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tion of some such certificate for your legation and our consulate at Buenos Ayres. You also ask, in the event of the adoption of such form, for instructions as to its use and request information on several points which relate to the subject.
The proposed form which you inclose (inclosure No. 4) is quite inadmissible. It is simply a passport in Spanish. There are only two ways of certification of American citizens available:
(1) Deposit of regular passport in the legation or consulate and the issuance to the bearer of a certificate of such deposit and of his registration in the legation or consulate. The French form (inclosure No. 2 to your dispatch) might serve.
(2) Indorsement on the passport itself of a certificate in Spanish. A Spanish translation of the following form might be used: The within passport, issued by
attests that is a citizen of the United States of America, and as such is entitled to the rights and privileges of such a citizen in a foreign country.
Seen and noted in this legation (or consulate).
No person can receive a certificate of citizenship in lieu of a passport. Whatever certificate is giveu must be predicated upon a regular passport. I am, etc.,
W. Q. GRESHAM.
UNITED STATES CITIZENS AND ARMY SERVICE.
UNITED STATES LEGATION,
Vienna, October 3, 1893. (Received October 18.) SIR: I have the honor to transmit herewith, for your information, copies of correspondence between this legation, the United States coni sul at Budapest, and the ministry of foreign affairs at Vienna, relative to the arrest, enrollment into the army and subsequent release of Mike Minis, or Michael Minich, a native of the province of Slavonia, in the Kingdom of Hungary, and a naturalized citizen of the United States. I have,
[Inclosure 1 in No. 45.]
UNITED STATES CONSULATE,
Budapest, March 31, 1893. ŠIR: Mike Minis (Michael Minich), as shown by the inclosed certificate of naturalization, is a citizen of the United States. Upon his return he was examined and found fit for the army in his native place and was enlistud and put in the arniy, This case came to my notice by letter written by Mathew Mieder from Mount Pleasant, Pa. Upon investigation I found that the above Minich is an uneducated Slovak, without energy, who did not object to his enlistment, and did not even mention that he was a citizen of the United States.
I have found out that the said Minich left this country by Bremen at 16 years of
E. P. T. HAMMOND,
U, S. Consul.
[Inclosure 2 in No. 45.]
UNITED STATES CONSULATE,
Budapest, April 15, 1893. $IR: Yesterday I had conversation with Mike Minis (United States citizen in army here), and gathered from him the further information that he was born at Felsö, Slaropia, but he could not tell what year or month, only that this summer he will be 23 years old. He went to America six years ago the 10th this April by steamer Fulda, or Ems, from Bremen, returned from America to Hungary about nine months ago, and has been serving in the army since 1st October, 1892. Knowing how inportant to find date and year of his birth, will write to proper authorities in Felsi and try and get certificate of birth. I have heretofore and now given all information that can be obtained from said Minis himself, I am, etc.,
E. P. T. HAMMOND,
(Inclosure 3 in No. 45.]
Mr. Grant to Count Kalnoky.
UNITED STATES LEGATION,
Vienna, April 14, 1893. Your EXCELLENCY: I have the honor to inform you that I am in receipt of certain letters which seem to indicate that “Mike Minis,” or “Michael Minich,” a naturalized citizen of the United States of Hungarian origin, was, upon October the 1st, 1892, forced by the Hungarian authorities to enter the ranks of the imperial and royal army.
I can not as yet place before your excellency all the details of this case, as they have not been fully reported to me, but I inclose herewith Minis's naturalization certificate of American citizenship, and I hasten to request that his case may be investigated and that he may be discharged from the army of the Austro-Hungarian Monarchy.
Investigation has shown that Mike Minis, or Michael Minich, emigrated to the United States in the year 1886, and remained there for six years, during which time he was a workman in the mines of Pennsylvania.
It is also reported to me that the present address of the above-mentioned individ. ual is K. K. Genie Regiment, fifteenth company, Ferdinands Kaserne, Budapest.
