Mr. Breckinridge to
Mr. Sherman.
Legation of the United States,
St. Petersburg
,
March 11,
1897
.
No. 507.]
Sir: Referring to the Department’s No. 244 of
May 16, 1896, I have the honor to transmit herewith copy and translation
of the note of Count Lamsdorff of March 4 / February 20, and its
inclosure, replying to my inquiry in regard to the Russian law
concerning expatriation.
Although the present reply does not fully state how far in response to
inquiry No. 5 the claims of the Empire continue upon the descendants of
a Russian subject born abroad, yet I have been heretofore verbally
informed by the legal adviser of the ministry of foreign affairs, and
again was so informed on yesterday, that they continue without limit as
to generations of descent and regardless of where they are born.
While seeking to procure amelioration of the condition of American
citizens of Russian nativity, I have not failed to point out to the
Russian Government how, if possible, even more acutely repugnant to the
American sense would be the application of such a doctrine to those born
upon our soil.
I believe it is appreciated by the ministry of foreign affairs that, in
view of the constant troubles arising from the return of former Russian
[Page 440] subjects to the Empire and
the generation or more that has marked the residence of some of that
class in our country, the occurrence of such cases is a matter of almost
daily chance.
It is further seen that as our Government recognizes no distinction
between its citizens of native and foreign origin, the fortuitous
introduction of the question here involved would be likely to so quicken
the sympathies and convictions of all as to reasonably embarrass, for a
time, at least, that calm and kindly consideration of the subject which
is desired and manifested by both Governments.
I may say that a proposed Russian law, now and for some time under
consideration, contemplates the repeal of all that part of the present
law which extends the prescribed claims and penalties to descendants of
claimed Russian subjects born abroad. I think that influential Russian
sentiment here feels that Russia owes it to herself to essentially
modify these effete laws, and that those charged with the consideration
of the matter are seriously desirous of working out a change, guarding
the while certain peculiar difficulties which they consider still
environs them in the application of the more desirable policy.
I have in view some further conferences, the results of which will be
duly made known to you.
I have, etc.,
[Inclosure 1 in No.
507.—Translation.]
Count Lamsdorff
to Mr. Breckinridge.
Imperial Ministry of Foreign Affairs, Department of
Interior Relations,
St.
Petersburg
,
February 20/March 4,
1897
.
No. 1861.]
Mr. Minister: By the note of June 25/July
7, 1896, you had the goodness to apply to the Imperial ministry of
foreign affairs for information relative to Russian subjects who
have become naturalized citizens of the United States without the
consent of the Imperial Government.
Referring to this request, I have the honor to transmit to you
herewith a translation in French of the articles of law relating to
the questions you were good enough to propound in the
above-mentioned note.
I avail myself of this occasion to renew to you, Mr. Minister, the
assurance of my most distinguished consideration.
[Inclosure 2 in No.
507.—Translation.]
Text of laws.
Question. Does the change of allegiance without consent entail loss
of property as well as loss of civil rights and liability to
banishment?
Answer. Articles 325 and 326 of the Criminal Code:
- Article 325. Whoever, absenting himself from the
Fatherland, enters into the service of a foreign power
without the permission of the Government, or becomes the
subject of a foreign power, is liable, for this violation of
his duty and oath of fidelity, to the loss of all his civil
rights and perpetual banishment from the Empire, or, if
afterwards he returns voluntarily to Russia, to deportation
to Siberia.
- Article 326. Whoever, absenting himself from the
Fatherland, does not return to it upon being invited to do
so by the Government, is equally liable, for the infraction,
[Page 441] to the loss of
all civil rights and to perpetual banishment from the
Empire, if within the term fixed at the option of the court
he does not show that he has been impelled by circumstances
independent of his will or, at the least, extenuating
circumstances. Up to that moment he is considered as absent,
disappeared from his domicile, and his property is placed
under guardianship, according to the regulations established
to this effect by the civil laws.
The property of a person sentenced to the loss of civil rights is not
confiscated, but passes to his legitimate heirs under the same laws
which would be applied in the case of his natural death. The heirs
can also claim possession of all property which might come by
inheritance to the culprit after his condemnation.
The wife of the person deprived of civil rights has the right to
claim a divorce. Furthermore, the culprit loses his paternal
authority over his children born prior to his condemnation.
Articles 24, 26, 27, 28 of the Penal Code:
- Article 24. The loss of civil rights does not affect the
wife of the convict nor his children born or conceived prior
to his condemnation, nor their descendants.
- Article 26. Deportation to Siberia entails the loss of all
family and property rights.
- Article 27. The loss of family rights consists in the
termination of paternal authority over the children born
prior to the condemnation, if the children of the convict
have not followed him into deportation, or if they left him
afterwards.
- Article 28. Following the loss of property rights, all
property which belonged to the convict sentenced to enforced
labor or to deportation, passes, from the day of execution
of the sentence, to his legal heirs, in such a manner as it
would pass in the case of the natural death of the
convict.
The proceedings and sentence for infraction provided for in article
325 of the Penal Code follow the ordinary course of criminal
procedure.
The examining judge proceeds in an investigation upon the official
evidence of the police and local authorities or upon the requisition
of the procureur. Persons charged with illegal absence from the
Fatherland are transferred before a court of justice after arrest at
the frontier or on the territory of the Empire.
They may, however, be prosecuted by default if they do not answer to
the summons of the court after legal citation to appear has been
inserted in the newspapers or addressed to the delinquent through
our diplomatic and consular agencies.
Question. If the property be confiscated is it only during the life
of the offender, or does it remain forever alienated from his
heirs?
Answer. See the reply given above.
Question. What, if any, are the penalties provided for those who
emigrate in childhood or during their minority and subsequently
become citizens or subjects of a foreign country without Imperial
consent? And what is the period of minority?
Answer. They entail all the consequences mentioned in the first
reply, if they do not take the steps necessary when they attain
their majority, which is fixed at 21 years of age.
Article 221, Vol. X, first part of Civil Code:
Article 221. The rights to fully dispose of one’s property, to
contract obligations are not acquired before coming of age, that is
to say, before 21 years of age.
Question. Is military service claimed if it matures while a subject
is abroad and after he has sworn allegiance to another country? And
what are the penalties for failure to return and perform such
service?
Answer. By virtue of article 3 of the Regulation of Military Service,
persons above 15 years of age can not ask supreme permission to
avoid the duties incumbent upon Russian subjects before having
acquitted their military obligations. Persons who have attained the
age of 20 years and over, who sojourn abroad, are notified to
respond to the military service. In case they fail to respond to
this call, they entail the penalties indicated in the above
mentioned article 326 of the Penal Code.
Question 5. What is the status, in the foregoing respect, of the
children and further descendants born in the country to which the
father may have sworn allegiance or in which he may have acquired
citizenship, as herein contemplated?
Question 6. Can any of these descendants inherit property or in any
way acquire title to property in the Empire?
Answer to questions 5 and 6. The children of a Russian subject, born
in legitimate marriage, even in the case their father may have lost
his civil rights, are considered as Russian subjects and have a
right to hold property in the Empire, whether by succession or by
any other legal means of acquisition.
