istry of foreign affairs and had made a personal visit to the minister at the same time, as well to secure the more prompt delivery of the note as to give verbal expression to the feelings of this legation. I now have the honor to send herein translation of the reply of Count Kalnoky, dated February 2, 1889. I am, etc., [Inclosure in No. 115-Translation.] Count Kalnoky to Mr. Lawton. A. R. LAWSON. MINISTRY OF FOREIGN AFFAIRS, The undersigned minister of the imperial household and of foreign affairs has the honor to acknowledge the receipt of note F. O. 54, dated January 31, 1889, in which the envoy extraordinary and minister plenipotentiary of the United States of America, General Alexander R. Lawton, had the kindness to convey the expression of sympathy which his Government by telegraph informs him it feels in our sorrow for the decease of His Imperial Highness the Crown Prince Archduke Rudolph, and to render for this communication, as well as for the expression of personal sympathy, the sincerest and warmest thanks of the Imperial and Royal Government, with the information that the imperial and royal envoy at Washington has been instructed by telegraph to express to the Secretary of State for foreign affairs at Washington our deep-felt gratitude for this valuable proof of sympathy of the American people for our beloved Emperor and for the people of this monarchy. The undersigned avails, etc. Mr. Lawton to Mr. Bayard. KALNOKY. No. 121.] LEGATION OF THE UNITED STATES, Vienna, March 2, 1889. (Received March 16.) SIR: I have the honor to inclose herein correspondence had between this legation and the imperial ministry of foreign affairs in relation to the sentence of banishment of Hugo Klamer, a citizen of the United States by naturalization, but born in Austria. The letter from this legation, the reply of the ministry of foreign affairs, and the decree of the imperial police, set forth the facts of the case with sufficient clearness to make unnecessary any further statement of them. It is understood that Klamer is still here, not further disturbed by the authorities, and the appeal from the decree of the imperial police not yet disposed of. As this condition of things may last for several weeks, perhaps months, I have thought it best to inform the Department of State of the present aspect of the case. I take leave to add, by way of further explanation, that this legation made the suggestion in letter dated January 25, 1889 to the imperial ministry, of a temporary suspension of harsh action against Klamer (without waiving any rights on either side) because it was represented by Klamer that it would be well nigh ruinous to him to depart from Austria at the time named to him by the imperial police. The hearing on the appeal has probably not been pressed by either party, and this legation awaits further action in the premises. I am, etc., A. R. LAWTON. [Inclosure 1 in No. 121.] Mr. Lawton to Count Kalnoky. UNITED STATES LEGATION, SIR: I beg to call your excellency's attention, and to invoke your intervention in the same, to the present condition of Hugo Klamer, a citizen of the United States, who is now temporarily in Vienna. The said Hugo Klamer was born in Vienna in 1859; emigrated to the United States in 1873, at fourteen years of age, and was there naturalized as an American citizen on August 20, 1883. He was in Vienna on a visit to his father, when the father died in December, 1887, which prolonged the stay of the son, and he remained here to attend to the settling up of his father's estate, intending to leave for the United States again in August, 1889. While he was in Vienna, February 11, 1888, Klamer obtained a renewal of his passport from this legation. On the 15th of the present month (January) the imperial royal police director issued a decree in accordance with the provisions of the penal code of 1852 (paragraph 323), as the decree alleges, permanently expelling the said Klamer from all the kingdoms and countries represented in the Reichsrath, as will more fully appear by reference to an English translation of said decree, which I have the honor to inclose. Klamer has been officially informed that he must depart on or before the 27th of the present month, and that his permanent expulsion has been decreed because he is considered a fugitive, who emigrated to the United States for the sole purpose of evading military duty in Austria, and who became an American citizen without having first obtained the consent of the Imperial Government of Austria. I take leave to call your excellency's attention to the terms of the expulsion, which go beyond the ordinary exercise of the police power of a Government, and give the precise reasons for this expulsion, and show that it was intended as a punishment of the said Hugo Klamer, for an alleged offense committed at or before he was fourteen years of age. Your excellency will pardon me for calling your attention to the second article of the treaty of 1870, between Austria and the United States; and especially to the last clause of that article, which seems to negative in express terms the liability of Klamer to "trial and punishment" under these circumstances. But for the present, without asking the imperial royal ministry of foreign affairs to waive any rights which it claims under their interpretation of the treaty, and without waiving by this legation any rights which the Government of the United States claims under its interpretation of the same, the time being so near at hand when Klamer is required by the police decree to leave the Empire of Austria, and the important business in Vienna cast upon him by the death of his father, requiring his present attention to prevent serious loss to himself and others, and in view of Klamer's declared intention to leave for America on the 1st of August next, I respectfully ask of the imperial royal minister of foreign affairs that the police order as to Hugo Klamer be suspended until the 1st of August, 1889. In the meantime this legation will be pleased to exchange views as to the questions involved with the imperial and royal ministry of foreign affairs. I have, etc., [Inclosure 2 in No. 121.