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United States Department of State / The executive documents of the House of Representatives for the first session of the fiftieth Congress. 1887-'88

Austria-Hungary,   pp. 13-24 PDF (4.7 MB)

Page 13

                               No. 12.
                       Mr.;Lee to Mr. Bayard.
                       o    LEGATION OF THE UNITED STATES,
                    TVienna, October 4, 1886. (Received October 25.)
  Sir, I have the honor to report that a short time since I received
from Mr. Antonio Chirighin a petition, asking for the protection of the
United States against an order of expulsion, a copy of which is inclosed,
with a translation.
  I also inclose a copy of a notewhich I at once addressed to the
foreign office here, and to which I have as yet received no answer.
  The inclosures present all the material facts as far as-I have been
made acquainted with them.
  The order of expulsion admits the fact of American citizenship, and,
by giving the alternative of leaving the country or reassuming the
former status of Austrian citizenship, seems also to admit notonly that
Mr. Chirighin' has committed no offense against the laws of the Empire
since his return, but that he is a desirable person to have as a citizen.
  His only offeinse appears, from these papers, to be that he became an
American citizen without ha-ving fulfilled the obligations of the Austrian
conscription laws, and returned to-his former home.
  The difficulty and delicacy of this class of cases arises from the un-
doubted legal rights possessed here by the chief local officers to decree,
in the exercise of their police duties, the expulsion of any foreigner
who disturbs, or who they believe will disturb, the public weal.
   While I should not feel disposed to dispute the right of one govern.
meut to expel the citizens of another country for cause, I do noot see
that we can accept as sufficient cause the doing of acts which our treaty
provides shall be legal.
   The order having been brought to my official notice, I deemed, it
 proper to assert, in the broadest way, our treaty rights, *  *  and I
 hope that the course pursued may meet with your approval.
       I have,.etc.,
                                              JAMES FENNER LEE.
                        [Inclosure 1 in No. 211.-Translation.]
                      Order of expu7sion of A. Chirigkin.
 ro ANToNIo CHIIRIGHIN, Of Girolorno, Aerce:
 As a result of the suggestion of the 3(1 of September, 1886, which contained
 propositions, the I and R. district captain decides to inform you that,
according to
 the interpretation of the last line of Article II of the state treaty of
'20 September,
 1870, B. L. I., 1871, No. 74, no penal procedure will be taken against you
 your military (conscriptional) duties.

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