Mr. Peirce to Mr.
Olney.
Legation of the United States,
St. Petersburg, October 10,
1895. (Received Oct. 25.)
No. 151.]
Sir: I have the honor to submit herewith copies
of documents in the case of one Anton Yablkowski, who appears to be
under arrest in Warsaw awaiting trial under the criminal code for
becoming a naturalized American citizen without first obtaining the
consent of the Imperial Government.
The legation’s first knowledge of this case was received from the letter
of the consul at Warsaw of September 11, marked 1 in the inclosures, [Page 1097] in which the minister was
informed that the consul had been summoned to testify as to whether such
a passport as that taken from Yablkowski is issued by the Department of
State to a native or to a naturalized American citizen. A copy of the
reply of the minister, September 17 (marked 2), is inclosed. On
September 24 the consul wrote informing the legation that Yablkowski was
under detention, copy (marked 3) inclosed. To this letter the minister
replied September 28 (inclosure 4), and on the same date addressed a
note to the foreign office (inclosure 5) asking to be informed as to the
cause of detention.
On October 4 a note was received from Mr. Chichkine, copy and translation
(marked 6) inclosed, informing the legation that Yablkowski was arrested
and was to be tried for becoming a “naturalized foreign subject without
previous permission from his Government.”
Believing that the question of whether the man had secured a proper visa
from competent Russian authority upon his passport before entering the
Empire had an important bearing on the case, I communicated with the
consul at Warsaw by telegraph on October 5, confirming by letter
(inclosure 7), and later, on the 7th and 10th, inquiring upon this
point. Copies of these telegrams in the order sent and received are
given on sheet marked “Inclosure 8.”
Meantime the letter of October 4 of the consul was received (inclosure
9), corroborating the information received from the foreign office.
Copies of the consul’s letters, three in number, and one of mine to him
confirming telegrams and explaining a mistake in transmission are
inclosed (marked 10,11, and 12) to complete the files.
In the absence of instructions, I felt it to be more prudent to make a
protest against the continuance of these proceedings based simply upon
the principles of international law as laid down by Vatel, Book II,
Chapter VIII, sections 100 to 104, inclusive, and by other authorities.
I hesitated to touch upon the stipulations of our treaty with Russia of
1832, Article X, far as this action seems to be from the spirit of that
compact, lest it should be claimed that this case came within the
limitations covered by the closing sentence of that article. I shall
forward Mr. Chichkine’s reply to my note of this date (inclosure 14) as
soon as received, for instruction.
I believe I have not gone too far in claiming for this man immunity from
prosecution upon this charge, in view of the sentiments expressed in
your No. 79, of June 15, regarding the case of John Ginzberg, and the
very clear enunciation of the principles governing the international law
regarding protection to be accorded foreigners given in the eminent
authority cited, from which I quote as follows:
The sovereign ought not to grant an entrance into his State for
the purpose of drawing foreigners into a snare. As soon as he
admits them he engages to protect them as his own subjects, and
to afford them perfect security, as far as depends on him.
If the sovereign annexes any particular condition to the
permission to enter his territory he ought to take measures to
make foreigners acquainted with it when they present themselves
on the frontier.
Submitting all the correspondence in this case for your approval,
I have, etc.
Herbert H. D. Peirce,
Chargé d’Affaires ad interim.
[Page 1098]
[Inclosure 1 in No.
151.]
Mr. Rawicz to Mr.
Breckinridge.
Consulate of the United States,
Warsaw, September 11, 1895.
No. 1522, M. C.]
Sir: To-day I have been summoned to the
examining magistrate of the seventh district of this city, where was
presented a United States passport, No. 18144, issued to a United
States citizen, Anton Yablkowski, on the 7th of December, 1894, and
the following question was given: “Is a document like this issued to
a United States citizen born in the the United States, or specially
to one naturalized there?” The answer on the part of this consulate
was given as follows: “This is a United States passport, a document
issued by the Secretary of State at Washington to a citizen of the
United States, whether he be born in the United States or only a
naturalized citizen of the States.”
