Mr. Breckinridge to Mr. Olney.

No. 376.]

Sir: In the case of Hugo Sundel, a former, though seemingly not at present, naturalized American citizen, now undergoing judicial proceedings at Moscow, I have the honor to inclose the following papers: Translations of two requests for information from the procurator at Moscow district court, sixth division, dated, respectively, July 6 and August 15; copy of my letter of July 20 to our consul at Moscow; copy copy of his letter of July 24 to me, and copy of my reply to the procurator.

It seems that Hugo Sundel, formerly known as Hugo Sundolovitch, is, according to his testimony as reported by the consul, a native of Russian Poland; that he emigrated to the United States without Imperial consent between 1869 and 1872, after which, in due time, he acquired a certificate as a naturalized citizen at Warren, Pa.; that he has been located in Moscow for the last nineteen or twenty years, had his passport renewed by this legation in 1882; that further renewal was refused because he was unable to produce his certificate of naturalization, it, he states, having been stolen, and that he now proposes to become a Russian subject.

A search of the records of the legation shows that passport No. 304 was issued to him here August 25, 1882, on evidence of passport of the State Department of September, 1876. No other data is revealed.

The procurator does not state the charge against Sundel, but the nature of the inquiry concerning the evidence upon which a United States passport was issued to the accused indicates that it relates to the question of expatriation. Sundel has made no application to the legation. The consul states that he is charged with procuring a Russian passport upon an expired United States passport, and with having emigrated without consent.

The penalty of the first charge I do not know. That of the second is deprivation of all civil rights. In case of citizenship being acquired without consent, and the subsequent return of a subject, there is involved also, as is well known, banishment to Siberia for life.

The course I should pursue in this case was not readily clear to me. The right of the court to ask me for evidence upon which a United States passport is issued is not as obvious to me as my right to intervene in defense of a passport and its holder upon appeal or otherwise, especially where the request is not accompanied by a statement that the genuineness alone of the passport is called into question, and when the evidence sought may, as in this case, enlarge the accusation against the accused. Above all, I have considered that the chief alleged offense [Page 520] involved in this case is not an offense in the eyes of our law, that it relates to such an act done under our jurisdiction, especially as regards naturalization, while that of emigrating to our shores seems to me to be hardly distinguishable from the same character, in this connection at least, as that of naturalization.

In view of the foregoing considerations, I have simply informed the court that the legation is not in position to give it the desired information.

I have endeavored to give my view, as well as the facts of this case, only the more fully to elicit any observations or instructions with which I may be favored. Respectfully submitting the case,

I have, etc.,

Clifton R. Breckinridge.
[Inclosure 1 in No. 376.—Translation.]

Ministry of justice, the procurator of the Moscow district court, sixth division. June 24 (July 6), 1896. No. 1289. Relating to case No. 43.

To the Chancelry of the Legation of the United States of America:

On the 13/25 of August, 1882, the legation issued a passport bearing No. 304 to the American citizen Hugo Sundel. You are requested to inform me:

  • First. On what kind of document was based the passport issued to said Hugo Sundel?
  • Second. In what year, from what place, and with what document did Sundel come to Russia? If such document is on file at the legation, you are requested to send it to me.
  • Third. Has not the legation on its files any information concerning Hugo Sundel relative to the year and place where Hugo Sundel obtained his naturalization papers in the United States? If such information is possessed, you are requested to inform me of it.

Please send any information you have, without delay.

Malama, Court Procurator.
[Inclosure 2 in No. 376.—Translation.]

Ministry of justice, court procurator of the Moscow district court, sixth division, Moscow 3/15 August, 1896. No. 1614. Relating to case No. 43.

To the Chancelry of the Legation of the United States of America:

Please hasten your reply to my request of June 24 (July 6) under No. 1289, relative to the passport of Sundel, as this affair is stopped in consequence of the delay in your reply.

Malama, Court Procurator.
[Inclosure 3 in No. 376.]

Mr. Breckinridge to Mr. Billhardt.

Sir: I am in receipt of a letter from the procurator of the district court, sixth district, Moscow, making inquiry as to the evidence on which a passport was issued to Hugo Sundel in 1882.

As it is possible that Sundel is in some difficulty with the authorities [Page 521] regarding his citizenship, I request you to see him and find out if such is the case, and if so, the nature of the difficulty, or the ground on which he is held, if he is under detention. You will please inform me of all the circumstances which you may be able to gather without delay.

I am, etc.,

Clifton R. Breckinridge.

P. S.—Inform me also upon what ground, if any, he could still claim American citizenship.

[Inclosure 4 in No. 376.]

Mr. Billhardt to Mr. Breckinridge.

Sir: Acknowledging the receipt of your letter dated July 20 in regard to the citizenship of Hugo Sundel, living in Moscow, I wish to state in reply that I have located him.

He declares that his name, when born in Poland, forty-six years ago, was Hugo Sundolovitch. According to his statement, he emigrated, without the permission of the Russian Government, to the United States between 1869 and 1872, where he was employed for a short time at a store at Warren, Warren County, Pa. There, he says, he took out the first paper, intending to become a United States citizen, and after peddling goods through the country for five or six years, became a naturalized citizen at Warren, Pa. Having abbreviated his name to Sundel and having obtained an American passport, he returned to Russia and has been located at Moscow for the last nineteen or twenty years. He had his passport renewed once by the United States legation at St. Petersburg in 1882, but a further renewal was refused as lie was unable to produce his naturalization papers, they having been stolen, he says, in the meantime. His last application for a new passport was made three years ago, when Hon. A. D. White was United States minister. He was arrested six or eight months ago because he had obtained a Russian passport by virtue of an expired United States passport and having emigrated without the consent of the Russian authorities.

His American passport is in the hands of the Moscow district court. After arrest he was released and put under bond of 5,000 roubles. He says he will now become a Russian subject.

I may add that his statement was made in a confused manner, and appeared somewhat inconsistent.

I am, etc.,

Adolph Billhardt,
United States Consul.
[Inclosure 5 in No. 376.]

Mr. Breckinridge to the Procurator.

The legation of the United States of America has the honor to say in reply to the two communications of the procurator of the Moscow district court, sixth division, of June 24 (o. s.) and August 3/15, relating to the case of Hugo Sundel, that it is not in position to give the information requested respecting the transaction as mentioned of August 13/25, 1882.