earnest desire to reach a mutually agreeable conclusion the treaty stipulations between the United States and Russia are found insufficient to determine questions of nationality and tolerance of individual faith, or to secure to American citizens in Russia the treatment which Russians receive in the United States, it is simply due to the good relations of the two countries that these stipulations should be made sufficient in these regards; and that we can look for no clearer evidence of the good will which Russia professes toward us than a frank declaration of her readiness to come to a distinct agreement with us on these points, in an earnest and generous spirit.

I have observed that in your conferences on this subject heretofore with the minister for foreign affairs, as reported in your dispatches, you have on some occasions given discreet expression to the feelings of sympathy and gratification with which this government and people regard any steps taken in foreign countries in the direction of a liberal tolerance analogous to that which forms the fundamental principle of our national existence. Such expressions were natural on your part, and reflected a sentiment which we all feel. But in making the Presi dent's views known to the minister I desire that you will carefully subordinate such sentiments to the simple consideration of what is conscientiously believed to be due to our citizens in foreign parts. You will distinctly impress upon him that, regardful of the sovereignty of Russia, we do not submit any suggestions touching the laws and customs of the empire except where those laws and customs conflict with and destroy the rights of American citizens as secured by treaty obligations.

You can further advise him that we can make no new treaty with Russia, nor accept any construction of our existing treaty, which shall discriminate against any class of American citizens on account of their religious faith.

I cannot but feel assured that this earnest presentation of the views of this government will accord with the sense of justice and equity of that of Russia, and that the questions at issue will soon find their natu ral solution in harmony with the noble spirit of tolerance which pervaded the ukase of the Empress Catherine a century ago, and with the statesman-like declaration of the principle of reciprocity found in the later decree of the Czar Alexander II in 1860.

You may read this dispatch to the minister for foreign affairs, and should he desire a copy, you will give it to him. I am, &c.,

No. 37.

JAMES G. BLAINE.

No. 150.]

Mr. Hoffman to Mr. Blaine.

LEGATION OF THE UNITED STATES,

St. Petersburg, August 29, 1881. (Received September 24.) SIR: I have the honor to inform you that, having prepared a copy of your dispatch No. 87 upon the subject of United States Jews in Russia, I to-day called upon Mr. de Giers.

I told him the object of my visit, and offered to read your dispatch. He requested me not to do so, as he was very much occupied, and several persons waiting to see him, but asked me to leave him a copy, which he promised to have carefully considered.

66

I said to him that your dispatch related to citizens of the United States alone; that you did not touch upon the question of Russian Jews; and that as regards citizens of the United States you placed yourself principally and strongly upon the treaty of 1832. That under the treaty every citizen of the United States, without distinction of creed, had the right to go where he pleased, and stay as long as he pleased, in the empire. He replied that he regarded the words "on condition of their submitting to the laws and ordinances there prevailing" as qualifying this right, and subjecting American Israelites to the laws which govern Russian Ísraelites. I assured him that it appeared to me that those words referred rather to laws on morals (mocurs) and police ordinances," in the ordinary acceptation of that term. I added. that in the case of Russian Jews very many exceptions were made to their laws (referring to the large number of Russian Jews permitted to reside in St. Petersburg contrary to law). He admitted that there were many such exceptions; and added that exceptions were made and would be made freely in case of foreign Jews also. I had only to apply in any particular case, and he had no doubt an exception would be made: your dispatch should be carefully considered, and in a week or two he would answer it verbally or in writing, as I preferred. He added that the answer would probably be the same as that given to the English. The answer given to the English, I understand to be, that the treaty does not give an English Israelite the right to go anywhere, or stay any length of time, in Russia, but that he is bound by the regulations which govern native Jews; but that in the case of Mr. Lewisohn an exception is made on request of the British embassy, and he can return here if he desires to do so. I do not speak with certainty, but I learn in well informed quarters that this is the decision.

I am, &c.,

WICKHAM HOFFMAN.

No. 162.]

No. 38.

Mr. Hoffman to Mr. Blaine.

