[Appendix to inclosure C.J Translation of the writing sent by the governor of Kharkoff to the minister of the interior. No. 7312. In the year 1865 there came here to Kharkoff, a North American subject named Theodor Rosenstrauss, and took a license as second guild merchant, and opened a magazine under the firm Theodor & Co., and settled here with his family. The Kharkoff city police, on looking at the paragraphs Nos. 130 and 131, the eleventh volume of the Commercial Laws, where it is said in the fourth continuation, that it is not permitted for Israelites to settle here, unless assigned districts, and more so to open commerce business. By the police there was an order sent through the governor's office for him to leave the city, as it is unlawful for Israelites to settle here. During this time there was a writing sent from the department of the minister of the interior, dated 8th February, 1866, No. 828, in which the American ambassador, General Clay, wished the chancellor, Prince Gortachoff, give protection to the respectable and peaceful American subject, Theodor Rosenstrauss, consequently the police received orders from the governor, Count Severs, to give information of this writing in detail, to the American subject, and to stay all further proceedings or persecutions in the affair. From that time to June, 1867, many individuals who keep private pensions, also the director of the third Gimnaze, requested the police master to have a watchful eye on the pictures in the the American magazine, owing to the sales of indecent secret pictures which are injurious to youth, as they are sold to everybody without exception, so that they can fall into the hands of young people, which is very dangerous to their morality. At the time the revising officer, Kelcheffsky, who was sent here by the minister of finance, he came to search the American magazine with the police master, who took pictures which were actually bad, and gave them into the administration of the police. After all this, Mr. Rosenstrauss was impudent enough to send an account for the confiscated pictures to the police master, asking payment for them, receiving comprehensible denial of payment. As regards the returning of confiscated pictures in paragraph 152, volume 14, on the law, says, that any thing similar to them, are not permitted to be sold in this empire, and after I told him that the sale of such things are destructive to youth, and that in Russia it was not permitted for the sake of morality, I received an answer that Rosenstrauss neither knows the Russian language nor the Russian laws, but asks protection as an American subject; I explained to him again that the police master knew the Russian laws, and after all Mr. Rosenstrauss left me dissatisfied, making the remark that he would complain to the American ambassador. From all this your highness will see how much respect was shown to this foreigner who as Israelite second guild merchant, without any bill of mastership, without any knowledge of physic, who has no right to live here, in Kharkoff, and still more, to open a magazine under the name optical and physical magazine, but all this was permitted through interposition of the American mission. In consequence of all this, I consider it my duty to give your highness a knowledge of it and leave it to your highness's own disposition, and request your highness interposition with the American ambassador that he should give to the said Rosenstrauss the necessary warning. Should, after all that is mentioned above, there be anything occur through him contrary to law, he, as foreigner, having been already given as much protection as possible, he will then have his magazine closed and he sent from Kharkoff. [Inciosure D in No. 20.] Mr. Clay to Prince Gortchakow. LEGATION OF THE UNITED STATES, St. Petersburg, February 3 (15), 1866. The American minister has the honor to ask his excellency, Prince Gortchakow, viee chancellor and minister of foreign affairs to His Imperial Majesty, that he would be pleased to issue orders to the governor and police authorities of the province or city of Kharkoff, Russia, rot to disturb nor allow to be disturbed Theodore Rosenstrauss, or his family or business, in consequence of his religion. He informs this legation, by letter dated Kharkoff, December 2 (14) ultimo, that he is continually persecuted by the police and threatened by the governor that his store (magazine) will be closed, because he is not a Christian. As the United States tolerate all religions, they claim equal protection for all their citizens; and as the American minister knows Mr. Rosenstrauss to be a worthy and peaceable citizen, he is sure his excellency, Prince Gortchakow, will not be slow to give him all due protection so long as he obeys the laws of Russia. The American minister has the honor to subscribe himself his excellency, Prince Gortchakow's, most obedient and humble servant, C. M. CLAY. Inclosure E in No. 20.] Mr. Clay to Prince Gortchakow. LEGATION OF THE UNITED STATES, St. Petersburg, September 9, N. S. 1867. The undersigned regrets again to be compelled to call the attention of the Russian Government to the complaint of Theodore Rosenstrauss, an American citizen now living and doing business in the town of Kharkoff, Russia, who telegraphs him that he is persecuted by the police, because of his religion. The American minister is sure that he need only call the attention of his excellency, Prince Gortchakow, chancellor of the empire, &c., to this breach of American rights, to have his fellow-citizen protected in his religious principles so long as he does not interfere with the faith of others, and to have awarded him just redress against his persecutors. So soon as the minister of the United States gets more specific details through the post, he will lay them before the foreign department of Russia. The minister of the United States has the honor to renew to Prince Gortchakow assurances of his most distinguished consideration. C. M. CLAY. [Inclosure F in No. 20.j Mr. Clay to Mr. Westmann. LEGATION OF THE UNITED STATES OF AMERICA, The undersigned has the honor to acknowledge the receipt of his excellency M. de Westmann's note, No. 5800, of the 28th August (9th September ultimo), together with the paper of his excellency, the governor of Kharkoff, No. 7312. The governor of Kharkoff, it seems, makes three complaints against Theodore Rosenstrauss. 