The Project Gutenberg eBook of Notes On The Diplomatic History of The Jewish Question, by Lucien Wolf.

It must be confessed—and, indeed, it has been avowed by prominent Rumanians themselves [40]—that Rumania's evasion of the Treaty of Berlin has been a monument of resourceful duplicity and bad faith. Accomplished by pretending to regard the native Jews as foreigners, it actually placed them in a far worse position than they had held in 1858, when at any rate their national character as Moldavians or Wallachians was not contested. But, not only have they been refused emancipation and stamped as foreigners, but, in their character of foreigners, without a State to protect them, they have been made the victims of special and cruel disabilities, which in practice do not and cannot affect other foreigners.

One peculiarly barbarous act of persecution of this kind which was attempted in 1902 nearly brought about a serious intervention by the Great Powers to compel Rumania to observe her Treaty obligations. An Act was passed by the Rumanian Parliament forbidding foreigners to exercise any handicraft in Rumania unless Rumanians were assured similar privileges in the parent States of such foreigners. The result of this Act would have been to deprive all the Jewish artizans in Rumania of the means of earning their livelihood, as, being foreigners without a parent State of their own, they could not prove the reciprocity required by the law. Prompt steps were taken to bring this project to the notice of the Great Powers, chiefly by the late Lord Rothschild in London and Mr. Jacob Schiff in Washington. Lord Rothschild was the first to move. In June 1901 he forwarded to His Majesty's Government an elaborate Memorandum setting forth the intolerable situation of the Rumanian Jews and especially emphasising its international dangers as a stimulus of undesirable immigration in other countries.[41] At the same time he brought all his great influence to bear privately on individual members of the Government. From Lord Lansdowne he received the warmest sympathy, and the Foreign Office at once set inquiries on foot with a view to ascertaining whether combined action by the Powers signatory of the Berlin Treaty would be practicable. The responses, however, were not encouraging.[42] Meanwhile the action of the London Jews had been communicated to Mr. Oscar Straus in New York, and he persuaded Mr. Schiff to bring the question to the knowledge of President Roosevelt. The President, deeply moved by Mr. Schiff's story, acted with characteristic energy. In July 1902 the Secretary of State, Mr. John Hay, under the guise of a despatch giving instructions to the United States Minister at Athens in regard to certain negotiations then pending for a Naturalisation Treaty with Rumania, formulated a powerful indictment of the persecutions. Three weeks later the American Ambassadors in London, Paris, Berlin, Vienna, St. Petersburg, Rome, and Constantinople were instructed to communicate this despatch to the Governments to which they were accredited, and to ascertain from them whether it might not be possible to take some steps to secure from Rumania the fulfilment of her obligations under Article XLIV of the Treaty of Berlin.[43] Thus supported, Lord Lansdowne no longer hesitated. In September he despatched a Circular to the Great Powers definitely proposing combined representations at Bucharest.[44]

As soon as this démarche got wind Rumania hastened to annul the offending law, and otherwise to restrain her anti-Semitic zeal. Nothing more was heard of the proposed collective intervention, but it is now known that Lord Lansdowne's proposal never took final shape because the Russian and German Governments refused to associate themselves with it.

Dispatch from Mr. John Hay (U.S. Secretary of State) to the U.S. Minister at Athens.

Department of State, Washington,
July 17, 1902.

Charles S. Wilson, Esquire, etc., etc., etc., Athens.

Sir,—Your legation's despatch No. 19, of the 13th of February last, reported having submitted to the Roumanian Government, through its diplomatic representative in Greece, as the outcome of conference had by Mr. Francis with him on the subject, a tentative draft of the naturalization convention, on the lines of the draft previously submitted to the Servian Government, and Mr. Francis added that His Excellency the Roumanian Minister had informed him of his hearty approval of the project, which he had forwarded to his Government with his unqualified endorsement. Minister Francis was instructed on March 4 that his action was approved. No report of progress has since been received from your legation, but it is presumed that the matter is receiving the consideration due to its importance.

For its part, the Government of the United States regards the conclusion of conventions of this character as of the highest value, because not only establishing and recognizing the right of the citizens of the foreign State to expatriate themselves voluntarily and acquire the citizenship of this country, but also because establishing beyond the pale of doubt the absolute equality of such naturalized persons with native citizens of the United States in all that concerns their relation to or intercourse with the country of their former allegiance.

The right of citizens of the United States to resort to and transact affairs of business or commerce in another country, without molestation or disfavor of any kind, is set forth in the general treaties of amity and commerce which the United States have concluded with foreign nations, thus declaring what this Government holds to be a necessary feature of the mutual intercourse of civilized nations and confirming the principles of equality, equity and comity which underlie their relations to one another. This right is not created by treaties; it is recognized by them as a necessity of national existence, and we apply the precept to other countries, whether it be conventionally declared or not, as fully as we expect its extension to us.

