on American vessels. But if the foreign Government does not impose such a tax at a port within the localities named, then the exemption inures to the benefit of all vessels arriving in ports of the United States from any such port that does not impose such taxes. The fourteenth section of the shipping act, the Secretary of the Treasury observes Concedes a privilege to vessels of Mexico and Central America, which is at once national and geographical-contingent upon similar concessions from those Governments. This privilege is an exemption from tonnage tax on all direct voyages between national ports and ports of the United States. It seems to me, therefore, that under the stipulations of Article XIII of the treaty with Portugal of 1840, a similar contingent privilege is granted by the shipping act to vessels of Portugal sailing from their national ports directly for ports in this country; but not to Portuguese vessels arriving in our ports from ports of departure that do not under the shipping act invest vessels sailing from them with a right to exemption. Moreover, the conditional concessions of the statute would not extend to any other vessels than those of Portugal and the United States sailing on direct voyages between Portugal and this country; nor, if an exemption for Portuguese vessels can be claimed under the joint operation of the shipping act and Article XIII of her treaty of 1840, could such vessels claim a greater exemption than for 3 cents per ton, which is the maximum amount of the exemption that could on any conditions be allowed vessels of Mexico or the Central American States. This Department sees no reason for differing from the above views. The question remains, "Whether Portugal does exempt vessels of the United States in her ports from such a payment of tonnage tax, lighthouse dues, or equivalent taxes as would exempt her vessels in our ports from the whole or a part of the tax of 3 cents per ton." Accept, &c., No. 495. T. F. BAYARD. Mr. Bayard to Viscount das Nogueiras. DEPARTMENT OF STATE, Washington, November 7, 1885. VISCOUNT: I have had the honor to recur to the question presented in your note of the 15th March last, to which my note of May 21 made response by communicating to you the views of the Treasury Depart ment touching the application of the provisions of the fourteenth section of the shipping act approved June 26, 1884, to vessels of Portugal coming from ports of that country directly to ports of the United States under the most favored nation clause of the existing treaty of 1840. You will recall the opinion of the Secretary of the Treasury, as quoted by me, to the effect that while the stipulations of Article XIII of the treaty with Portugal would seem to involve the granting, by the shipping act, of similar contingent privilege to vessels of Portugal sailing from their national ports directly for ports of the United States, this privilege is not granted "to Portuguese vessels arriving in our ports from ports of departure that do not, under the shipping act, invest vessels sailing from them with a right to exemption." The importance of the questions involved in the claim of the Portuguese Government, and in like claims subsequently preferred by other Governments, has led to the submission of the entire subject to the judgment of the Attorney-General, to the end that a precise and uniform response should be made in each case. The conclusions of the Department of Justice, after a careful examination of the premises, are, that— The discrimination as to tonnage duty in favor of vessels sailing from the regions mentioned in the act and entered in our ports is, I think, purely geographical in character, inuring to the advantage of any vessel of any power that may choose to fetch and carry between this country and any port embraced by the fourteenth section of the act. I see no warrant, therefore, to claim that there is anything in "the most favored nation" clause of the treaty between this country and the powers mentioned that entitles them to have the privileges of the fourteenth section extended to their vessels sailing to this country from ports outside the limitation of the act. These conclusions are accepted by the President, and I have accordingly the honor to communicate them to you as fully covering the points presented in your note of 15th March last. Accept, &c., RUSSIA. T. F. BAYARD. No. 496. Mr. Frelinghuysen to Mr. Taft. DEPARTMENT OF STATE, No. 7.] Washington, December 18, 1884. SIR: The Hon. S. S. Cox, M. C., has addressed the Department on the subject of a report that the Russian minister of the interior has ordered the expulsion from Odessa and other cities of all Hebrews holding foreign passports unless also holding "permits of residence." So far as any of these persons are citizens of the United States, I have to ask that you will communicate to the foreign