No. 624.
Mr. Foster
to Mr. Blaine.
Legation of
the United States,
St.
Petersburg
,
July 14, 1881.
(Received July 30.)
No. 135.
Sir: After considerable delay I am at last enabled
to send you-herewith-an abstract or sketch of the laws of Russia relative to
foreign Jews. As I heretofore noted the laws on this subject are contained
in a voluminous mass of legislation, regulations, decisions of ministries,
&c., many of which conflict with each other, and it has been found very
difficult to know with accuracy what is the existing law applicable to a
particular ease. The accompanying abstract is believed to be * * * as full
as I can make it without the employment of an experienced native attorney,
and having in view some special or question.
As introductory to a notice of the inclosed abstract, it is proper to state
that from early times Jews were prohibited from coming to or settling in
Russia; but, by means of the conquest of Poland, the Crimea, and certain
other districts, a large number of Jews became incorporated as subjects of
the empire, and it was thus made necessary to so modify the ancient general
prohibition as to allow Israelites who had become Russian subjects by
annexation of territory to reside in the western and southwestern provinces
named in the inclosed abstract. And, up to the present, no other part of the
empire has been opened to Jewish Russian subjects for unrestricted
habitation, so that, as a rule, even Russian Jews are confined to the
provinces cited, and the ancient law prohibiting the entrance into Russia of
foreign Israelites is still in force, with the very limited exceptions cited
in the accompanying sketch. These exceptions may be briefly stated as
follows:
- I.
- Certain foreign Jews may come into the governments or provinces of
West and Southwest Russia named, to wit: 1st, rabbins invited by the
Russian Government to exercise their profession; 2d, manufacturers
with a capital of 15,000 rubles, by special arrangement; and, 3d,
artisans brought by said manufacturers upon certain specific
conditions.
- II.
- All other parts of Russia are closed to foreign Israelites, with
the limited exceptions of, 1st, the agents of large commercial
houses abroad, who are permitted to visit, for a limited period, the
great commercial and manufacturing centers of Russia, upon their
petition to that effect, presented to the department of the
interior, being granted; and, 2d, well-known bankers and chiefs of
large commercial houses or enterprises coining to Russia to purchase
and export native products may be admitted as merchants of the first
guild, as the result of a special joint understanding with the
ministers of the interior, of finance, and of foreign affairs; but,
even after being admitted as members of the merchants’ guild, they
have only specified and restricted privileges.
It will thus be seen that Jewish citizens of the United States are virtually
excluded from Russia, as few, if any, of them would be willing to comply
with the requirements necessary for their admission under Russian laws. This
code of Jewish regulations, of which some idea may be formed from the
inclosed sketch, will appear somewhat curious and antiquated in our country
of unrestricted commercial intercourse, and especially the limitations, not
only of a business, but even of a domestic character, which are thrown
around the Jewish bankers and merchants (to use the language of the law)
“known for their high social position and large operations and commercial
enterprises.”
I also transmit herewith a memorandum showing the provisions bearing [Page 1023] upon the question of the
treaties of commerce existing between Russia and Great Britain, Austria, and
France.
The other European nations have treaties similar to that of Great Britain,
with the exception of Germany, which, singularly enough, has no treaty of
commerce with Russia. A comparison with the treaty of commerce which the
United States has with Russia will show that the only material variance is
in the last paragraph of Article I of the British treaty (and a similar
provision is found in the treaties of most of the European nations with
Russia), wherein it is more explicitly provided than in the treaty with the
United States that the privileges therein granted “in no wise affect the
laws, decrees, and special regulations regarding commerce, industry, and
police in vigor in each of the two countries.” The Austrian treaty is still
more precise in adding to the foregoing reservation a recognition “that the
restrictions established in the states of one of the high contracting
parties shall be equally applicable to the subjects of the other belonging to the same confession.” It may, therefore,
be concluded that our treaty is fully as favorable to our citizens as that
of any other nation with Russia.
As the case of the British subject Lewisohn, now pending and the occasion of
some inquiry in Parliament, has been heretofore referred to, I inclose a
statement of facts relating thereto, which is doubtless substantially
correct. It may be noted that while Lewisohn was refused permission to
revisit St. Petersburg, the American citizen, Mr. Wilczynski, who was
expelled about the same time, was, upon application of this legation, given
permission to return.
I am, &c.,
[Inclosure 1 in No. 135.]
sketch of the laws of russia relative to foreign
jews.
Israelites in general are in Russia subject to a special legislation.
