Allow me, your excellency, to draw your attention once more to the fact that I can not postpone my departure for New York, and will therefore leave here on the 4th of August, and hope that I can do so without delay and trouble. Your obedient servant, [Inclosure 12 in No. 183.] Mr. Grant to Mr. Janowitz. ALFRED JANOWITZ. LEGATION OF THE UNITED STATES, SIR: Your letter of the 24th instant is received. I do not believe that you will have any trouble when you wish to leave this Monarchy; the difficulty has been to prevent the authorities from expelling you before you wished to go. Yours, very truly, F. D. GRANT. No. 184.] Mr. Grant to Mr. Blaine. LEGATION OF THE UNITED STATES, Vienna, August 20, 1891. (Received September 4.) SIR: I have the honor to forward herewith, for the information of the Department of State at Washington, the inclosed correspondence relating to the case of Mr. Julius Kranz, a naturalized citizen of the United States, of Galician birth, who, while making a visit to his native town, Wieliczka, was deprived by the local authorities there of his naturalization certificate and passport, and who was ordered to appear on August 4 before the board of enrollment for examination for military duty inthis Monarchy. The case of Mr. Julius Kranz resembles very much that of Mr. Alfred Janowitz, which was reported in my dispatch No. 183, under date of August 18 last. Through the interference of this legation in behalf of Mr. Kranz by calling the attention of the minister of foreign affairs to his case, he has been relieved from all liability to military duty, his papers returned to him, and he has been permitted peacefully to continue his visit to his parents. Trusting that my action in this case may meet with your approval, I have, etc., F. D. GRANT. [Inclosure 1 in No. 184.] Mr. Kranz to Mr. Grant. [Telegram.] Julius Kranz, United States citizen, passport No. 30838, of June 30, 1891, was arrested by gens d'armes on the occasion of a visit he paid to his parents residing here, his documents taken from him, and he was not set free before he had given bail and agreed to appear before a board of examination on August 4, 1891. Requests speedy and active assistance and telegraphic orders for return of documents and bail, as well as revokement of order to appear before the board of enrollment on August 4. JULIUS KRANZ. Comply with order to appear before enrollment board. Will move in your interest at once with Government. Send me written particulars of your case, with passport and naturalization paper. GRANT, American Minister. [Inclosure 3 in No. 184.-Translation.] Mr. Kranz to Mr. Grant. WICLICZKA, July 29, 1891. I acknowledge with many thanks the receipt of a telegram addressed to my son, from the contents of which I infer that you have acted in my son's behalf. He himself is prevented from writing because the irritation produced by his arrest and the long examination of the authorities have so affected his health that he followed the advice of a physician and went to a watering place in Germany. The shock to his system was the greater, as he was accustomed, as a free citizen of the United States, to meet with a more conciliatory and affable treatment on the part of the authorities. I inclose herewith my son's American passport, obtained from the district captaincy after repeated requests, which, after examination, I would beg you to return to me. I must finally beg your pardon for writing this letter in German, as I am unable to express myself in English, and my son has been absolutely forbidden by his physician to expose himself to any excitement. I hope that you will grant the request made by the afflicted parents, who, after a separation of nineteen years, were only allowed to see their son for a few hours, and to intercede with well-known energy, in order that justice may be done. I am, etc., [Inclosure 4 in No. 184.] Mr. Grant to Mr. Kranz. SALOMON KRANZ. LEGATION OF THE UNITED STATES, SIR: Your letter dated 29th instant, inclosing passport of your son Julius is received. I have made notes of the passport and return it herewith. It is desirable that you forward to me immediately your son's naturalization certificate, and also inform me of the place and date of his birth, date of emigration to the United States, date of return to his native country, and the object he had in returning, as well as the date of his intended return to the United States. I have called at the imperial and royal ministry of foreign affairs, and one of the officers there promised to telegraph to Wieliczka and inquire of the authorities there their reasons for detaining your son. Trusting that you will communicate the foregoing to your son at your earliest convenience, I am, etc., [Inclosure 5 in No. 184.