you that the treaty in force between Russia and the United States concedes to you no rights in addition to those enjoyed by Russian subjects of like faith. It is difficult to perceive upon what ground an American citizen can claim in Russian territory rights not conceded to Russian subjects. Your position would, therefore, seem to be, so far as I am at present advised, the same as Russian subjects of like faith in Kharkoff. If, therefore, the laws now in force in Kharkoff prohibit those of Jewish faith from purchasing property in Kharkoff, then you are prohibited. You should, therefore, seek the advice of local lawyers and be governed in your action by the laws now in force in the province where the property is situated. W. H. EDWARDS. No. 113.] No. 13. Mr. Hoffman to Mr. Evarts. LEGATION OF THE UNITED STATES, St. Petersburg, June 13, 1879. (Received June 30.) SIR: Referring to my No. 109, in answer to your No. 52, you will recollect that I had the honor to say to you that Mr Stoughton had in quired if alien Jews were allowed to hold real estate in Russia, and that I had renewed the inquiry; I am now in receipt of a reply from Mr. de Giers, a translation of which I beg to inclose. You will observe that his reply confirms what I had the honor to write you in my No. 109, viz, that all foreign Jews can purchase real estate in Russia under certain restrictions, and if they fulfill certain conditions of social position and wealth. Mr. de Giers adds, however, that in the governments of Kieff and Wilna, foreign Jews are not allowed to hold real estate. I have, &c., WICKHAM HOFFMAN. [Inclosure No. 1 with No. 113.-Translation.] IMPERIAL MINISTRY OF FOREIGN AFFAIRS, SIR: In reply to the note of the legation of the United States, dated 12th (24) April last, regarding the right of Israelites to purchase real estate at Kharkoff, I have the honor to inform you that foreign Israelites who have fulfilled the formalities required by paragraph 5 of the first note of article 128 of volume XI (of which I take the liberty to inclose a translation), have the right to purchase real estate in all the cities of Russia except those "governments" which at the time of the promulgation of the ukase of the "Senate Directory" of August 5, 1864, were comprised in the administrative circle of the governors-general of Kieft and Wilua. Receive, sir, &c., [Translation.] GIERS. Extract from the fifth paragraph of the first note of article 128 of volume 11 of the Regulations on Passports, in continuation of those of 1863. Those Israelites, foreign subjects, who came to Russia, and who are distinguished by their social position and their important commercial operations, have the right, on receiving a special permission in each case, from the ministries of the finances, of the interior, and of foreign affairs, to carry on their business and to establish bankinghouses, if provided with certain certificates of commerce of the first guild. The same Israelites have also the right to establish manufactories, and to acquire and hold real estate without tenants (non peuplés") on complying strictly with the rules set forth in the civil code. No. 2.] No. 14. Mr. Evarts to Mr. Foster. DEPARTMENT OF STATE, SIR: I have received a letter from Messrs. S. Wolf and A. S. Solomons, of this city, representing the "Union of American-Hebrew Congregations," in which they refer to newspaper statements indicating that the Jews in Russia have recently been subjected by the government there to extraordinary hardships, and expressing a desire that the minister of the United States to St. Petersburg may be instructed “to make such representations to the Czar's government, in the interest of relig ious freedom and suffering humanity, as will best accord with the most emphasized liberal sentiments of the American people." The writers of the letter observe at the same time that they are well aware of the impropriety of one nation interfering with the internal affairs of another in matters of a purely local character." You are sufficiently well informed of the liberal sentiments of this government to perceive that whenever any pertinent occasion may arise its attitude must always be in complete harmony with the principle of extending all rights and privileges, without distinction on account of creed, and cannot fail, therefore, to conduct any affair of business or negotiation with the government to which you are accredited, which may involve any expression of the views of this government on the subject, in a manner which will subserve the interests of religious freedom. It would, of course, be inadmissible for the Government of the United States to approach the Government