Not being informed of the reason why said United States document is
in the possession of the court, I beg to communicate the fact to
your excellency for your consideration.
Your obedient servant,
Joseph Rawicz,
United States Consul.
[Inclosure 2 in No.
151.]
Mr. Breckinridge
to Mr. Rawicz.
Legation of the United States,
St. Petersburg, September 17, 1895.
Sir: I am in receipt of your letter, No.
1522, dated September 11, informing me of your being interrogated by
an examining magistrate as to the character of a United States
passport. Your reply appears to be strictly correct.
The passport, No. 18144, dated December 7, 1894, held by Anton
Yablkowski, and presumably issued by the Secretary of State, may be
before the magistrate in a civil or in a criminal case; it does not
appear which. Make inquiries upon this point, and if the citizen is
accused and in trouble, let me know.
I am, sir, etc.,
[Inclosure 3 in No.
151.]
Mr. Rawicz to Mr.
Breckinridge.
Consulate of the United States,
Warsaw, September 24, 1895.
No. 1528, M. C]
Sir: In answer to your letter of the 17th
instant, I beg to communicate that I have ascertained in the court
here that the United States citizen Anton Yablkowski, the bearer of
a United States passport, No. 18144, is detained in the city of
Nieszawa, in the county of same name, in the government of Warsaw,
where, accordingly, I have sent the inquiry, and the answer received
from there shall be communicated to you immediately.
Your obedient servant,
Joseph Rawicz,
United States Consul.
[Page 1099]
[Inclosure 4 in No.
151.]
Mr. Breckinridge
to Mr. Rawicz.
Legation of the United States,
St. Petersburg, September 28, 1895.
Sir: I am in receipt of your No. 1528. M.
C., of the 24th instant, stating that you have made inquiry about
Anton Yablkowski, a citizen of the United States, detained in the
city of Nieszawa, referred to in your letter of September 11, and
that you will report the result of your inquiries as soon as
ascertained. I address an inquiry to the foreign office and also
await your further advices as indicated.
I am, etc.,
[Inclosure 5 in No.
151.]
Mr. Breckinridge
to Mr. Chichkine.
Legation of the United States,
St. Petersburg, September 16/28, 1895.
Your Excellency: I was recently informed by
the United States consul at Warsaw that inquiry had been made of him
by a local official in regard to the character of a United States
passport, No. 18144, dated December 7, 1894, presumably issued by
the Department of State at Washington and in favor of Anton
Yablkowski. I am now informed that said Anton Yablkowski is detained
at the city of Nieszawa, county of Nieszawa, government of Warsaw.
The purpose of this note is to request your excellency to have
inquiry made promptly into the cause of this detention of the said
Yablkowski and to ask that you kindly communicate the result of the
inquiry to me. I would also ask that I be informed of what further
steps, if any, the authorities propose to take against Mr.
Yablkowski.
I avail myself, etc.,
[Inclosure 6 in No.
151.—Translation.]
Mr. Chichkine to
Mr. Breckinridge.
Department of Internal Belations,
Imperial Ministry
of Foreign Affairs,
St.
Petersburg, September 22/October 4,
1895.
No. 7924.]
Mr. Minister: I have not failed to
communicate the contents of your note of September 16/28 regarding
the man Anton Yablkowski to the governor-general of Warsaw.
Having received an answer relative to it, I hasten to inform you that
the inquiries made regarding that person, in the presence of the
United States consul at Warsaw, by the authorities of that place
have been without doubt moved by the judicial examination commenced
against Yablkowski, according to article 325 of the Penal Code, and
which will [Page 1100] probably be
followed by his trial, as accused of being a naturalized foreign
subject without previous permission of his Government.
Will you accept, Mr. Minister, etc.,
[Inclosure 7 in No.