There is found in the code of laws a series of provisions in the proper
place, spread over many different chapters, and divers published
regulations on commerce, industry, and the trades devoting to them
special clauses.
Foreign Israelites do not escape this legislation, which defines the laws
applied to them relative to their admission into the territory of the
empire and to their sojourn in Russia.
The localities the limits of which are accorded to Israelites, subjects
of the Empire, in order to sojourn in a permanent manner, are as
follows:
The governments (or provinces) of Bessarabia, Vilua, Vitebsk, Volhynia,
Grodno, Ekaterinoslaf, Taurida, Kershow, Tchernigof, Kowno, Minsk,
Mohilef, Poltava, Podolia, and Kief, with the exception of the city of
Kief, but upon the observance of the following rules: In the governments
of Vitebsk and Mohilef the Israelites have the right to reside in the
inhabited localities, in virtue of proper tickets of sojourn which are
given to them for this purpose, without, nevertheless, having the right
to definitely establish themselves there in the quality of fixed
inhabitants. With respect to the city of Nicolaief, they have the right
to choose a domicile there and to acquire real estate, in conformity to
the special provisions of the regulations in commerce. 2d. Regarding the
western governments adjoining the frontier and Bessarabia, the
Israelites are not authorized to establish themselves within a distance
of 50 versts from the frontier of the state. Along the western frontier
of the state the Israelites guilty of contraband are, in addition to the
other penalties, condemned to vacate the above-cited limits. (See
articles 16 and 23 of the regulations on passports, sequel to the Code
of Laws, ed. of 1876.)
A general statute law that foreign Israelites are not authorized to
immigrate to Russia, nor to receive Russian naturalization. (See article
992 of the regulations on social conditions, Code of Laws, vol. ix, ed.
1876.)
Nevertheless, article 530 of the regulations on passports (Code of Laws,
ed. 1857), in admitting certain exceptions to the preceding law,
particularizes who are those among foreign Israelites who are authorized
to establish themselves within the limits of the localities where the
right of domicile is accorded to all Jews in general.
- 1.
- Those whom the imperial government invites to come to Russia to
exercise the functions of rabbins.
- 2.
- Those who come to Russia with the object of creating manufactories
and workshops (with the exception of distillers), and who can show a
capital for this purpose of at least 15,000 roubles. The individuals
at their entry into Russia must engage, in writing, to create said
establishments within a period of three years. In case where they
shall be found not to have complied with the terms of their
engagement they shall be expelled from the empire. On the contrary,
in case they shall have fulfilled it, they should have the right to
become Russian subjects and shall select a legal status.
Artisans called to Russia by the Israelite manufacturers to engage in
manufacturing labor in their factories. These artisans shall not be
permitted to enter Russia except upon presentation (a) of a passport in order, (2) of a certificate from the
imperial legation or consulate of Russia certifying to their condition,
the character of their former occupations, the trade which they follow,
and showing that they have really been called to Russia, by whom, and
with what object. After a sojourn of five years in the factories, and
upon presentation of a certificate from their employers and the local
authorities attesting their skill and their irreproachable conduct, they
shall be permitted to establish themselves permanently in the localities
of domicile acquired for Israelites and to become Russian subjects.
Foreign Israelites, arriving in the localities where the fixed sojourn is
authorized for all Israelites in general, shall be put into possession
of passports, in which it shall be stated that they are only of value
within the limits of the localities above mentioned. (See article 8 and
annexes to article 486, remark 2, of the regulations on passports,
sequel to Code of Laws, ed. 1876.)
The local authorities are required to watch rigorous that foreign
Israelites do not reside under the name of Christians in the localities
where their sojourn is prohibited. The individuals discovered to be in
this situation will be immediately expelled from Russia. (See article
531 of the regulations on passports, &c.)
Foreign Israelites, and especially those who are agents of large
commercial, houses abroad, are permitted to visit the great commercial
and manufacturing centres of Russia, and to reside there a period of
time, the fixing of which is submitted to the judgment of the proper
authority.
It pertains to the department of the interior to definitely decide on the
petitions presented for this object by the said Israelites.
Nevertheless, the imperial legations and consulates may, without
previous authorization of the department of the interior, deliver to
bankers and chiefs of important commercial houses abroad passports to
enter Russia and vise” these passports, reserving notification to the
department of the interior of the delivery or visè of passport to each
one of the said individuals. (See article 2 of the annexes to article
486 of the regulations on passports &c.)
