Mr. Olney to Mr. Hengelmüller.

Sir: I have the honor to acknowledge the receipt of your note, with inclosures of November 16, last, relating to Amalie or Amalia Roeber, at present an inmate of the psychiatric department of the general hospital in Vienna, whose case has been the subject of previous correspondence between your legation and the Department.

In your last note you renew the request of your Government that the patient be returned to, and presumably at the expense of, the United States.

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The following are alleged to be the facts in the case:

That Amalie Roeber came to the United States with an aunt when she was 9 years of age; that on the 19th of September, 1867, she was married to Emil Roeber; that on October 24, 1867, Emil Roeber was naturalized a citizen of the United States before the court of common pleas of the city of New York, and that a passport was issued to her by the United States legation at Vienna, November 30, 1888.

By the enumeration of the above facts, supported by the inclosures in your note, it is not shown in what State Amalie Roeber last resided before her departure for Europe, nor exactly how long she has been absent from the United States.

Waiving the question that might properly be raised as to her intent to return to this country before she was attacked with dementia and had become an inmate of the hospital in Vienna, and admitting that she should be returned, it would necessarily have to be determined of what State she was a resident before the authorities thereof would be justified, if at all, in receiving her.

If this can not be definitely shown, it naturally follows that neither the State of New York nor that of Massachusetts can be rightfully expected to assume such a charge. There is no Federal law or appropriation, moreover, under which an insane citizen of the United States can be returned from Europe to this country. If, therefore, the friends or relatives of the person in question can not be found, or will not have her removed, the Department perceives no way in the present status of the case by which a compliance with the request of your Government can be effected.

Returning the inclosures to your note, I avail myself, etc.,

Richard Olney.