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Max James Kohler Papers

 Collection
Identifier: P-7

Scope and Content Note

The Papers of Max J. Kohler document his life's work as lawyer, historian, author, researcher, and defender of Jewish and immigrant rights. Correspondents include many of Kohler's contemporaries in the field of history and immigration law including Cyrus Adler; William Taft; John Bassett Moore; Mortimer Schiff; David Hunter Miller; Baron and Baroness de Hirsch; the Straus Family including Oscar Straus; Luigi Luzzatti; Leon Huhner; and Julian Mack. Subjects include U.S. immigration law, American-Jewish history, Col. Alfred Dreyfus, Haym Salomon, Ellis Island, Rabbi Kaufmann Kohler, the publication God in Freedom, international treaties and the Peace Conference of 1919.

Dates

  • Creation: 1765-1963
  • Creation: Majority of material found within 1888 - 1935

Language of Materials

The collection is in English, German, French, Yiddish, Hebrew, and Italian.

Access Restrictions

The collection is open to all researchers, except items that may be restricted due to their fragility, or privacy.

Use Restrictions

No permission is required to quote, reproduce or otherwise publish manuscript materials found in this collection, as long as the usage is scholarly, educational, and non-commercial. For inquiries about other usage, please contact the Director of Collections and Engagement at mmeyers@ajhs.org.

For reference questions, please email: inquiries@cjh.org

Biographical Note

Max James Kohler

(1871-1934)

Judge Irving Lehman wrote of Max Kohler: "The general public can never know the full value of Mr. Kohler's work. He never sought or desired wide recognition. He did seek the satisfaction of work well done. He did value the respect and even admiration of his friends and fellow-workers. These he received and these were the only reward he desired." In this paragraph written in memoriam to Kohler, Judge Lehman summed up Kohler's life, particularly in regards to Kohler's invaluable, and largely unsung, work on the behalf of immigrants' rights in the United States, his activism on behalf of the Jewish people, and his meticulously researched history of Jews and Judaism in America.

Max James Kohler was born in Detroit, Michigan on May 22, 1871. His father, Reform Rabbi Kaufmann Kohler (1843-1926), was the head of the Beth-El Congregation in Detroit, having arrived in the United States after graduating from the University of Leipzig in 1868. In 1869, Kaufmann married Johanna Einhorn, the third daughter of Reform Rabbi David Einhorn (another daughter married Rabbi Emil Hirsch). Kaufmann and Johanna had four children: Max, Lili, Rose, and Edgar. In 1873, Kohler's family moved from Detroit to Chicago, where Kaufmann briefly led Chicago's Reform Congregation Beth-El.

Rabbi Einhorn (1809-1879), on coming to the United States in 1855, became the leader of the Reform Movement in America, eventually leading the Reform Congregation Beth-El in New York (Beth-El merged with Congregation Emanu-El in the 1920s). Kaufmann Kohler was reared in an Orthodox family, but broke with that branch of Judaism in 1867. When Rabbi Einhorn retired from Beth-El in 1879, Kaufmann moved to New York to take his place, while Rabbi Hirsch filled his position in Chicago. Taking up Einhorn's mantle, Kaufmann (along with Isaac M. Wise) spearheaded the radical Pittsburgh Platform (1885), the formulation of principles melding the U.S. and German wings of Reform Judaism. Both Einhorn and Kohler were prolific writers and outspoken in the defense, propagation, and codification of Reform Judaism. Among the friends and associates surrounding the Kohler family were the Straus, Seligman, and Isaacs families of New York, along with Mortimer Schiff, Cyrus Adler, Louis Marshall, Simon Wolf, and H. Pereira Mendes.

With this legacy of prominent and learned rabbis, leaders, statesmen, and historians as relatives and mentors, Max Kohler developed a deep interest in the laws of Judaism, American and international justice for the Jew and non-Jew alike, literature, history, and scholarship. During his lifetime, he had enough careers for three or four men including: immigration lawyer, community worker, historian, publicist, writer, and honorary doctor of Hebrew Law. He was a prolific writer on immigration law, international treaties and the rights of minorities, a literary and academic critic, editor, and publisher. He served on numerous committees and civic organizations including the American Jewish Committee, the American Jewish Historical Society, the Baron de Hirsch Fund, the Board of Delegates on Civil Rights, the Judeans, the Committee for the 250th Anniversary of the Settlement of the Jews in the United States, and numerous other organizations and committees.

Kohler graduated from the City College of New York with a B.S. in Political Science in 1891, moving on to Columbia College to obtain an M.A. and LL.B. in 1893. After graduating, he became a District Attorney for the Southern District of New York. He left that position in 1898 when he became a partner in the firm Lewinson, Kohler, and Schattman. It was while a partner at this firm that he began taking gratis cases (for 25 years he never accepted payment for any immigration suit he undertook) concerning immigrants of a variety of ethnicities including Jewish, Chinese, Hindi, and Armenian backgrounds. It was Kohler's conviction that the United States was founded as a 'haven of refuge' for the oppressed of all countries, and he fought hard against registration for aliens, the establishment of literacy tests, the establishment of insanity as a legal ground for deportation, international treaties that limited alien intake, and corruption in the Department of Labor's Bureau of Immigration at Ellis Island. Many of the briefs he wrote during his lifetime and his contribution to the body of writings on immigration in the United States are considered classics in law and are cited extensively in immigration circles. In addition, the historical research involved in his briefs and writings contributed much to the field of history.

Kohler took time from his busy life to marry Miss Winifred Lichtenauer, daughter of banker Joseph Lichtenauer, on November 6, 1906. Winifred was in her own right an author and historian, but little remains of her contributions. When she died on December 21, 1922, Kohler, deeply grieved, hurriedly abandoned the home he had made with her and moved back into his family home with his parents and siblings. Much of his correspondence prior to 1922 was discarded.

