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REIGN OF THE SOVEREIGN EMPEROR NICHOLAS I
1850 yr.
.
612. -- January 18. From the Senate. --
On the expulsion of the runaway Jews from Russia and Austria.
The Governing Senate listened to the proposal of the Minister of Justice, in which he
explained that on November 28
th
, 1849 the State Chancellor had forwarded to him, the Minister,
a copy and Russian translation of the declaration signed by him [the State Chancellor] in St.
Petersburg on October 8
th
, 1849 concerning the reciprocal deportation of the runaway Jews of
Russia and Austria. Our Ambassador, the Privy Councillor Count Medem
1
exchanged this
declaration on October 30
th
(November 11
th
by the New Calendar Style) with the Austrian
Minister of Foreign Affairs Prince Schwarzenberg who signed the same declaration on
November 8
th
of the New Style Calendar. He, the Minister of Justice, presents to the Governing
Senate the abovementioned copy of the declaration and its translation for the
general/omnipresent promulgation and proposes making of the necessary directions to those who
are authorized to carry on such orders. Thus it was ordered: (to send the decrees to where
applicable).
DECLARATION
In accordance with their good relations as neighboring countries and willingness to determine
by mutual agreement procedures of the expulsion of the runaway Jews from the territories of one
of the two states to the other, the governments of Russia and Austria agreed in the following
articles: 1) Jews, Russian citizens/subjects who move to Austria without the established
residence forms or without any legal permission, or those whose passports or other papers prove
to be invalid for reasons of non-renewal of them at the prescribed/issued time, will be sent back
to Russia. 2) However, they will be allowed to enter Russia only if their belonging to Russian
citizenship will be properly proven, and if their absence [from Russia] lasted not more than five
years. 3) This five-year period will be considered from the time of their unlawful absence.
However, this limitation period [statute of limitations] will be interrupted by the first declaration
with which the Austrian authorities will inform the Russian authorities about their intent of
deportation of a runaway/fugitive. Then that time which will be spent in the search for a proof of
present citizenship will not be included in the account of the five-year term.
4) The aforesaid decisions/measures equally apply to those Jews who have illegally left their
country before the exchange of this declaration. 5) The five-year limitation will not extend to
those Jews who, prior to crossing the border, commit any crime or misconduct and this
declaration confirms that they must be extradited at the first demand, regardless of the duration
of their stay away from their own country.
This declaration will be exchanged with the same declaration from the Ministry of His
Imperial and Royal Apostolic Majesty.
2
Provisions included in this Declaration will take effect
from the official day of the exchange of the Declarations.
In corroboration of which, the undersigned State Chancellor, empowered with this authority
by His Majesty the Emperor of All-Russia, signed this act; and to it, the seal of the Imperial
Ministry of Foreign Affairs is attached.
In St. Petersburg on October 3
rd
, 1849.
On October 30
th
(November 11
th
), 1849, this declaration was exchanged by the Imperial-
Russian envoy at the Vienna Court, to the same declaration signed on November 8
th
(new style
calendar) by the Austrian Minister of Foreign Affairs Prince Schwarzenberg (V.P. S. Z., Vol.
XXV, No. 23,845).
1 Earl Pavel Ivanovich Medem (1800-1854) - Russian diplomat, Privy Councillor, Chamberlain
of the old Courland clan; in 1841 - 1850 the head of the Russian embassy in Vienna.
2 Franz Joseph I of Austria was titled "His Imperial and Royal Apostolic Majesty" (Seine
Kaiserliche und Königlich Apostolische Majestät) along with his consort Empress Elisabeth, who was
styled "Her Imperial and Royal Apostolic Majesty" (Ihre Kaiserliche und Königlich Apostolische
Majestät). (See Wikipedia)
Translation and notes by Anastasia Savenko-Moore and Rick Moore, Eugene OR.
Funded by the Memorial Foundation for Jewish Culture NYC, http://mfjc.org/.