In some instances, other governments, taking a less broad view, regard the rights of intercourse of alien citizens as not extending to their former subjects who may have acquired another nationality. So far as this position is founded on national sovereignty and asserts a claim to the allegiance and service of the subject not to be extinguished save by the consent of the sovereign, it finds precedent and warrant which it is immaterial to the purpose of this instruction to discuss. Where such a claim exists, it becomes the province of a naturalization convention to adjust it on a ground of common advantage, substituting the general sanction of treaty for the individual permission of expatriation and recognizing the subject who may have changed allegiance as being on the same plane with the natural or native citizens of the other contracting State.

Some States, few in number, be it said, make distinction between different classes of citizens of the foreign State, denying to some the rights of innocent intercourse and commerce which by comity and natural right are accorded to the stranger, and doing this without regard to the origin of the persons adversely affected. One country in particular, although maintaining with the United States a treaty which unqualifiedly guarantees to citizens of this country the rights of visit, sojourn and commerce of the Empire, yet assumes to prohibit those rights to Hebrew citizens of the United States, whether native or naturalized.[45] This Government can lose no opportunity to controvert such a distinction, wherever it may appear. It cannot admit such discrimination among its own citizens, and can never assent that a foreign State, of its own volition, can apply a religious test to debar any American citizen from the favor due to all.

There is no treaty of amity and commerce between the United States and Roumania, but this Government is pleased to believe that Roumania follows the precepts of comity in this regard as completely and unreservedly as we ourselves do, and that the American in Roumania is as welcome and as free in matters of sojourn and commerce and legal resorts as the Roumanian is in the United States. We hear no suggestion that any differential treatment of our citizens is there imposed. No religious test is known to bar any American from resorting to Roumania for business or pleasure. No attempt has been made to set up any such test in the United States whereby any American citizen might be denied recourse to the representatives of Roumania in order to authenticate documents necessary to the establishment of his legal rights or the furtherance of his personal interests in Roumania. And in welcoming negotiations for a convention of naturalization Roumania gives proof of her desire to confirm all American citizens in their inherently just rights.

Another consideration, of cognate character, presents itself. In the absence of a naturalization convention, some few States hold self-expatriation without the previous consent of the sovereign to be punishable, or to entail consequences indistinguishable from banishment. Turkey, for instance, only tacitly assents to the expatriation of Ottoman subjects, so long as they remain outside Turkish jurisdiction. Should they return thereto their acquired alienship is ignored. Should they seek to cure the matter by asking permission to be naturalized abroad, consent is coupled with the condition of non-return to Turkey. It is the object of a naturalization convention to remedy this feature by placing the naturalized alien on a parity with the natural-born citizen and according him due recognition as such. This consideration gives us added satisfaction that negotiations on the subject have been auspiciously inaugurated with Roumania. If I have mentioned this aspect of the matter, it is in order that the two Governments may be in accord as to the bases of their agreement in this regard; for it is indispensable that the essential purpose of the proposed convention should not be impaired or perverted by any coupled condition of banishment imposed independently by the act of either contracting party.

The United States welcomes now, as it has welcomed from the foundation of its government, the voluntary immigration of all aliens coming hither under conditions fitting them to become merged in the body-politic of this land. Our laws provide the means for them to become incorporated indistinguishably in the mass of citizens, and prescribe their absolute equality with the native born, guaranteeing to them equal civil rights at home and equal protection abroad. The conditions are few, looking to their coming as free agents, so circumstanced physically and morally as to supply the healthful and intelligent material of free citizenhood. The pauper, the criminal, the contagiously or incurably diseased, are excluded from the benefits of immigration only when they are likely to become a source of danger or a burden upon the community. The voluntary character of their coming is essential,—hence we shut out all immigration assisted or constrained by foreign agencies. The purpose of our generous treatment of the alien immigrant is to benefit us and him alike,—not to afford to another State a field upon which to cast its own objectionable elements. A convention of naturalization may not be construed as an instrument to facilitate any such process. The alien, coming hither voluntarily and prepared to take upon himself the preparatory, and in due course the definite obligations of citizenship, retains thereafter, in domestic and international relations, the initial character of free agency, in the full enjoyment of which it is incumbent upon his adoptive State to protect him.

The foregoing considerations, whilst pertinent to the examination of the purpose and scope of a naturalization treaty, have a larger aim. It behoves the State to scrutinize most jealously the character of the immigration from a foreign land, and, if it be obnoxious to objection, to examine the causes which render it so. Should those causes originate in the act of another sovereign State, to the detriment of its neighbors, it is the prerogative of an injured State to point out the evil and to make remonstrance; for with nations, as with individuals, the social law holds good that the right of each is bounded by the right of the neighbor.