Ever the workaholic, Kohler died on July 24, 1934. Colleagues and family had urged him to slow down, but Kohler, having been asked by Secretary of Labor Frances Perkins to work on the Ellis Island investigation of 1933-1934, combined with his sense of dread and foreboding to what was occurring in Germany at the time, was propelled to work even harder on behalf of immigrants and Jews. He suffered a mild heart attack in mid-July of 1934, and his sister Lili convinced him to rest by taking a vacation. A week later, while vacationing in Long Lake, NY, he suffered a fatal bout of angina pectoris, and died.

Due to the voluminous nature of his works, the following are brief sketches of Max Kohler's major activities.

Historian, Writer, Editor, Reviewer, and Publicist

Kaufmann and Max Kohler attended the first meeting of the newly organized American Jewish Historical Society in 1892. Max went on to become Secretary of the organization from 1900-1910 and was Vice-President at his death. He worked closely with Cyrus Adler and the AJHS' curator, Leon Huhner, on meeting and donation arrangements, publications, and writings on Jewish history.

According to Nathan M. Kaganoff's article "AJHS at 90: Reflections on the History of the Oldest Ethnic Historical Society in America," toward the end of the 19th century, Jews were coming under considerable attack regarding their legitimacy as American citizens, particularly in light of increasing numbers of Eastern European and Russian Jews emigrating to the United States. Established Jews were becoming increasingly alarmed at the anti-Semitic nature of the press regarding these immigrants, and embarrassed by the "noisy speech" and "unclean and unsophisticated" lives the new immigrants led. By establishing a historical record of the contributions of Jews to America from the inception of the country and prior, Jews believed they could counter the opinions of an increasing number of anti-Semitic critics. German-American Jews in particular began to write on the contributions of Jews in the United States.

One of the results of Jews' increasing interest in their role and contribution to American history was the creation of the American Jewish Historical Society. The AJHS held its first meeting on June 6, 1892, and by December had produced 16 papers tracing "firsts" as pertaining to the contributions of the Jewish people in America. Kohler wholeheartedly took up this mantle and wrote articles on Jewish activity in the States, particularly on Colonial and pre-Civil War history, though some of the items he published focused on European and Caribbean history. Among his articles in the AJHS Publications series were: "Beginnings of New York Jewish History," "The Jews of Newport," "Dr. Rodrigo Lopez: Queen Elizabeth's Jewish Physician," "Judah P. Benjamin, Statesmen and Jurist," and "Civil States of the Jewish in Colonial New York." He also wrote historical pieces on the activities of the Board of Delegates of American Israelites, a book called Rebecca Franks: An American Belle of Last Century, and edited Charles P. Daly's work The Settlement of the Jews in North America. Kohler also contributed historical research to any number of books and papers written by historians in the United States and England. At times, these authors did not attribute Kohler's contribution to their work, a sore point with Kohler. At Kohler's death, he bequeathed to the American Jewish Historical Society his papers, as well as his extensive Judaica library.

In addition to writing his own articles and contributing research, Kohler reviewed works by others in publications such as the Jewish Messenger, the New York Jewish Tribune, the Jewish Daily Bulletin, and the American Hebrew. He reviewed major works including Oscar Straus' Origin of Representative Government in the United States; Cyrus Adler's Trial of Gabriel de Granada, Lucien Wolf's Notes on the Diplomatic History of the Jewish Question, John Bassett Moore's International Law and Some Current Illusions, and Oscar Janowski's The Jews and the Minority Treaties at the Peace Conference.

God in Freedom by Luigi Luzzatti

God in Freedom, originally published in Italian by Luigi Luzzatti (Prime Minister of Italy and Professor of Public Law at the University of Rome) under the title of La Libertà de Coscienza e di Scienza (Liberty of Conscience and of Science) in 1909, was edited by Kohler and published in the United States in an expanded version in 1930. Along with additional material published by Luzzati in an updated Italian version in 1926, Kohler's English-language version added a preface, a biography of Luzzatti by Dr. Dora Askowith, and several American supplemental chapters. The work itself was a tome dedicated to the idea and merits of religious liberty as espoused in Eastern and Western religious and secular thought. Ultimately, the book upheld the worth of religion in the lives of humans, but stressed that all peoples should be free to live religious or secular lives as they choose without harm by the state. As a Jew, Luzzatti defended the right of Jews throughout the world to live in freedom among different peoples while practicing their faith and maintaining loyalty to the state, though he considered himself a Theist who followed no specific religious path.

The English version was issued as a "commemoration of the one hundred and fiftieth anniversary of the first constitutional establishment of religious liberty," the creation of the Declaration of Independence. For this reason, Kohler added chapters regarding the establishment of the Bill of Rights, the struggle of the Jews, the abrogation of the United States’ 1832 treaty with Russia due to that country's religious intolerance of Jews, and the issue of the protection of minorities as stated in the Peace Treaty of 1919. William Howard Taft agreed to the publication of his speech entitled "The Progressive World Struggle of the Jews for Civil Equality." The text also included a speech by Judge Irving Lehman presented before the Judeans in 1927 entitled "The One Hundred Fiftieth Anniversary of the Constitutional Establishment of Religious Freedom."

Louis Marshall had originally agreed to write entries on the abrogation of treaties between the U.S. and Russia, but died in 1929 prior to publication. It was left to Kohler to write on this subject instead, in a section entitled "The Abrogation of the Treaty of 1832 Between the United States and Russia and the International Protection of Religious Minorities." Kohler also included addresses by Marshall on "Russia and the American Passport," given before the Union of American Hebrew Congregations in 1911, as well as Marshall's address before the Judeans on January 27, 1926 on the "World Court and the Protection of Racial and Religious Minorities." In addition to the Preface, Kohler contributed and reprinted his paper given before the AJHS in 1926 entitled "The Fathers of the Republic and Constitutional Establishment of Religious Liberty." A history of the proceedings on behalf of the Jewish delegations at the Peace Conference is also included, written by Kohler.

