The Proposed Anti-Semitic Triple Alliance.

(The footnotes appended to the following document are those of Count Lamsdorf himself. Footnotes by the Editor will be found at the end.)

Secret.

ON THE ANARCHISTS.

The events of the year 1905, which became particularly acute at the beginning of October last, and, after a number of so-called "strikes," culminated in an armed revolt at Moscow and in other cities and localities of the Empire, show quite clearly that the Russian revolutionary movement, apart from its deep social economic causes of an internal nature, has also a quite definite international character. This side of the revolutionary movement, which deserves very serious attention, manifests itself chiefly in the fact that it is supported to a large extent from abroad.

This is clearly indicated by the striking phenomenon that the Russian revolutionists dispose of an enormous quantity of arms imported from abroad, as well as of considerable pecuniary means, since there can be no doubt that the revolutionary movement hostile to the Government, including the organising of various kinds of strikes, must have cost the revolutionaries large sums of money.

Since it must be recognised that such support of the revolutionary movement with arms and money could hardly be set to the account of foreign governments (with the exception of certain isolated cases, as for instance, the support of the Finnish movement by Sweden, and perhaps the partial support of the Polish movement by Austria), one inevitably arrives at the further conclusion that the support of our revolutionary movement enters into the calculations of some foreign capitalist organisations.

This result must be coupled with the fact that the Russian revolutionary movement is altogether distinguished by an alien racial character, since it was precisely the various allogenes—the Armenians, Georgians, Letts, Esthonians, Finns, Poles, etc.—who rose one after another against the Imperial Government for the purpose of obtaining, if not complete political autonomy, at least equal rights with the native population of the Empire. When one considers, moreover, that, as is established with sufficient certainty, among these allogenes a most important part is played by the Jews, who have figured and still figure as a specially active and aggressive element of the revolution, whether as individuals, or as leaders of the movement, or in the shape of entire organisations (e.g. the Jewish Bund in the Western region), one may assume with certainty that the aforesaid support of the revolutionary movement from abroad emanates precisely from Jewish capitalist circles.

In this respect one cannot ignore the coincidence of several phenomena which could hardly be accidental. This coincidence rather logically leads to the further result that our revolutionary movement is not only, as already stated, supported from abroad, but to a certain extent also directed from there. The strikes broke out with particular force precisely in October last, that is to say, at a time when our Government was making the attempt to bring about a large foreign loan without the participation of the Rothschilds,[A] and just in the nick of time for the frustration of the realisation of that financial scheme. The panic provoked by it among the holders of Russian securities and the hurried sale of those securities could not but procure in the end, as was safely to be expected, new profits for the Jewish capitalists and bankers, who speculated consciously and openly, as in Paris for instance, on the fall of Russian securities.[57]

On the other hand, the hostile movement against the Government, which flared up immediately after the promulgation of the Manifesto of October 30th, assumed for a time milder forms as soon as the bulk of the Russian people, of whom the revolutionists had taken no account at first, responded to the hostile manifestations against the Government by pogroms upon the Jews.[B]

