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in conclusion, that, as Bader has been returned, pursuant to the statutes of the United States, to the country whence he was assisted to emigrate, the incident may be regarded as terminated. I am, etc.,

WILLIAM F. WHARTON,

Acting Secretary.

Mr. Wharton to Mr. Grant.

No. 134.]

DEPARTMENT OF STATE,

Washington, August 10, 1891, SIR: I have to acknowledge the receipt of your No. 173, of the 27th ultimo, in relation to the case of Mr. Mazel, who was born in this city on September 17, 1869, and who is consequently now nearly 22 years of age. At the time of his birth his father was the minister of the Netherlands at this capital and had married an American woman. In 1871 the family removed to Europe, and they have successively resided in Stockholm, St. Petersburg, and Vienna, at each of which places Mr. Mazel, senior, has served his Government in a diplomatic capacity. You state that it is now young Mr. Mazel's wish to come to this coun. try and be a citizen thereof, and you inquire whether, in view of his birth in the United States, he can claim citizenship here without awaiting the lapse of a period of five years and performing the ordinary conditions of naturalization.

The Department is of opinion that Mr. Mazel can enjoy the privileges of citizenship in the United States only after naturalization in the ordinary way. Section 1992 of the Revised Statutes of the United States reads as follows:

All persons born in the United States and not subject to any foreign power, are declared to be citizens of the United States.

There has been not a little diversity of opinion as to the scope to be given to the words “not subject to any foreign power” in the section just quoted, but it does not appear ever to have been doubted that the child of a diplomatic officer came within the class whose birth in the United States did not warrant a claim to citizenship. In this relation it is proper to refer to the case of McKay v. Campbell, 2 Sawyer, 118, in which it is stated that the children of ambassadors” form an exception to the rule as to persons being born in the allegiance of a sovereign who are born on his soil.

It is not thought that the fact of Mr. Mazel having married an American woman affects the case, since legitimate children follow the status of their father. I am, etc.,

WILLIAM F. WHARTON,

Acting Secretary.

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Mr. Grant to M. Blaine,

No. 183.)

LEGATION OF THE UNITED STATES,

Vienna, August 18, 1891. (Received September 3.) SIR: I have the honor to report the case of Alfred Janowitz, a nataralized citizen of the United States, who has been summoned to appear before a military commission in his native village, Lublo, Hungary,

but who has since been released from the liability of being called upon for inilitary duty in this country and has, I understand, returned to America.

Mr. Janowitz called at this legation upon June 30 last, and stated that he was desirous of returning to Lublo for a short time to pay a visit to his parents, and that he wished to ascertain whether or not he could make the visit to his native place without danger of molestation or being forced into the army of this Monarchy.

By questioning Mr. Janowitz I learned from him that he was born at Lublo, Hungary, August 9, 1865; that he arrived in New York July 7, 1883; was naturalized before the superior court of New York city July 18, 1888; that he was bearer of passport No. 26022, issued by the State Department at Washington on April 29, 1891; that he left New York May 19, 1891, to make a short visit to his parents at Lublo, where he intended to stay during the summer and then to return to America in September.

After gaining the above information I told Mr. Janowitz that, while I was unable to promise him immunity from molestation by the local authorities of his native district, I could assure him that this legation would, in case of his being interfered with, protect him in every way possible, and I advised him, should he be troubled in any way by any. one, to telegraph the fact to this legation, and that he would receive immediately the proper protection.

Mr. Janowitz, seeming to be satisfied with these assurances of protection, took his leave, and I heard nothing further from him until the morning of July 4, when I received his dispatch (inclosure No. 1), which contained the statement that he had been summoned to appear before the military commission at Lublo and he begged for the interference of this legation in his behalf. I telegraphed to Mr. Janowitz in reply (inclosure No. 2), to appear before the commission, produce his passport, and to frankly state his case. Upon the 5th of July I received a letter from Mr. Janowitz (inclosure No. 3), in which he said that the time of his reappearance before the military commission had been postponed until the 20th of July. I, therefore, at my leisure, wrote a note on the 8th of July (inclosure No. 5) to the minister of foreign affairs, which I delivered in person to Count Welsersheimb at the foreign office. The count, after reading my note and listening to my personal explanation of the case of Mr. Janowitz, assured me that he would telegraph immediately to Lublo, and upon the following day, the 9th of July, I received a note from the foreign office (inclosure No. 6) which stated that the ministry of foreign affairs had taken steps, in conformity with article No. 11 of the treaty of September 20, 1870, to insure Mr. Janowitz such treatment from the Hungarian authorities as to relieve him from military duty. A copy of this note was immediately forwarded to Mr. Janowitz (inclosure 7). Later I understand that Mr. Janowitz returned to the United States.