Though the book was not critically acclaimed upon its publication in the States, it was hailed as a bold statement on the concept of the separation of Church and State.

Baron and Baroness de Hirsch and the Baron de Hirsch Fund

As a result of Kohler's work and contacts, he was asked to become a Trustee and Honorary Secretary of the Baron de Hirsch Fund in 1905, eventually chairing the committee on immigrant aid. Railroad magnet and banker Baron Maurice de Hirsch and his wife, Baroness Clara de Hirsch, initiated the De Hirsch Fund after their only child, Lucien, died in 1887. De Hirsch funded a variety of educational, agricultural, and immigration projects geared towards the betterment of Jews in Europe and the Middle East, particularly Russian Jews. The Baron also developed the Jewish Colonization Association, which systematically helped large numbers of Russian Jews immigrate to Brazil and Argentina. In the United States, he organized the Woodbine Colony of New Jersey, and the Baroness established the Clara de Hirsch Home for Girls. He and his wife donated funds in excess of $100,000,000.

Kohler's work on the Baron de Hirsch Fund in turn led him to work with the Board of Delegates of the Union of American Hebrew Congregations, the Judeans, the Jewish Academy of Arts and Sciences, the Conference on Immigration Policy, and the National Council on Naturalization and Citizenship. His work with these organizations revolved primarily around immigration and alien rights, and with the de Hirsch Fund, establishing educational standards and immigration policy for the Fund.

In 1910, Kohler endeavored to publish a history of the Baron and the de Hirsch Fund. He undertook this project from Oscar Straus, who had earlier attempted to write a biography of de Hirsch. To this end, Straus gave many personal letters and documents to Kohler from the de Hirsches and their family, as well as personal correspondence between Straus and the de Hirsches. In addition, Gustave Held in Paris loaned other documents to Kohler, upon the promise of their return. Held had once sought to publish a book in Europe on the Baron, but the project, like Straus’, fell through, primarily due to lack of funding. Held was a European relative of Kohler’s as well as the funds administrator of the Baron’s Jewish Colonization Association shortly before the Baron’s death.

Kohler’s book project fell into trouble as he began to look into the Baron's life, especially his financial life, more closely. One correspondent in particular urged him to drop the entire project, saying that the philanthropic accomplishments of the Baron were the only ones that mattered; his private affairs were just that, private. Kohler wanted to delve into the Baron's dealings with the Ottoman Empire over the building of the Oriental Railway in the 1870s. The Empire had awarded the Baron the government concession to build the railway, but eventually the Empire sued the Baron, accusing him of providing inadequate funds to the government generated by the project through sugar and copper sales. The court decision came down in favor of the Baron in 1887. There were also rumors that he had offered considerable bribes to various persons and agencies in order to build the railway; Kohler wanted to get to the bottom of these rumors.

From Gustave Held, Kohler received the trial decision and a letter from one of the judges presiding over the case, both of which cleared the Baron of any wrongdoing. (Straus wrote to Kohler that the Judge's "letter and decisions disposes of the abuse unjustly heaped upon him [the Baron] growing out of jealousy mixed with prejudice.") It was Kohler's closer investigation of the Baron's financial life that was causing a stir, though Kohler by no means was focusing solely on the Baron's financial life. When Kohler sent his book proposal to the Jewish Publication Society, the Society turned him down. Ultimately, it took a letter from Oscar Straus, as well as Straus’ sitting in on a meeting with the Publication Society, to reverse their decision and accept his proposal for a biography of both the Baron and Baroness de Hirsch, not to exceed 70,000 words and allowing Kohler to “write the book in any way you deem best.” The project, however, did not culminate in a book publication, but Kohler did publish several papers and articles on the Baron and the Baron de Hirsch Fund.

Alfred Dreyfus and Haym Salomon

In 1930, Kohler helped 'shed new light' on the case of the French Jewish officer, Col. Alfred Dreyfus, convicted by a closed military-tribunal on treason charges of providing military documents to the Germans. Dreyfus was imprisoned on the Devil's Island penal colony in 1895, where he stayed until 1900. Dreyfus was convicted on insubstantial proof, and was primarily the target of an anti-Semitic intelligence officer investigating the case. During the five years of his imprisonment, his case was gaining heat in the French press as his supporters, including a new intelligence officer, Lt. Col. Marie Georges Picquart, the author Émile Zola, and the "Dreyfusards," as Dreyfus' supporters called themselves, brought the case to the attention of the public, while his detractors in the press stirred up the tempest of anti-Semitism in their writings. Eventually, the French military was forced to retry Dreyfus when an intelligence officer who had been forging documents against Dreyfus committed suicide. The Dreyfusards were shocked when the verdict of guilty with extenuating circumstances was handed down in late 1899, sentencing Dreyfus to 10 years in prison. The army would not back down on its verdict, and the French President, Émile Loubet, stepped in and offered a pardon to Dreyfus, who reluctantly accepted. Though free, Dreyfus continued to protest his innocence, and was cleared in a civil court in July 1906, going on to fight for France in World War I.

In 1930, Kohler obtained transcripts of newly-published documents from the German archives entitled "Die Grosse Politik der europäischen Kabinette, 1871-1914," while at the same time a Dr. Bruno Weil was delivering lectures based on the private archives of Count Münster, the German ambassador at Paris during the Dreyfus trial. According to journalist Walter Littlefield, these two publications persuaded the 71-year-old Dreyfus to appear before French officials and demand that French archives regarding his case be opened. Though the government refused, these two documents, along with books on the subject by Jacques Kayser (The Dreyfus Affair) and the work edited by Bernhard Schwertfeger (The Truth about Dreyfus: From the Schwartzkoppen Papers), helped to establish the events that occurred between French and German officials, and the details of how Dreyfus became the scapegoat in French political and military intrigue.