The condition of a large class of the inhabitants of Roumania has for many years been a source of grave concern to the United States. I refer to the Roumanian Jews, numbering some 400,000. Long ago, while the Danubian principalities labored under oppressive conditions which only war and a general action of the European Powers sufficed to end, the persecution of the indigenous Jews under Turkish rule called forth in 1872 the strong remonstrance of the United States. The Treaty of Berlin was hailed as a cure for the wrong, in view of the express provisions of its 44th article, prescribing that "in Roumania, the difference of religious creeds and confessions shall not be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil and political rights, admissions to public employments, functions, and honors, or the exercise of the various professions and industries in any locality whatsoever," and stipulating freedom in the exercise of all forms of worship to Roumanian dependents and foreigners alike, as well as guaranteeing that all foreigners in Roumania shall be treated, without distinction of creed, on a footing of perfect equality.

With the lapse of time these just prescriptions have been rendered nugatory in great part, as regards the native Jews, by the legislation and municipal regulations of Roumania. Starting from the arbitrary and controvertible premises that the native Jews of Roumania domiciled there for centuries are "aliens not subject to foreign protection," the ability of the Jew to earn even the scanty means of existence that suffice for a frugal race has been constricted by degrees, until nearly every opportunity to win a livelihood is denied; and until the helpless poverty of the Jew has constrained an exodus of such proportions as to cause general concern.

The political disabilities of the Jews in Roumania, their exclusion from the public service and the learned professions, the limitations of their civil rights, and the imposition upon them of exceptional taxes, involving as they do wrongs repugnant to the moral sense of liberal modern peoples, are not so directly in point for my present purpose as the public acts which attack the inherent right of man as a bread winner in the ways of agriculture and trade. The Jews are prohibited from owning land, or even from cultivating it as common laborers. They are debarred from residing in the rural districts. Many branches of petty trade and manual production are closed to them in the over-crowded cities where they are forced to dwell and engage against fearful odds, in the desperate struggle for existence. Even as ordinary artisans or hired laborers they may only find employment in the proportion of one "unprotected alien" to two "Roumanians" under any one employer. In short, by the cumulative effect of successive restrictions, the Jews of Roumania have become reduced to a state of wretched misery. Shut out from nearly every avenue of self-support which is open to the poor of other lands, and ground down by poverty as the natural result of their discriminatory treatment, they are rendered incapable of lifting themselves from the enforced degradation they endure. Even were the fields of education open to them, of civil employment and of commerce, as to "Roumanian citizens," their penury would prevent rising by individual effort. Human beings, so circumstanced, have virtually no alternatives but submissive suffering, or flight to some land less unfavourable to them. Removal under such conditions is not and cannot be the healthy intelligent emigration of a free and self-reliant being. It must be, in most cases, the mere transplantation of an artificially produced diseased growth to a new place.

Granting that, in better and more healthful surroundings, the morbid conditions will eventually change for good, such emigration is necessarily for a time a burden to the community upon which the fugitives may be cast. Self-reliance, and the knowledge and ability that evolve the power of self-support must be developed, and, at the same time, avenues of employment must be opened in quarters where competition is already keen and opportunities scarce. The teachings of history, and the experience of our own nation, show that the Jews possess in a high degree the mental and moral qualifications of conscientious citizenhood. No class of emigrants is more welcome to our shores when coming equipped in mind and body for entrance upon the struggle for bread, and inspired with the high purpose to give the best service of heart and brain to the land they adopt of their own free will. But when they come as outcasts, made doubly paupers by physical and moral oppression in their native land, and thrown upon the long-suffering generosity of a more favored community, their migration lacks the essential conditions which make alien immigration either acceptable or beneficial. So well is this appreciated on the Continent, that, even in the countries where anti-Semitism has no foothold, it is difficult for these fleeing Jews to obtain any lodging. America is their only goal.

The United States offers asylum to the oppressed of all lands. But its sympathy with them in no wise impairs its just liberty and right to weigh the acts of the oppressor in the light of their effects upon this country, and to judge accordingly.

Putting together the facts now painfully brought home to this Government during the past few years: that many of the inhabitants of Roumania are being forced, by artificially adverse discriminations, to quit their native country; that the hospitable asylum offered by this country is almost the only refuge left to them; that they come hither unfitted by the conditions of their exile to take part in the new life of this land under circumstances either profitable to themselves or beneficial to the community; and that they are objects of charity from the outset and for a long time,—the right of remonstrance against the acts of the Roumanian Government is clearly established in favor of this Government. Whether consciously and of purpose, or not, these helpless people, burdened and spurned by their native land, are forced by the sovereign power of Roumania upon the charity of the United States. This Government cannot be a tacit party to such an international wrong. It is constrained to protest against the treatment to which the Jews of Roumania are subjected, not alone because it has unimpeachable ground to remonstrate against the resultant injury to itself, but in the name of humanity. The United States may not authoritatively appeal to the stipulations of the Treaty of Berlin, to which it was not and cannot become a signatory, but it does earnestly appeal to the principles consigned therein, because they are the principles of international law and eternal justice, advocating the broad toleration which that solemn compact enjoins, and standing ready to lend its moral support to the fulfilment thereof by its co-signatories, for the act of Roumania itself has effectively joined the United States to them as an interested party in this regard.