This connexion between the Russian revolutionary movement and the foreign Jewish organisations is, moreover, confirmed in an obvious manner by some significant facts which have even percolated through the Press. Thus, for instance, the above-mentioned wholesale importation of arms into Russia, which, as it transpires from the Agency reports, is carried on very largely from the continent of Europe via England, becomes quite intelligible when one considers that already in June 1905, precisely in England, an Anglo-Jewish Committee for collecting donations for the equipment of fighting groups among Russian Jews was openly organised with the most active co-operation of the well-known Russophobe publicist Lucien Wolf.[C] On the other hand, on account of the melancholy consequences of the revolutionary agitation, which recoiled upon the Jews themselves, in the very same England a Committee of Jewish capitalists was founded under the presidency of Lord Rothschild, which concentrated enormous sums of money, collected by way of subscriptions in France, England and Germany, for the ostensible purpose of granting relief to the Jewish subjects of Russia who had suffered by the pogroms. Lastly, the Jews in America are organising collections both for the victims and for the arming of the Jewish youths, without formally separating these two aims from one another. [58] [D] There is thus no room for doubt as to the close connexion of the Russian revolution with the Jewish question in general, and with the foreign Jewish organisations in particular, which connexion is already perfectly clear from the point of view of its fundamental principles, since the founders of the Socialist doctrine, Lassalle and Marx, who wield so great an influence on the present mind of the Russian University youth, were notoriously both of Jewish origin. Nor can it be in any way doubted that the practical direction of the Russian revolutionary movement is in Jewish hands. While our newspapers pass over, no doubt intentionally, the leading part played by them in almost complete silence, it is no longer deemed necessary to make a secret of it abroad, even in Socialist circles. A member of the Jewish Working-men's Union (Bund), named Hervaille, thus declared openly at a meeting of the Dutch Socialists at Amsterdam on the 22nd October (November 4th) that in spite of the persecutions to which they were subjected, it is precisely the Jews who are standing at the head of the Russian revolutionary movement.[59] In Italy, numerous meetings of sympathy with the said movement, which in the course of last November were organised at Rome, Milan, Turin, etc. ostensibly, "Pro liberta Russa," ended in manifestations "Pro ebrei Russi."[60]

Thus, with the evident promotion of the Russian revolution by the Jews of all countries, in one form or another, to a larger or smaller extent, providing it above all with intelligent leaders, arms and pecuniary means, the so-to-say international side of our revolutionary movement becomes perfectly clear, and at the same time reveals those forces which the Imperial Government must combat, as well as the factors of State and public life abroad, on which it must rely in this struggle.

Starting from the idea set out above, namely, that our revolutionary movement is being actively supported and partly directed by the forces of universal Jewry, we also discover with great probability the organising and intellectual centre where the main supports and feeding organs of the militant hostility to the Government in Russia are hiding themselves. That is the famous pan-Jewish universal union established in the year 1860, the "Alliance Israélite Universelle," with a Central Committee in Paris, which possesses gigantic pecuniary means, disposes of an enormous membership, and is supported by the Masonic lodges of every description (according to some reports, they have again been carried into Russia in recent years), which represent the obedient organs of that universal organisation. [61] [E] The principal aim of the "Alliance Israélite Universelle"—the all-round triumph of anti-Christian and anti-monarchist Jewry (which has already taken practical possession of France) by means of Socialism which is to serve as a bait for the ignorant masses—could not but find the State system of Russia—a land of peasants, Orthodoxy and monarchism—an obstacle in its path. Hence the fight against the existing Government, which was started with consummate calculation at the very moment of our greatest weakness brought about by the Japanese war. That is also why the chief watchword of this inexorable campaign at the present moment is universal, equal, direct and secret suffrage; that is to say, it fights for a principle which if recognised by the Government would bring about immediately, even before the meeting of the State Duma, the complete removal of the existing historical-legal impediments to the triumph of Jewry in Russia, though their complete abolition is not likely to be welcome to the future chosen men of the Russian land either.

The said factors, which support the fight of the revolutionary elements against the Imperial Government from abroad, also afford on the other hand the opportunity of recognising those forces by whose joint work a favourable soil for a successful struggle with international revolutionary Socialism might be created. As a matter of fact, there can be no doubt that, in accordance with the main considerations set out above, the universally organised international revolutionary Jewry must be confronted by other enemies, apart from Russia, who by that alone must become the friends and allies of the Imperial Government. Anti-monarchist Jewry, sustained by money, cannot help undermining in every way the Monarchical German Empire, sustained by its material power. On the other hand, owing to a tradition centuries old, the universally organised anti-Christian Judaism cannot help seeing an irreconcilable enemy in the only Christian community that is likewise organised on a universal and centralised basis, viz. the Roman Catholic Church.

It seems, therefore, that the friendly relations which have recently been brought about so happily between the Imperial Government and the German Empire,[F] as well as the Holy See, are destined to exercise a very beneficent influence with regard to the anti-monarchical and anti-Christian revolutionary movement in Europe.