In 1931, Kohler went in a different direction with his research, in an attempt to add new information to the historical record of American Jewish history. He had been asked to serve on a committee to investigate the historical record of Haym Salomon, long thought to have funded the American Revolutionary War. According to Judge Abram I. Elkus, Kohler “first supported the claims of [the] Salomons [committee], but with later research, issued a pamphlet casting doubt on this claim.” Indeed, Kohler had initially supported the Monument Committee of the Federation of Polish Jews in America (Salomon being of Polish descent), who wanted to erect a monument in New York City to the Revolutionary Patriot. The Monument Committee consisted of historians, politicians, and supporters of the Salomon monument, including Senator Nathan Straus of New York. The Monument Committee asked Kohler, along with Leon Huhner and Albert Friedenberg of the AJHS, to look closely into background material concerning Salomon, with a mind to providing incontrovertible facts as to the deeds of Salomon to the Municipal Art Commission, the New York City commission responsible for approving public monuments and art.

Traditionally, the American Jewish Historical Society had enthusiastically written about Salomon in their Publications series, as had Kohler in his work on Rebecca Franks, sister to Salomon's wife, Rachel. In 1926, Samuel Oppenheim, the recording secretary of the AJHS as well as respected historical writer and researcher, was asked by Kohler's committee to investigate the matter. Oppenheim uncovered evidence that led him to believe that Salomon was not responsible for providing funds to the fledgling American government, particularly in light of documents found at Philadelphia's Register of Wills. This information proved that Salomon could not have loaned the government money because when he died suddenly at the age of 45 in 1785, his estate was insolvent and securities he held were owed to a variety of persons; when he arrived in Philadelphia in 1778, he had been penniless, therefore, unless he had somehow made a fortune in less than ten years as a merchant, it was Oppenheim's conclusion that though Salomon may have been a money-broker, he was never a money-lender to the government. Ever the meticulous researcher of facts, Kohler himself took Oppenheim’s research and came to the conclusion that Salomon was, like many Jews of his time, a patriot for the cause of freedom in the young states, but at the time of the Revolution, had no money to lend to the war effort.

Kohler published his and Oppenheim’s findings in a brochure entitled “Haym Salomon, The Patriot Broker of the Revolution, An Open Letter by Max Kohler” on February 26, 1931, after repeatedly warning Benjamin Winter and Z. Tygel of the Federation of Polish Jews, that if they persisted in their course of action as to the statue with the new information on Salomon provided to them by Kohler's committee, he would have no choice but to lay the facts before the public. Oppenheim (who fell ill and died in 1928 shortly after giving Kohler his documentation) had wanted to keep the matter confidential, as did Kohler, but Winter and Tygel continued to lobby the Commission for the monument, though it had been turned down in 1930 for a site at Madison Square. Winter and Tygel responded to Kohler's brochure with extreme vitriol, calling Kohler, of all things, “anti-Semitic” and reluctant to give any credit to Polish Jews due to Kohler’s German-Jewish ancestry.

Kohler responded on April 6, 1931 in the Jewish Daily Bulletin, refuting Winter and Tygel’s statements as to his anti-Semitism and stating his support of Polish Jews by pointing out that his immigration activities had helped thousands of Jewish Poles enter the United States, as well as his pamphlet printed in defense of Polish Jews against Burton Hendrick’s anti-Polish remarks, reprinted by the Anti-Defamation League in 1921. Kohler also accused the Federation of deliberately ignoring the new information uncovered concerning Salomon, along with letters from deceased Louis Marshall opposing any monuments to Salomon. Kohler continued by briefly reiterating his findings, based on fraudulent documents having been presented to Congress by Salomon's son, asking for repayment from the U.S. of monies owed to Salomon from the War (which was shown by the discovery of the Register of Wills document as not being owed to Salomon). In addition, Salomon’s personal letter-book showed it was only in 1782 that he had enough money to send to his indigent parents in Poland, because prior to that year, he had no funds. Salomon did raise $200,000 for the war effort, but Kohler claimed that this amount was raised just before the War officially ended in October 1781, and that this sum was a small amount compared to the millions of dollars needed to fund the war.

The furor over Kohler’s findings catapulted him into a spotlight in which he was not necessarily comfortable. It was his conviction, however, that Jewish history should be accurately documented for the benefit of the American people that led him to publish his findings. The Philadelphia Jewish Times wrote in an editorial: “There is little doubt that... Kohler was well aware that his statement on Salomon would raise a tempest... Yet Kohler felt that his findings had to be made public, regardless of personal inconvenience. Thus, whatever one may think of the intrinsic merits of the Salomon controversy, one must admire the courage and fearlessness of Max Kohler.”

Ultimately, the statue of Haym Salomon was never erected in New York, but a monument to Salomon was erected in Chicago in 1941, depicting Salomon and Robert Morris, the Superintendent of Finance to the new Republic, flanking a statute of George Washington.

Immigration, Treaties, Ellis Island, and German Jewry

The core of Max Kohler's working life centered on the law, particularly immigration law. He worked gratis on the large number of cases he took on behalf of an assortment of nationalities seeking to immigrate to the United States. He felt that the United States was founded as an asylum for the unfortunate of the world, and insisted on a lenient immigration policy. He also took up cases challenging the government's right to deny entry on the basis of insanity and disease, but did believe that once an immigrant was allowed to live in America, that he or she should be determined to become an American through education and hard work.

