Mr. Breckinridge to
Mr. Olney.
Legation of the United States,
St. Petersburg, February 18,
1896. (Received March 6.)
No. 225.]Sir: I have the honor to acknowledge the
receipt of your dispatch No. 167, of January 23, in regard to Henry
Topor, arrested at Warsaw for becoming a citizen of the United States
without permission and now confined in an asylum near that city on
account of insanity. I have prepared a note to Prince Lobanow,
expressing the hope that on account of the irresponsible condition of
the accused his case will be taken from the catalogue of controversy and
he be released upon condition that a suitable escort is furnished to
take him back to his family in the United States.
It seems best to act upon your general suggestion in this way.
A copy of the note is inclosed and I will deliver the original to the
Prince to-morrow, his first reception day. It seems well also to try and
advance the case without waiting for the hoped-for reply from Mr.
Topor’s family, providing the necessary funds, so as to let him start as
soon as practicable in case the result is favorable.
I inclose also a copy of a note from the foreign office of December
15/27, which has not yet been followed by the promised information and
is the only addition to the papers already in your hands.
I have, etc.,
[Page 526]
[Inclosure 1 in No.
225.—Translation.]
Mr. Chichkine
to Mr. Breckinridge.
Imperial Ministry of Foreign Affairs,
Department of
Internal Relations,
St.
Petersburg, December 15/27,
1895.
Mr. Minister: Referring to your note of
December 8/20, relative to the case of Mr. Henry Topor, I have the
honor to inform you that the Imperial ministry of foreign affairs
has hastened to place the subject before the minister of the
interior and will not fail to communicate to you all the data
obtained in this matter.
Receive, Mr. Minister, etc.,
[Inclosure 2 in No.
225.]
Mr. Breckinridge to Prince Lobanow.
Legation of the United States,
St. Petersburg, February 6/18, 1896.
Your Excellency: Referring to my note of
December 8/20, 1895, relating to Mr. Henry Topor, arrested for
leaving the Empire and becoming an American citizen without Imperial
permission, and to the kind ministerial reply of December 15/27, I
now have the honor to respectfully submit a suggestion made by my
Government in a recent communication upon the subject.
The police department of Warsaw, in a communication to the United
States Consul November 30/December 12, No. 14271, after speaking of
Mr. Topor’s arrest, says that he has been sent out to an asylum on
account of being mentally deranged. The Secretary of State of the
United States suggests that on account of the mental disease of the
accused and the irresponsibility thereby implied it is hoped that
his case will be taken out of the general category of controversy
and be made the subject of the most lenient and considerate
treatment. It is recognized that the Imperial authorities are now
treating him with all the leniency and kindness consistent with his
detention as a responsible person. It is recalled by the Honorable
Secretary that in a similar case in Germany, but arising from a
different cause, a citizen insane was humanely released and
permitted to return to the United States upon condition that he be
taken charge of by a suitable person selected by the United States
Government. While Congress makes no provision for such cases, yet
the Secretary of State has advised Mr. Topor’s family that if they
will provide the necessary funds, and the Imperial Government will
graciously grant this release, he will authorize the selection of a
suitable person for the purpose, and he has empowered me to this
effect.
While I have not yet received the advices kindly promised as soon as
practicable by the ministerial note of December 15/27 in regard to
Mr. Topor’s condition, yet as my present information is from the
police department at Warsaw, through the United States consul at
that city, I can hardly doubt that the further information when
received will confirm, only with fuller details, that now possessed.
In view of the considerations advanced I trust that pending and
apart from the settlement of the general questions involved this
concession may be
[Page 527]
graciously extended to a man in such a helpless, irresponsible, and
sympathetic condition. It would seem to be a relief to all for such
a man to be again with and in the charge of his family.
Submitting this to the just and humane consideration of the Imperial
Government, I avail myself, etc.,
