Mr. Hitchcock to Mr. Sherman.

No. 8.]

Sir: Referring to your No. 485 of November 9, I have the honor to inclose herewith copy of a note of this legation of November 26/December 8, and of the reply of the Imperial Government thereto, dated December 20.

It appears from Count Lamsdorff’s note that the five years’ service referred to by the Imperial legation at Washington is not in lieu of the criminal liability incurred under article 325 of the Penal Code for the offense of becoming a naturalized citizen of a foreign country without permission of the Imperial Government, and that condition, as regards military service, applies to all subjects of the Empire irrespective of religion, and hence extends to Jews.

I have, etc.,

Ethan A. Hitchcock.
[Inclosure 1 in No. 8.]

Mr. Breckinridge to Count Mouravieff.

Your Excellency: I have the honor to inclose a copy of a letter from the Imperial legation at Washington of October 20/November 1, sent me by my Government, with instructions to inquire if the conditions of five years’ service in the Russian army, therein referred to, is [Page 439] in lieu of the criminal liability under article 325 of the Penal Code for the offense of becoming a naturalized citizen of a foreign country without Imperial consent, and whether the same condition of return extends to Jews?

It may be observed that the communication from the Imperial legation was sent to the Department of State by the applicant in the usual course of correspondence about his desires to procure a permit to return to Russia on a visit; but that its failure to mention the liabilities formerly given as imposed suggested the inquiry as to the present status of the law on the subject.

I avail myself, etc.,

Clifton R. Breckinridge.
[Inclosure 2 in No. 8.—Translation.]

Count Lamsdorff to Mr. Hitchcock.

Mr. Minister: Referring to the note of November 21/ December 8, I hasten to communicate to you that the five years of military service mentioned in the letter of Mr. Zelenoi are not in lieu of the penalties established by article 325 of the Penal Code for unlawful abandonment of Russian subjection. All the subjects of the Empire, without distinction of religion, are held to serve during that time under the flag.

Accept, etc.,

Count Lamsdorff.