Through his work on immigration, he became a student of international treaties in regards to the protection of minorities and the rights of aliens to asylum in the U.S. He carefully studied and wrote on the Minority Provisions of the Peace Treaty of 1919 as to the factions of Jewish delegates and their fight for a Zionist/non-Zionist policy regarding the Jewish Question, particularly as this conference was the first in which Jews themselves would lay out a worldwide policy regarding their own emancipation. Kohler also fought for and wrote on the 1912 abrogation of the 1832 U.S.-Russia treaty because of Russia's denying of Jews with American passports entry into Russia as well as the attempted abrogation of U.S.-China treaties as to the legality of the exclusion of Chinese immigrants, and wrote numerous pamphlets and articles on international treaties and the rights of Jews and minorities in international law.

Kohler was asked to investigate or hear cases concerning Ellis Island, in 1909 and 1933. Amid allegations of illegal deportations at Ellis Island and counter-allegations from the Department concerning Jewish immigration societies and individuals, Kohler was asked to aid the Hebrew Sheltering Aid Society (HIAS) in defending cases of deportation by the Department's Board of Special Inquiry at Ellis Island. In 1909, HIAS conducted interviews with immigrants who claimed to have been unlawfully deported at Ellis Island, or after entry to the United States, been forced to deliver monetary deposits to customs officials. HIAS maintained records of interviews in 1909 to 1910, and Kohler offered his law services in deposing and defending those claiming unfair deportation.

In 1933, President Franklin D. Roosevelt appointed the first female Cabinet Member, Frances Perkins, as Secretary of Labor, a position she served in despite steep opposition, until 1945. Perkins had a background in child labor laws, sweatshops laws (she served on the committee formed after the Triangle Shirtwaist fire in 1911), labor mediation, and was an industrial commissioner under both Governors Smith and Roosevelt of New York. Roosevelt appointed her Labor Secretary of New York prior to his election as President. Secretary Perkins swept into national office, determined to revive an entrenched Labor Department and ordering a cleanup of the Bureau of Immigration and Naturalization, then under the auspices of the Labor Department after the split of Labor and Commerce in 1913. The Bureau had developed a reputation for dereliction of duty, bribe-taking, illegal and overzealous deportations, and corruption, particularly at Ellis Island. To most historical accounts, the use of Ellis Island ends in 1924, when the Island stopped functioning as a point of entry into the United States. From 1924 until the start of World War II (when it served as a prison for enemy fighters), the Island was used as a way station for detained immigrants awaiting deportation.

Perkins set up committees to investigate corruption charges at Ellis Island, sending Kohler a telegram on August 7, 1933 informing him that she proposed to "… have examination of personnel by boards including representatives to guard against favoritism or influence entering into decisions as to retention or dismissal …" Kohler agreed to be on the Committee on Ellis Island Law Committee (one of seven committees), and spent the next six weeks traveling to the Island, interviewing detainees, and gathering information for the final report of the Commission. (Fellow members of the commission included Harold Fields, Cecelia Razovsky, Mrs. Alexander Kohut, Mrs. Charles Dana Gibson, Mrs. Vincent Astor, Roger W. Straus, and Marian Schisby.) Through focusing on Ellis Island as the core of the immigration service in the U.S., it was determined that what was true for Ellis Island was true for the entire immigration system, and the Committee was told that its report would be of national application, though the first and foremost objective was the rehabilitation of Ellis Island, and the reputation of the United States as a fair arbiter of immigration policy.

The report was presented to Secretary Perkins in early 1934, and Kohler turned his attention to events occurring in Europe under Hitler's regime. He began work in 1933 with the Emergency Committee in Aid of Displaced German Scholars, and began lobbying Congress in support of German Jews seeking asylum in the United States. He wrote reviews of the influence of the United States in situations where minorities were oppressed, hoping that Congress would use it as a basis to counter the actions of the Third Reich and allow more Jewish immigrants into the U.S. He published several articles addressing the plight of Jews in Germany, and seldom rested between January and July of 1934. The strenuous pace of his life, writings, and studies finally took its toll on July 24, 1934.

In the case of German Jews, Kohler's death was unfortunate. With his background in lobbying Congress, writing, and his knowledge of the law, he might have made some difference in the attitude of the American government toward the on-rushing plight of Jews in Europe. Condolences sent to his family were heartfelt and heartbroken, and in 1936, a compilation of his writings on immigration law were published under the title Immigration and Aliens in the United States; studies of American Immigration laws and the legal status of aliens in the United States.22