-Translation.] F. D. GRANT. Mr. Kranz to Mr. Grant. WICLICZKA, August 2, 1891.. It is not until to-day that my repeated requests made at the district captaincy here for my son's naturalization certificate have been granted, and I herewith inclose it, in conformity with the contents of your note, in which you also inform me of the intervention of the ministry of foreign affairs. The bail deposited by me has been returned to me. I would ask to have the naturalization certificate returned to me after you have examined it. After having recovered his health my son intends to stay here two weeks and then return home to New Orleans. Rendering to you my sincerest thanks for the prompt and kind protection offered, and assuring you of my highest respect, I am, etc., [Inclosure 6 in No. 184. ] Mr. Grant to Mr. Kranz. SALOMON KRANZ. LEGATION OF THE UNITED STATES, SIR: Your letter dated 4th instant, inclosing your son's naturalization certificate, was duly received, and I return the same here with after having taken the notes necessary for a proper understanding of the case should further action be required. Very respectfully, yours, [Inclosure 7 in No. 184.-Translation.] F. D. GRANT. MINISTRY OF FOREIGN AFFAIRS, Acting upon the verbal representations recently made by the envoy of the United States, Hon. F. D. Grant, relative to Julius Kranz, in Wieliczka, a citizen of the United States, and the summons he had received to appear before a military board of enrollment, the imperial and royal ministry of foreign affairs has placed itself in communication with the competent authorities and is now in a position to report that, in view of the fact that the above named has produced evidence of American citizenship, he is restored to full liberty. The undersigned avails himself, etc., [Inclosure 8 in No. 184.] Mr. Grant to Mr. Kranz. LEGATION OF THE UNITED STATES, SIR: I take pleasure in informing you that I received this morning a communication from the imperial and royal ministry of foreign affairs in this city, saying in substance that, acting upon the representations made by the United States minister, the foreign office had made inquiries of the competent authorities relative to the summons sent to Julius Kranz to appear before a military board, and that it is now in a position to report that, in view of the fact that the above named has produced evidence of American citizenship, he is restored to full liberty. With the assurance of my sincere satisfaction of the final result of my intervention, I am, etc., [Inclosure 9 in No. 184.] Mr. Kranz to Mr. Grant. F. D. GRANT. WICLICZKA, August 13, 1891. MY DEAR SIR: Your kind favor of the 12th instant duly received, for which accept my sincere thanks for your immediate action in my case. I remain, etc., J. KRANZ. No. 188.] Mr. Grant to Mr. Blaine. LEGATION OF. THE UNITED STATES, Vienna, September 11, 1891. (Received October 2.) SIR: I have the honor to forward herewith a translated copy of a note from Count Welsersheimb, second chief of section of the ministry of foreign affairs. Count Welsersheimb's note is in reply to one (copy inclosed), which was addressed by this legation to Count Kalnoky, minister of foreign affairs, in compliance with your letter of instruction No. 133, dated the 6th of August last. Trusting that the Department will find that my note to Count Kalnoky covers the ground contemplated by its instruction, I have, etc., [Inclosure 1 in No. 188.] Mr. Grant to Count Kalnoky. F. D. GRANT. LEGATION OF THE UNITED STATES, SIR: Referring to my note No. 79, dated May 22, 1891, and also to the esteemed favor under date of July 9, 1891, received from the imperial and royal ministry of foreign affairs in reply to my note, I have the honor to say that the object of my writing was to place before the Imperial and Royal Government the statements of one Nikolaus Bader, who claimed that he had been "assisted" to emigrate to the United States by the community at Stauzach, Tyrol, in which he lived, after having been confined in an insane asylum for years, in consequence of a murder which he had committed. It was assumed that the assisting of an imbecile criminal to emigrate to a foreign country, where he would of necessity become a charge, not to say a dangerous one, to that country, could scarcely be regarded in any other light than as an unfriendly act on the part of the community which gave to this imbecile the assist ance. The investigation into the circumstances of Bader's case, as related in the esteemed note above referred to, appears to have developed the fact that Bader had committed the murder mentioned, for which offense he