office the desire of the President that law-abiding American Hebrews, on due exhibition of such passports, may receive the adequate permits of residence referred to. Should it prove that no such order has been made, you will telegraph, and in case the order has been issued you will report as promptly as convenient the approximate number of American citizens in the various cities where it is operative affected by it, that I may ap prise Mr. Cox of the facts. I am, &c., FRED'K T. FRELINGHUYSEN. No. 26.] No. 497. Mr. Taft to Mr. Frelinghuysen. LEGATION OF THE UNITED STATES, St. Petersburg, January 17, 1885. (Received February 6.) SIR: On the receipt of your dispatch No. 7, dated December 18, 1884, relating to the reported order of the minister of the interior of this Government, requiring foreign Hebrews to have a "permit of residence" as well as a passport, in order to reside in Odessa and certain other cities in Russia, I immediately addressed a letter to the foreign office, containing specific inquiries on all the points covered by the dispatch, and communicated the desire of the President that "permits of residence" be granted to law-abiding American Hebrews. I have also personally called on the secretary of foreign affairs, and on the secretary of the interior, and have likewise made inquiry of ambassadors of countries which have Jewish citizens residing in Russia. There is undoubtedly such an order as you describe in force, but it is not limited to Jews. No foreigner is allowed to reside in Russia without a "permit of residence," as well as a passport. The difficulty is that the Government, in granting permits and licenses, discriminates against foreign Jews, according to certain laws in force in Odessa and other cities, and declines generally to grant permits of residence to them unless they are merchants of the first guild, paying annually 800 rubles each for a license. This is undoubtedly a different rule from that adopted by the Government for other foreigners, or for native Jewish citizens, and I have so presented the case to the secretary of foreign affairs. But it is claimed by this Government that while according to Article I of the treaty of 1832 American citizens "enjoy the same security and protection as do the inhabitants of the country in which they reside, it is upon the condition that they submit to the laws and ordinances established there, and particularly to the rules of commerce in force," and "that as a matter of fact Israelites are subjected to a particular régime in Russia, regulated by laws and ordinances, and rules for commerce, industry, and the police," and "further, that this régime, referring to all foreign Israelites without national distinction, cannot be considered in the case of one individual Hebrew to whom it applies as any violation of the treaty of December 18, 1832." It is pretty clear that this Government adheres strongly to the opinion that it is essential to the interest of the Empire to restrict by law the residence of foreign Jews in the cities of the Empire. I find that Germany has many more cases of the kind than we have, and England also has Hebrew citizens residing in Russia, though not so many as Germany. Both Germany and England have conventions with Russia similar to that existing between the United States and Russia. Indeed, I think the articles are identical. I understand that the German Government does not dispute the right of the Russian to adopt these laws in the regulation of its internal affairs, notwithstanding the convention. Although the principle has been questioned by the English Government, the regulations of the Russian Government on the subject have been submitted to without any disturbance of friendly relations. As to the number of American Hebrews residing in the cities of Russia, accurate information is difficult to obtain, if it be at all practicable. I have requested the foreign office to give me such information on the subject as may be practicable, and I shall make such other inquiries as I can; but from the best information I have been able to obtain, my belief is that American Hebrews in Russia are very few. There is an evident belief on the part of the Russian Government that most of the Jews who have gone to America obtained letters of naturalization, and returned to Russia for business are speculating on their naturalization papers to evade their military duty to the Russian Gov ernment. I write this statement without waiting for a specific written answer to my before-mentioned communication to the foreign office on the subject of your dispatch No. 7, as it may be some time before the answer will be received, and I believe that I am able to give a correct idea of the position of this Government on the subject from the verbal communications I have exchanged with the secretary of foreign affairs and from other sources. I have, &c., ALPHONZO