No. 603.
Mr. Foster to Mr. Evarts.

No. 48.]

Sir: It becomes my unpleasant duty to report another case of the enforcement against an American citizen of the order prohibiting foreign Jews to reside in St. Petersburg. The first knowledge which I had of the fact was obtained through a letter from Mr. White, our minister in Berlin, a copy of which and of my reply thereto I herewith inclose;

From Mr. White’s letter it will be seen that Mr. Marx Wilczynski, a citizen of the United States, having a passport issued in due form by the legation at Berlin, came to Russia on business as the agent of an American mercantile firm. On the 25th (13th) of last month he was ordered to leave St. Petersburg, the reason alleged for said order being that he was a Jew; and the following indorsement was placed upon his passport by the police authorities.

[Translation.]

The bearer of this passport, a North American citizen, a merchant and a Jew, Marx Wilczynski, is forbidden to reside in St. Petersburg.

September 13, 1880.

Chief of section:

P. SAPCIENTRE.

[seal of st. petersburg prefecture.]

[Page 991]

Mr. Wilczynski states that he had not time when this order was received to apply to this legation for advice and assistance) but having reached Berlin, he now applies to me, through the legation in that city, to have the order of expulsion rescinded, and asks me to inform him what rights, if any, American citizens of the Israelitish faith have in Russia.

Acting upon the tenor of your instructions in the recent case of Mr. Pinkos, I have addressed Baron Jomini, acting minister of foreign affairs, a note, of which I inclose a copy, protesting against the action of the police, as a new infringement upon the rights of American citizens and of international comity, and as an interference with the reciprocal liberty of commerce guaranteed by treaty. After embodying the views expressed in your No. 27, of the 4th ultimo, as cumulative of my note in the Pinkos case, a copy of which I transmitted with my No. 37, of the 16th ultimo, I asked the minister that Mr. Wilczynski might be permitted freely to return to Russia to prosecute his business engagements and that the police authorities of St. Petersburg be instructed not to molest him in his lawful pursuits.

I have received no answer as yet to my note to the minister in the case of Mr. Pinkos.

I am, &c.,

JOHN W. FOSTER.
[Inclosure 1 in No. 48.]

Mr. White to Mr. Foster.

My Dear Colleague: I take the liberty of sending yon the inclosed passport of Mr. Wilczynski for the following reason:

Mr. Wilczynski is the agent of an American mercantile firm, and has much business in Russia. On his last visit to that country, he took out the inclosed passport at this legation and had no trouble until he reached St. Petersburg, where he was ordered to leave the place on account of his being a Jew by birth. An indorsement to this effect was made by the authorities on the back of his passport, which practically neutralizes the value of that paper in Russia in protecting him as an American citizen.

Mr. Wilczynski, states that he had not time when this occurred to apply for advice and assistance to the American legation, but has now addressed a letter to you and has requested me to forward his passport in order that, if you think proper, you may appeal to the proper authorities to have the order of expulsion rescinded, or, at any rate, inform him what rights, if any, American citizens of the Israelitish faith have in Russia.

He has taken out another passport at this legation in case he should have to return suddenly to Russia, and therefore I would request that his old passport would be returned to this legation when you shall have finished with it.

I would also consider it a great favor if you would inform me, in view of other cases of the same nature, what reply I can safely make.

I remain, &c.,

AND. D. WHITE.
[Inclosure 2 in No. 48.]

Mr. Foster to Mr. White.

My Dear Colleague: I am in receipt of your letter of the 15th instant, with which you inclose the passport of the American citizen Marx Wilczynski, with the indorsement of the police of St. Petersburg, forbidding him to reside here, and you inquire [Page 992] whether such order can he rescinded and what rights American citizens of the Israelitish faith have in Russia.

The laws of Russia impose certain disabilities upon all Jews, among which is the prohibition against residence in St. Petersburg and certain other localities. In the past few years this prohibition has been repeatedly enforced against American citizens of the Jewish faith, and acquiesced in by my predecessors. I was thoroughly convinced of the injustice of the prohibition, but did not feel warranted in reversing the precedent set by my predecessors, without first referring the Question to the Department. Secretary Evarts has instructed me in a recent case to protest against the expulsion of Jewish American citizens, and I have accordingly done so. I will repeat the protest whenever occasion requires, and endeavor to obtain relief for citizens of the United States; but whether the Russian Government will be influenced by my protest and endeavors remains to be seen.

