Schuyler, esq., the then chargé d'affaires ad interim between the departure of the Hon. Marshall Jewell and the arrival of his successor, the Hon. George H. Boker, formerly ministers of the United States to Russia. This passport the applicant has retained since that date, though he has never signed it; and, as there is nothing on the face of the passport to indicate that it can ever expire, he has had no difficulty in continuing its use. He desires, however, for the purposes of proper identification, in connection with a certain inheritance, to secure a new passport for himself and wife, made out in his full name, and has presented his old passport and his naturalization certificate, as well as the certificate of his birth registration, at this embassy, to that end. He states that he is childless and in bad health, and presents a physicians' certificate to the effect of the latter allegation, which is inclosed herewith, as is also a copy of his letter transmitting the same. He has not revisited the United States since his first arrival in Russia, the autumn of 1856, and, on account of his age and health, has no intention of returning to America. He has, until his call at this embassy, been unaware of any requirement of the Government of the United States that he return to the country of his adoption, and until recently he has been ignorant of any regulation providing that a passport be renewed after the expiration of two years. In case the department should decide that no passport be issued him in the form he has requested, he desires that he be permitted to retain his old passport, which has been returned to him pending the decision of the department in the matter, that he may continue to reside in Russia without molestation, in accordance with the Russian police regulation requiring foreigners to possess and exhibit their national passports. He represents no American interests in Russia, but has been employed by American firms on several occasions to make translations. I should be greatly obliged if the department would inform me of its ruling on the status of such passports as that possessed by this applicant, as well as to instruct me as to my action in this present case, in view of the circumstances which have been herein set forth. I have, etc., G. VON L. MEYER. No. 464.] Ambassador Meyer to the Secretary of State. [Extract.] AMERICAN EMBASSY, St. Petersburg, March 14, 1906. SIR: In further reference to the matter of my No. 369, of December 26 last, I have the honor to inform you that a tentative directory of the American citizens in Russia has been compiled, and under my direction, from information furnished, on request, by the American consular officers throughout the Empire. As the completeness of the directory must necessarily depend on the accuracy and zeal with which the consular officers respond to the request for this information, the lists are of varying value, and only those furnished by the consul at Moscow (already transmitted to the department) and the viceconsul at Warsaw are of the desired character. On account of the insecurity of the mails at the time when the matter was first broached, two of the letters requesting such lists appear to have gone astray, and there has not yet been time to receive replies from the second request made of the consular officers at Batum and Vladivostok; also the consular agent at Abo, but recently confirmed in his office, has as yet made no report. Leaving out of consideration these three consular districts, where the American population is probably not considerable, the inquiry would appear to show 283 American citizens in more or less settled residence in Russia. This figure is certainly incomplete. The division is as follows: In this connection a matter has been brought to my attention which I desire to refer to the department for its information and advice. In spite of the police regulation in Russia requiring aliens to possess and exhibit from time to time their national passports, of the 283 American citizens now residing in Russia only 129 are known to this embassy to possess American passports in good order. Of the remainder, 50 appear to be living on passports which have expired, and while it is possible that some of this number have had passports renewed at other embassies or legations many cases are known where Americans continue to satisfy the police regulations with passports which have long since passed the limit of their value. It is also possible that of the 104 whose means of remaining in Russia under the existing police regulations are unknown to the embassy, a considerable number may be residing with passports issued elsewhere than in Russia, the valid duration of which may have expired. In some cases where new passports have been denied applicants it is known to the embassy that these bearers of expired passports continue to employ them and to obtain of the Russian authorities the protection accorded American citizens by virtue thereof. In addition to this it is worthy of note that there are at least 11 cases on record at this embassy in which passports have been issued with the warning, for cause, that no further passport would be issued to the applicant; but as, under the present system of keeping passport records, this fact can be known only to this embassy, it would be perfectly simple for an applicant so provided with a passport, in no way different from any other, to renew the same an indefinite number of times at other embassies or legations, without the knowledge of this embassy. As for the matter of expired passports in use in Russia and other cases which arise from time to time where persons claim the priv ileges of American citizenship without having discharged the duties thereof, I beg to suggest, if it meet the approval of the department, the embassy be authorized, at its discretion, to request American consular officers in cases of this sort to inform the local police authorities that the passports in possession of such persons are invalid, as they require renewal. In this way the embassy could clear itself of the responsibility for the acts of such persons who for reasons of their own might not desire, after such warning had been given, to regularize their status both in the eyes of the police and to the knowledge of the embassy. I feel sure that much of the question as to the rights of citizenship of applicants to this embassy for assistance or protection, which so often delays and hampers the action of the embassy, might thus be obviated. I have, etc., No. 