Connected, I inclose herewith copies of all the correspondence in this case, and venture to hope that the Department of State will approve of the action of this legation in the matter. I have, etc.,

F. D. GRANT.

(Inclosure 1 in No. 183.- Telegram.)

Mr. Janowitz to Mr. Grant. As you advised me, I beg leave to inform you that I was officially requested to appear before the military commission July 6. Kindly assist and inform me and oblige,

ALFRED JANOWITZ.

(Inclosure 2 in No. 183.- Telegram.)

Mr. Grant to Mr. Janowitz.

Appear before the military coinmission as requested, show your passport, and frankly state your caso. If you are arrested or further disturbed, let me know all the particulars.

GRANT, United States Minister.

(Inclosure 3 in No. 183.)

Mr. Janowitz to Mr. Grant.

LUBLO, July 3, 1891. In pursuance to my dispatch of this inorning, in which I stated that I have been officially ordered to appear before the military commission in Leutschau, the capital city of this comitat, on July 6, I take leave to inform your excellency that I have postponed this matter to the 20th of July and was obliged to give bail to the annount of 1,000 tlorins. All my efforts to explain to the mayor of this city that, according to article 43 of the agreement of 1871 between the United States and Austria-Hun. gary, they have no authority to proceed against me were in vain. Allow me to state that the officials of this community are not aware of the existence of this agreement, and have consequently sent this matter to a higher authority.

I therefore, npon your own advice, ask for your aid and protection, as well as your kind intorination what I am to do.

I do not wish to impose upon your excellency, but would beg you to act in this matter at your earliest convenience, for I would like to return to New York as soon as possible, and while in trouble here would be prevented from going there. By doing so you will confer a great favor upon a faithful American citizen. Very respectfully, yours,

ALFRED JANOWITZ.

(Inclosure 4 in No. 183.)

Mr. Janowitz to Mr. Grant.

LUBLO, July 5, 1891. Allow me, your excellency, to thank you for your prompt and kind information, and at the same time allow me to state that I will act accordingly, unless your excellency should find it possible to avoid my going before the military commission on July 20, for the simple reason that when once in the hands of those authorities it is troublesome to get a speedy relief.

Shonld your excellency, however, find it possible to aid me in that respect also without having any extra trouble, you will oblige me very much by keeping me informed on this subject. Your obedient servant,

ALFRED JANOWITZ,

(Inclosure 5 in No. 183.)

Mr. Grant to Count Kalnoky.

LEGATION OF THE UNITED STATES,

Vienna, July 8, 1891. YOUR EXCELLENCY: I have the honor to place before your excellency the following case of a naturalized American citizen of Austrian birth, Mr. Alfred Janowitz, who at present is visiting his native town of Lublo, Hungary. Mr. Janowitz informs me in a letter, dated July 3, that he has been ordered to appear before the military commission at Leutschau, Hungary, upon July 6. The authorities, however, bave postponed the time for his appearance before the cominission to July 20. In the meantime Janowitz says he is obliged to give bail in the sum of 1,000 forins.

For your excellency's informatiou, I respectfully state that Mr. Janowitz was born at Lublo, Hungary, on the 19th of August, 1865; he emigrated to the United States in 1883, arriving in New York upon the 7th of July of that year; he became a naturalized citizen upon the 18th of July, 1888, at New York city; and is now bearer of passport No. 26022, issued by the Department of State at Washington, and dated April 29, 1891. Mr. Janowitz left the United States on the 19th of May, 1891, to pay a short visit to his old home and to see his parents; he informs me that he intends to return to America next September.

Having respectfully placed the facts in this case before your excellency, I earnestly request that your excellency will cause such steps to be taken as to relieve Mr. Janowitz from further interference by the local authorities of Lublo. I am, etc.,

F. D. GRANT.

(Inclosuro 6 in No. 183.- Translation.)

Count Welsersheimb to Mr. Grant.