was tried, but found, upon examination by medical men, to be irresponsible, and was therefore sent to an insane asylum, where he remained in duress until 1889. Upon being discharged as cured from this insane asylum Bader expressed the wish to go to America, and the community at Stauzach furnished him with the "necessary means of travel," amounting to 100 guldens, 76 of which were given to a third party to pay Bader's passage to New York, and 26 (sic) of the guldens were given to Bader himself, the latter amount not being enough to defray the expenses of his return to Austria after a visit to America, nor enough, after deducting the cost of food during the journey, to support him in America a reasonable length of time for a stranger to search for and obtain employment. It would seem, therefore, that while at the time of his "assisted" emigration Bader was not a "condemned criminal," nor in duress as an "insane person," still it is substantially proven that he was both a "criminal" and an "imbecile.” The effort on the part of the local authorities at Stauzach to evade responsibility for the "assisted" emigration of this imbecile criminal by the statement that Bader was assisted in his desire to go to America by the "community" seems unworthy, under the circumstances, of consideration. In observing the traits of human nature it is not found that "communities" are active to the extent of contributing money to gratify the desires of individuals for foreign travel, unless actuated by other motives than those of pure charity, and when such contributions are made there can be usually found some one in authority who is chiefly instrumental in bringing about the result. In the esteemed note from the imperial and royal foreign office upon this subject the details are not given as to how the contributions were raised, nor an explanation as to why the community used its individual and private resources for Bader's pleasnre. There seems to be also no assurance given that measures will be taken to reprimand the local authorities who are directly responsible in the case and to prevent a similar occurrence in the future. Briefly, it appears that the Imperial and Royal Government has not accorded to the subject of Bader's assisted emigration the Importance which its gravity seems to demand. In conclusion, however, I am instructed by the Department of State at Washington to say "that, inasmuch 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 take this occasion, etc., F. D. GRANT. [Inclosure 2 in No. 188.-Translation.] MINISTRY OF FOREIGN AFFAIRS, SIR: The imperial and royal ministry of foreign affairs has learned with gratification, from the esteemed note of the 25th ultimo, No. 86, that the Government of the United States considers the incident of Nikolaus Bader's emigration to America as disposed of by his return. While the ministry of foreign affairs takes cognizance of this fact, it thinks proper to revert to certain observations made in the above-quoted esteemed note, without, in doing so, wishing to renew the discussion on a subject now to be regarded as settled. In the first place, the ministry of foreign affairs thinks proper to maintain that Bader, after having been acquitted of the charge of murder by reason of imbecility, and having been discharged as cured from the insane asylum, was to be considered neither as a criminal nor as an imbecile at the time of his emigration, and that the theories advanced, therefore, by the United States Government, in order that the community at Stauzach be reprimanded for their course, fail to be veracious. Moreover, it must be remembered that, except in cases where liability to military duty is concerned, the authorities of this Monarchy have no means to prevent the emigration of any of its subjects or to hinder a community from extending aid to a person to enable him to emigrate. Aside from this, every state has at its command sufficient power to exclude individuals whose stay within its limits, for some reason or other, appears not to be desirable, and this power, in the present instance, has been exercised by the United States Government. The ministry of foreign affairs has considered it to be its duty to state its views fully on this subject, the more so as the case of Nikolaus Bader may, in the future, be quoted as a precedent. The undersigned, etc., No. 149.] Mr. Wharton to Mr. Grant. DEPARTMENT OF STATE, Washington, October 5, 1891. SIR: Your dispatch No. 188 of the 11th ultimo, inclosing copies of correspondence relative to the case of Nikolaus Bader, has been received. The Department fully approves your note to the foreign office in regard to the matter. I am, etc., WILLIAM F. WHARTON, |