Occupying this ground and maintaining these views, it behoves us to see that in concluding a naturalization convention no implication may exist of obligation on the part of the United States to receive and convert these unfortunates into citizens, and to eliminate any possible inference of some condition or effect tantamount to banishment from Roumania with inhibition of return or imposition of such legal disability upon them by reason of their creed, as may impair their interests in that country or operate to deny them judicial remedies there which all American citizens may justly claim in accordance with the law and comity of nations.

I am, Sir,
Your obedient servant,
John Hay.

American Circular Note to the Great Powers.

Department of State, Washington,
August 11, 1902.

Sir,—In the course of an instruction recently sent to the Minister accredited to the Government of Roumania in regard to the bases of negotiation begun with that Government looking to a convention of naturalization between the United States and Roumania, certain considerations were set forth for the Minister's guidance concerning the character of the emigration from that country, the causes which constrain it, and the consequences so far as they adversely affect the United States.

It has seemed to the President appropriate that these considerations, relating as they do to the obligations entered into by the signatories of the Treaty of Berlin of July 13, 1878, should be brought to the attention of the Governments concerned and commended to their consideration in the hope that, if they are so fortunate as to meet the approval of the several Powers, such measures as to them may seem wise may be taken to persuade the Government of Roumania to reconsider the subject of the grievances in question.

(This note continues in the language of the foregoing despatch from the words: "The United States welcomes now, etc." down to words: "as an interested party in this regard.")

You will take an early occasion to read this instruction to the Minister for Foreign Affairs and, should he request it, leave with him a copy.

John Hay.

Reply of Great Britain.

(Mr. Bertie to Mr. Choate.)

Foreign Office,
September 2, 1902.

Your Excellency,—I have the honour to acknowledge the receipt of your note of the 23rd ultimo, inclosing a copy of a dispatch from Mr. Secretary Hay on the subject of the conditions of the Jews in Roumania.

His Majesty's Government joins with the United States Government in deploring the depressed condition of the Roumanian Jews and in regarding with apprehension the results of their enforced emigration.

His Majesty's Government will place themselves in communication with the other Powers signatory of the Treaty of Berlin, with a view to a joint representation to the Roumanian Government on the subject.

(Francis Bertie.
(In the absence of the Marquis of Lansdowne.)

("Foreign Relations of the United States (1902)," pp. 910 et seq., 42 et seq., and 550).

In connection with the Balkan complications of the last ten years, which form the overture to the present war, the Jewish organisations in Western Europe and America—chiefly the London Jewish Conjoint Committee—lost no opportunity of keeping the grievances of the Rumanian Jews before the Great Powers and of maintaining the liberties already won in South-Eastern Europe. The work has been of a more arduous and far-reaching character than the public suspect, and, although it has not achieved final success, it has been far from unfruitful. Of this work it is only possible to speak in a very summary way, as much of it is still confidential and all of it is directly related to negotiations still pending and necessarily belonging to the domain of what is invidiously called secret diplomacy.

In 1908, on the occasion of the annexation of Bosnia and the Herzegovina by Austria-Hungary, the Conjoint Committee seized the opportunity of endeavouring to reopen the Rumano-Jewish Question. The annexation was a technical infraction of the Berlin Treaty and required the sanction of the Great Powers, for which probably a Conference would be held. The Conjoint Committee addressed to Sir Edward Grey a request that the scope of the proposed Conference should be extended to other infractions of the Treaty, and accompanied it with a review of the Rumano-Jewish Question, which constitutes one of the most important State Papers produced in the Jewish community.[46] Unfortunately the projected Conference was abandoned, but Sir Edward Grey was so impressed by the statements of the Conjoint Committee that he ordered an investigation to be made, and he afterwards formally avowed, in a letter to the Conjoint Committee, that the charges made in the Memorandum were accurate and that Rumania had not fulfilled her Treaty pledges. This perhaps may not seem to be a great gain, but those who know anything of international politics will be aware that an official statement of this kind has considerable practical importance, and, indeed, it was not lost upon the Cabinet of Bucharest.

