to Charles Lassonne, a naturalized citizen, with whom she lived in Moscow until his death some years ago.

She applied to the United States legation in St. Petersburg for a passport in 1897, and her application was submitted to the Department of State by the Hon. Clifton R. Breckinridge in his dispatch No. 489, of the 23d of February of that year.

The decision of the honorable Secretary of State, given in Mr. Sherman's dispatch No. 379, of the 15th of March, 1897, was that the application of Mrs. Lassonne could not be granted, and an American passport could not be issued to her because, as her husband had died. and she had never been in America, she was held to have lost the American citizenship acquired by her in her marriage with him.

The honorable Secretary expressed his decision as follows:

By the usual rules of continental private international law a woman marrying an alien shares his status, certainly during his life; but thereafter on widowhood reverts to her original status unless she abandons the country of her origin and returns to that of her late husband. Were Mrs. Lassonne now sojourning in Switzerland it would probably be claimed that she had on widowhood reverted to her character as a Switzer; and the converse claim that she had become a citizen of the United States by operation of the laws of the United States, without ever having been within their jurisdiction, would probably be contested by Switzerland. As the lady, however, is not in her native country, but in a third state, this point is not material to the question whether she is or is not entitled to protection as an American citizen. It is merely mentioned by way of suggestion that, as she is certainly not a Russian so far as appears and is not entitled to protection as an American citizen, her Swiss character may be found to remain intact, entitling her to a Swiss passport.

The Department's conclusion is that it can not authorize you to grant Mrs. Lassonne a passport upon the facts as stated by you.

The only new matter presented by Mrs. Lassonne in her present appeal, which I have the honor to lay before you, is the decision of the Swiss Federal Council, a copy of which is hereto attached, that she lost her Swiss citizenship by her marriage with a foreigner, and that she can not resume her original nationality upon the death of her husband. Therefore she asks to be recognized as an American.

Mrs. Lassonne, who is 54 years of age, supports herself in Moscow by teaching. She is too poor to go either to America or to Switzerland, and she has sent me a certificate issued by Dr. Kramoreff, of Moscow, declaring that she is physically too weak to travel far. A copy of that certificate is also hereto attached.

In submitting this case I beg leave to ask for further instructions in the matter.

I have, etc.,

[Inclosure 1.]

CHARLEMAGNE TOWER.

Mrs. Lassonne to Mr. Tower.

Moscow, October 21, 1901. SIR: The first thing I will do is to beg pardon for intruding upon you, but I feel duty bound to let you know what my next step will be concerning my claims to an American passport. You have returned the papers sent you through our United States consul resident in Moscow, Mr. Smith, saying that you could not issue a new passport to me, as the same had been refused to me four years ago.

Well, sir, allow me to explain my circumstances to you: In 1874, at the legation of the United States at St. Petersburg, I was married to Mr. Charles Lassonne, a citizen of the United States of America, city and county of New York. My husband had at the time a temporary domicile in Moscow, and never had the intention of remaining here in this country, but he got ill, and during many years has been ailing, incapable of earning anything, or working to maintain wife or family. I had to work to keep

him. All these facts I can prove by witnesses, certificates, records of hospitals, etc.; even the Rev. Henry Bernard, former chaplain of the British church in Moscow, could certify the truth of my assertions. When my husband died his papers were sent to Washington. I had my own passport delivered to me at the embassy in Constantinople. As the new American law came out I was told that the passports were issued only for the term of two years. I immediately made an application to the minister in St. Petersburg and I received my document. I changed it again when the time came; and four years ago what was my astonishment to learn that my passport had been kept by the minister and a new one refused to me, under the plea that my husband having willfully abandoned his American residence, I, his widow, had lost my right to an American passport, being no longer a citizen, and that according to a certain international law that should exist (sic) any European woman married to an American lost her rights at his death and became what she was before-that is to say, for me, a Swiss citizen. Well, sir, I took a Swiss advocate, Mr. Magnin, in Geneva, sent all my papers to him. He submitted them to the American consul in Geneva, who said about the same thing to him. Then Mr. Magnin, acting for me, applied first to the cantonal council, then to the Federal Council of Switzerland, and you will find inclosed a copy of the decision of both councils. So, now, sir, I would like to know what I am. The American minister says I am a Swiss; the Swiss Government says I am an American by marriage. Mr. Breckinridge sends me to America to fulfill my duties as an American citizen. Sir, I am an old woman, a great invalid; here I send you the certificate of my physician; I can not undertake such a voyage, and if I were to break my home, my connections, my livelihood to start a new life, should I land there to go to the workhouse?

