Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-02-04
DENIAL OF AMERICAN PROTECTION TO AN ALIEN
RETURNING TO HIS NATIVE COUNTRY.

RETURNING TO HIS NATIVE COUNTRY.
The PRESIDENT yesterday communicated to Con-
gress some recent correspondence between the Sc
cretary of State and the United States Charge
dAiaires at Vienna touching the right to American
protection OF "inchoate citizens, who voluntarily
return to their native country. The is that of
person who emigrated from Austria to the United
States, and was first brought to the notice of the
State Department in the following official despatch
LEGATION OF THE UNITED STATES,
Vienna, November %, 1853.
SIR: ~ may not be improper for to remark that
cent difcutes between the Government Of the United
states ana Austria have evidently affected for the time be-
ing the intercourse between American citizens and the
Austrian authorities The former have become perhaps
naturally enough suspicious and are greater extent
than usual jealous Of their rights partaker of this
feeling myself may permitted to say that cannot but
IL becomes necessary, however, for me to direct your
attention TO still another of complaint made to this
legation and which may demand more serious consid-
Grafton has been presented in letter from one Simon
Tonsig, copy of which is herewith forwarded
1t VIII DC perceived from perusal of that letter that
the himself b. g American citizen
and as having been furnished with passport from your
Department at Washington and yet It would seem un
less he has erred with reference to the date of his going
TO America that he has not remained sufficient time in
the country to become Citizen in accordance with the
law
have addressed note to the Minister Of Foreign AZ
fairs Tor which forward copy presenting the circum
Oh the case his notice. and expressing the hope
that this individual may be permitted leave the Aus
grahed in this hope and that the case may present no
further difficulty. 1t is than probable, however,
Mt the present tme that this Government will be parc-
larry sensitive upon matter touching the citizenship Of
who formerly Austrian subject acquired under
our naturalization laws and that it will insist upon
tanning possession Of his person Should the facts of the
therefore, as they may hereafter DO developed
firm the statement of Tonsg, simple and unpreendng
these facts are serious question may arise for condera
tion and settlement.
am respectfully, your obedicnt servant
HENRY K. JACKSON.
The letter of Mr. Tonsig referred in the foregoing
communication is dated Prague November g. 1853 and
sets forth that in the year 1849 he with passport
to the United States and settled himself at Mesuchen
Mddlcsex county, New York. and became citizen of the
United States In 1858 he obtained passport from the
State Department md returned to Austria to conduct
helpless family, widow and FIVE small children to their
relatives in Prague The police got possession of his
passport and refused to return it him. that he might
hoe and said to him: You are an unlawful emf
grant, and ought to be punished for that or must be
and secondly, you cannot become citizen of any coun
try before get leave of your sovereign He relates
what serious troubles he has experienced in endeayorng
to obtain his passport and nvokes the good Offices of
Charge dAfares in the premises.
Mr.. Jackson our Minister, thcreupon addressed let
ter to Count Buol Schawenstein dated November %,
1861 repeating the statement of Mr. Tonsg concluding
with the remark With this statement Of the circum-
stances Of the case the humane motives which brought
this individual into his imperial Majesty dominons of
the fact that he received under passport from the
American Government and that it is important for him
to leave Prague at very early day. express
the confident hope that your Exceency will direct the
authorities in Prague not to object to his speedy de-
'parture."
Mr. Jackson on the Sd of December 1853 again wrote to
Mr. Marcy stating that the Austrian Minister contended
that Tonsig was Austrian subject that he had left
Austria some six months ago with passport simply for
Europe; that "some how or other" he had found his
way to the United States but that he was the less
Austrian subject, and that his American passport did
not make him American citizen. From some express
sons which he employed in the of his remarks Mr.
Jackson drew the inference that in the view of the
trian Government, Tonsg had rendered himself crmi-
nally amenable to the laws of Austria and would be
dealt with accordingly. 1t appears Mr.. Jackson says
that while the Minister is wrong the time when
Tonsg left Austria he is right the character of the
passport which authorized him to leave and right in his
assumption that Tonsg is not yet naturazed citizen
Of the United States The law of Austria is express that
Austrian SUBJECT can transfer his allegiance without the
Of his sovereign first obtaned and would
ito follow, Legitimate consequence, that If Austrian
law to control the decision of this question Tonsg
still an Austrian subject, and his initiative character Of
American citizen absolutely void. To interfere further,
therefore would attack the law Of regulating
the nature and obligations Of allegiance"
Mr. Marcy replied to Mr.. Jackson JAM TO- 1854. In his
letter he says he has carefully examined the dispatches
Of Mr.. Jackson relating to the Of Simon Tonsg,
and regrets to find that it is which will not authorize
more effective interference than that which Minis
left this country with passport issued from the State
Department; but he neither native born
tuazed citizen he not entitled to it. 1t is only to
citizens that passports issued. As Mr.. Tonsig had
one it was proper ascertain the by which he
procured it. On examining the records of the Depart
ment of State the Secretary finds that the passport
was obtained by perjury at least by gross fraud
An affidavit, purportng to have been made by Simon
Tonsg on the 26th day Of September last in which he
declares on oath before notary in the city Of NeW York.
that he was born in Iowa, and "that he is native CT
tiEen of the United States presented the Depart
ment on the first of October thereafter and upon this
evidence corroborated by the oath Of another
Edgar Donncly-a passport given to him. In con-
clus:on Mr.. Marcy says: ~ do not discover any prn
ciple in virtue of which this Government claim as
matter right the release of Tonsg He has voluntarily
placed himself within the jurisdiction of the laws Of
Austria, and is suffering appears by the you
present it, the he has done in violation of those
taws while he Austrian subject Though you are
not instructed to demand his release matter Of right