The last occasions on which attempts were made to put an end to the Rumanian scandal were in connection with the Conferences of London, St. Petersburg, and Bucharest, which liquidated the various questions arising out of the Balkan wars in 1912-13. Here two questions confronted the Conjoint Committee. While the international questions at issue were confined to the trans-Danubian States, all that was necessary was to secure for the populations of the transferred territories in that region a reaffirmation of the clauses of the Treaties of 1830 and 1878, by which the liberties of racial and religious minorities were guaranteed. When, however, Rumania joined in the war, this question became of much greater importance, and it involved the reopening of the whole question of Rumania's violation of the Treaty of Berlin. In spite of the efforts of the Conjoint Committee, neither the three Conferences of London, nor the Conference of St. Petersburg dealt with these questions. At the Conference of Bucharest the United States Government, at the instance of the American Jewish Committee, made a suggestion that the civil and religious liberties of the populations of the territories transferred under the proposed Treaty should be specially guaranteed. On the proposal of the Rumanian Prime Minister, however, the Conference agreed that such securities were not necessary, but expressed their readiness to give a verbal assurance that the wishes of the United States would be fully realised.[47] A long correspondence ensued between the Conjoint Committee and the Foreign Office, and eventually Sir Edward Grey agreed to a suggestion of the Committee that the Great Powers should be consulted with a view to making their sanction of the new territorial arrangements in the Balkans conditional on the guarantee of full civil and religious liberty to all the inhabitants of the annexed territories.[48] This important assurance was reaffirmed by the Secretary of State towards the end of July 1914, within a week of the outbreak of the present war.

[Le Président] fait part à la Conférence de la note suivante que lui a remise S.E. Monsieur Jackson, Ministre des États-Unis d'Amérique à Bucarest.

"Le Gouvernement des États-Unis d'Amérique désire faire savoir qu'il regarderait avec satisfaction si une provision accordant pleine liberté civile et religieuse aux habitants de tout territoire que pourrait être assujetti à la souverainté de quiconque des cinq Puissances ou qui pourrait être transféré de la jurisdiction de l'une des Puissances à celle d'une autre, pourrait être introduite dans toute convention conclue à Bucarest."

M. Maioresco estime que les délégués sont unanimes à reconnaître pleinement, en fait et en droit, le principe qui a inspiré la note précitée, le droit public des États constitutionnels représentés à cette Conférence en ayant consacré de longue date l'application. Le Président pense donc que la note des États-Unis d'Amérique ne saurait soulever aucune difficulté: il est peut-être bon de rappeler quelquefois les principes, même lorsqu'ils sont universellement admis. Aussi, croit-il être l'interprète des sentiments de MM. les Plénipotentiaires en déclarant que les habitants de tout territoire nouvellement acquis auront, sans distinction de religion, la même pleine liberté civile et religieuse que tous les autres habitants de l'état.

M. Venizelos considère qu'à la suite des déclarations du Président, qui seront consignées au Protocole, toute insertion dans le traité à conclure, d'un principe déjà universellement reconnu serait superflue.

Cette manière de voir de M. le premier délégué de Grèce a recueilli l'assentiment unanime.

("Le Traité de Paix de Bucarest—Protocoles de la Conférence," Bucarest, 1913, pp. 24-25.)

Extracts from Correspondence between the Conjoint Committee and Sir Edward Grey.

Conjoint Jewish Committee,
19 Finsbury Circus, E.C.
13th October, 1913.

Sir,—The Jewish Conjoint Foreign Committee of the London Committee of Deputies of British Jews and the Anglo-Jewish Association have had under their consideration the diplomatic acts—principally the Treaty of Bucharest—by which the new territorial system in the Near East has been adjusted, and they have instructed us to invite the attention of His Majesty's Government to the omission from those documents of provisions either confirming or repeating on their own account, for the benefit of the annexed territories, the guarantees of civil and religious liberty and equality contained in the Protocol No. 3 of the Conference of London of February 3rd, 1830, and in Articles V, XXVII, XXXIV, XLIV, and LXII of the Treaty of Berlin.

Owing to the vast changes which have been made in the distribution of the Jewish communities throughout the region lying between the Danube and the Ægean, and more especially in view of the annexations to the Kingdom of Roumania, where hitherto the Civil and Religious Liberty Clauses of the Treaty of Berlin have been systematically evaded, this question has caused the Jewish people the gravest anxiety. The Conjoint Committee are well aware that in four of the annexing States, namely, Greece, Bulgaria, Servia, and Montenegro, the Constitutions provide for the equal rights of all religious denominations, and they gratefully acknowledge that for many years past the Jews in those countries have had no reason to complain; but in the new conditions of mixed races and creeds which confront those States, and in face of the symptoms already apparent of an accentuation of the long-standing inter-confessional bitterness and strife, they prefer not to relinquish the international obligations by which the rights of their co-religionists have hitherto been secured. In this view they find themselves supported not only by all the Jewish communities of the Balkans, but also by all of the religious minorities in the dominions which have recently changed hands. The reasonableness of their view is further supported by the constitutional changes effected in like circumstances in Moldo-Wallachia and Servia three-quarters of a century ago to the prejudice of the Jews, and also by the continued encouragement to religious intolerance afforded by the legalised oppression of a quarter of a million Jews in the Kingdom of Roumania.

