Mr. Grant to Mr. Blaine.

No. 188.]

Sir: I have the honor to forward herewith a translated copy of a note from Count Welsersheimb, second chief of section of the ministry of foreign affairs. Count Welsersheimb’s note is in reply to one (copy inclosed), which was addressed by this legation to Count Kalnoky, minister of foreign affairs, in compliance with your letter of instruction No. 133, dated the 6th of August last.

Trusting that the Department will find that my note to Count Kalnoky covers the ground contemplated by its instruction,

I have, etc.,

F. D. Grant.
[Inclosure 1 in No. 188.]

Mr. Grant to Count Kalnoky.

Sir: Referring to my note No. 79, dated May 22, 1891, and also to the esteemed favor under date of July 9, 1891, received from the imperial and royal ministry of foreign affairs in reply to my note, I have the honor to say that the object of my writing was to place before the Imperial and Royal Government the statements of one Nikolaus Bader, who claimed that he had been “assisted” to emigrate to the United States by the community at Stauzach, Tyrol, in which he lived, after having been confined in an insane asylum for years, in consequence of a murder which he had committed. It was assumed that the assisting of an imbecile criminal to emigrate to a foreign country, where he would of necessity become a charge, not to say a dangerous one, to that country, could scarcely be regarded in any other light than as an unfriendly act on the part of the community which gave to this imbecile the assistance.

The investigation into the circumstances of Bader’s case, as related in the esteemed note above referred to, appears to have developed the fact that Bader had committed the murder mentioned, for which offense he was tried, but found, upon examination by medical men, to be irresponsible, and was therefore sent to an insane asylum, where he remained in duress until 1889. Upon being discharged as cured from this insane asylum Bader expressed the wish to go to America, and the community at Stauzach furnished him with the “necessary means of travel,” amounting to 100 guldens, 76 of which were given to a third party to pay Bader’s passage to New York, and 26 (sic) of the guldens were given to Bader himself, the latter amount not being enough to defray the expenses of his return to Austria after a visit to America, nor enough, after deducting the cost of food during the journey, to support him in America a reasonable length of time for a stranger to search for and obtain employment. It would seem, therefore, that while at the time of his “assisted” emigration Bader was not a “condemned criminal,” nor in duress as an “insane person,” still it is substantially proven that he was both a “criminal” and an “imbecile.”

The effort on the part of the local authorities at Stauzach to evade responsibility for the “assisted “emigration of this imbecile criminal by the statement that Bader was assisted in his desire to go to America by the “community” seems unworthy, under the circumstances, of consideration. In observing the traits of human nature it is not found that “communities “are active to the extent of contributing money to gratify the desires of individuals for foreign travel, unless actuated by other motives than those of pure charity, and when such contributions are made there can be usually found some one in authority who is chiefly instrumental in bringing about the result.

In the esteemed note from the imperial and royal foreign office upon this subject the details are not given as to how the contributions were raised, nor an explanation as to why the community used its individual and private resources for Bader’s pleasure, There seems to be also no assurance given that measures will be taken to reprimand the local authorities who are directly responsible in the case and to prevent a [Page 30] similar occurrence in the future. Briefly, it appears that the Imperial and Royal Government has not accorded to the subject of Bader’s assisted emigration the Importance which its gravity seems to demand. In conclusion, however, I am instructed by the Department of State at Washington to say “that, inasmuch as Bader has been returned, pursuant to the statutes of the United States, to the country whence he was assisted to emigrate, the incident may be regarded as terminated.”

I take this occasion, etc.,

F. D. Grant.
[Inclosure 2 in No. 188.—Translation.]

Count Welsersheimb to Mr. Grant.

Sir: The imperial and royal ministry of foreign affairs has learned with gratification, from the esteemed note of the 25th ultimo, No. 86, that the Government of the United States considers the incident of Nikolaus Bader’s emigration to America as disposed of by his return.

While the ministry of foreign affairs takes cognizance of this fact, it thinks proper to revert to certain observations made in the above-quoted esteemed note, without, in doing so, wishing to renew the discussion on a subject now to be regarded as settled.

In the first place, the ministry of foreign affairs thinks proper to maintain that Bader, after having been acquitted of the charge of murder by reason of imbecility, and having been discharged as cured from the insane asylum, was to be considered neither as a criminal nor as an imbecile at the time of his emigration, and that the theories advanced, therefore, by the United States Government, in order that the community at Stauzach be reprimanded for their course, fail to be veracious.

Moreover, it must be remembered that, except in cases where liability to military duty is concerned, the authorities of this Monarchy have no means to prevent the emigration of any of its subjects or to hinder a community from extending aid to a person to enable him to emigrate.

Aside from this, every state has at its command sufficient power to exclude individuals whose stay within its limits, for some reason or other, appears not to be desirable, and this power, in the present instance, has been exercised by the United States Government.

The ministry of foreign affairs has considered it to be its duty to state its views fully on this subject, the more so as the case of Nikolaus Bader may, in the future, be quoted as a precedent.

The undersigned, etc.,

For the Minister of Foreign Affairs.