-Translation.] Decree. A. R. LAWTON. The imperial royal police director hereby issues the following decree granting the right of appeal upon the basis of the law of July 27, 1871, R. G. B. 88, paragraphs 2 and 5: Hugo Klamer is hereby, in accordance with provisions of the penal code of 1852 (par. 323), permanently expelled from all the kingdoms and countries represented in the Reichsrath, and this from considerations of public order and on the ground of the provisions of paragraph 2, chapter 5, of the law of July 27, 1871, R. G. B., 88. KRAUSS, M. P. (Signed) VIENNA, January 15, 1889. This is a correct copy. [SEAL.] L. WAPBER [Inclosure 3 in No. 121.-Translation.] Mr. Pasetti to Mr. Lawton. VIENNA, January 27, 1889. The imperial royal ministry of foreign affairs had the honor of receiving the esteemed note numbered F. O. 52, under date of January 25, 1889, in which the honorable envoy of the United States refers to the expulsion of Hugo Klamer, a naturalized citizen of the United States, and has placed itself immediately in communication with the competent authorities in order to effect a decision in regard to granting a postponement. While the ministry of foreign affairs will make further communication to the honorable envoy on this matter at some later period, it can not refrain from pointing to facts which have already been learned on hasty inquiry. Hngo Klamer had received three calls for military duty in Austria before acquiring United States citizenship, and was therefore fully aware of the obligations which he owed to his native country; he absolutely failed, however, to answer the calls made upon him. It has, furthermore, been proved that Klamer came to Vienna as early as 1885 to visit his father, and that after his father's death in December, 1887, he had his name inscribed at the register of the chamber of commerce and board of trade, a proceeding which points to an intention on his part of settling permanently in Vienna. Nor will Klamer be punished for an offense committed by him when fourteen years old, or for non-fulfillment of military duty, which renders futile his appeal to Article II of the treaty of September 20, 1870, between the United States and Austria-Hungary. His expulsion is decreed on the ground of public order, a right which every Government must reserve for itself. The statement of Klamer that he is to be obliged to leave Vienna on the 27th instant, rests upon a misconception, as, having made an appeal against his expulsion, which is now under consideration before the competent tribunal, it could not be carried into execution before a decision has become known whether the appeal has been granted or refused. Of this the consulate-general has been informed by the chief of police. While the undersigned hopes that these intimations will not fail to make the affair appear in its true light, he avails himself, etc. For the minister of foreign affairs. Mr. Blaine to Mr. Lawton. PASETTI. No. 84.] DEPARTMENT OF STATE, SIR: I have received your dispatch (No. 121) of the 2d instant, with which you inclose copies of correspondence with the ministry of for eign affairs relative to the expulsion from Austria of one Hugo Klamer, a naturalized citizen of the United States. Your presentation of the case appears to have been discreet and proper, and is accordingly approved. You will continue with the same due discretion to look after the case and see that any rights to which Mr. Klamer may be entitled by treaty or by the law of nations are not infringed without due appeal for his protection. I am, etc., JAMES G. BLAINE. No. 128.] Mr. Lawton to Mr. Blaine. LEGATION OF THE UNITED STATES, Vienna, April 13, 1889. (Received April 27.) SIR: I have the honor to inclose copies of further correspondence with the ministry of foreign affairs relative to the banishment of Hugo Klamer from the Empire of Austria-Hungary. It will be discovered that when I received the "additional information," including action on the appeal and the grant of leave to Klamer to remain here one month longer than he had asked for, as shown by my first letter to the ministry, there was no further interference with the liberty of the citizen of the United States which presented any case for a demand at present. But it seemed to me that the correspondence should not cease, even for a limited time, without a re-assertion by this legatiou of the principle involved, and of the construction given by the United States Government to the treaty of 1870. Perhaps the correspondence will now be discontinued. A. R. LAWTON. I am, etc., [Inclosure 1 in No. 128.-Translation.] Mr. Krauss to Mr. Jussen. OFFICE OF THE CHIEF OF POLICE at VIENNA, SIR: Supplementary to my letter of January 22 (No. 5,534), and in reference to the esteemed favor of January 26 (No. 4,150), treating of the expulsion of Hugo Klamer, I have the honor to inform you that the provincial government of Lower Austria, by decree dated March 12 (No. 5,214), makes known to this department that the appeal of Hugo Klamer against decision of January 15 (No. 350) has been rejected, as the measures taken by the police appeared to be fully sanctioned by the laws. In view of family matters deserving consideration, a respite, however, has been granted to Klamer, and the date at which the expulsion is to take place has been postponed until September 1, 1889. 