151.]
Mr. Peirce to Mr.
Rawicz.
Legation of the United States,
St. Petersburg, October 5, 1895.
Sir: I have telegraphed you to-day as
follows: “Was Yablkowski’s passport viséed to enter Russia?”
If it is possible for you to obtain this information you will please
do so with as little delay as possible, informing me also, if you
can, by what Russian consul or other officer such visé was affixed
to his passport.
I am, etc.,
Herbert H. D. Peirce,
Chargé d’Affaires.
[Inclosure 8 in No.
151.—Telegrams.]
Telegram sent consul at Warsaw October 5:
Was Yablkowski’s passport viséed to enter Russia?
Peirce, Chargé.
Telegram received from Warsaw October 6:
Yablkowski particulars in my yesterday letter.
Rawicz, Consul.
Telegram sent consul at Warsaw October 7:
Letter received. Reply to question asked. Was passport viséed?
Peirce, Chargé.
Telegram received from Warsaw October 10:
Yablkowski’s passport viséed Danzig, January 7.
Rawicz, Consul.
Telegram sent October 10 to consul at Warsaw:
Was Yablkowski’s passport viséed to enter Russia, and by whom? Answer
quick.
Peirce, Chargé.
Telegram received October 10:
Wired yesterday. Yablkowski’s passport viséed Danzig, Prussia, to
enter Russia.
[Inclosure 9 in No.
151.]
Mr. Rawicz to Mr.
Breckinridge.
Consulate of the United States,
Warsaw, October 4, 1895.
No. 1536, M. C.]
Sir: Referring to yours of the 28th ultimo
concerning Anton Yablkowski, a citizen of the United States, I have
the honor to communicate [Page 1101]
to you, here inclosed, a copy of the official letter sent to me by
the judge in whose hands said Yablkowski’s United States passport is
at present deposited.
The above-mentioned official claims that Yablkowski is a subject of
this Government, and as such is liable to be punished according to
paragraph 325 of the Code of Criminal Law, and therefore he is at
present in the prison at the city of Nieszawa, which is located in
my consular district.
I am, etc.,
[Subinclosure to inclosure
9.—Translation.]
Examining Magistrate to
Mr. Rawicz.
Examining Magistrate of the Warsaw Court of Justice,
Ministry of Justice,
Nieszawa
District, September 20,
1895.
No. 1632.]
To the Consul of the United States of America, N.
D. 83–95:
In reply to your dispatch of September 2, No. 1530,1 have the honor
to inform you that Anton Yablkowski had to deliver to the police his
passport given to him at Washington, December 7, 1894, No. 18144,
because Anton Yablkowski is a Russian subject, incorporated to the
village Palaevo St rave, Rushkaw gnun (?), of the Nieszawa district;
and, on the strength of his having passed over to a foreign
subjection, the said Anton Yablkowski will be tried according to
article 325 of the Code of Laws.
[Inclosure 10 in No.
151.]
Mr. Peirce to Mr.
Rawicz.
Legation of the United States,
St. Petersburg, October 7, 1895.
Sir: Your letter of October 4, inclosing
document showing that Yablkowski, whose case I had telegraphed you
about, was arrested and indicted for becoming a citizen of a foreign
State without previous consent of the Imperial Government, was duly
received.
This does not give me the information I sought in my telegram to you.
I have therefore telegraphed you again as follows: “Letter received.
Reply to question asked. Was passport viséed?” Please give me this
information, if obtainable, without delay.
I am, etc.,
Herbert H. D. Peiroe,
Chargé d’Affaires.
[Inclosure 11 in No.
151.]
Mr. Rawicz to Mr.
Peirce.
Consulate of the United States,
Warsaw, October 8, 1895.
No. 1539, M. C.]
Sir: On the 5th instant, evening, I
received your telegram: “Was Yablkowski’s passport viséed to enter
Russia?” Immediately I sent the answer: “Yablkowski’s particulars in
my yesterday’s letter.” Yesterday I received your telegram: “Letter
received. Reply to question. Was passport viséed?”