Israelites, foreign subjects, known for their social position and large
operations or commercial enterprises, are permitted as the result of a
special understanding in each case between the minister of finance, of
the interior, and of foreign affairs to establish a business within the
limits of the empire, and to open banking offices by providing
themselves, nevertheless, with certificates of merchants of the first
guild. They are likewise authorized to establish manufactories, acquire
and lease real estate freely upon the basis of the provisions decreed by
the regulations on social conditions.
Foreign Israelites, whose high social position and commercial operations
are of public notoriety, and who come to Russia with the object of
purchasing products of the empire and exporting them abroad, can also,
as the result of a special understanding in each case between the
ministers of finance, of the interior, and of foreign affairs, obtain
certificates of merchants of the first guild. (See part 5 of the remark
to the third annex to article 128 of the regulations on commerce, ed.
1876, with a complement: Decision of the committee of ministers,
December 26, 1877.)
Israelites, who may acquire by inheritance real estate situate beyond the
localities where their sojourn is authorized, are required to sell it
within a period of six months. This law applies also to foreign
Israelites who may acquire real estate in Russia by right of
inheritance. (See article 960 of the regulations in social conditions,
Code of Laws, ed. 1876.)
The following provisions having been decreed for the Israelite subjects
of the empire shall be applicable to foreign Israelite subjects in so
far only as the latter are found to have satisfied the requirements of
the above-cited laws.
Merchants of the first guild inscribed upon the general basis in the
first guild of the cities may go there with the members of their
families whose names are found upon the guild certificates.
Israelite merchants, who, in virtue of the preceding provisions, remove
to the cities of the empire situated beyond the limits of the localities
of their authorized domicile, are permitted to bring with them clerks
and servants, likewise Israelites, in a limited number, and by Observing
the following rules: 1st. Israelite merchants who remove to one of the
two capitals, St. Petersburg or Moscow, are required to state, in a
special petition presented by them to the governors-general or the
prefect of the place, the number of clerks or servants which they judge
indispensable to bring with them to [Page 1025] said capitals, and upon what considerations this
number is based. The granting of these petitions is left to the judgment
of the governors-general and prefects above cited. 2d. Israelite
merchants, who are inscribed in the guilds of other cities, are
authorized to bring with them, at the most, one clerk, or one office
boy, and four servants of the two sexes of their race per family of
Israelite merchant. (See annex 3 to article 128 of the regulations on
commerce, sequel to the Code of Laws, ed. 1876.)
Israelite merchants of the first guild, besides the general rights of
commerce which belong to them within the limits of the localities of
their authorized sojourn, enjoy the following special rights:
- 1st.
- They have the right to bring in “bulk from the capitals and
ports, in order to effect sales within the limits of the
authorized district, all kinds of merchandise through the medium
of commercial offices and local merchants or by
correspondence.
- 2d.
- They are permitted to visit twice a year the capitals and
other cities for the purpose of making sales there of
merchandise, on condition that the period of their sojourn does
not exceed six months per year. In case there shall be an
impediment or impossibility on account of sickness or other
cause to their going in person for the above-mentioned object to
the interior of the empire, they will be authorized to send in
their stead clerks provided with the proper authorization,
always computing the period cited. An Israelite clerk who has
already visited the provinces twice in one year by virtue of an
authorization of a merchant cannot go there a third time in the
course of the same year. It shall be the same if, having gone to
said provinces once for one merchant, he held the authorization
of another merchant. He shall, in this case, not be authorized
to make more than a single journey in the course of this same
year.
- 3d.
- Israelite merchants of the first guild are authorized to
undertake enterprises in the government of the interior, but on
condition that they do not employ in any case Israelites as
agents or superintendents.
- 4th.
- Israelite merchants of the first guild are permitted to carry
on in the capitals and the ports wholesale trade in the products
of authorized governments by means of Christian clerks or of
merchants of the place or by direct correspondence with the
manufacturers. But they are forbidden to make sale in person of
said products in the capitals or ports of the empire, or to open
shops, under penalty of immediate expulsion and the confiscation
of the merchandise.
- 5th.
- They shall not be authorized, neither personally nor even by
means of Christian agents, to sell merchandise which they may
have imported from abroad outside of the limits of the
governments of their authorized fixed sojourn. (See article 130
of the regulations on commerce, sequel to the Code of Laws, ed.
1876.)
[Inclosure 2 in No. 135.]
memorandum of treaties of commerce with
russia.
Treaty between Great Britain and
Russia.