In Mr. Wilczynski’s case I will send the minister of foreign affairs a note protesting against the action of the police authorities, and will ask that instructions be given to said authorities not to disturb him in his lawful pursuits in case he should return to this city.

It will not be safe, however, for Mr. Wilczynski to come to Russia until I shall have obtained an assurance from the minister that he can do so without interference on the part of the authorities. It may be some time before I can receive an answer from the minster, as the Emperor is now in the Crimea, and General Melikoff, to whose department the subject pertains, is also temporarily absent from this city. In case Mr. W.’s business affairs should make it urgent that he have an early reply, you will please to inform me, and I will then consider the propriety of calling in person at the foreign office and pressing an early solution of the matter.

The prohibition against Jewish residence in St. Petersburg was not strictly enforced until the late Nihilistic movement caused an order to be issued expelling all foreign Jews. I am satisfied that sooner or later the Russian Government must modify or repeal its illiberal laws respecting the Jews, and I will lose no proper opportunity to do what I can to hasten that event; but it is very doubtful whether it will consider the present an opportune time.

I am, &c.,

JOHN W. FOSTER.
[Inclosure 3 in No. 48.]

Mr. Foster to Baron Jormini.

Excellency: I beg to bring to your excellency’s attention the following facts, as they have been reported to me by the legation of the United States at Berlin.

Mr. Marx Wilczynski, a citizen of the United States, is the agent of an American mercantile firm, and as such has much business in Russia. On his last visit to this country he was granted a passport by the American legation at Berlin, with which he entered Russian territory, observing the proper requirements in regard to passports, and encountered no difficulty until he reached St. Petersburg, where he was not permitted by the police authorities to remain, for the reason that he was a Jew; and an indorsement to that effect was placed upon his passport. He states that when this order was served upon him he did not have time to apply to this legation for advice or assistance, and he has taken the first opportunity after his expulsion to resort to the nearest diplomatic representative for interposition in his behalf. The interests of the American mercantile firm which he represents require him to return to this country and this city. I inclose herewith the passport with which Mr. Wilczynski came to Russia, in order that your excellency may see the prohibitory order placed upon it by the police of this city. After due examination, I have to request that the passport may be returned to me.

It became my duty, in the note which I had the honor to address to your excellency on the 2d (14th) ultimo, in a case similar to the present one, to make known the views of my government in regard to the expulsion of one of its citizens simply for the reason that he was a Jew rather than a believer in any other creed; and I must again respectfully but solemnly protest against this new infringement upon the rights of American citizens, and of the comity which should exist between friendly nations.

Your excellency will not fail to notice that the action of the police authorities in the present case, as well as that of Mr. Pinkos, bears the grave aspect of an interference with the reciprocal liberty of commerce, which is guaranteed by solemn treaty stipulations, and the development of which is so ardently desired by both countries.

On account of this new instance, it is regarded as important that it should be made [Page 993] clear to your excellency’s government that, in the view of the Government of the United States, the religion professed by one of its citizens has no relation whatever to that citizen’s right to the protection of the United States; and that in the eye of my government an injury officially dealt to Mr. Wilczynski or Mr. Pinkos, in St. Petersburg, on the sole ground that they are Jews, presents the same aspect that an injury officially done to a subject of Russia in New York, for the reason that he attends any particular church there, would to the view of His Imperial Majesty’s government.

I have, therefore, respectfully to request that Mr. Wilczynski may be freely permitted to return to Russia to prosecute his business engagements, and that the police authorities of St. Petersburg be instructed not to molest him in his lawful pursuits. In view of the exigencies which may require his early return, I venture to express the hope that it may be found convenient to favor me with an early reply to this request.

It is very gratifying to me to have this opportunity to reassure your excellency of my highest esteem and profound consideration.

JOHN W. FOSTER.