MINISTRY OF FOREIGN AFFAIRS,

Vienna, July 9, 1891. In reply to the esteemed note of the 8th instant, No. 81, the imperial and royal ministry of foreign affairs has the honor of informing the honorable envoy of the United States, Col. F. D. Grant, that immediate steps have been taken in order that the naturalized citizen of the United States, Alfred Janowitz, be accordod such treatment on the part of the Hungarian authorities, as not to render him liable to military service in conformity with article 2 of the treaty of September 20, 1870.

To this end it will be necessary, however, for Mr. Janowitz to produce the docuinents (passport, naturalization certificate) upon which his claim is based to be treated according to the provisions of said treaty.

While the undersigned leaves it to his excellency the United States minister to acquaint Mr. Janowitz of this communication, he avails himself at the same time of the occasion to renew the expression of his most distinguished consideration.

WELSERSHEIMB,
For the Minister of Foreign Affairs.

(Inclosure 7 in No. 183.)

Mr. Grant to Mr. Janoriis.

LEGATION OF THE UNITED STATES,

Vienna, July 9, 1891. Sir: Yesterday I called at the ministry of foreign affairs here and placed a written statement of your case in the hands of the minister, who promised me that he would make inquiries into your case by writing to the authorities at Lublo. Yours, respectfully,

F. 'D. GRANT. P. S.-Before I had time to send the foregoing letter to the post-office I received a note from the ministry of foreigu affairs, which, translated, reads as follows: (Hero follows a copy of inclosure No. 6.]

(Inclosure 8 in No, 183.)

Count Welsersheimb to Mr. Grant.

MINISTRY OF FOREIGN AFFAIRS,

Vienna, July 18, 1891. Sir: In pursuance of the note of July 9, the imperial and royal ministry of foreign affairs has the honor to inform the honorable envoy of the United States, Col. F. D. Grant, that the competent authorities of Hungary have been instructed to discontinue further steps, for the present, leading to the performance of military duty of Alfred Janowitz, a naturalized citizen of the United States.

A final decision in this case, however, can not be given until the documents are produced of which mention was made in the note of July 9.

Anticipating an early receipt of these papers, the undersigned has the honor of reDewing at the same time the expression of his most distinguished consideration.

WELSERSHEIMB,
For the Minister of Foreign Affairs.

(Inclosure 9 in No. 183.)

Mr. Grant to Mr. Janowitz..

LEGATION OF THE UNITED STATES,

Vienna, July 21, 1891. SIR: With reference to my letter of the 9th instant, I have to inform you that I have received a note from the ministry of foreign affairs stating that the competent authorities of Hungary have been instructed not to call upon you for the present to fulfill your military duty, but that a final decision of your case can not be given until you present to the authorities your passport and naturalization certificate, npon wbich your claim is based, to be treated according to the provision of article 2 of the treaty of September 20, 1870, between the United States and AustriaHungary.

You should accordingly, without delay, appear before the proper authorities at Lublo and submit evidence in question. Very respectfully,

F. D. GRANT.

(Inclosure 10 in No. 183.)

Mr. Janowitz to Mr. Grant.

LUBLO, July 21, 1891. With these lines I intend nothing else, but thank your excellency for your prompt and able defense and protection in my case, and would only beg to be excused for not doing so any sooner as I have been absent for the past two weeks and only arrived here this morning.

At this occasion I take liberty to state that instructions have reached the authorities here (undoubtedly through your action, as to which I am not obliged to show my passport, etc., also that the bail which I was compelled to furnish be returned to me; but being that said bail was not furnised in cash, and merely a bond signed by a property-owner (my father), and myself also, this document had to be sent to higher authority, as I was told.

I further take leave to state that I will depart from here to New York on the 4th of August, and would naturally not like to leave here before this affair is entirely settled; in short, before I have this bond out of the hands of these authorities.

Likely through your excellency's intervention I will be greatly benefited, and if 80 possible, you will confer a great favor upon your excellency's obedient servant,

ALFRED JANO VITZ,

(Inclosure 11 in No. 183.)

Mr. Janowitz to Mr. Grant.

LUBLO, July 24, 1891. In reply to your favor of the 21st instant, I beg leave to state that, according to your instructiou, I have called at the city captain's office this morning, this being the proper authority for military affairs here, showing him my passport, etc., but he declared that his inspection of these documents is insufficient and furthermore not necessary unless he is called upon to do so.

He also informed me that the whole affair is presently suspended, and will be settled in diplomatic ways, but, however, thinks that I will shortly be requested to show my documents at higher authority.

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