As for the Vatican, it must be remembered first of all that the Protestant Government of Germany has recognised long ago the full importance of the Holy See for the defence of the traditional foundations of European culture. While in its internal policy, it is leaning on the Catholic Centre-party, it has necessarily arrived at a friendly accord with the Pope in its foreign policy as well. As for Russia, the friendly assistance of the Vatican might likewise prove to be of supreme importance just in the sense indicated above. Even apart from the authoritative influence of the Holy See, through the medium of the local clergy, especially in our Polish affairs—in this respect, the latest Encyclical of the Pope to the Bishops of Poland presents a significant step in meeting the wishes of the Russian Government—the Vatican could render us an invaluable service by communicating matter-of-fact data on the dissolving Jewish freemasonry organisation and its branches, whose threads converge in Paris—an organisation about which our Government is unfortunately but little informed, whereas the Vatican is sure to watch its activity in the most attentive manner.

As for Germany, on the other hand, any further approach of its Government towards Russia—and one of a still closer nature than the agreement founded on the Protocol of March 1st, 1904, on combating Anarchism—would meet with unqualified sympathy at Berlin, since it cannot be overlooked that, next to Russia, Germany is undoubtedly the first State that will have to sustain the struggle with the Social-Revolutionary party. Both the Government and Society in Germany already take note at the present moment with the greatest apprehension of the indubitable effect of the Russian events on the Social-Democratic and Labour question, not to mention the movement of specific hostility to the Government in the Provinces of Prussian Poland.

Indeed, the West-European Socialists of various nationalities do not consider it any longer necessary to make a secret of their intention to inaugurate in this very month of January 1906, a movement hostile to the Government of Germany—which is to reach its highest development on the 1st of May 1906—and has already started it in Prussia and in Saxony with the self-same watchword of "Universal Suffrage." It could hardly be doubted that behind this movement—which they intend to organise, in accordance with the resolutions passed by the Socialist Congresses held at Jena and Breslau, by the same means as in Russia—there stand in reality the above indicated international aims and considerations of principle, that is to say, the same anti-Christian and anti-monarchical factors which had likewise been and are still in operation in the Russian revolutionary movement. At any rate, according to an observation by the Deutsche Tageszeitung, which has made it its special aim to organise the fight against the impending general European revolution, the more candid publicists of Social-Revolutionary tendencies are already expressing unceremoniously their hope that the Russian movement of hostility to the Government only presents a prelude to that general European upheaval which, among other things, is to destroy utterly the monarchical order of contemporary Europe. When one places oneself on this standpoint, one cannot help perceiving in everything said above nothing else but partial manifestations of a general revolutionary scheme the menace of which is not confined to Russia, and which, according to the formula of the well-known Liebknecht, consists essentially in realising a Republic in politics, Socialism in economics, and Atheism in the domain of religion.

In view of the considerations set forth above, no doubt can remain as to the absolute necessity of a confidential and sincere exchange of views on our part, in the sense indicated above, with the leading spheres both at Berlin and Rome. It could become the foundation of a most useful joint action, first, for the purpose of organising a vigilant supervision, and then also for an active joint struggle against the common foe of the Christian and monarchical order of Europe. As a first step in the said direction, and for the purpose of elucidating the main principles for a future programme of joint action, it seems to be desirable to confine ourselves for the present to a quite confidential exchange of views with the German Government.

(Signed) Count Lamsdorf.

Negotiations must be entered into immediately.       I share entirely the opinions herein expressed. Tsarskoye Selo,        January 3rd (O.S.) 1906.

Endorsement in the     Tsar's handwriting.

(Translated from the Russian text in vol. vi. of "Secret Documents," published by the Soviet Commission of Foreign Affairs.)