I have said all; now remains me to ask you, sir, to take my state into consideration, to grant me that paper, as it is the only means of living quiet the few days that are left to me. Should you find it impossible to grant me my requirement I will write to Mr. John Hay, in Washington, and lay the whole case before him. You must see, sir, that I suffer through the incapacity of some officials.

With best respect, etc.,

L. LASSONNE.

[Inclosure 2.-Translation.]

Certificate.

Moscow, October 7, 1901.

I certify hereby that Madame Louisa Ivanovna Lassonne, an American citizen, aged 54, is suffering from chronic arteriosclerosis, together with myocarditis, in consequence of which it is impossible for her to undertake a long journey.

The State council of the Canton of Vaud.decides:

"That the community of Chessel is absolutely in the right in refusing to grant a certificate of origin to Madame Lassonne, widow.

"That in conformity with the civil rights of the Canton of Vaud a woman of that Canton who marries a foreigner takes the nationality of her husband; she therefore loses her nationality and her right to citizenship of the Canton of Vaud." The State council of Vaud refers us, however, to the political federal department, to whom we have applied immediately.

MAGNIN, Attorney-at-Law.

[Inclosure 4.-Translation.]

FEDERAL COUNCIL.

In the matter of the appeal from the decision of the community of Chessel and the State council of the Canton of Vaud, the Federal Council decides:

"That the authorities of the Canton of Vaud are justified in refusing a naturalization certificate to Madame Lassonne, a widow, by birth Schülz, who through her marriage with a foreigner has lost her original citizenship."

No. 264.]

Mr. Hay to Mr. Tower.

DEPARTMENT OF STATE,

Washington, December 6, 1901. SIR: I have to acknowledge the receipt of your No. 499, of the 20th ultimo, inclosing copy of a letter from Mrs. L. Lassonne, appealing for a United States passport.

You refer to the Department's No. 379, of March 15, 1897, to Mr. Breckinridge, in which the Department declined to issue a passport to Mrs. Lassonne.

The opinion of the Department that Mrs. Lassonne was not entitled to a passport was not based on the hypothesis that she would be claimed as a Swiss citizen by Switzerland. This was merely mentioned as a suggestion that she might possibly secure a Swiss passport. The decision of the Department was based upon her abandonment of the citizenship which she acquired by her marriage to a citizen of the United States.

I quote from the instruction:

*

*

*

*

It appears that the applicant, being a native of Switzerland, was married in St. Petersburg in 1874 to Mr. Charles Lassonne. * She is now a widow. She has never been in the United States, and has no apparent intention of coming hither. * The only question for the Department to consider is whether, under the circumstances, Mrs. Lassonne is entitled to protection as a citizen of the United States. Mrs. Lassonne's claim can, of course, be no better than her husband's would be, were he alive; and it would seem that at some time in or prior to 1874 he virtually abandoned his American residence for a European domicile. The widow's case is even weaker, for, during nearly a quarter of a century since her marriage, she has never enjoyed an American domicile.

While the Department's sympathies are with Mrs. Lassonne, it thinks that she is not entitled to a passport as an American citizen.

I am, etc.,

JOHN HAY.

PROTECTION IN RUSSIA OF A NATURALIZED AMERICAN CITIZEN OF JEWISH FAITH.

Mr. Tower to Mr. Hay.

No. 381.]

EMBASSY OF THE UNITED STATES, St. Petersburg, January 10, 1901. SIR: I have the honor to report to you the case of a naturalized American citizen, named Giovanni J. Margolin, who has recently come to Russia and now asks this embassy to secure for him the privilege of remaining here for an indefinite time.

The subject of this gentleman's request was brought to my attention by the United States consul at Riga, a copy of whose letter, dated the 3d of December, as well as of the entire correspondence, is respectfully submitted herewith.

This Mr. Margolin is an Austrian by birth, 32 years of age, who emigrated to the United States in 1895, and was naturalized before the district court of the United States for the southern district of New York, on the 2d day of October 1900. He has come to Russia with every apparent intention of remaining here; having, as he says, "a great number of relations in Russia, and which are all connected

with business houses of influence." As he is a Jew, however, he has been granted a limited permit, which as you well know is required under the provisions of the Russian law, by which he is authorized to reside within the Empire for three months. But not content with this, he calls upon this embassy to exert the influence of the United States Government in his behalf to the end that he may secure permission to stop in this country as long as my passport." The passport which he presents is dated at Berlin the 1st day of November, 1900, and was issued there by the Hon. Andrew D. White, United States ambassador.

