to information received from the director of said hospital, dated January 22, 1896Baritsky explains his journey to Russia as being the result of his intention to transfer his business to Warsaw and to see his relatives. In general, Baritsky is suffering from disorder of the mind, in the form of a commencement of progressive paralysis, and little hope is given of his complete recovery. Since his arrival at said hospital he has had several fits due to congestion and rush of blood to the head, with temporary unconsciousness. True copy. No. 379.] Mr. Breckinridge to Mr. Olney. LEGATION OF THE UNITED STATES, St. Petersburg, September 2, 1896. (Received Sept. 17.) SIR: Referring to my No. 282 of April 11, concerning the return to the United States of Henry Topor (known here as Henri Baritsky), 1 inclose copy of my letter of this date to our consul at Warsaw, which shows the present status of his case. I am afraid there is not much chance of the relatives at Warsaw helping Mr. Topor, but I will see what can be done. I have, etc., CLIFTON R. BRECKINRIDGE. [Inclosure in No. 379.] Mr. Breckinridge to Mr. Rawicz. LEGATION OF THE UNITED STATES, SIR: Referring to my letter of December 20, 1895, concerning Henry Topor (Baritsky), I now have to say that the Russian Government has arrested proceedings in his case, owing to his mental condition, and will permit him to return to the United States upon condition, however, that he is to be accompanied by some person of trust designated by this legation and that the expense of the journey shall be guaranteed by the legation. In a former communication I was informed by the Department of State that the money for Topor's return would have to be provided by his rela tives at Warsaw or from some such source, as the Government makes no provision for such expenditures and the family at Chicago were said to be unable to meet them. You are desired to inquire as promptly as you can as to Topor's present condition and location and to inform me. Also, let me know what his relatives at Warsaw propose to do in regard to defraying the expense of his return to the United States and the probability of securing an escort whom you can recommend. I am, etc., No. 407.] CLIFTON R. BRECKINRIDGE. Mr. Breckinridge to Mr. Olney. LEGATION OF THE UNITED STATES, St. Petersburg, October 10, 1896. (Received Oct. 22.) SIR: Referring to my No. 379, of September 2, I now have the honor to inclose copy of a letter of the 7th instant from our consul at Warsaw, saying that Mr. Henry Topor, whom the Russian Government had consented to release on account of incurable illness and mental unsoundness, upon condition that he be furnished an escort to the United States, has already left for America. This brings to an end my efforts to facilitate Mr. Topor's departure, and I presume closes the case. I have, etc., CLIFTON R. BRECKINRIDGE. [Inclosure in No. 407.] Mr. Rawicz to Mr. Breckinridge. CONSULATE OF THE UNITED STATES, SIR: I beg to acknowledge yours of 26th ultimo, in answer to mine of 18th (s. m.), and in answer to your communication of 2d ultimo, in re Henry Topor (Baritsky), United States citizen detained here. I can inform you now that he left for America already, with the assistance of his relatives, what [which] was communicated to me by his sister-in-law, Mrs. Mary Divorakowska, of this city. Your obedient servant, JOSEPH RAWICZ, United States Consul. RIGHT OF FOREIGNERS TO OWN REAL ESTATE AND DO BUSINESS IN RUSSIA. No. 257.] Mr. Breckinridge to Mr. Olney. LEGATION OF THE UNITED STATES, St. Petersburg, March 25, 1896. (Received April 9.) SIR: I am in receipt of a letter from Mr. Charles C. Scherf, editor of Traffic, 306 and 308 Chestnut street, Philadelphia, asking if the laws of Russia permit a noncitizen to carry on business or hold title to real estate, and if any distinction is made between subjects and foreigners in regard to taxation on business or property, and saying that the information is desired for publication. This appears to be a journal devoted largely to the extension of foreign trade. It seems to me that my reply should be to the Department, for transmission at its discretion, and I have informed Mr. Scherf of my taking this course. I have the honor to cover the inquiries as follows: Reference to the treaty of 1832, provides: ART. I. The inhabitants of their respective States shall mutually have the liberty to enter the ports, places, and rivers of the territories of each party wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories in order to attend to their affairs; and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside on condition of their submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning commerce. ART. X. And where, on the death of any person holding real estate within the territories of one of the high contracting parties, such real estate would by the laws of the land descend on a citizen or subject of the other party, who by reason of alienage may be incapable of holding it, he shall be allowed the time fixed by the laws of the country, etc. Personal inquiry at the foreign office reveals the fact that foreigners are not permitted to own real estate in the frontier governments of the west. These begin at Livounia, south of this point, and embrace Courland, Kovno, Suwalki, Lomsha, Plosk, Kalisz, Piotrkow, Kielce, Lublin, FR 96- -34 Volhynia, Podolia, and Bessarabia. Otherwise foreigners are permitted to do business in these provinces the same as subjects of the Empire, and there are said to be no special restrictions in any other part of the Empire. A general exception to this, however, must be noted in the regulations relating to Jews. Anyone of Jewish origin should make special inquiry before acting upon general assurances, for the Russian Government has special regulations in regard both to its Jewish subjects and to foreigners of such origin. While no