of Russia in criticism of its laws and regulations, except so far as such laws and regulations may injuriously affect citizens of this country, in violation of natural rights, treaty obligations, or the provisions of international law, but it is desired that the attitude of the minister, as regards questions of diplomatic controversy, which involve an expression of view on this subject, may be wholly consistent with the theory on which this government was founded. I am, sir, &c., No. 15. WM. M. EVARTS. No. 205.] Mr. Hoffman to Mr. Evarts. LEGATION OF THE UNITED STATES, St. Petersburg, May 7, 1880. (Received May 24.) SIR: I have the honor to report to you the case of Henry Pinkos, an Israelite and citizen of the United States. About a fortnight ago this man was brought to me by Mr. Edwards, who informed me that Pinkos had been ordered to leave St. Petersburg. The latter told me that all foreign Jews had been ordered to leave this city at once. I wrote immediately to Mr. de Giers, and Mr. Edwards saw General Zouroff, the prefect of the city, and obtained from him a delay of three days. As I did not hear from Mr. de Giers, I went to see him and suggested that this man might at least have a delay of some weeks in order that he might dispose of his property or embark with it for England on the opening of navigation. When the three days had expired I applied to General Zouroff for a further extension, and obtained a week. As no vessel had in the mean time arrived, I applied at its expiration for still further delay and obtained three days more, with an intimation that General Zouroff regretted that it would be impossible for him to accord any further delay. The extended time expires to-day. English steamers have in the meantime arrived, and Pinkos will be able to embark at once with his family and property. I have heard nothing whatever from Mr. de Giers, from which I infer that he is unable to interfere with General Melikoff's order. Upon calling at the foreign office yesterday I was unable to see him on aecount of the Easter holidays. I understand that, since it has appeared, many Jews have been engaged in the plots against the Emperor, and that foreign Jews have been ordered to leave not only St. Petersburg, but Moscow, and some other large towns, where they have hitherto been permitted to reside. I have, &c., WICKHAM HOFFMAN. No. 208.] No. 16. Mr. Hoffman to Mr. Evarts. LEGATION OF THE UNITED STATES, St. Petersburg, May 17, 1880. (Received June 5.) SIR: Referring to my dispatch No. 205, in relation to the case of Henry Pinkos, an American citizen and an Israelite, I have the honor to inform you that I am at length in receipt of a note from Mr. de Giers in answer to mine of the 20th of April. The Russian Government grants to Pinkos a delay of three months in order to wind up his business. On sending to notify him I found that he was still at St. Petersburg, the police superintendent of his district having permitted him to remain from day to day since the expiration of the time allowed him by General Zouroff, to await the answer of the Russian Government. I have, &c., WICKHAM HOFFMAN. No. 9.] No. 17. Mr. Foster to Mr. Evarts. LEGATION OF THE UNITED STATES, St. Petersburg, June 17, 1880. (Received July 3.) SIR: Your dispatch No. 2, of the 14th of April last, relating to the reported treatment of the Jews in Russia, was duly received. I beg to state that the views expressed therein have been steadily kept in mind and are heartily reciprocated by me; but up to the pres ent date no fitting opportunity has offered to enable me to submit to the Russian Government the representations indicated by the gentlemen referred to in your dispatch. You are doubtless aware that the present state of public feeling in this country is such that the Imperial government would not receive in a kindly spirit any suggestions which might have the semblance of criticism upon the repressive measures it has thought necessary to adopt, in view of the repeated attempts upon the life of the Emperor. I must, therefore, await a more favorable occasion to make the representations alluded to; an imprudent or hasty presentation of them would be likely to aggravate rather than improve the condition of the people for whose benefit my intervention has been asked. Mr. Hoffman has reported to you the action of the Russian Government in ordering non-resident foreign Jews to leave St. Petersburg and other cities. As this power has been heretofore exercised by this government and acquiesced in by my predecessors, I have not thought proper to revise the question in the absence of instructions from the Department. I am, &c., JOHN W. FOSTER. No. 18. Mr. Evarts to Mr. Foster. No. 14.