The question was not ignored at the Peace Conference at Bucharest, but it failed to receive any contractual solution. At the sitting of August 8th a scheme of religious, scholastic and cultural liberty was discussed, but no agreement was reached, owing to irreconcilable differences between the Patriarchists and the Exarchists. Moreover, the scheme as drawn up was confined to Christian communities (Protocol No. 10). At the sitting of August 5th, the question was raised in its wider aspects by a communication from the United States Government expressing the hope that a provision would be introduced into the Treaty "according full civil and religious liberty to the inhabitants of any territory subject to the sovereignty of any of the five Powers, or which might be transferred from the jurisdiction of any one of them to that of another." This also met with no adequate response. M. Maioresco, the Chief Roumanian plenipotentiary, expressed the opinion that such a provision was unnecessary, "as the principle inspiring it had long been recognised, in fact and in law, by the public law of the Constitutional States represented at the Conference," but he added that he was willing to declare on behalf of the plenipotentiaries that "the inhabitants of any territory newly acquired will have, without distinction of religion, the same full civil and religious liberty, as all the other inhabitants of the State." In this view the other plenipotentiaries concurred. (Protocol No. 6.)

The Jewish Conjoint Committee regret that they are unable to accept either the reasoning or the assurances of M. Maioresco for the following reasons:—

1. Even if it were true that the constitutions of all the five contracting States assure civil and religious liberty to their inhabitants without distinction of religion—Roumania herself is a flagrant exception—it would not afford as permanent a guarantee as an international obligation. The circumstances which render such a guarantee necessary in the present case have already been referred to above.

2. In previous territorial changes in the Near East, the liberal provisions of the constitutions of the annexing States have not been held sufficient for the protection of religious minorities. Thus, in 1864, when the Ionian Islands were transferred to Greece, the Powers specifically extended to the new territories the civil and religious liberty obligations imposed on the Hellenic Kingdom in 1830 (see Article IV of the Treaty of London of March 20th, 1864). Again in 1881, when Thessaly was ceded to Greece, the religious liberty obligations of 1830 were repeated in the Treaty of Cession for the benefit of the Mussulman population (Convention of May 14th, 1881, Article VIII). A similar course was adopted by the Great Powers in 1886, when Eastern Roumelia was virtually annexed to Bulgaria (Article IV of Arrangement of April 5th, 1886; cf. Eastern Roumelia Statute, Article XXIV).

3. Roumania herself is not content to rely on the national constitutions of the other Balkan States where the destinies of her own expatriated brethren in race and religion are concerned. Although she persuaded the Conference of Bucharest to reject the American proposal to insert binding guarantees for the equitable treatment of racial and religious minorities in the annexed territories generally, she insisted on the adoption of an Annexe to the Protocols of the Conference pledging the signatory States to grant equal rights and religious and scholastic freedom to the Koutzo-Vlachs residing within their dominions. It is difficult to understand why these Treaty guarantees should be required for communities which have a Government at Bucharest, attached to them by racial and religious sympathies, to look after their interests, and not for the Jews, who have no such resource in the event of their rights being ignored.

4. The terms of M. Maioresco's declaration in regard to "the inhabitants of any territory newly acquired" are ambiguous, and in the case of the Jews of the northern districts of Bulgaria, now annexed to Roumania, might, and no doubt would be, interpreted as assimilating them to the oppressed Jewish communities of the annexed State. Moreover, in view of what happened to the Jews of the Dobrudja when that province was acquired by Roumania in 1878, any unilateral assurances from the Cabinet of Bucharest on this subject must fail to inspire confidence. The action of the Roumanian Government on that occasion was dealt with by us in the letter we had the honour of addressing to you on July 13th last, and it will consequently suffice to state now that the Jews of the Dobrudja were deprived of their national rights for thirty years after the annexation, and even then they experienced great difficulty in obtaining them. We cannot contemplate without anxiety the possibility of a repetition of this application of the principle formulated by M. Maioresco.

For these reasons the Jewish Conjoint Committee regard with grave apprehension the omission from the Treaty of Bucharest of guarantees of civil and religious equality for the inhabitants of the territories which have changed hands in virtue of that instrument, and they trust they may rely on His Majesty's Government to take such steps as will assure to those inhabitants the full enjoyment of the high protection accorded them by the London Protocol of 1830 and the Treaty of Berlin.

They venture to suggest that the objects they have in view might be attained by a collective note to the States signatory of the Treaties of London, Bucharest and Constantinople, declaring that the Great Powers regard the Civil and Religious Liberty clauses of the Protocol of 1830 and the Treaty of Berlin as binding upon all of them within their new frontiers and throughout all their territories. The Committee hope that His Majesty's Government may see their way to propose such a note to the Great Powers.

We are, Sir,
Your humble and obedient Servants,
D. L. Alexander,
President, London Committee of Deputies of British Jews,
Claude G. Montefiore,
President, Anglo-Jewish Association.

To The Rt. Hon. Sir Edward Grey, Bart., M.P., K.G., etc., His Majesty's
Principal Secretary of State for Foreign Affairs, etc., etc., etc.

Foreign Office,
October 29th, 1913.