With the request that your excellency will have the inclosed certificate of citizenship of Mike Minis, or Michael Minich returned to this legation when the imperial and royal authorities shall have finished the investigation of this case, I have, etc.,
FREDERICK D. GRANT.
(Inclosure 4 in No. 45.- Translation.}
Count Welsersheimb to Mr. Grant.
VIENNA, June 2, 1893. SIR: In preliminary response to the esteemed note of April 14 last, No. 174, relative to the enrollment of Mike Minis, alias Michael Minich, a naturalized citizen of the United States, for service in the imperial and royal army, the ministry of foreign affairs begs leave to inform the honorable envoy of the United States that this case has been referred to the royal Hungarian ministry of public defense with a view of an immediate leave of absence to be granted him. and that investigations be made in regard to his naturalization.
(Inclosure 5 in No. 45.- Translation.)
Count Welsersheimb to Mr. Tripp.
VIENNA, September 25, 1893. Sir: Supplementary to the note of June 2 last, which the ininistry of foreign affairs addressed to the predecessor of the honorable envoy of the United States in reference to the enrollment of Mike Minis, alias Michael Minich, a naturalized citizen of the United States, for active service in the imperial and royal army, the undersigned now has the honor of informing the honorable envoy of the United States that the royal Hungarian ministry of public defense. after having fully investigated the case, report that Minich's naturalization in the United States took place in due form and according to law, and that he has been therefore definitely discharged from the imperial and royal army, and that the documents proving his identity bave been returned to him.
UNITED STATES CITIZEN ARRESTED ON SUSPICION.
Mr. Tripp to Mr. Gresham.
UNITED STATES LEGATION, Vienna, October 29, 1893. (Received November 15.) SIR: I have the honor to acknowledge the receipt of your dispatch No. 39, of date October 13 last, in reference to Edgar W. Mix, and I herewith submit for your consideration the subsequent correspondence between this legation and Mr. Mix in reference to his claim against the Government of Austria-Hungary for damages occasioned by his arrest.
You are of course cognizant of the fact that the municipal and governmental regulations in force in the fortified cities of Europe are very, and perhaps under the conditions obtaining here, necessarily strict, and on Mr. Mix's own showing, in my judgment, he fails to make a case favorable to his right of action against the Government, but, as I am informed from other sources, Mr. Mix, to put the matter mildly, was very imprudent, and he would have little show of recovery in a private action for damages against the local officers. Therefore, not regarding this a case in which the claimant had a cause of action upon the showing made by himself, I have not deemed it necessary to set out for your consideration the facts as claimed by the municipal officers of Przemysl further than such claim appears in the note of the ministry of foreign affairs in the correspondence already submitted. I have, etc.,
[Inclosure 1 in No.50.)
Mr. Mix to Mr. Tripp.
Paris, October 6, 1893. DEAR SIR: As you will remember, I had occasion to telegraph you from Przemysl on the 14th of September regarding my imprisonment there on the charge of being a spy. I also wrote you as soon as I was liberated, stating that directly I returned to Paris I would make claims through the American minister against the Austrian Government for damages.
I have only just returned, after a business trip to Odessa. I returned by way of Berlin and have visited the American minister here, who informs me that the incident having occurred outside of his territory I must address you with regard to it.
I left Paris on September 7 on my business visit to Odessa, passing by way of Milan, Venice, and Vienna. I left Vienna on the night of September 12, having purchased a through ticket of Messrs. Cook & Co. I took the 10 o'clock train from Vienna. On the way from Krakan I had occasion once or twice to step out of the train as it stopped at the stations and photograph some curious costumes of the country. Arrived at Przemysl I did the same. The train stops at this point not more than two minutes, and I had barely stepped out of the car before a detective approached me and demanded what I had and what I was doing. I tried as best I could to make him understand, and showed him my photographing apparatus, also my ticket direct through to Odessa, and on his demand showed him my passport. This did not seem to satisfy him and he ordered me to get out of the train and accompany him. This I did with what hand baggage I had in the car. My overcoat, unfortunately, was in the dining car, and as soon as I had stepped out of the train it rolled off.