1. That he is a Jew. 2. That he sells indecent prints. 66 3. That he keeps magazine without a permit or mastership." The American minister sent the governor's complaint to Mr. Rosenstrauss, and is now in possession of all the facts. In answer to these charges the undersigned remarks: 1. That he admits that Mr. Rosenstrauss is a Jew, but as all religions are alike tolerated in the United States, they claim equal protection for all their citizens without regard to religions or principles. 2. Rosenstrauss denies that the prints taken by the police are indecent. He says they are such as are seen in all the print shops in all the large cities of Russia. And besides, as he paid duties on all these prints, it is too late for the Russian authorities now to confiscate them without full payment of their value. 3. To prove to the foreign office how much the governor is imposed upon, the undersigned incloses the "mastership" of Mr. Rosenstrauss, which, when seen, he begs the adjunct minister of foreign affairs to return to this legation, date 1865. Thus, from the governor's own showing, the authorities of Kharkoff are clearly in the wrong. The complaint of the governor that Mr. Rosenstrauss sells optical and "physical" apparatus without being a doctor, shows how prejudice here usurps the place of fact and justice. To show the foreign department the studied injustice shown this citizen of the United States, the undersigned incloses the private letter from Mr. Rosenstrauss, addressed to this legation, marked "No A," which he makes a part of this note. The American minister, in view of all these facts, protests against the confiscation of the prints. He protests against the search of the house of an American citizen without some evidence of fraud. And he protests against the insult of calling fre quently upon his countryman to show his "bill of mastership" when the authorities do know, or ought to know, from the files of their respective offices, what licenses have been legally granted. And, lastly, the American minister protests against any curtailment of the rights of Theodore Rotenstrauss because he happens to be a Jew or " Israelite." The minister of the United States begs to assure his excellency, M. de Westmann, adjunct of the minister of foreign affairs, &c., of his distinguished consideration. C. M. CLAY. No 19.] No. 5. Mr. Fish to Mr. Jewell. DEPARTMENT OF STATE, SIR: Your dispatch No. 20, of the 15th ultimo, relative to the case of Rosenstrauss, has been received. The determination which it announces to claim in behalf of that person all the privileges in the Russian dominions which are allowed to native Hebrews, is approved. I am, &c., No. 6. HAMILTON FISH. No. 32.] Mr. Jewell to Mr. Fish. LEGATION OF THE UNITED STATES, St. Petersburg, January 27, 1874. (Received February 20.) SIR: Referring to my dispatches Nos. 8 and 20, in the case of Theodore Rosenstrauss, I have the honor to inclose to you herewith the copy of a note which I have just received from the foreign office. By this document it appears that Mr. Rosenstrauss will be allowed to remain in Kharkoff and carry on his business if he provides himself with a certifi cate of the first guild. As such a certificate is also required from native Hebrews, it seems that Rosenstrauss has nothing more to complain of, and that the government is not disposed to make any difference against him. I have, &c., MARSHALL JEWELL. [Inclosure in No. 32.-Translation.] Mr. Westmann to Mr. Jewell. No. 331.] IMPERIAL MINISTRY OF FOREIGN AFFAIRS, Mr. MINISTER: The ministry of foreign affairs did not fail to communicate to the proper authorities the petition and telegram of Theodore Rosenstrauss, a citizen of the United States of America, which were sent as inclosures to the notes of the legation of October 30, 1873, and January 6, 1874, and in which the aforesaid person, who is of Hebrew origin, complains that the authorities of Kharkoff have required him to procure a certificate of the first guild, whereas he formerly did business with a certificate of the second guild. The ministry of the interior has consulted the ministry of finance on this subject, and has to-day reported that Rosenstrauss, as an Israelite and the subject of a foreign power, will be required to conform to the provisions of paragraph 5 of the appendix to article 128 of the Commercial Code (vol. XI of the Code of Laws, edition of 1863), and that he consequently cannot be authorized to transact business at Kharkoff save on the express condition that he shall procure a certificate of the first guild. I think it proper for me to add that if Mr. Rosenstrauss has hitherto carried on business with a certificate of the second guild, this was owing solely to the indulgence of the authorities of Kharkoff, which indulgence can no longer be granted, inasmuch as the new municipal regulations invest the municipal government of the city, which is entirely independent, with the right of issuing these certificates, but require that it be done in strict conformity with law. In bringing the foregoing to your knowledge, Mr. Minister, I have the honor to return to you the petition and the telegram in question, and I beg you to accept the assurance of my most distinguished consideration. WESTMANN. No. 30.] No. 7. Mr. Fish to Mr. Jewell. DEPARTMENT OF STATE, SIR: Your dispatch No. 32, of the 27th ultimo, inclosing a copy of a