Gentlemen,—I am directed by Secretary Sir E. Grey to acknowledge the receipt of your letter of October 13th, and to observe in reply that the Articles of the Treaty of Berlin, to which you refer, are in no way abrogated by the territorial changes in the Near East, and remain as binding as they have been hitherto as regards all territories covered by those Articles at the time when the Treaty was signed.

His Majesty's Government will, however, consult with the other Powers as to the policy of reaffirming in some way the provisions of the Treaty of Berlin for the protection of the religious and other liberties of minorities in the territories referred to, when the question of giving formal recognition by the Powers to the recent territorial changes in the Balkan Peninsula is raised.

I am, Gentlemen,
Your most obedient, humble servant,
Eyre A. Crowe.

The Conjoint Jewish Committee.

Conjoint Jewish Committee,
19 Finsbury Circus, E.C.
17th November, 1913.

Sir,—We have had the honour of receiving the letter of the 29th ult. addressed to us on your behalf by Sir Eyre A. Crowe, and we have duly submitted it to our colleagues of the Conjoint Jewish Committee.

We are desired by the Committee to thank you for this communication and to express their lively satisfaction with the assurances you are good enough to give them and which appear to them to meet the necessities of the case they had the honour of placing before you.

The Committee propose, with your permission, to submit to you at a later stage, for the consideration of His Majesty's Government, an amended formula of civil and religious liberty in the Balkans, which they think will more clearly express the intentions of the Conference of London and the Congress of Berlin than the provisions on the same subject contained in the Protocol No. 3 of 1830 and the Treaty of 1878. They trust that His Majesty's Government may find it possible to make this or some similar amendment the basis for the proposed consultation with the other Great Powers, as they venture to think that in this way a means may be found of obviating a repetition of the misunderstandings by which the Jews of Roumania have hitherto been deprived of the rights sought to be conferred upon them by the Treaty of Berlin, besides securing the rights of other religious and racial minorities in the Balkans on a footing of perfect equality.

We, are, Sir,
Your most obedient humble servants,
David L. Alexander,
President, London Committee of the Deputies of British Jews,
Claude G. Montefiore,
President, Anglo-Jewish Association.

To The Right Hon. Sir Edward Grey, Bart., M.P., K.G., etc., etc., etc.

Conjoint Jewish Committee,
19 Finsbury Circus, E.C.
12th March, 1914.

Sir,—Referring to the letter we had the honour of addressing to you on the 17th November last, we now beg to submit to you, for the consideration of His Majesty's Government, a revised formula of civil and religious liberty in the Balkans in the hope that His Majesty's Government may be able to recommend it to the other Great Powers signatory of the Treaty of Berlin for application to the territories which have recently changed hands in the Near East under the provisions of the Treaties of London and Bucharest, and their subsidiary diplomatic Acts.

As you are aware, Civil and Religious Liberty in Bulgaria, Montenegro, Servia and Roumania is at present guaranteed in identic terms by Articles V, XXVII, XXXIV-V, XLIV of the Treaty of Berlin, and in Greece by the concluding alinéa of Protocol No. 3 of the Conference of London of the 3rd February 1830. We beg to suggest that in the extension of these stipulations to the new territories they shall be elucidated by the addition to each of the following paragraph:—

All persons of whatever religious belief born or residing in the territories annexed to the Kingdom of———— in virtue of the Treaties of London and Bucharest, and who do not claim a foreign nationality and cannot be shown to be claimed as nationals of a foreign state shall be entitled to full civil and political rights as nationals of the Kingdom of———— in accordance with the foregoing stipulations.

Some slight modification of this paragraph will be required to meet the special circumstances of each case, as, for example, the omission of the reference to the Treaty of London in the case of Roumania, and perhaps, the insertion of the paragraph before the final alinéa of Article XLIV of the Treaty of Berlin instead of its addition to that Article.

In making this proposal we are chiefly actuated by a desire to obviate as far as may be possible a repetition in the territories annexed to the Kingdom of Roumania of the cruel evasion of Article XLIV of the Treaty of Berlin by which the native Jews of Roumania have hitherto been deprived of their civil and political rights. It will be within your recollection that this evasion was contrived by arbitrarily declaring all the native Jews to be ipso facto foreigners and by submitting them in that capacity to harsh disabilities which, while apparently applicable to all foreigners, in reality only affected them. We are further impressed by the fact that Bulgaria, Servia and Greece have each acquired a considerable addition to their Jewish populations and, although we acknowledge most gratefully the fidelity with which those States have hitherto performed their obligation in regard to civil and religious liberty, we think it wise, in view of the evil precedent created by Roumania, to strengthen the hands of their rulers and statesmen by extending those obligations in the form we now suggest to the territories they have recently acquired.