Art. XIV.—Treaty of Carlowitz between the Emperor and the Grand Sultan, Jan. 26, 1699.[93]

XIV. Trade shall be free for the Subjects of both Partys, in all the Kingdoms and Dominions of both Empires, according to the antient sacred Capitulations. And that it may be carry'd on by both Partys with Profit and without Fraud and Deceit, the same shall be settled by Stipulations between Commissarys deputed on both sides, well vers'd in Merchandize, at the time of solemn Embassys on both sides, and as has been observ'd with other Nations in Friendship with the Sublime Empire, so his Imperial Majesty's subjects of what Nation soever, shall enjoy the Security and Advantage of Trade in the Kingdoms of the Sublime Empire, as well as the usual Privileges in a fitting manner.

("Collection of Treatys of Peace and Commerce," London, 1732, vol. iv. p. 298.)

Interpretation by Austrian Government. Instructions to Police of Lower Austria, Dec. 28, 1815.

"All differences established between Turkish Jews and other subjects of the Ottoman Porte appear contrary to the spirit of the Treaties. These speak of 'Turkish subjects' without making any exception. It is consequently to this quality only that one must have regard, and not in any case to the religion or profession of individuals."

(Quoted by M. Carnot in Debate in French Chamber. Moniteur, May 29, 1841.)

Arts. I, III and VI of Franco-Swiss Treaty, May 30, 1827.

Article premier.—Les Français seront reçus et traités, dans chaque canton de la Confédération, relativement à leurs personnes et à leurs propriétés, sur le même pied et de la même manière que le sont ou pourront l'être à l'avenir les ressortissants suisses des autres cantons. Tout genre d'industrie et de commerce permis aux ressortissants suisses des divers cantons le sera également aux Français et sans qu'on puisse exiger d'eux aucune condition pécuniaire ou autre plus onéreuse. Lorsqu'ils prendront domicile ou formeront un établissement dans les cantons qui admettent les ressortissants de leurs co-états, ils ne seront également astreints à aucune autre condition que ces derniers.

Art. 3.—Les Suisses jouiront en France des mêmes droits et avantages que l'article premier assure aux Français en Suisse, de telle sorte qu'à l'égard des cantons qui, sous les rapports spécifiés audit article premier, traiteront les Français comme leurs propres ressortissants, ceux-ci seront, sous les mêmes rapports, traités en France comme les nationaux. Sa Majesté Très Chrétienne garantit aux autres cantons les mêmes droits et avantages dont ils feront jouir ses sujets.

Art. 6.—Les Français établis en Suisse, de même que les Suisses établis en France en vertu du traité de 1803, continueront à jouir des droits qui leur étaient acquis. Toutes les dispositions de la présente convention leur seront d'ailleurs applicables.

(Brisac: "Ce que les Israélites de la Suisse doivent à la France," pp. 10-11.)

Interpretation by French Negotiator. Secret Note to the Swiss Diet, August 7, 1826.

Le premier point qui a paru avoir besoin de quelques éclaircissements est relatif aux israélites sujets du roi, lesquels, en cette dernière qualité, pourraient se croire autorisés à réclamer, dans tous les cantons suisses, le bénéfice de l'article 5 du projet de traité arrêté entre la commission de la Diète et moi. Je ferai observer à cet égard que, cet article premier n'accordant aux Français que les droits qui sont accordés par chaque canton suisse aux ressortissants des autres cantons, il s'ensuit nécessairement que, dans ceux des cantons où le domicile et tout nouvel établissement serait interdit, par les lois du canton souverain, aux individus de la religion de Moïse, les sujets du roi qui professent cette religion ne sauraient se prévaloir de l'article en question pour réclamer une exception à la règle générale du canton suisse. Il est toutefois bien entendu que c'est une conséquence directe de l'article 6 du projet de traité, que ceux d'entre les israélites d'origine française qui se seraient établis sur le territoire de la Confédération sous le régime de l'acte de médiation et en vertu du traité de 1803, continueront à jouir des droits qui leur étaient acquis.

(Brisac: op. cit., pp. 12-13.)

Interpretation by France (1835). Speech by King Louis Philippe to a Deputation from the Consistoire Israélite, November 5, 1835.

