Mr. Townsend to Mr. Hay.
Brussels, August 16, 1901.
Sir: In conformity with instructions contained in Department’s dispatch No. 80, of July 29 last, I have transmitted the facts of the case of Mr. Thomas de St. Bris to the minister of foreign affairs of Belgium, to the end that if, after investigation, the facts prove to be as represented, “proper reprimand and regrets” may be expressed for the false arrest of said Mr. de St. Bris at Middelkerke, Belgium, on June 7 last.
Awaiting the reply of the Belgian Government in this affair, I may add, for the information of the Department, that when Mr. de St. Bris called at the legation and stated his case he was informed that his claim would be submitted to the proper authorities to the end that the policeman might be reprimanded for his error and that proper regrets might be expressed by the chief police for the false arrest.
He replied that he did not care whether the policeman was reprimanded or not, nor did he desire to receive any expressions of regrets.
He wanted money compensation only and desired to institute a claim against the Belgian Government for heavy damages.
It was pointed out to him that, as a traveler in Belgium, he was obliged to conform to the laws of the country, and that as a citizen of a friendly power he had the right to claim and to receive the same treatment at the hands of the authorities as a citizen of Belgium.
His arrest appeared to be either due to a case of mistaken identity or an error in judgment on the part of the local policeman, and did not seem to be in any way due to the fact of his being an American citizen.
Under these circumstances, and with the view of obtaining damages in the form of a money compensation, his proper course would be to institute a suit against the local police authorities in the civil court of Belgium, in which event it would be necessary for him to employ a lawyer. As he did not appear to have received any bodily injury or be incapacitated in any way, it was further pointed out to him that it was extremely doubtful if he would be able to obtain monetary damages in such a suit, and, furthermore, that the claim for such damages, which he desired to institute against the Government, would probably only result, if the facts proved to be as represented, in a reprimand to the policeman and an expression of regrets to him. Mr. de St. Bris replied that as he did not care for regrets, and as it was only money he was after, he would not press his claim.
A few days later, i. e., June 25, Mr. de St. Bris wrote a letter addressed to my secretary confirming this determination of his.
I have, etc.,