22 Of this decision Klamer has been informed this day by letter (No. 2337) with the additional information that the provincial government of Lower Austria has instructed the police department to explain to Klamer that the carrying out of the provisions of paragraph 2, section 5, of the law of July 27, 1871, R. G. B. No. 88, rendered imperative in the present instance for the good of the public, is not to be regarded as a "punishment" in the legal sense of the term, and that consequently the measures which the police took were by no means rendered questionable by the treaty of September 20, 1870. With assurance, etc., KRAUSS. [Inclosure 2 in No. 128.--Translation.] Mr. Pasetti to Mr. Lawton. VIENNA, April, 7, 1889. In addition to the information forwarded by the ministry of foreign affairs under date of January 27, 1889, and numbered 2304, relative to the expulsion of Hugo Klamer, the ministry now has the honor of informing the honorable envoy of the United States that this matter has undergone of late another investigation, and that the appeal made by Hugo Klamer against the decision of the director of police has been rejected, as this decision has been found to be in conformity with law, but that, in consideration of family affairs, a respite has been allowed up to September 1, 1889, of which fact Klamer has been already advised by the police. The undersigned avails, etc., For the minister of foreign affairs. PASETTI. [Inclosure 3 in No. 128.] Mr. Lawton to Count Kalnoky. LEGATION OF THE UNITED STATES, Vienna, April 12, 1889. The minister of the United States has the honor to acknowledge the receipt of the note of the imperial royal ministry of foreign affairs, dated April 7th, 1889, giving additional information relative to the expulsion of Hugo Klamer, and more especially that the appeal of Klamer from the decree of expulsion pronounced by the director of the imperial police had been rejected, but that in consideration of family affairs a respite had been allowed up to September 1, 1889, of which fact Klamer had then been advised by the police. The minister begs to acknowledge the courtesy shown in extending the time of Klamer's stay in Vienna beyond the period requested by this legation, pending the discussion of the principle involved in this expulsion of an American citizen under the circumstances of this case. Mr. Klamer may, for the present, give attention to the pressing private business which detains him in Vienna. But while cheer ully acknowledging this courtesy, the minister of the United States begs leave to recall and to adhere to the views expressed in his note of January 25, 1889, in first presenting this case to the imperial royal ministry, and as the action of the director of police has been necessarially referred to by the imperial royal ministry in the correspondence which this legation has had the honor to conduct on behalf of the United States and the views of the director of police have been made known by him to the consul-general of the United States and by the consulgeneral officially transmitted to this legation, the minister begs leave to dissent from the views of said director that the expulsion of Klamer was not intended as "punishment," and respectfully submit that the entire proceeding and correspondence seem to show that Klamer had been expelled because it was alleged that he evaded his military duty and fled from Austria for that purpose. This being the case, the facts and suggestions contained in the letter of January 25, 1889, from this legation attempted to show that it was quite impossible for Klamer to have committed this offense at or before the age at which he left Austria for the United States, and that he was protected by the provisions of the treaty of 1870. The minister further begs leave to call in the aid of the lexicographers to show that the word "punishment" is the only one that can be properly used in connection with the action of the police authorities and of the appellate court, to wit, "pain or suffering inflicted on a person because of an offense committed, and in the enforcement or application of law." The minister of the United States begs that this note be read in connection with his former note, No. 52, of January 25, 1889, on this subject, and avails, etc., A. R LAWTON. Mr. Adee to Mr. Grant. No. 21.] DEPARTMENT OF STATE, Washington, September 19, 1889. SIR: I have to inclose herewith a copy of a complaint transmitted to this Department by the American consul at St. Galle on the 24th ultimo from Mr. Frank Xavier Fisher, a naturalized citizen of the United States, in relation to his arrest and imprisonment at Wolfurt, Austria. He states that he arrived at that place on the 19th of August last. On the afternoon of the 21st of the same month he was arrested. The officer who made the arrest asked him why he had not presented himself for the performance of military duty. Mr. Fisher replied that he was a citizen of the United States, and bore as such a passport issued by this Department. This passport he offered for examination, but such examination was declined, and he was thrown into prison until the following day, when his papers were examined and he was discharged. Mr. Fisher alleges that at the time of his emigration he had not been conscripted, and this being so, he was not subject under the treaty of |