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of Mr. Hoffman's No. 205 and 208, in relation to the expulsion of foreign Jews from certain large towns and cities of Russia, and the expulsion of Mr. Henry Pinkos, a Jew and an American citizen, from St. Petersburg in particular. It appears from the latter dispatch that Pinkos has been allowed to remain three months. Mr. Hoffman does not specifically state that Mr. Pinkos or the other Jews referred to have been ordered to leave Russia, as well as St. Petersburg, but that is the implication of the dispatches. In reply, I have to observe that in the presence of this fact, that an American citizen has been ordered to leave Russia on no other ground than that he is the professor of a particular creed, or the holder of certain religious views, it becomes the duty of the Government of the United States, which impartially seeks to protect all its citizens of whatever origin or faith, solemnly, but with all respect to the Government of His Majesty, to protest. As this order of expulsion applies to all foreign Jews, in certain towns or localities at least of Russia it is of course apparent that the same is not directed especially against the government of which Mr. Pinkos is a citizen, and, indeed, the longstanding amity which has united the interests of Russia with those of this government would of itself forbid a remote supposition that such might be the case. Notwithstanding this aspect of the matter, the United States could not fail to look upon the expulsion of one of its citizens from Russia, on the simple ground of his religious ideas or convictions, except as a grievance akin to that which Russia would doubtless find in the expulsion of one of her own citizens from the United States on the ground of his attachment to the faith of his fathers. It is intimated in Mr. Hoffman's No. 205 that the reason of this order may be found in the supposed implication of Jews in the plots formed against the life of the Emperor, and in so far as this may be true the Government of Russia has the entire sympathy of the Government of the United States in all just preventive efforts; and if there exists good evidence that Mr. Pinkos has been connected with any of these attempts the Government of the United States cannot object to his expulsion on that ground. But such a charge does not appear to have been brought against Mr. Pinkos; and it is confidently submitted to His Majesty's Government whether in the event Mr. Pinkos should finally be expelled from Russia, or be otherwise interrupted in his peaceful occupations, on the sole ground that his religious views are of one kind rather than another, he would not be justly entitled to make a reclamation for the damage and loss to which he might thereby be subjected. You will present these views at the foreign office in the courteous spirit in which they are made. I am, sir, &c., No. 19. WM. M. EVARTS. No. 18.] Mr. Hoffman to Mr. Evarts. LEGATION OF THE UNITED STATES, St. Petersburg, July 15, 1880. (Received July 31.) SIR: I have the honor to acknowledge the receipt of your dispatch No. 14, addressed to Mr. Foster, in which you instructed him to make certain representations to the imperial government in relation to the expulsion of American Jews from Russia, and especially in reference to the case of Mr. Henry Pinkos. # * In his No. 9, Mr. Foster wrote to the Department that while its views upon the subject of the treatment of foreign Jews in Russia were steadily kept in mind and heartily reciprocated by him, he did not consider the moment opportune for making representations to the imperial government upon the subject, and that such representations might aggra vate rather than improve their condition. This dispatch had not reached you at the date of your No. 14. In view of this dispatch it appears to be my duty to await Mr. Foster's return, or your further instructions. Should you see fit to telegraph me to make the representations indicated, there will be a delay of two weeks only in their presentation. In relation to this particular case of Pinkos, I have unofficial reasons for believing that at the expiration of the three months granted him, if he wishes to remain, he will not be disturbed. He tells me, however, that he has had enough of Russia and wishes to return to the United States. I may be permitted to add that I did not intend to imply in my No. 205 that Mr. Pinkos had been ordered to leave Russia. I stated that "he had been ordered to leave St. Petersburg." I carefully examined and had a translation made of the police indorsement upon his passport, and called H. Ex. 192-3 |