Mr. Hitchcock to Mr.
Day.
Embassy
of the United States,
St.
Petersburg, June 6,
1898.
No. 82.]
Sir: Referring to my No. 60, of May 10, I have
the honor to say that Mr. Thomas Smith, United States consul at Moscow,
being in this city recently, I took occasion to make further inquiry
regarding the special and urgent request of Dr. Michaels for a passport
to enable him and his wife to go to Paris on account of the dangerous
illness of their son. I then learned to my surprise that neither of them
had gone to Paris in spite of the urgency indicated in the consul’s
telegram of April 21, copy of which I inclose. I did not hesitate to
express to Mr. Smith my astonishment at this disclosure and I stated to
him that I should require him to furnish me with a satisfactory
explanation making it plain that Dr. Michaels and his wife were
prevented from taking this journey which it was so urgently represented
that the claims of paternity made necessary. Replying to this the consul
wrote me on May 28 the letter, copy of which with its inclosure I
inclose. On receipt of this letter I wrote the consul a letter dated May
30, copy of which I also inclose.
These facts appear to me to place Dr. Michaels’s case in an extremely bad
light, indicating a disposition to resort to misrepresentations for
[Page 537]
the purpose of obtaining a
passport which discredit his statements regarding his efforts on behalf
of the promotion of American commerce in Russia, and in view of the
rulings of the State Department as I understand them, I shall not,
unless otherwise instructed by you, again issue a passpart to Dr.
Michaels without conclusive evidence of a real intent, supported by
acts, to return to the United States, there to reside and perform the
duties of citizenship.
While earnestly desiring to retain for our country the allegiance of all
of her citizens who may be by force of circumstances compelled to
temporarily reside in Russia, and who continue during the term of such
residence to maintain their national character, I deprecate the attempt
of a certain class of persons to avail themselves of the protection and
privileges pertaining to American citizenship while divesting themselves
of all allegiance to our country except in name.
In this connection I submit the case of Dr. George L. Regner, copies of
whose application together with the letter of the consul at Moscow of
April 4 and my reply thereto of April 28 I enclose.
Dr. Regner has recently called at this embassy requesting continued
protection at least for six months. He was told that either he was
entitled to full protection as a citizen of the United States or he was
not. That he had received in the United States not alone citizenship,
but the special education which enabled him to practice dentistry; that
he had embarked his capital in Russia and that he is now there
permanently domiciled enjoying the fruits of that investment, all the
returns from which he expends in Russia; that he is performing and has
performed during the past fifteen years, so far as this embassy is
informed, no part of his duties to the country of his alleged
allegiance; that during all these years he has been reiterating the
statement of his intent to return within two years, and that now, the
Government of the United States holding him to the performance of this
promise, he is unable to show that he has taken a single step in this
direction, but on the contrary asks continued protection for the purpose
of closing up his affairs preparatory to his return. All of these
statements regarding Dr. Regner being admitted by him to be true, he was
told that if he was prepared to support the statement which he made, of
intent to return to the United States within six months, by an oath
then, and only then, would the embassy consent to address a note to the
authorities asking permission for him to remain for six months longer
under his present passport. He was advised to give the matter
consideration and call the following day should he still wish to
subscribe to the oath proposed. Accordingly the oath, copy of which I
inclose, was prepared for him, but he has not yet returned to the
embassy.
I have, etc.,
[Inclosure 1 in No.
82—Telegram.]
Hon. Ethan
Hitchcock,
United States Ambassador,
St. Petersburg.
Dr. Henry Michaels and wife urgently request to receive their
passports; have to leave for Paris; son dangerously sick.
[Page 538]
[Inclosure 2 in No. 82.]
Mr. Smith to Mr.
Hitchcock.
Consulate of the United States,
Moscow, Russia, May
28, 1898.
Sir: Confirming my telegram dated April 20,
respecting Dr. Henry Michaels’s request to forward his and Mrs.
Michaels’s passports to facilitate them in going to Paris, from
which place they received a telegram stating that their son was ill
and required their presence at once, but on receiving their
passports neither of them left for Paris.
By your request I made inquiries of them why they did not go to
France after receiving their passports. In answer Dr. Michaels has
written me a letter and inclosing a doctor’s certificate showing
their reasons why they did not leave for Paris at the time when they
expected to go.
I herewith have the honor to transmit to you his letter and a
doctor’s certificate for your decision.