<emph render="bold">Chronology</emph>

May 22, 1871
Born in Detroit, Michigan to Dr. Kaufmann Kohler and Johanna Einhorn, daughter of Dr. David Einhorn
1890
B.S. from the City College of New York; Class President
1891
M.A. in Political Science from Columbia Law School
1892
Awarded Toppan Prize in Constitutional Law at Columbia
Attended the initial meeting of the American Jewish Historical Society with his father
1893
Awarded Civil Service Reform Prize for the essay "History and Progress of Civil Service Reform"
LL. B. from Columbia Law School; Admitted to the Bar Association of New York
Edited Charles P. Daly's Settlement of the Jews in North America
1894-1898
District Attorney, Southern District of New York; Appointed by U.S. Attorney Wallace McFarland
1894
Authored Rebecca Franks: An American Jewish Belle of Last Century
Council member of the American Jewish Historical Society
1896
Contributed chapter "Jews and Judaism in America" in Halliday and Gregory's The Church in America and Its Baptism of Fire
1898-1899
Appointed Special United States District Attorney as a Democrat under a Republican administration
1898
Became a partner in the law firm of Lewinson, Kohler and Schattman
1900-1910
Secretary of the American Jewish Historical Society, later became Vice-President
1900
Traveled to Europe
1902
Admitted to practice before the Supreme Court of the United States
Argued the case of U.S. v. Lee Yen Tai before Justice Harlan of the Supreme Court
1905
Honorary Secretary, National Committee for the Celebration of the 250th Anniversary of the Settlement of the Jews in the United States
1906-1934
Trustee and Honorary Secretary, Baron de Hirsch Fund
Member of the Judeans; served as Secretary from 1907-1923; later became Vice-President
November 6, 1906
Married Winifred Lichtenauer, daughter of banker Joseph M. Lichtenauer
1909-1925
Member of the Board of Delegates on Civil Rights of the Union of American Hebrew Congregations
1910
Successfully argued the case of the Galveston Immigrants Information Bureau allowing immigrants bound for Galveston, Texas to go by steamer directly to that city, bypassing large Atlantic ports
1911-1934
Member of the American Jewish Committee
1911
Wrote against literacy tests for immigrants in Injustice of the Literacy Test for Aliens
1916-1934
Member of the Committee on Legislation of New York County Lawyers Association
1916
Published, with Simon Wolf, Jewish Disabilities in the Balkan States
1917
Served as Government Attorney before the local draft board of New York City
Published "Jewish Rights at International Congresses in the American Jewish Year Book, 1917-18
1918
Wrote Jewish Rights at the Congresses of Vienna and Aix-la-Chapelle
December 21, 1922
Winifred dies of pneumonia
1922
Moved household to family home with parents, brother Edgar, and sisters Lili and Rose
1924
Wrote Registration of Aliens - A Dangerous Project
1925
Bestowed Honorary Doctor of Hebrew Law from the Hebrew Union College
1926
Editor of the "America" Department of the Popular Jewish Encyclopedia
1927
Elected a Corresponding Member of the Jewish Historical Society of England
1929-1931
Edited and produced additional chapters for the English-language version of Italian ex-Prime Minister Luigi Luzzatti's God in Freedom
1929
Wrote Some "New Light on the Dreyfus Case," expounding on new evidence found within German archives signaling the innocence of French officer Alfred Dreyfus
1931
Spoke out against the erection of a statute to Haym Salomon based on his research that there was inadequate proof that Salomon was a financier of the American Revolutionary War
1933-1934
Served on the Commission on Ellis Island and Immigration Relief; Appt. by the U.S. Secretary of State Frances Perkins, first female Cabinet member
Wrote The United States and German Jewish Persecutions: Precedents for Popular and Governmental Action, a review of the influence of the United States on behalf of persecuted minorities in Europe and its implications for use in reversing German policy; published in the Congressional Record
July 24, 1934
Died of a heart attack (angina pectoris) while on vacation in Long Lake, NY. Had suffered from a previous attack earlier in July
1936
Compilation of his writings on immigration published as Immigration and Aliens in the United States; studies of American Immigration laws and the legal status of aliens in the United States. Foreword by the Honorable Irving Lehman.

Memberships

American Bar Association - Committee on Federal Legislation

American Historical Association

American Society of International Law Citizens Union

Columbia Academy of Political Science

Economic Association

Good Government Club

New York City Bar Association-Committee on Legislation New York County

Lawyers Association

Phi Beta Kappa

References

  1. Irving Lehman, "Max J. Kohler," American Jewish Yearbook 37 (1935): 21-25.
  2. "Kaufmann Kohler." Dictionary of American Biography Base Set. American Council of Learned Societies, 1928-1936. Reproduced in Biography Resource Center. Farmington Hills, Mich.: The Gale Group. 2003. http://galenet.galegroup.com/servlet/BioRC; "Einhorn, David." Jewish Encyclopedia, v. V. New York: Funk and Wagnalls, 1903; "Pittsburgh Platform". Encyclopedia Judaica, v. 13. (Jerusalem: Keter Publishing, 1971) 570-571.
  3. Memorial speech, unknown author, [1934], Papers of Max Kohler, P-7, Box 1/Folder 5, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY.
  4. Nathan M. Kaganoff; "AJHS at 90: Reflections on the History of the Oldest Ethnic Historical Society in America," American Jewish History LXXI (June 1982), 468-469; Arthur Hertzberg, Jews in America. (New York: Columbia University Press, 1998), 166; Biographical Data, Papers of Max Kohler, P-7, Box 1/Folder 5, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY.
  5. Luigi Luzzati, God in Freedom, ed. Max Kohler. (New York: Macmillan Company, 1930), xiii-xvi.
  6. Taft's speech was given before the National Geographic Society (1917) and reprinted in the magazine, 1919. The edited copy of the speech can be found in Box 6, Folder 5.
  7. Luigi Luzzati, God in Freedom, ed. Max Kohler. (New York: Macmillan Company, 1930), xiii-xvi.
  8. [Cy? Montefiore?] to Kohler, Various dates, Papers of Max Kohler, P-7, Box 8/Folder 18, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY.
  9. Straus to Kohler; 10/14/19; Jewish Publication Society to Kohler, 11/3/19. Papers of Max Kohler, P-7, Box 8/Folder 8, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY.
  10. "Alfred Dreyfus." Encyclopedia of World Biography, 2nd ed. 17 Vols. Gale Research, 1998. Reproduced in Biography Resource Center. Farmington Hills, Mich.: The Gale Group. 2003. http://galenet.galegroup.com/servlet/BioRc.
  11. Walter Littlefield, "New Dreyfus Facts from Germany." New York Times, September 21, 1930. Papers of Max Kohler, P-7, Box 23/Folder 2, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY. See Box 5, Folders 11 and 12 for Kohler pamphlet "Some New Light on the Dreyfus Case" and Dr. Weil's lecture, plus correspondence regarding the case. See also Box 1, Folder 19 for correspondence between Kohler and journalist Walter Littlefield.
  12. Memorial to Max J. Kohler, by Judge Abram I. Elkus, B’nai B’rith National Jewish Monthly, v. 48, no. 11, 1934. Papers of Max Kohler, P-7, Box 23/Folder 1, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY.
  13. Max Kohler, "Haym Salomon, The Patriot Broker of the Revolution: His Real Achievements and their Exaggeration: An Open Letter to Congressman Celler," 1931, p. 8. Papers of Max Kohler, P-7, Box 16/Folder 3, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY.
  14. Correspondence, Various, 1929. Haym Salomon Collection, P-41, Box 2/No folder #, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY; "Report of Samuel Oppenheim," 1926. Haym Salomon Collection, P-41, Box 1/No folder #, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY. Photostat copies of the Register of Wills documents may also be found in Box 1, no folder #.
  15. Tygel to Kohler, December 26, 1929. Haym Salomon Collection, P-41, Box 1/No folder #, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY. In 1931, Tygel and Winter also responded in print after Kohler published his findings, but the archivist was unable to find the article in Kohler's Haym Salomon Scrapbooks.
  16. "Max J. Kohler Issues Reply to Haym Salomon Monument Committee's Attack on Him," Jewish Daily Bulletin, April 6, 1931. Papers of Max Kohler, P-7, Box 23/Folder 3, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY.
  17. "Courageous Even Though Unpopular," Philadelphia Jewish Tribune, undated, Papers of Max Kohler, P-7, Box 24/Folder 6, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY.
  18. Dr. Samuel Rezneck, "Haym Salomon's Role in the American Revolution," undated Papers of Max Kohler, P-7, Box 16/Folder 11, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY.
  19. Committee on Ellis Island opening meeting remarks, undated and Telegram from Perkins to Kohler, undated, Papers of Max Kohler, P-7, Box 13/Folder 2, Collection of the American Jewish Historical Society, Newton Centre, MA, and New York, NY.

