Mr. Tower to Mr.
Hay.
Embassy
of the United States,
St.
Petersburg, January 10,
1901.
No. 381.]
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 respect-fully
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
[Page 447]
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.
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
[Page 448]
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.]
Mr. Bornholdt
to Mr. Tower.
United States Consulate,
Riga, November 20, December 3,
1900.
No. 16.]
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.,
N. P. Bornholdt,
United States Consul.
[Inclosure 2.]
Mr. Bornholdt
to Mr. Tower.
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.,
[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.
Before taking up this case I shall require some further details as to
Mr. Margolin, the country of his origin and his connection with
America. As he is a naturalized citizen of the United States, I wish
you would ask him to state to me 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 general what American interest he may have, if any, to
strengthen his claim for protection as an American citizen.
[Page 449]
I return to you herewith the certificate of naturalization of
Giovanni J. Margolin, before the district court of the United States
for the southern district of New York, on the 2d day of October,
1900; and the passport of Giovanni J. Margolin, No. 2386, issued by
the Hon. Andrew D. White, at the United States embassy in Berlin, on
the 1st day of November, 1900.
I am, etc.,
[Inclosure 4.]
Mr. Bornholdt
to Mr. Tower.
Consulate of the United States,
Riga, November 25/December 8, 1900.
No. 17.]
concerning mr. g.
margolin.
Sir: I beg to acknowledge the receipt of
you letter of the 6th instant inclosing Mr. Margolin’s passport and
certificate of naturalization.
I wrote simultaneously to the said person, requesting him to furnish
you the desired information on the direct way.
I have, etc.,
[Inclosure 5.]
Mr. Margolin to
Mr. Tower.
Vitebsk, December 4/17,
1900.
Your Excellency: A few days ago I received
a letter from the United States consul at Riga, where I applied for
kind assistance to protect my sojourn in Russia as an American
citizen, with the instruction to furnish the embassy on the direct
way with some further details in regard to my person. I hereby take
the liberty to comply with the order of the consul, and I venture to
hope that the honorable embassy will convey my petition. The origin
of my country is Austria, and I was born on the 10th of October,
1868, at Stanislau, Austria, of Jewish parentage. After finishing
different colleges of education in Austria and Germany, I went to
New York with the purpose of entering a business career. I landed in
New York on the 4th day of January, 1895, and lived there all the
time until October 4, 1900, when I sailed for Europe. I was employed
there for several years in prominent commercial houses as a
bookkeeper. After acquiring some of the important methods how to
transact and own business, and possessing partly the American
language, I represented in partnership with another gentleman under
our own firm a large concern in “American novelties” for the State
of New York. Finally I was engaged in the real estate and insurance
business for myself until my departure with a success capable of
being named. I have never been taxed there and I have never served
upon a jury. My intention and good will are to stay a citizen of the
United States. Under the circumstances that I have a great number of
relations in Russia and which are well connected with business
houses of influence, I expect, by importing different American
novelties exclusively for Russia, to approve as well with the
interests of my country, as I think it will provide convenient for
my share. Therefore I request of the highly esteemed embassy to
secure for me the permission to stop in this country at least as
long as my passport, which I presume was sent to the embassy with my
citizen paper by the consul at Riga, is entitled to his rights.
Trusting that my petition will find a a favorable assistance with
the honorable embassy, I have, etc.
[Inclosure 6.]
Mr. Tower to
Mr. Margolin.
Embassy of the United States,
St. Petersburg, January 2, 1901.
Sir: I have received your letter, dated at
Whitebsk the 4–17th of December, 1900, in which you reply to the
questions which I asked of Mr. Bornholdt, United States consul, in
regard to your nationality and your naturalization in America.
[Page 450]
You now request me to secure for you a permit to reside in Russia “at
least as long as your passport.” By this I judge that you would like
a permit for two years with the privilege of having it renewed when
you renew your passport. Is this not so, or do you wish a permanent
residence in Russia?
Yours, etc.,
[Inclosure 7.]
Mr. Margolin to
Mr. Tower.
Vitebsk, January 6,
1901.
Your Excellency: I have received your
letter of January 2, with which your excellency had the kindness to
honor me, and I hasten to submit to your excellency an obedient
reply. It will deign perfectly to my satisfaction if your excellency
shall favor me with the grace to secure for me a permit to reside as
long as my passport, as issued by the esteemed embassy of the United
States at Berlin for two years, is current. In case my enterprises
should exhibit a favorable result, in every respect, I would prefer,
if possible, having the privilege of renewing your excellency’s, for
me, kind obtained permit, together with my passport, after its
expiration. I presume that to secure a permanent residence in Russia
will be connected with many difficulties, therefore I have decided
to aim at that idea. Finally, I take the liberty of mentioning the
fact that the permission of my sojourn in Russia, originally granted
to me by the Russian minister, as your excellency will kindly notice
of my passport, will soon lose its validity, in consequence of which
I hereby request of your excellency to relieve my case, to your
excellency’s earliest convenience, with an affirmative success.
I have the honor to be, etc.,
[Inclosure 8.]
Mr. Tower to
Mr. Margolin.
Embassy of the United States,
St. Petersburg, January 9, 1901.
Sir: I have received your letter of the 6th
of January. You tell me, in reply to my inquiry, that you wish to
obtain a permit to remain in Russia at least for two years, and, if
possible, the right to live here permanently.
I have submitted your case to the Department of State, at Washington,
and shall inform you immediately upon the receipt by me of its
decision.
In the meantime, I say to you that, in view of the fact that you
lived in the United States barely long enough to become a citizen;
that you never performed any service there whatever, or paid any
taxes; and that you left America immediately upon having obtained
your certificate of naturalization, you are not likely to be looked
upon as one in a position to call upon the United States Government
to interest itself in securing privileges for you abroad.
Yours, truly,
