Mr. Peirce to Mr.
Olney.
Legation of the United States,
St. Petersburg, December 5,
1896. (Received Dec. 21.)
No. 451.]
Sir: I have the honor to inclose copies of
recent correspondence in regard to John Ginzberg, from which it will be
seen that he has been convicted of the charge brought against him and
condemned to deprivation of civil rights and to banishment from the
Empire.
It appears that what Mr. Ginzberg himself wants is to leave Russia and to
return to the United States, but it now becomes a question of how he is
to be transported there. The penalty for remaining in Russia beyond a
limited time after the sentence is like that of return after
banishment—deportation to Siberia. The officials at the foreign office
have given me a verbal assurance that the case shall remain in statu quo
for six weeks pending advices from the Department. If the means can be
furnished he can travel to the frontier in such way as he sees fit,
except that his route must be determined beforehand, with the consent of
the Imperial Government. If his friends can not furnish the money for a
more comfortable means of making the journey he can be marched to the
frontier by “étape” in the usual manner for criminals. But it will be
necessary to furnish means to pass him through Germany so that he will
not be prevented by the regulations of the German Government regarding
paupers from crossing the frontier.
[Page 512]
All Ginzberg’s letters to this legation indicate that he is destitute of
the means to pay for his journey to the United States.
Awaiting your instructions, I am, etc.,
Herbert H. D. Peirce,
Chargé d’Affaires ad
interim.
[Inclosure 1 in No.
451.]
Mr. Ginzberg to
Mr. Breckinridge.
Province of Minsk, Pinsk
District,
October 22,
1896.
Good Master and Gentleman: Upon my soul I
can not understand the Russian ways how they do justice. I can tell
that the arrest is lying on me more than two years’ time.
And behold my case was finished on the 6th of September, 1896, and
still they are keeping me now in such a little town—Loguishin,
Russia—where no employment can be for such a man like I am. Now, I
pray you, beloved master, show kindness to me and pity me, for I am
a true man for the United States of America, and ask, please, the
judges of Russia, let them send me my American papers quick as it is
possible, because I have now a place for employment in the United
States in the city of New York. There is a girl waiting for me; she
would like to get married for me; and I have promised her that I
will be her bridegroom. Therefore, beloved master, I pray you finish
my case and send me out from Russia the same way like the Minsk
judges are willing to do it.
Yours, etc.,
[Inclosure 2 in No.
451.—Translation.]
Mr. Chichkine
to Mr. Peirce.
Imperial Ministry of Foreign Affairs,
Department of
Internal Relations,
St.
Petersburg, November 20/Dec. 2,
1896.
Mr. Chargé d’Affaires: Referring to the
note of the legation of the United States under date of September 25
last, I have the honor to transmit to you herewith a copy of the
sentence of the Minsk district court relating to the case of Simon
(alias John) Ginzberg.
As it appears from the said document, Ginzberg is, in virtue of
article 325 of the Penal Code, condemned to the deprivation of all
civil rights and to perpetual banishment from the Empire.
In communicating to you the foregoing, please, Mr. Chargé d’Affaires,
accept, etc.,
[Subinclosure.—Translation.]
September 9, 1896, in the presence of the assistant attorney, N. K.
Gavriloff, and the assistant secretary, A. P. Kozitch, the following
sentence was returned, based upon §§ 829–834 and 842 of the statutes
of the criminal court, by the member of the court, A. A.,
Prostomolotoff.
[Page 513]
sentence.
6th day of September,
1896.
By oukase of His Imperial Majesty, in the criminal department of the
district court of Minsk, represented as follows: President, J. V.
Mouchketoff; members of the court, X. F. Solovievitch, A. A.
Protomolotoff, with the assistance of the secretary, E. F.
Loponchansky, and in the presence of Mr. Assistant Attorney N. K.
Gavriloff, with the participation of a sworn jury, the case of Simon
Jankel Ginzberg, aged 29 years, was heard, recognized guilty (but
deserving leniency) in that, being a Russian subject, he left his
native land and went to America, and on the 10th of August, 1886,
became, without permission of the Government, a naturalized citizen
of the United States of America, and that in the autumn of 1894 he
voluntarily returned to Russia. Referring to the decree of laws
governing the above verdict the sworn jury of the district court
found that the action of which Ginzberg is found guilty (according
to collection of laws of the governing senate of 1878 under No. 21),
by his own admission, of the crime defined in § 325, part 1st of the
penal code, and entailing with it for the person found guilty the
deprivation of all civil rights and perpetual banishment from the
Empire, which sentence is pronounced upon Ginzberg. The cost of the
present case, according to §§ 976–999 of the statutes of criminal
courts, to be paid by Ginzberg and in case of his inability to pay,
said costs to be borne by the Crown. Documents referring to the
identification of Ginzberg now in the possession of the court to be
returned to him.
In conformity with the above and with § 776 of the statutes governing
criminal courts, the district court declares, according to the
decision of the sworn jury, that the commoner of Little Laguishin,
district of Pinsk, Simon Jankel Ginzberg, aged 29 years, based upon
§ 325, part 1st, of the Penal Code, is deprived of all civil rights
and is sentenced to perpetual banishment from the limits of the
Russian Empire; the costs of the trial to be paid by Ginzberg, and
in case of his inability to pay, said costs to be defrayed by the
Crown, the documents relative to the identification of Ginzber, now
held by the court, issued to Ginzberg by the Government of the
United States to be returned to Ginzberg as belonging to him.
The original bears the proper signatures.
True copy of the original.
[Signature illegible.]
Acting Secretary of
the District Court of Minsk.
Countersigned:
A. Lavrovitch, Assistant
Secretary.