Not being prepared to answer the question directly, I have forwarded
this morning a telegram to the judge at the city of Nieszawa, where
Yablkowski is imprisoned, of the following tenor: “Answer paid. Was
Yablkowski’s passport viséed on the frontier?”
[Page 1102]
After receipt of the answer to the above dispatch, I shall wire it to
you immediately.
Your obedient servant,
Joseph Rawicz,
United States Consul.
[Inclosure 12 in No.
151.]
Mr. Rawicz to Mr.
Peirce.
Consulate of the United States,
Warsaw, October 9, 1895.
No. 1542.]
Sir: Just after mailing my to-day’s
correspondence to you in re Yablkowski, I received a telegram from
Meszawa: (Translated) “Viséed at Danzig, January 7.” Accordingly I
have wired to you: “Yablkowski’s passport viséed Danzig, January
7.”
I am, etc.,
Joseph Rawicz,
United States Consul.
[Inclosure 13 in No.
151.]
Mr. Rawicz to Mr.
Peirce.
Consulate of the United States,
Warsaw, October 9, 1895.
Sir: Your two letters of the 5th instant
received to-day.
In answer to the one concerning the telegram in re Yablkowski, dated
5th instant, I have to inform you that comparing it with your letter
it appears that a mistake was made in the telegraphic office, where
word “viséed” was given to me in the dispatch as “used,” and that
was the reason why my telegraphic answer was not correct.
I am awaiting the answer from the judge of Nieszawa to the telegram
mentioned in my yesterday’s letter, and after receipt I shall report
to you immediately.
In re Samuel Cinger I have no further communications from our consul
at Odessa.
I am, sir, etc.,
Joseph Rawicz,
United States Consul.
[Inclosure 14 in No.
151.]
Mr. Peirce to Mr.
Chichkine.
Legation of the United States,
St. Petersburg, Sept. 28/Oct. 10, 1895.
Your Excellency: I have the honor to
acknowledge the receipt of your note of September 22/October 4,
informing this legation, in reply to its inquiry of September 16/28
regarding Anton Yablkowski, that this man has been arrested and is
to be tried for becoming a naturalized American citizen as a penal
offense.
The United States consul has also been officially informed by the
examining magistrate having jurisdiction in the case that such is
the charge against this man, and that the passport issued to him by
the Department of State of the United States has been taken away [Page 1103] from him. The charge
above recited, appears to be the only one brought against him.
My Government can not be expected to acquiesce in the proposition of
treating as a crime the act of becoming, lawfully and within its own
jurisdiction, one of its citizens.
I would point out to your excellency that the passport issued to this
man by the Department of State of the United States was duly viséed
by the Russian consul at Danzig, who by that act officially
recognized its validity, and authorized the entry of the man, as a
citizen of the United States, upon Russian territory. And it does
not appear that he was in any way warned that he would be arrested
upon any such charge or in any way molested upon entering Russia, or
that any condition other than the observance of the laws of the
Empire after entering it was attached to the permission.
I submit, therefore, that this man has been granted unconditional
permission to enter the Empire as an American citizen by the
official act of a duly qualified officer of the Imperial Government,
and that the continuance of proceedings against him, upon a criminal
indictment, for the act of becoming a citizen of the United States,
would hardly be in accordance with the laws of nations as defined by
the most eminent authorities.
I respectfully ask, in view of the foregoing, that your excellency
direct that such steps may be taken that this charge against Anton
Yablkowski may be dismissed and he be released from durance, and his
United States passport be returned to him. I would further ask of
your excellency, for the information of my Government, a copy of
article 325 of the Penal Code, cited in your note of September
22/October 4.
I avail myself of this occasion, etc.
Herbert H. D. Peirce,
Chargé d’Affaires ad interim.