I am, etc.,
[Subinclosure 1.]
Mr. Michaels to
Mr. Smith.
Sir: I herewith beg to reply to your note
asking me why my wife did not leave for Paris as soon as she
received her passport.
She could not go, as she caught a severe cold and could not travel
and I could not leave her alone. When neither of us could leave the
news came that our dear boy was out of danger.
When she can travel she proposes to join the boy and take him to the
seaside. Herewith I beg to inclose the doctor’s certificate of her
illness, and, if necessary, I can get one from Paris concerning the
boy.
Yours, truly,
[Subinclosure 2—
Translation.]
certificate.
The present is given to the American citizen Emily Michaels in that
she has suffered from influenza from April 12 (24), and on account
of lung complication and inflammation of the ear she is still under
my treatment. In consequence of this illness she could not go
abroad, to which I certify.
N. Schkott,
Member of the Moscow Medical Board and Actual State
Counselor.
[Inclosure 3 in No. 82.]
Mr. Hitchcock to
Mr. Smith.
Embassy of the United States,
St. Petersburg, May
30, 1898.
Sir: Your letter of May 28, inclosing
letter from Dr. Michaels and physician’s certificate, duly received.
I have to say in this matter that Dr. Michaels fails entirely to
point out what the illness was from
[Page 539]
which his son was suffering when he so
urgently required a passport in order to go to him, and Mr. S.
Michaels’s illness does not appear to have been of a nature which
would prevent his going to his son in case of the urgent need
represented.
I am, etc.,
[Inclosure 4 in No. 82.]
Mr. Smith to Mr.
Hitchcock.
Consulate of the United States,
Moscow, Russia, April 4, 1898.
Sir: I have the honor to acknowledge the
receipt of your letter dated February 14, contents of which I have
communicated to Mr. G. L. Regner.
I herewith beg to transmit to you a new certificate stating that he
is engaged in the sale of American goods.
I also join the corrected applications.
I am, etc.,
[Inclosure 5 in No. 82.]
Mr. Hitchcock
to Mr. Smith.
Embassy of the United States,
St. Petersburg, April 28, 1898.
Sir: I am in receipt of your letter of
April 4 in relation to the application of Mr. G. L. Regner for a new
passport.
The certificate inclosed with it does not indicate that Mr. Regner is
in good faith engaged in the promotion of American commerce with
Russia. He appears to be engaged in the practice of his profession
of dentist, and incidentally, probably for the purpose of
rehabilitating his American citizenship, he has become an agent of a
Russian firm, doing business in Moscow, for the sale of American
specialties. There is not even any evidence that he has made any
sales of such American specialties, which in any case are doubtless
of quite minor importance as compared with the practice of his
profession. Such business undertakings can not be recognized by this
embassy as a means to evade the law. If they are real and bona fide
enterprises, in the direction of genuine and substantial increase of
American commerce and industry with the country in which a citizen
of the United States is domiciled, they would, in my opinion, be
acceptable as evidence of valid reason for such citizen’s absence
from his country, but in the present case they have the color of a
mere evasion of the restrictions imposed by the Department of
State.
If Mr. Regner desires to pursue the present line of his claim for
protection, he will be required to submit a statement showing the
value of sales of American goods made by him, on the basis of which
I will submit his application to the Department of State. In its
present condition his application for a passport is refused.
I am, etc.,
[Page 540]
[Inclosure 6 in No. 82.]
Embassy of the United States,
St. Petersburg, June 2, 1898.
[Copy of oath.]
I, George L. Regner, a naturalized and loyal citizen of the United
States, do hereby solemnly swear that it is my real and fixed
purpose to abandon all foreign residence and domicile and to return
to the United States within six months, there to reside permanently
and perform the duties of citizenship therein. It is my purpose in
making this declaration to secure from the embassy of the United
States at St. Petersburg its protection during the time which may be
necessary to dispose of my effects and business in Moscow, and I
hereby disavow under my solemn oath any intent to use this temporary
protection to enable me meantime to acquire any other
allegiance.
Further, I do solemnly swear that I will support and defend the
Constitution of the United States against all enemies, foreign and
domestic that I will bear true faith and allegiance to the same; and
I take all of these above-stated obligations freely, without any
mental reservation or purpose of evasion whatsoever. So help me
God.
Embassy of the United States at St. Petersburg.
Sworn to before me this __________