note from the minister of foreign affairs relative to Theodore Rosenstrauss, has been received. It appears from his note that permission has been granted to Mr. Rosenstrauss to remain in Kharkoff and carry on his business if he provides himself with a certificate of the first guild. This is apparently a satisfactory solution of his case. I am, &c., No. 8. HAMILTON FISH. No. 68.] Mr. Jewell to Mr. Fish. LEGATION OF THE UNITED STATES, St. Petersburg, May 5, 1874. (Received May 22.) SIR: I desire to bring to your notice a case which has recently occurred here, which may interest you as concerning the rights of persons of the Jewish religion. On the 13th of March a young man named Simon J. Gordan, with an American passport granted by the Department of State, came to me and said that he was desirous of marrying a Madame Topaz, and wished an American passport for her. He was informed that this was impossible until he had really married her, as not until then did she become an American citizen. He explained that she had formerly been married to a Mr. Topaz, a Russian subject, and had been divorced from him, that her papers were with the police, and that there was an intention to order her to leave the country within twenty-four hours. From the story I received, I imagined it to be a misunderstanding on the part of the police, and accordingly wrote a note to General Trepoff, the prefect of the city and head of the police, of which I inclose you a copy, marked A, and in which I requested that the lady might have time enough given to her in which to marry Mr. Gordan, when she would receive an American passport, and her position would be legal, at the same time asking, for information, whether the divorce was legal. In reply I received a note, a copy of which I inclose you, marked B, in which I was informed that the reasons for sending her out of the country were that she belonged to the Jewish religion, and that she was not of the category of Hebrews who were allowed to reside in St. Petersburg. General Trepoff mentioned in his note that Madame Topaz had verbally manifested the intention of becoming a Christian, and if she did so, the dispositions of the law would not be applicable to her. It was admitted by the letter of General Trepoff that Madame Topaz was legally divorced, and a subsequent statement was made to that effect. I then sent Mr. Schuyler to the police, and he was referred to the secretary, Mr. Resoali. Mr. Schuyler inquired of the secretary whether the regulations would still be enforced against the lady if she married and became an American citizen. He was informed that this would make no difference, and was told, at the same time, that with a matter like this sufficient time would be granted, and that there was no need for the lady to be at all annoyed or troubled; and subsequently he received a letter from the secretary, a copy of which I inclose you, marked C, containing the regulations on the subject of the sojourn of Israelites in St. Petersburg, together with a translation of the act of divorce, a copy of which I inclose to you, marked D. Madame Topaz was therefore politely informed that as marriage would make no difference in her case, if she desired to change her religion, the sooner she did so the better. Madame Topaz said that she had no objection to become a Christian, but it was certainly very disagreeable to be forced to do so, and sent to me, by Mr. Gordan, a letter in which she formally stated her intention of becoming a Christian, and stating that she had taken the preliminary steps to do so by consulting the Lutheran pastor, Mr. Lalande. I therefore addressed a note to General Trepoff, informing him of this fact, a copy of which I inclose to you, marked E, and the next day, the 26th March, I received from General Trepoff a reply, a copy of which I inclose to you, marked F, in which he stated that he would give Madame Topaz three days in which to change her religion. Madame Topaz complained that three days was a very short time in which to change her religion. Mr. Gordan, by my advice, presented himself at the police with a certificate from the pastor, Mr. Lalande, that religious instruction had already commenced, and with a request for additional time. In consequence of this, Mr. Schuyler received a note, a copy of which I inclose, marked G. To this note no written reply was made, but Mr. Gordan, accompanied by the Lutheran pastor, called upon General Trepoff, and the pastor explained the difficulties in the way and demanded a term of two months. stating that there were various official papers to be obtained from the consistorium and ministry. General Trepoff said he would procure these papers within twenty-four hours, and finally an agreement was made that the lady should be allowed one month to change her relig ion and that if she had not done so, at the end of that time she would be compelled to leave St. Petersburg. Notice of this was sent to the legation in a letter, a copy of which I send to you, marked H, the receipt of which was acknowledged. Up to this point I had been acting only officiously and not officially in the matter, as the person in question was not yet an American citizen. General Trepoff seemed fully to understand why I engaged in the matter and interposed no objection. Subsequently to the last letter to the police, it being found that the divorce was legal, Mr. Gordan requested that the marriage ceremony should take place at the legation, and accordingly on the 1st of April they were married in my presence by the Rev. B. J. Hall, the pastor of the British and American Congregational Church. I inclose you a copy of the certificate of marriage, marked I. After the marriage Mrs. Gordan received an American passport from this legation. On the 1st of May Mr. Gordan came to me with a complaint that having sent his wife's passport to the passport bureau for foreigners in |