66

Upon the receipt of this communication through Mr. Bornholdt, United States consul, I replied that I should require some further details as to Mr. Margolin's origin and nationality before I could take up his case, and that I wished to know more clearly what his connection is with America and upon what ground he calls upon the Government of the United States to serve him.

Thereupon Mr. Margolin wrote me the letter of the 17th of December, from Whitebsk, which forms part of the correspondence hereto attached.

It appears from the details which I have been able to obtain that this man was naturalized only last October and left America at once, for we find him already in Berlin equipped with an American passport on the 1st day of November. He has no interest in the United States that I can discover; he has never paid any tax there; has never served upon a jury. In fine, he has rendered no service of any kind to the country.

Immediately upon coming to Europe, however, he seeks to employ his newly acquired citizenship, not for protection against personal injury, but for the acquirement of privilege in the furtherance of his own aims.

In order to ascertain definitely whether Mr. Margolin intends in good faith to return to the United States and perform there his duties as an American citizen or not, I wrote to him on the 2d of January asking him whether he wished a permit to live in Russia for two years, the period for which he holds his present American passport, and whether he sought also to remain here permanently.

By his reply, dated the 6th of January, to which I have the honor to refer you, he informs me that he intends to live permanently in Russia if the Imperial authorities will allow him to do so.

There is nothing to show that this man had any interest in becoming an American citizen beyond the purpose of using the advantages of citizenship in order to obtain privileges abroad which certainly would not have been asked for in his behalf by his own representatives if he had come to Russia directly from the country of his origin. Nor is it unreasonable, from his own presentation of the case, to assume that he has already substantially abandoned his duties and obligations as an American citizen.

It is true, he declares in his letter to me of the 17th of December, "I expect by importing different American novelties exclusively for Russia to approve as well with the interest of my country as I think it will provide convenient for my share." A statement which I incline to regard rather as an appeal to sentiment than an indication of a serious purpose to develop American industry. And I have not been willing to comply with Mr. Margolin's request because, if we have on

the one hand his unsupported declaration that he intends to introduce American wares into Russia, I respectfully submit that we have on the other a plain attempt to abuse an American certificate of naturalization. I have, etc.,

[Inclosure 1.]

CHARLEMAGNE TOWER.

Mr. Bornholdt to Mr. Tower.

No. 16.]

UNITED STATES CONSULATE, Riga, November 20, December 3, 1900.

SIR: According to the inclosed United States passport with Russian visé, the bearer of the same, Mr. Giovanni Margolin, has obtained the permission to stay in Russia for a period of three months on account of his being of Hebrew origin.

Mr. Margolin informs me that he has come to Russia with the intention of forming commercial relations here, and that for this purpose he deems it necessary to prolong his stay here for about two years.

Although this seems to be rather a long time, I make free, at the request of Mr. Margolin, to submit the matter to your appreciation in case it might be possible to obtain for the petitioner the desired permission.

I have, etc.,

[Inclosure 2.]

Mr. Bornholdt to Mr. Tower.

N. P. BORNHOLDT,

United States Consul.

UNITED STATES CONSULATE, Riga, November 20, December 3, 1900.

SIR: Mr. Margolin, concerning whom you will receive simultaneously an official letter from this consulate, referred to a similar case, which, he asserted had taken place some time ago.

In this case, he said, the permission (to stay in Russia) had at first been refused by the Imperial Government, but had been granted later on, in consequence of a direct appeal from the Hebrew in question to United States President.

You are of course the best judge concerning the attention which this tale deserves. However, as I understand that Mr. Margolin intends, in case of refusal, to address a similar appeal to the President, I have considered it not quite superflous to mention to you what he told me.

I have, etc.,

N. P. BORNHOLDT.

[Inclosure 3.]

Mr. Tower to Mr. Bornholdt.

EMBASSY OF THE UNITED STATES.
St. Petersburg, December 6, 1900.

SIR: I have duly received your letter of the 3d of December, and your personal letter of the same date, in regard to Mr. Giovanni Margolin, who wishes to have a permit which he has received from the Russian authorities to reside for three months within the Empire extended for a period of two years.

as to Mr. As he is a state to me

Before taking up this case I shall require some further details Margolin, the country of his origin and his connection with America. naturalized citizen of the United States, I wish you would ask him to where and when he was born, when he emigrated to America, where he lived, and what his occupation was while there, when he left there. Ask him also to state whether he pays any taxes in the United States; and if so, how much and where. I wish further to know whether he has ever served upon a jury there; and in genral what American interest he may have, if any, to strengthen his claim for protection an American citizen.