125.] G. VON L. MEYER. The Secretary of State to Ambassador Meyer. DEPARTMENT of State, Washington, March 20, 1906. SIR: The department has received your No. 445, of February 15, 1906, asking whether you should issue a passport to John George Joseph Albert von Mertzenfeld, who was born in Germany, naturalized as a citizen of the United States on September 16, 1856, and received a passport, No. 14602, from this department September 17, 1856. He subsequently received another passport from the legation at St. Petersburg July 30, 1874, and has continued to use these old passports up to the present time, having been ignorant until recently that their validity had expired. You submit a certificate from a physician to the effect that Mr. von Mertzenfeld's age and physical ailments are such as to render it dangerous for him to undertake a journey to the United States. The department is of the opinion, however, that at this late day this is an unimportant circumstance in determining whether he should receive a passport. As he has been resident abroad for half a century, and left the United States the day after he acquired his citizenship, the department is not inclined to believe that the animus revertendi has ever existed in his case. You state that he has been employed on several occasions by American firms to make translations, but such employment obviously does not bring him within the category of those who are residing abroad in extension of legitimate American enterprises, and who, consequently, receive prolonged protection from this Government. The old passports which Mr. Mertzenfeld holds were not at the time they were issued intended to be indefinitely effective. When the passport of 1856 was issued a person was expected to receive a new passport each time he might go abroad and to renew his passport while he was abroad at a legation or consulate annually. By the department's circular of September 1, 1873, the duration of the passport was limited to a period of two years; but it is only since 1892 that the statement "Good only for two years from date "has been printed on each passport issued. (See The American Passport, p. 75.) The recognition as an American citizen which Mr. Mertzenfeld now receives from the Russian Government through these old passports is due to ignorance on the part of the Russian officials of the regulation of this Government limiting the duration of passports. The continued use of the passports by Mr. von Mertzenfeld is, therefore, improper, and they should be surrendered to your embassy, and, if there be no other circumstances than those set forth in your dispatch to excuse the prolonged residence of Mr. von Mertzenfeld outside of the United States, you are instructed to refuse to issue him another passport. I am, etc., ELIHU ROOT. The Acting Secretary of State to Ambassador Meyer. No. 132.] DEPARTMENT OF STATE, Washington, April 14, 1906. SIR: I have to acknowledge the receipt of your No. 464, of the 14th ultimo, on the subjects of the use in Russia of expired passports. In reply I have to say that, while the department disapproves of the use of expired passports and wishes to discourage the practice so far as it can, it is not prepared to authorize consular officers to notify the police, whenever an expired passport is being accepted as evidence of the citizenship of the holder that it is invalid, as such a course would probably lead to the molestation of the holder, who might really be an American citizen. Cases of imposition coming to your attention should be dealt with according to their merits, and notification of the invalidity of a passport may be made to the police when the circumstances surrounding the case warrant such action. I am, sir, etc., ROBERT BACON. MURDER OF VICE-CONSUL STUART AT BATUM. The Russian Ambassador to the Secretary of State. MEMORANDUM HANDED MAY 22, 1906. [Translation.] His Excellency Mr. Iswolsky, Minister of Foreign Affairs, to Baron Rosen, Ambassador of Russia at Washington. ST. PETERSBURG, May 21, 1906. The Viceroy of Caucasia telegraphs me as follows: "On May 20, at 11 p. m., Mr. Stuart, American consul at Batum, was mortally wounded near his country seat, in the village of Moskhindjaour. Death ensued in an hour. The motive of the crime is unknown. Investigation is vigorously carried on. I have ordered the governor to take energetic measures for the detection of the malefactors and to communicate the result to me." Ambassador Meyer to the Secretary of State. [Telegram.--Paraphrase.] AMERICAN EMBASSY, St. Petersburg, May 21, 1906. (Mr. Meyer states that the British consul has reported to him that Stuart, American vice-consul at Batum, was murdered last night, and that the murderers are unknown.) The Acting Secretary of State to Ambassador Meyer. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Bacon directs Mr. Meyer to urge authorities to identify and punish murderers; also directs him to ask the British consul to take charge of the American interests and the American consulate at Batum. Mr. Bacon states that the British Government has been asked to give permission.) No. 519.] Ambassador Meyer to the Secretary of State. AMERICAN EMBASSY, St. Petersburg, May 24, 1906. SIR: I beg leave to confirm my cable of the 21st, reading as follows: " a I at once notified the British embassy, as Stuart was a British subject, and reported the news to the foreign office, asking to have it officially confirmed. I have the honor to acknowledge your cable instructions received in cipher, the true reading of which is: " I had anticipated your instruction, and on the evening of the 21st cabled you as below: The foreign office has just advised me of the following telegram, received at 11 o'clock p. m., May 20: "American Vice-Consul Stuart was mortally wounded near his country house at the village of Makhindjaouri. He died an hour later. The reason for the attack is unknown. An energetic inquiry is being made. Orders have been given to governor to use strenuous measures to discover murderers and to communicate results of inquiry." In addition to this, the minister of foreign affairs, Mr. Izolsky, wrote personally expressing his condolences and horror at the crime. It seems that Mr. Stuart was in business, representing English firms, and last Christmas was intimidated by a number of workmen into paying a tribute of 3,000 roubles. He has also lately had trouble, it is said, with the longshoremen, on account of a clerk in his employ, and it would appear that this attack had been instigated by personal spite. a Supra. |