Extent

14.5 Linear Feet (20.5 manuscript boxes; 1.25 manuscript box; 4 oversized boxes; 1 oversized-2 shared folder.)

Abstract

The Papers of Max J. Kohler (1871-1934) document his life's work as lawyer, historian, writer, researcher, and defender of Jewish and immigrant rights. Correspondents include many of Kohler's contemporaries in the field of history and immigration law including Cyrus Adler; William Taft; John Bassett Moore; Mortimer Schiff; David Hunter Miller; Baron and Baroness de Hirsch; the Straus Family including Oscar Straus; Luigi Luzzatti; Leon Huhner; and Julian Mack. Subjects include U.S. immigration law, American-Jewish history, Col. Alfred Dreyfus, Haym Salomon, Ellis Island, Rabbi Kaufmann Kohler, the publication God in Freedom, international treaties, and the Peace Conference of 1919.

Arrangement

The Kohler Papers are divided into seven series including: Series I: Personal; Series II: Subjects; Series III: Printed Materials; Series IV: Scrapbooks; Series V: Photographs; Series VI: Restricted Materials (Fragile); and Series VII: Oversized Materials.

Several series are further divided according to the major themes of the Kohler papers, and primarily fall under the following categories: Correspondence, God in Freedom, Writings, the American Jewish Historical Society, Baron and Baroness de Hirsch and the de Hirsch Fund, the Board of Delegates for Civil Rights, Immigration, Jewish Life and History (research and writings), and the Peace Conference of 1919. The majority of folder titles and placement within series follows as closely as possible to the original arrangement system of the collection. For a fuller description of the subcategories of each series, please see the following descriptions.

Provenance

Max Kohler bequeathed the collection to the American Jewish Historical Society.

Digitization Note

Box 14 Folder 3 has been digitized as part of an ongoing digitization-on-demand program at the Center for Jewish History.

Microfilm

Researchers please note:

The following scrapbooks are currently available on microfilm. Please view the microfilm in lieu of the handling the original scrapbooks.

By Scrapbook # and Microfilm Reel #

  1. Scrapbook #1: Reel 1, 5, 6
  2. Scrapbook #2: Reel 1, 2, 6
  3. Scrapbook #3: Reel 2, 5
  4. Scrapbook #4: Reel 3
  5. Scrapbook #5: Reel 4
  6. Scrapbook #6: Reel 4
  7. Scrapbook #7: Reel 5

Separated Material

Max Kohler donated his personal collection of writings and his Judaica library to the American Jewish Historical Society. There is no extant record of the specific books he donated.