[Extracts.]
Art. I. There shall be between all the
dominions and possessions of the two high contracting parties reciprocal
freedom of commerce and navigation. The subjects of each of the two high
contracting parties, respectively, shall have liberty freely and
securely to come with their ships and cargoes to all places, ports, and
rivers in the dominions and possessions of the other, enjoy the same
rights, privileges, liberties, favors, immunities, and exemptions in
matters of commerce and navigation which are or may be enjoyed by native
subjects generally.
It is understood, however, that the preceding stipulations in no wise
affect the laws, decrees, and special regulations regarding commerce,
industry, and police in rigor in each of the two countries, and
generally applicable to all foreigners.
Art. XI. The subjects of each of the two high
contracting parties by observing the laws of the country shall have—
- (1.)
- Full liberty with their families to enter, travel, or sojourn
in all parts of the states and posessions of the other
contracting party;
- (2.)
- They shall have the power in the towns and ports to rent or
own the houses, warehouses, shops, and lands which they shall
need;
- (3.)
- They shall carry on their business either in person or by
means of agents of their own choice; finally,
- (4.)
- They shall not be subject, for their persons and property, nor
for their passports, permits of sojourn or establishment, nor on
account of their business or industry, to taxes, whether general
or local, nor to imposts or obligations of whatsoever nature,
other or more onerous than those which are or may be fixed for
natives.
The treaty of commerce between France and Russia, 1874, is almost
identical in language with the foregoing articles of the English
treaty.
[Page 1026]
The treaty of commerce between Austria-Hungary and Russia, 1860, contains
similar provisions, using in most instances the same language.
Article XIII of the Austrian treaty contains the exact text of Article
XI, above quoted, of the British treaty, and there is added the
following paragraph:
“It is understood that the restrictions established in the states of one
of the high contracting parties shall be equally applicable to the
subjects of the other belonging to the same confession.”
No treaty of commerce exists between the German Empire and Russia.
[Inclosure 3 in No. 135.
—From the London Times,
May 23,
1881
.]
the case of mr. lewisohn
Mr. Leon Lewisohn, a native of Hamburg, but a naturalized Englishman,
carries on business as a merchant in London. In August, 1880, having
occasion to visit Russia for the purposes of his trade, he provided
himself with a passport, signed by Lord Granville and fortified with the
visa of the Russian consul in London. He
proceeded to the fair at Nijni Novgorod, and, after a stay of three
weeks, went on to St. Petersburg, where he took up his residence at one
of the principal hotels. On sending his passport to the proper
department (bureau des étrangers) for
examination, he was required to appear personally there, for the reason,
as he states, that his name appeared to indicate a Hebrew origin. He
duly attended, and was taken before the chief of the department, who
merely asked him: “Are you a Jew?” On receiving a reply in the
affirmative, the Russian functionary informed Mr. Lewisohn that he could
not be permitted to remain in St. Petersburg, but must leave for the
frontier within twenty-four hours. An order was indorsed on his passport
to the effect that “the bearer of this passport, the British subject
Leon Lewisohn, a Jew, is forbidden to stay in St. Petersburg,” and
instructions in conformity with the order were given to the police. Mr.
Lewisohn applied for assistance to the English embassy, but appears to
have seen no one in authority. He did not obtain the help he sought, and
he left the Russian capital the next day (September 23). Mr. Lewisohn
states that he suffered pecuniary loss from the expulsion.
On returning to London, Mr. Lewisohn made a statement of his case to the
foreign office. Lord Granville immediately communicated with our
ambassador at St. Petersburg, and Sir Julian Pauncefote was instructed
to inform Mr. Lewisohn that the notice which he had received to quit
Russia appeared to have been in accordance with Russian law. Mr.
Lewisohn having further told Lord Granville that his business
requirements would in a short time render it again desirable for him to
visit Russia, and having asked whether protection would be afforded him
for that purpose by her Majesty’s government, Lord Granville requested
Lord Dufferin by telegraph to ascertain whether there would be any
objection to Mr. Lewisohn’s returning to Russia. A delay of three weeks
supervened, and Lord Granville telegraphed again, and learned, in reply,
that Lord Dufferin had not yet received any answer from the Russian
Government to several inquiries he had made on the subject. Ultimately,
after a correspondence extending over four or five months, Mr. Lewisohn
received (on April 2, 1881) a letter from the foreign office which
informed him of the definite refusal of the Russian Government to permit
him to return to St. Petersburg.
