAMS, JR. [Inclosure in No. 26.-Translation.] Decree No. 29. December 3, 1889.-Nominating a commission to frame the project of a constitution for the United States of Brazil. Marechal Manoel Deodoro da Fonseca, chief of the Provisional Government, constituted by the army and navy in the name of the people, has resolved to nominate a commission, to be composed of Drs. Joaquin Saldanna Marinno, chairman; Americo Brasiliense de Almeida Mello, vice chairman; and Antonio Luiz dos Santos Werneck, Francisco Rangel Pestana, and José Antonio Pedreira de Magalhaes Castro, to frame the project of a constitution of the Republic of the United States of Brazil to be presented to the Constituent Assembly. Done on December 3, 1889. MARECHAL MANOEL DEODORO DA FONSECA, Chief of the Provisional Government. ARISTIDES DA SILVEIRA LOBO, Minister and Secretary of the Interior. No. 30.] Mr. Adams to Mr. Blaine. LEGATION OF THE UNITED STATES, Petropolis, December 28, 1889. (Received January 30, 1890.) SIR: I have the honor to inclose translation of the speech of the minister of agriculture, referred to in my No. 26. On the 18th instant a mutiny occurred in the Second Artillery Regiment. At about 2 o'clock some fifty privates left their quarters carrying an imperial flag and attempted to seduce other regiments into a pronunciamento, but were repelled, driven back, and besieged in their quarters. They fortified themselves, and turned artillery against their pursuers. At midnight they surrendered. The Government announced this to be a drunken brawl of the privates, all the officers being absent at a reception on the Chilean man-of-war. This occurrence was at once followed by a decree (translation inclosed) banishing the late premier and other citizens, followed by another decree (translation inclosed) practically declaring martial law. On December 23 a decree was issued (copy inclosed) revoking the grant made to the late Emperor, at the time of his departure. His reconsideration of his acceptance of this grant made this action on the part of the Provisional Government necessary. On December 23 a decree was issued for an election for a constituent assembly to meet at the capitol on November 15 following. This action, following the speech of Minister Rebeiro, was a surprise, and is supposed to have been hastened by popular sentiment and the facts that both Portugal and England refused to recognize the new republican flag for want of constitutional authority, the announcement in the corps legislative of France that the republic would be recognized when a constitution had been adopted by the people, and the instructions to this legation of a similar import, announced in the President's mes. sage. I have, etc., ROBERT ADAMS, JR. [Inclosure 1 in No. 30.-Translation.] Speech of minister of agriculture. This manifestation, which proves not only the actual aid of the public force, but also the moral assistance of the doctrine that prevails throughout the army and navy, produces in my mind the conviction that, as a member of the Government, I shall be able to cooperate in directing our country on the way towards the most complete liberty-religions liberty, liberty of teaching, liberty of manifesting thought, liberty of a responsible press-all this by means of the maintaining of perfect order by the public force. These conditions alone can be obtained through a strong and moralized government, one which, as remarked by one of the previous orators, looks for support to public opinion. These conditions only will permit a dictatorial, not despotic, government, constantly fiscalized by public opinion, not only desiring, but even seeking, the manifestation of that opinion. If at the present moment that opinion is in active operation, if it has every day occasion to pronounce itself in regard to the acts of the Government, it would seem there should be no great anxiety to consult the urns. Gentlemen, consider for a moment that the urns should decide against the Republic. And yet the Republic has been established. # One of the defects of the elective system is just this, that each citizen supposes that by carrying his vote to the urn he has given all due manifestation of his opinion, and that he should no longer take any share in fiscalizing the march of public affairs. I should not have taken the position I assume as coworker in the Government if I were not sure that my country is now in special circumstances to be adapted to a special regimen, to be not the imitation of defects and errors found in other countries, but a kind of governmental model. Very well, then, if we wish to constitute the Republic we must find support in a truly organic doctrine, to respect and consult the real conditions of existence and improvement of society according to the revelation of that philosophy to which the representatives of the army and navy alluded. * My place is to treat of religious liberty. And I shall not hesitate for one instant in demanding of the Government, as an immediate measure, the separation of the church from the state, because this opinion is universal throughout the nation, because this is already, we may say, the law of the land though it has not yet entered into our code, which is an artificial order. We must cause this anomaly to dis FR 90- -2 * appear, placing our written law in accord with the natural order of society. I shall always rejoice to see the priests of our faith employ all their activity in getting proselytes. If the Catholic faith have in our country sincere and devoted representatives, it is their duty to propagate their doctrine without the material aid of force, without the actual support of the state. My motto in the administration may be expressed in two words: The strictest honesty, and the most complete publicity. The Republic is the rule of the public good; the public good is prepared by society itself, the principal part of which is formed by the enormous mass of laborers who produce the principal element of production for the formation of the public wealth. It is the laboring class that shall receive special attention from the Government. * * [Inclosure 2 in No. 30.-Translation.] Decree banishing certain citizens. The Provisional Government considering that the maintaining of order and of peace in the Republic is the principal duty of the Government and constitutes a social interest superior to all conveniences, whether of a political order or personal; that by positive acts and public manifestations, inimical to the national character and detrimental to order established by the public opinion of the nation, certain persons have attempted to foment within Brazil and abroad the discredit of the mother country by means of agitation which might bring disturbance of the public peace by throwing the firebrand of civil war in the country; that, however disagreeable may be the necessity of having recourse to measures of rigor, from which result limitations to the principles of individual liberty, the superior interests of the nation can not be made subordinate to the individual interests of the enemies of the nation, it is hereby decreed: ARTICLE I. The citizens Affonso Celso de Assis Figueiredo, called Viscount de Ouro Preto, and Carlos Affonso de Assis Figueiredo are hereby banished from the national territory. ARTICLE II. The citizen Gaspar da Silveira Martins is ordered to leave the national territory and take up his residence in one of the countries of Europe. BY THE PROVISIONAL GOVERNMENT. [Inclosure 3 in No. 30.-Translation.] Decree ordering military trials. Marechal Manoel Deodora da Fonseca, chief of the Provisional Government constituted by the army and navy in the name of the nation, considering: That the entire nation, through all its organs of opinion expressed openly by all ranks and social classes, has adhered frankly to the Republic, the work of the revolution of November 15 last; That this general incorporation of all opinions in adhering to the Republican form of government creates for the Provisional Government new duties, making it the depository of this situation and obliging it as such to defend it with the greatest energy against all attempts or threats until its final delivery intact into the keeping of the constituent assembly convoked for the adoption of the future constitution of the United States of Brazil; That the meeting of the constituent assembly having been marked for the near future, nearly all the liberal reforms having been already decreed whose delay caused the revolution, and others being almost ready for promulgation, the Provisional Government has given every possible proof of fidelity to its promises made to the people of Brazil, who on their part do not cease from showing their unbounded confidence; That, under such circumstances, the greatest of all the duties imposed on the Government is absolute firmness and the most inexorable severity in the measures necessary for the preservation of peace and in the maintaining of all interests founded on the security of propriety; That, all possibilities of any restoration of the old order of things being eliminated, and there being no other alternative than the Republic or anarchy, any attempt against the security of the actual situation would be simply an act of disorder, destined to explore the fear of the people; That, on the part of the Government, it would be stupid cowardice and treason to allow the good name of the Republic to be at the mercy of the ignoble sentiments of |