exceptions are made against foreigners within the limits stated, yet it should be borne in mind that regulations and requirements are much more minute and complex here than in our country, and so a foreigner needs to proceed with great care in order not to fail in such particulars. Free individual initiative is not the practice here, but Government consent and control actively touch nearly everything; and ignorance or disregard of this often occasions difficulties which might be avoided. I have, etc., CLIFTON R. BRECKINRIDGE. SAMOA CORRESPONDENCE WITH THE EMBASSY OF GERMANY AT No. 357.] WASHINGTON. Mr. Olney to Baron von Thielmann.1 DEPARTMENT OF STATE, Washington, March 28, 1896. EXCELLENCY: I have the honor to bring to your attention, for tho information of His Imperial Majesty's Government, a copy of a letter from Mr. W. L. Chambers, lately United States land commissioner to Samoa, dated the 26th instant, making certain suggestions looking to the permanent and safe preservation of the labors of that commission, now that they are completed. The report of Mr. Chambers to which he refers will be found on pages 465 to 470 of Senate Ex-Doc. No. 97, Fifty-third Congress, third session, copies of which have heretofore been supplied to your embassy. I have, etc., RICHARD OLNEY. [Inclosure in No. 357.] Mr. Chambers to Mr. Olney. WASHINGTON, D. C., March 26, 1896. SIR: I had the honor, while representing our Government under the Berlin treaty on the Samoan land commission, to make some suggestions to Secretary Gresham regarding the preservation in permanent and orderly shape of the valuable work of the commission. Reference to his reply, dated February 24, 1894, will show how he regarded the suggestion, but as the work was then far from complete no action was taken by the treaty Governments. After the completion of the work, and before my return, Secretary Gresham asked me to make a more comprehensive report of the labors of the commission than I had forwarded from Samoa, which was a mere statement of the conclusion of the work, accompanied by tabular statistics. He also requested me to embody my suggestions regarding the orderly preservation of the work, as he wished to have my report printed along with Samoan correspondence called for by a resolution of the Senate. This report is dated February 3, 1895, and is printed; vide, message of the President to Senate, February 26, 1895. Subse quently the Secretary sent for me, and after further discussing the sug gestions said he intended to submit the matter to the ambassadors of England and Germany for the consideration of those Governments. He agreed with me that the preservation in some indestructible form of the commission's work was scarcely less important than the work itself. 'Sent also mutatis mutandis to the British ambassador. I do not know that he did anything further, for very soon afterwards he died, and I presume the subject rests where he left it. I beg to invite your attention to it now, because I have learned through Consul-General Mulligan that the chief justice of Samoa has about completed the work of revising the decisions of the land commissioners. I am otherwise informed that he made a judicial examination of every finding reported by the commission, and that he has disagreed with the commission only on one legal point, which affected but comparatively few of the 3,942 claims; and thus the completeness with which the land feature of the Berlin treaty has been carried out entitles it to the high esteem in which it is regarded by the treaty powers. However, this is immaterial. The long and trouble-producing land disputes are legally ended, and the evidence of this should be preserved in the most secure and permanent form. Nobody can foresee what is to be the fate of these unhappy people. "The Samoan question" is much out of proportion to its deserts, but it exists and will probably continue. In any view of the subject the most discordant element is now at rest, but the whole land question would be opened again with all.its evil-breeding possibilities if the settlements as now adjusted are left in their present chaotic and insecure condition, or worse still, if the evidence of these adjustments should be destroyed. It should be borne in memory that the Tamasese element, numerically, perhaps, half the natives, continually in opposition to the Government of straw under Malietoa, never recognized the commission officially. Suppose the Tamasese party should oust the Malietoans at a time when there was no foreign war ships in port? Every vestige of the commission's work, except the minute books, etc., deposited with the consular board, would be destroyed. I feel, Mr. Secretary, that in again bringing the matter to the attention of the Department I am emphasizing a subject of no small moment and which carries with it its own apology. I beg to inclose herewith marked portions of my report bearing upon this subject, and remain, etc., W. L. CHAMBERS. Baron von Thielmann to Mr. Olney. [Translation.] IMPERIAL GERMAN EMBASSY, Mr. SECRETARY OF STATE: The Imperial consul at Apia has, in his recent reports, referred to the delays, which are constantly increasing, in the payment of the taxes which, by the provisions of the Samoa act, are made payable to the Samoan Government by persons residing outside of the municipal district. The total amount of these arrearages, i. e., of those considered collectible, is estimated at $1,100. In this connection, reference is made to the fact that the foreign taxpayers are constantly becoming more disinclined to be the sole contrib utors to the support of a government which is unable to collect a tax from its own subjects, and which makes no return to them for their payments into its treasury. It is quite evident, from the statements of the Imperial cousul, that the discontent with the present system of taxation among the foreign |