Bibliographic Resources at the Center for Jewish History

  • American Jewish Historical Society Library Collection
  • Publications by Kohler
  • Anti-Semitic discrimination at American colleges, Excerpts from the Report of the Board of Delegates on Civil Rights of the Union of American Hebrew Congregations. New York, 1923?
  • Chas. P. Daly: a tribute to his memory. New York: Reprinted from the American Hebrew, September 22, 1899.
  • “Colonel David S[alisbury]. Franks.” The Magazine of History. New York: Charles Scribner’s Sons, 1906.
  • “Educational reforms in Europe in their Relation to Jewish Emancipation, 1778-1878.” A Paper read before the American Jewish Historical Society. Reprinted from The Jewish Forum. New York, 1918.
  • 18 various Pamphlets. AJHS Call number AC8.K5.
  • “Haym Salomon, the patriot broker of the revolution; his real achievements and their exaggeration. An open letter to Congressman Celler. California: Stanford University, 1931.
  • “The Illegality of Bible-reading in New York City’s public schools.” Reprinted from The Jewish Tribune. New York: Jun 13 and 20, 1930.
  • Immigration and Aliens in the United States; studies of American Immigration laws and the legal status of aliens in the United States. Foreword by the Honorable Irving Lehman. New York: Block Publishing, 1936.
  • “The Immigration problem and the right of asylum for the persecuted.” Reprinted from The Jewish Comment. Baltimore, October 24-31, 1913.
  • “The immigration question, with particular reference to the Jews of America. Addresses by Max J. Kohler, honorable Charles Nagel, and Jacob Schiff, delivered at the twenty-second council of the Union of American Hebrew Congregations on January 18, 1911, at New York.” New York: 1911.
  • The injustice of a literacy test for immigrants… New York, 1912.
  • Jewish disabilities in the Balkan states; American contributions toward their removal, with particular reference to the Congress of Berlin. With Simon Wolf. Special edition of the American Jewish Historical Society, no. 24. New York: The American Jewish Committee, 1916.
  • “Jewish Rights at international congresses.” Reprint from the American Jewish Year Book, 5678.Philadelphia: The Jewish Publication Society of America, 1917.
  • “The Jews and the American Anti-Slavery Movement.” Menorah Monthly. Off print from Vol 12. 1896.
  • “Jewish Rights at the congresses of Vienna (1814-1815) and Aix-la-Chapelle (1818).” Publications of the American Jewish Historical Society. Reprinted from the New York: The American Jewish Committee, 1918.
  • “Judah Touro, merchant and philanthropist.” Publications of the American Jewish Historical Society. Reprinted from the Baltimore?, 1905.
  • “Legal disabilities of aliens in the United States.” Reprinted from the . American Bar Association Journal. February 1930.
  • [“Letter to Cordell Hull, Secretary Of State] in re: persecution of the Jews in Germany.” New York, 1933.
  • “Memorial of Moses Jesse Stroock.” Reprinted from the Year Book of the Association of the Bar of the City of New York, 1932.
  • “Menasseh ben Israel and some unpublished pages of American History.” Reprinted from the American Hebrew. New York: 1901.
  • Various Pamphlets. AJHS Call number JUV6455.K75.
  • “Privileged, confidential, character of information imparted to social workers.” Reprinted from the Jewish Social Service Quarterly. June 1934.
  • Rebecca Franks: an American Jewish belle of the last century. Reprinted for private distribution. New York: Philip Cowen, 1894.
  • The registration of aliens, a dangerous project: including the proceedings of a luncheon conference in opposition to the Registration of aliens and Deportation bills, held at the Hotel Astor, New York City, January 9, 1926. Edited by Max J. Kohler. New York?, 1926.
  • The registration of aliens, a dangerous project. New York, 1930.
  • “The reparation of judicial errors: methods of review in criminal cases in the United States.” Reprinted from The Necessity of Criminal Appeal as Illustrated by the Maybrick Case and the Jurisprudence of Various Countries.London: P.S. King, 1899.
  • “The treatment of Poland’s Jewish minorities.” Reprinted from the Jewish Forum. September 1932. New York: 1932.
  • “Un-American character of race legislation.” Reprinted from the of The Annals the American Academy of Political and Social Science, September, 1909. Philadelphia: The American Academy of Political and Social Sciences, 1909.
  • “The United States and German Jewish persecutions - precedents for popular and governmental action.” Reprinted from the Bulletin of the Jewish Academy of Arts and Sciences, no.1. New York: Jewish Academy of Arts and Sciences, 1933.
  • Articles about Kohler
  • Biographic sketch, American Jewish Year Book, 5665, p. 129, AJYB, 5683, p. 163.
  • Publications with or mentioning Kohler
  • Boas, Franz. “Aryan and Semite: with particular reference to Nazi racial dogmas. Addresses delivered before the Judeans and the Jewish Academy of Arts and Sciences, March 4, 1934, in New York City by Prof. Franz Boas, Dr. Maurice Fishberg, Prof. Ellsworth Huntington, Max J. Kohler, presiding.” Cincinatti: B’Nai B’Rith, 1934
  • Daly, Charles Patrick. The Settlement of the Jews in North America. Notes and appendices by Max J. Kohler. Enlarged from an address originally published in the Jewish Times, 1872. New York: P. Cowen, 1893.
  • Luzzatti, Luigi. God in Freedom: studies in the relations between church and state, by the late Luigi Luzzatti. Translated from the Italian by Alfonso Arbib-Costa, with American supplementary chapters by President William H. Taft, Hon. Irving Lehman and others. Edited by Max J. Kohler with contributing material. New York: MacMillan Co., 1930.
  • New York. Executive committee in charge of the celebration of the settlement of the Jews in the United States, notes relating to the celebration of the two hundred and fiftieth anniversary of the settlement of the Jews in the United States. New York: The Executive Committee, 1905. Article included entitled “The Jews in New York prior to 1812," p. 9-21
  • Wolf, Simon. Selected addresses and papers of Simon Wolf. A memorial volume, together with a biographical sketch. Cincinnati: Union of American Hebrew Congregations, 1926.
  • YIVO Institute for Jewish Research Library Collection
  • Publications by Kohler
  • Beiträge zur neueren jüdischen wirtshaftsgeschichte; die Juden in Halberstadt und umgebung bis zur emanzipation, von dr. Max Köhler. Mit zeiner kartenskizze. Berling: K. Curtius, 1927.
  • “The Doctrine that Christianity is part of the Common Law and its recent Judicial overthrow in England, with particular reference to Jewish Rights.” Reprint from the Publications of the American Jewish Historical Society, no. 31, 1928, p. 105-134.
  • “Educational Reforms in Europe in their Relation to Jewish Emancipation.” Reprint from thePublications of the American Jewish Historical Society, no. 28, 1922, pg. 83-132.
  • “The Treatment of Poland’s Jewish Minorities.” Reprint from The Jewish Forum, New York: September 1932.

Subject

Title
Guide to the Papers of Max James Kohler (1871-1934), undated, [1765]-1963 *P-7
Status
Completed
Author
Processed by Tanya Elder
Date
© 2003
Description rules
Describing Archives: A Content Standard
Language of description
English
Script of description
Latin
Language of description note
Description is in English.
Edition statement
This version was derived from MJKohler.xml

Revision Statements

  • March, June 2020: EHyman: post-ASpace migration cleanup.

Repository Details

Part of the American Jewish Historical Society Repository

Contact:
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