TAFT. No. 30.] No. 498. Mr. Taft to Mr. Bayard. LEGATION OF THE UNITED STATES, St. Petersburg, March 18, 1885. (Received April 6.) SIR: Referring to instruction No. 7 from the Department of State to this legation and to my answer in part thereto, numbered 26, I have now the honor to send the answer of this Government to my application, made in pursuance of said first-named dispatch, with a translation thereof. I am, &c., ALPHONZO TAFT. [Inclosure in No. 30.1 Mr. Vlangaly to Mr. Taft. IMPERIAL MINISTRY OF FOREIGN AFFAirs, Mr. MINISTER: Your note of December 22, 1884 (January 3, 1885), with which you favored the imperial ministry, had for object to obtain information on the point whether the Imperial Government had issued an order by which all foreign Israelites were expelled from the city of Odessa and other localities in the Empire. You at the same time expressed in the name of your Government the desire that permits of residence might be given to all Jewish citizens of the United States of America. I have to-day the honor to inform you, on a communication from the ministry of the interior, that no such action has been taken by the Imperial Government. In regard to furnishing the Jewish citizens of America with Russian permits of residence, the minister of the interior observes that he cannot comply with this request, as according to the regulations established on this subject every foreigner having his national passport in due order is obliged, on his own application, to be furnished by the competent Russian authority with a permit of residence. The law at the same time grants to foreigners the right to bring complaint for any irregularity that may take place in this respect. I have also to add that the Imperial Government is unable to supply the legation of the United States with statistics concerning the number of the Jewish American citizens residing in Russia. Receive, &c., A. VLANGALY. No. 15.] No. 499. Mr. Bayard to Mr. Taft. DEPARTMENT OF STATE, Washington, March 30, 1885. SIR: I inclose a copy of the sundry civil act, approved March 3, 1885, and, calling your attention to the marked clause thereof, "to enable the. President to bestow testimonials as recommended in his mes sage, &c., upon those officers and subjects of the Russian Government who extended aid to the survivors of the Jeannette Arctic exploring expedition, &c.," have to say that I have addressed the Secretary of the Navy in the matter, with the hope that early action may be taken to place the Russian benefactors of the survivors of that expedition in possession of the testimonials which this Government will provide. Any action on the part of your legation which may facilitate the delivery of these articles when brought to Russia by the agent of the United States, appointed or detailed for that purpose, will be appreciated. I am, &c., [Inclosure in No. 15.-Extract.] T. F. BAYARD. SUNDRY CIVIL ACT, APPROVED MARCH 3, 1885. To enable the President to bestow testimonials, as recommended in his message of January 27, 1885, upon those officers and subjects of the Russian Government who extended aid and comfort to the survivors of the Jeannette Arctic exploring expedition and assistance to the parties dispatched by the Government of the United States to relieve and succor the said survivors, and to convey to the Government and people of Russia an expression of the high appreciation in which the Government and people of the United States hold the humane services so rendered, the sum of $8,000, or so much thereof as may be necessary, the same to be immediately available. No. 500. Mr. Bayard to Mr. Taft. No. 21.] DEPARTMENT OF STATE, Washington, May 25, 1885. SIR: I inclose a copy of a letter from Hon. Felix Campbell, M. C., and of the statement of Mr. Israel Müller, which he transmits touching his arrest recently in Russia. Mr. Müller, who is an American citizen, was professedly arrested because he had abandoned Russian allegiance without permission, a penal offense, you are aware, under Russian law. It is probable, also, that he is a Jew, and his case may have been affected by that circumstance, and in this connection you are referred to previous correspondence in cases of that class, on the files of the lega tion. I conclude that the matter was not brought at the time to the notice of the legation. Please report in this regard, and state your conclusions as to whether any way is open to obtain redress in this case, or to prevent the recurrence of such cases. I am, &c., T. F. BAYARD. [Inclosure in No. 21.] Mr. Campbell to Mr. Bayard. NEW YORK, May 18, 1885. SIR: I beg leave to ask your careful consideration of the inclosed narrative of Israel Müller, in whose case I feel deeply interested. Will you please let me know at your convenience what steps you may decide upon taking in this matter and oblige, Yours, &c., FELIX CAMPBELL, M. C. |