No. 603.
Mr. Foster
to Mr. Evarts.
Legation of
the United States,
St.
Petersburg, October 20, 1880.
(Received Nov. 11.)
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of expulsion rescinded, and asks me to inform him what rights, if any,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.,
[Inclosure 1 in No. 48.]
Mr. White to Mr.
Foster.
Legation of the United States of America,
Berlin, October 15, 1880.
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.,
[Inclosure 2 in No. 48.]
Mr. Foster to Mr.
White.
Legation of the United States,
St. Petersburg, October 18,
1880.
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.,
[Inclosure 3 in No. 48.]
Mr. Foster to Baron
Jormini.
Legation of the United States,
St. Petersburg, October 7 (19),
1880.
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.
