Mr. Breckinridge to Mr. Olney.
St. Petersburg , April 22, 1896 . (Received May 7.)
Sir: Referring to my No. 285, of April 20, and to your No. 209, of March 24, relating to men arrested on Robben Island, I now have the honor to report the result of my interview to-day with General Unterberger, governor of Vladivostok and of the maritime province of eastern Siberia.
In the first place, he told me that while the men were within his government at Vladivostok, and the court before which they are tried is also located there, yet that the whole matter, after arrest, is in charge of the civil administration of justice. No administrative official can alter the course of proceedings, that power being exclusively judicial; and after sentence, only the Emperor can commute or pardon. The only exception to this lies in certain proceedings affecting Russian subjects charged with a new offense while still in part undergoing punishment or restraint for a former offense; but this does not change the status, as stated, for Americans. This is different from the impression apparently entertained by Prince Lobanow, and perhaps clearly points the way that must be watched.
As for the reported sentence of seventeen years in prison in chains, spoken of at the beginning and close of the petition from the mayor and [Page 504] many others of San Francisco, the governor said that that was clearly a mistake, as in poaching cases the maximum sentence permitted, and that without special hardship, is two years’ confinement. He says the seventeen years’ sentence applies only to murder cases.
No information had reached the governor in regard to the proceedings in these cases, and, as indicated before, there is no official reason why any should come to him; but he manifested throughout the kindest interest in the matter, and volunteered the statement that he would telegraph at once for information and would let me know what he might learn.
I impressed upon the governor my belief that penalties more harsh than general sentiment approved as suitable for trespassers upon seals, so long and so recently considered lawful prize for anyone, could not conduce to the salutary and comprehensive regulations now being recognized as desirable; and the petition from San Francisco was potent evidence with him as with Prince Lobanow of the serious interest that is taken in this question and in the fate of these men.
I also especially called his attention to the fact alleged in the petition that the vessel which left them upon the island was a British and not an American vessel; that of the seventeen men arrested only five are reported to be Americans, all of which indicates that they probably shipped for a professedly lawful enterprise, were in a helpless and not in a responsible position, and may have been entrapped into this difficulty, such as it is, wholly against their expectation and will.
While explicit information is still meager, yet the grave fear and anxiety of extreme punishment can, it seems to me, be allayed, and there is every evidence of genuine and kindly interest on the part of Prince Lobanow and General Unterberger, whose opinions will go far to shape the policy of the Government in these matters and to determine the ultimate fate of these men. I will continue to advise you of all that I can learn, and to press any point that may appear in the interest of the accused.
I have, etc.,