I was conducted into a room in the depot, and the commissaire of police summoned. I was here searched from head to foot and all the papers in my baggage examined. As I speak neither Polish nor German I could not make myself understood until a gentleman was summoned who spoke French. I presented the case very plainly to him, and told him what I was doing, where I came from, and where I was going, and all the incidents of my voyage, and gave them the most detailed explanation of all papers and documents which I had about me.
My passport was in perfect order, and had been visaed by the Russiau consul in Paris before my departure, this formality being necessary in order to cross the Russian frontier. It may be that the signature of the Russian consul caused them to suspect me of being a Russian spy.
My explanation in the depot was not apparently sufficient, and I was conducted to the commissaire of police. There my papers were again searched by two or three individuals, and I gave every explanation they demanded.
They called in a lawyer with whom I could converse, and he made out a statement in Polish as to who I was, where I came from, where I was going, and the object of Iny visit.
Up to this time everything looked as though I had given perfectly satisfactory explanations, and that I would be liberated before night. I had been arrested at noon. However, I would add that the commissaire of police was about half intoxicated, and I had occasion when I got out of prison to talk with the lawyer who had been present during my first examination, and he corroborated my opinion in this respect.
The commissaire, after the departure of the lawyer who had drawn up my statement, began a sort of cross-examination in German, of which I practically understood nothing, and he denied permission to an employé of the office, who understood some French, to make any interpretation for me. I comprehended sufficient German, however, to understand that the commissaire believed that I understood German perfectly, and was only pretending that I did not understand.
They then began sealing up my papers, which naturally told me that I would be detained some little time longer. I immediately began asking permission to telegraph to my company in Paris, and also to you. All such permission was denied, even after my repeated demands.
I was sent to prison about 5 o'clock, and locked up with a lot of criminals, after having had everything which I had in my pockets taken from me. I was not allowed to take anything, neither my traveling robe.
I was locked up until 10 o'clock the next morning, when I was taken before the jailer and obliged to pay for a dinner which I had eaten in the dining car and had not yet paid for at the moment of my arrest. Having again an opportunity for asking for permission to telegraph, I repeated my request, but was greeted with a refusal. I then asked for a lawyer, whom I succeeded in obtaining. The lawyer happened to be the one who had been present at my first examination at the commissaire of police, and I got him to procure permission from the commissaire of police and procureur-general to telegraph both to you and to my company at Paris. I was not, however, even permitted to see the telegrams which were sent, but was obliged to pay for them.
It was not until I had been locked up forty-eight hours that a telegram was received by the procureur general from the minister of the interior at Vienna, ordering them to set me free, that I was given my liberty. No excuse or apology whatever was made by any official.
The delay caused by my imprisonment, which lasted two days, and the loss of time caused by not being able to make the train connection to Odessa, caused me to lose, in all, just three days of time. This caused me a very great prejudice, as I had a very important affair on hand in Odessa.
The same delay also caused a very great prejudice both to my company in Paris and Berlin.
My camera had been taken away on the first day of my imprisonment and given to a photographer for developing. The developed plates were present during one of my examinations before the procurer, and there was nothing about them whatever which could excite the least suspicion that I was taking photographs of fortifications or acting as a spy. I may add here that the camera was broken in the hands of the photographer.
After my release it was impossible for me to find any trace of my overcoat, although I made inquiries at all the stations along the road to the Russian frontier, and also wrote to the railway company on the matter.
All in all, I consider my net losses, covering the overcoat, camera, telegrams, and lawyer, amount to 500 francs. Over and above this, I naturally desire to make very heavy claims for damages, as the news of my imprisonment was telegraphed all over the world and appeared in all American as well as European papers, and caused me considerable damage in that respect.
I therefore ask you to make claims against the Austrian Government for the sum of 100,000 francs, and I would request you to inform me what steps I should take to impress my claim.
This matter has been taken up by the newspapers, and since my return to Paris I have been approached by several, asking for details of the matter. I replied that I did not care to make any public statement until I had communicated with you and had made my claim for damages. Yours, etc.,
E. W. Mix.