LEGATION OF THE UNITED STATES,

St. Petersburg, October 8, 1881. (Received October 26.) SIR: Referring to your dispatch No. 87, and to my No. 150 in reply, I have the honor to inform you that I called yesterday upon Mr. de Giers in reference to the question of United States Jews in Russia. Mr. de Giers stated that he had read your dispatch with interest; that the question had two sides-its legal and its moral side; that in reference to the former, he still maintained the view he had already intimated to me, viz, that in the treaty of 1832 the words "on condition of their submitting to the laws and ordinances there prevailing” were controlling, and subjected American Jews to the treatment of native Jews. He added that he had given an analogous answer to the representations of other powers.

As regards the moral side of the question, he, personally, would be glad to see important modifications made in the laws regulating the condition of the Jews in Russia; but that they had brought much of the harshness of these laws upon themselves. A commission had, however, been appointed to examine and report upon the whole Jewish

question, under the presidency of the minister of the interior; that the commission would meet this autumn, and that he had already transmitted your dispatch to that officer, to be submitted for the consideration of the commission.

I am, &c.,

No. 39.

WICKHAM HOFFMAN.

No. 183.]

Mr. Hoffman to Mr. Frelinghuysen.

LEGATION OF THE UNITED STATES,

St. Petersburg, January 9, 1882. (Received February 2.) SIR Referring to the correspondence between the Department and this legation upon the subject of American Jews in Russia, I have the honor to report the following curious case:

About three weeks ago I was called upon by a man of the name of James G. Moses, who produced his United States passport, and stated that he was a Jew; that he was employed in the Ceniselli circus in this city as stable director, and that he had been ordered out of the city as a Jew. He added that he was not "one of those Talmud Jews"; that he belonged to the American Reformed Church, known in Russia as the Karaim Jews.

As I have found by experience that the most effective way to proceed in these cases is to appeal direct to the chief of police, and through him, if necessary, to the minister of the interior, and not to address the minister of foreign affairs except as a last resource, I asked the consul-general, who is in relations with the municipal authorities, to apply to General Kosloff, prefect of police, on Mr. Moses's behalf.

As soon as General Kosloff understood that Moses was a Karaim Jew, he told the consul-general to send the man to him the next morning accompanied by his employer.

The next morning they went accordingly, and the result of the interview was that Mr. Moses was informed that General Kosloff would recommend that permission be given him to remain, and in the mean time to give himself no uneasiness. I understand that he has since received the necessary permission.

It appears that the Karaim or Reformed Jews are of a superior class, and have never given the Russian Government any trouble or been found enrolled among the Nihilists.

Mr. Moses is a resident of New York, born in Germany, but taken to the United States when a young child.

I am, sir, &c.,

SIR: The prejudice of race and creed having in our day given way to the claims of our common humanity, the people of the United States

have heard with great regret the stories of the sufferings of the Jews in Russia. It may be that the accounts in the newspapers are exaggerated, and the same may be true of some private reports. Making, however, due allowance for misrepresentations it can scarcely be doubted that much has been done which a humane and just person must condemn.

The President of course feels that the government of the Emperor should not be held morally responsible for acts which it considers wrong, but which it may be powerless to prevent.

If that be true of this case, it would be worse than useless for me to direct you, as the representative of the United States, to give official expression to the feeling which this treatment of the Jews calls forth in this country. Should, however, the attitude of the Russian Government be different, and should you be of the opinion that a more vigorous effort might be put forth for the prevention of this great wrong, you will, if a favorable opportunity offers, state, with all proper deference, that the feeling of friendship which the United States entertain for Russia prompts this government to express the hope that the imperial government will find means to cause the persecution of these unfortunate fellow-beings to cease.

This instruction devolves a delicate duty upon you, and a wide discretion is given you in its execution. However much this republie may disapprove of affairs in other nationalities, it does not conceive that it is its right or province officiously and offensively to intermeddle. If, how ever, it should come to your knowledge that any citizens of the United States are made victims of the persecution, you will feel it your duty to omit no effort to protect them, and to report such cases to this Department.

1 am, &c.,

FRED'K T. FRELINGHUYSEN.