Our aims will, we think, be attained by the formula suggested above without in any way enlarging the scope of the original stipulations, as those stipulations were understood by their authors and the majority of the States to which they have hitherto been applied. It is to be noted that a similar amendment of Article XLIV was actually suggested by the Italian representative, the Count de Launay, at the Berlin Congress, with a view to obviating the very evasion of the Treaty subsequently effected by Roumania, and it was only rejected by the Congress because it was desired to adopt an identic formula for all the Balkan States and because it was felt that the formula as it stood "paraît de nature à concilier tous les intérêts en cause." (British and Foreign State Papers, vol. lxix. pp. 1058-9.)

Now that it has been shown that this anticipation was illusory, we venture to hope that His Majesty's Government may see their way to realize the intentions of the Berlin Congress by suggesting to the Great Powers the amendment we have proposed, and that their recognition of the territorial changes in the Near East will be made conditional upon its adoption by all the annexing States, and more particularly by the Kingdom of Roumania.

We, are, Sir,
Your most obedient humble servants,
David L. Alexander,
President, London Committee of the Deputies of British Jews,
Claude G. Montefiore,
President, Anglo-Jewish Association.

To The Right Hon. Sir Edward Grey, Bart., M.P., K.G., etc., etc., etc.

(For the humanitarian interventions on behalf of the Jews of Morocco see "The Conferences of Madrid and Algeciras," infra, pp. 88-99.)

It will be noted that none of the diplomatic interventions took cognizance of the ill-treatment of the Jews in Russia,[49] although until the recent Revolution it afforded, in magnitude and cruelty, the worst example of religious persecution known to modern Europe.[50] The cynical reason has already been indicated. But if international politics has affected to ignore the Jewish question in Russia, that question has not been without a very distinct influence on the evolution of the European international system. No survey of the Jewish problem in international politics would be complete without a reference to the curious part played by the Russo-Jewish question in the orientation of Russian policy which made for the alliance with France and through it for the Triple Entente. It is well known that even after the termination of the Russo-German secret treaty of mutual neutrality in 1890, the Tsar Alexander III remained for a long time reluctant to come to terms with Republican France. Towards the end of 1890 there was a fresh outbreak of official anti-Semitism in Russia, and the bitter cry of the persecuted Jews was heard all over Europe. At that moment it happened that negotiations for a large loan had been entered into by the Russian Treasury with the house of Rothschild, and a preliminary contract had actually been signed. As soon as the news of the persecutions reached New Court, Lord Rothschild resolved to break off the negotiations. At his instance, M. Wyshnigradski, the Russian Finance Minister, was informed by the Paris House that unless the oppression of the Jews were stopped they would be compelled to withdraw from the loan operation. Deeply mortified by this attempt on the part of a Jewish banking firm to deal with him de puissance à puissance, the Tsar peremptorily cancelled the contract and ordered that overtures should be made to a non-Jewish French syndicate headed by M. Hoskier of Paris. Thus was forged the main financial link in the chain of common interests which soon after led to the Dual Alliance. Incidentally, it may be mentioned that one of the effects of the Alliance was to secure to the Tsar a much larger immunity from criticism in his persistent ill-treatment of the Jews.[51]

Fifteen years later the Jewish question also played a part in the curious Russo-German rapprochement which nearly wrecked the Dual Alliance. Much light has been shed upon this incident by the recent publication of the late Tsar's secret correspondence with the German Emperor [52] and other Russian State documents, notably a Memorandum on the Jewish question drawn up by Count Lamsdorf in January 1906.[53] Negotiations for the adhesion of Russia to the Anglo-French Entente had been opened in the winter of 1903, but owing to the war with Japan and the revolutionary outbreak in Russia the Tsar's views on the subject had changed. Worked on by the German Emperor, he imagined himself a victim of English intrigue, and he concluded with the Kaiser at Bjoerkoeon July 23, 1905, the bases of a new Triple Alliance to consist of Russia, Germany, and France. While the Treaty was still unratified certain reactionaries in Russia seized the opportunity of endeavouring to give it a specially anti-Jewish bias. On the one hand the bureaucracy had persuaded themselves that the Jews were the main authors of the October Revolution, and on the other Count Witte and his colleagues in the Cabinet were furious at the renewed rebuffs they had received at the hands of the House of Rothschild in their efforts to raise new loans on the Paris and London markets.[54] It was in these circumstances that Count Lamsdorf prepared a Memorandum proposing to the Tsar that an agreement should be concluded with Germany providing for the special surveillance of Jewish activities on the lines of a secret Protocol which had been drawn up by the two Powers on March 14, 1904, for the similar surveillance and extradition of Anarchists.[55] At the same time the Count suggested that the Pope should be asked to adhere to this new Holy Alliance. This strange proposal was approved by the Tsar, who ordered the immediate initiation of negotiations with the Wilhelmstrasse. In due course this instruction was acted upon,[56] but in the following May Count Lamsdorf fell, and with the entry of M. Izvolsky into the Russian Foreign Office a new and saner direction was given to Russian Foreign policy. Nothing more was heard either of the Bjoerkoe Treaty or of the proposed Triple Alliance against the Jews.