Mr. Hengelmüller to Mr. Sherman.
Washington, May 19, 1897.
Mr. Secretary of State: Mr. Ira Robinson, prosecuting attorney of Taylor County, W. Va., has informed me, by the inclosed letter, that Josef Eisenmann, said to be an Austrian subject, is now held in jail in Taylor County as a lunatic, and the aforesaid prosecuting attorney has expressed a wish that this legation will take the necessary steps to have him removed to a private hospital or otherwise cared for.
I have informed Mr. Robinson, in reply, that this legation has no funds at its disposal for the purpose mentioned by him, and that I would transmit his letter to the State Department, inasmuch as it raises a question of international law.
In the absence of any treaty stipulation on the subject, I do not consider myself authorized to address a definite request to the Federal Government in connection herewith. I think, however, that it is proper for me to bring the matter to its notice, for the reason that the course pursued, according to Mr. Robinson’s letter, in Eisenmann’s case, he being confined in jail instead of being taken to an insane asylum, is not in harmony either with the principles of humanity or with the course pursued by us toward American citizens who have become insane in Austria-Hungary.
The question of the removal to asylums in their own country of destitute American citizens who are receiving care and treatment in Austrian insane asylums has given rise to frequent correspondence between this legation and the Department of State, in the course of which the Federal Government has, it is true, declined to cause these unfortunate persons to be removed to American asylums, but has nevertheless referred to the fact that, when the case is reversed, i.e., when insane foreigners have been admitted into American State or district asylums, it presents no claim for indemnity to their Governments. I take the liberty, in this connection, to call your attention to the case of Amalie Roeber and that of Boris Adler, which were discussed last winter, and especially to your predecessor’s note of January 13, 1897, No. 145.
Without proposing to deduce, from the assurance contained in the concluding portion of the note above referred to, a claim for the actual removal to an insane asylum of every Austrian subject who has become insane in this country, or in any wise to discuss the legal questions arising in reference hereto, I desire simply to present the matter in its purely humanitarian aspect, pointing to the fact that in all such cases American [Page 15] citizens who have become insane in Austria have been removed to our public asylums, where they have been treated and cared for, and to the additional fact that the application for compensation, or for the removal of the unfortunate persons to their homes, has not been made until some time afterwards, and then through the diplomatic channel.
I should be very grateful, Mr. Secretary of State, if you would have the kindness to inform me of the steps taken in Eisenmann’s case.
Accept, etc.,