Le roi a répondu:

"Oui, dans tous les temps j'ai regardé comme injustes et impolitiques les mesures qui établissaient entre les citoyens d'une même nation des différences de qualifications sociales fondées sur la diversité des croyances religieuses. Comme roi j'ai soutenu ce principe, et je vous ai déjà témoigné plusieurs fois combien j'avais joui qu'il m'eût été réservé de vous en faire l'application. J'espère qu'elle deviendra générale, je le désire beaucoup. Je crois que c'est dans l'intérêt bien entendu de tous les peuples, et la raison doit finir par l'emporter sur les préjugés, comme l'eau qui tombe goutte à goutte finit par percer le plus dur rocher. Tels sont au moins mes désirs et mes espérances; mais je ne puis me mêler de ce qui se passe dans les autres États, à moins que les intérêts français n'en soient lésés, ainsi que cela est arrivé dans le canton de Bâle campagne. J'avoue que j'ai été bien aise d'avoir cette occasion de bien établir que sous mon règne tous les Français jouissent des mêmes droits et que tous obtiennent la même protection de la part de mon gouvernement. J'espère que mes efforts ne seront pas infructueux et que, dans l'affaire même dont vous m'entretenez, le canton reviendra sur une détermination aussi contraire à nos traités avec la Suisse qu'à l'esprit du siècle où nous vivons. Pour moi, je suis heureux d'avoir donné l'exemple de votre complète émancipation, et je vous remercie de la justice que vous rendez à mes actes et à mes intentions; je suis bien touché de ce que vous venez de m'exprimer."

(Moniteur, Nov. 12, 1835.)

Extract from Franco-Swiss Treaty of Establishment,
June 30, 1864.

"Tous les Français sans distinction de culte seront reçus et traités à l'avenir dans chacun des Cantons suisses sur le même pied que les ressortissants chrétiens des autres Cantons."

(Brisac: op. cit., p. 53.)

Art. I. Anglo-Swiss Treaty, September 6, 1855.

Article I. The subjects of Her Britannic Majesty shall be admitted to reside in each of the Swiss Cantons on the same conditions, and on the same footing, as citizens of the other Swiss Cantons. In the same manner, Swiss citizens shall be admitted to reside in all the territories of the United Kingdom of Great Britain and Ireland on the same conditions, and on the same footing as British subjects.

Consequently, the subjects and citizens of either of the two Contracting Parties shall, provided they conform to the laws of the country, be at liberty, with their families, to enter, establish themselves, reside, and remain in any part of the territories of the other. They may hire and occupy houses and warehouses for the purposes of residence and commerce, and may exercise, conformably to the laws of the country, any profession or business, or carry on trade in articles of lawful commerce by wholesale or retail, and may conduct such trade either in person or by any brokers or agents whom they may think fit to employ, provided such brokers or agents shall themselves also fulfil the conditions necessary for being admitted to reside in the country. They shall not be subject to any taxes, charges or conditions in respect of residence, establishment, passports, licences to reside, establish themselves, or to trade, in respect of permission to exercise their profession, business, trade, or occupation, greater or more onerous than those which are or may be imposed upon the subjects or citizens of the country in which they reside; and they shall, in all these respects, enjoy every right, privilege, and exemption which is or may be accorded to subjects or citizens of the country, or to subjects or citizens of the most favoured nation.

(Bernhardt, "Handbook of Treaties, &c., relating to Commerce," Lond. 1908, pp. 915-916.)

Art. I. American-Swiss Treaty, November 6, 1855.

Art. I. "The citizens of the United States of America and the citizens of Switzerland shall be admitted and treated upon a footing of reciprocal equality in the two countries, where such admission and treatment shall not conflict with the constitutional or legal provisions, as well Federal as State and Cantonal, of the contracting parties.

(Pub. Amer. Jew. Hist. Soc., vol. xi. p. 15.)

Interpretation by the United States, 1857. Letter from the Assistant Secretary of State to the Jews of Baltimore.

August 13, 1857.

In compliance with your request, I enclose herewith a copy of the treaty between the United States and Switzerland which was proclaimed in 1855. It was originally concluded in 1850, but was amended with a view to avoid some objections which were made on the very subject to which you refer. In its present form, although it may not remove some difficulties with reference to those who profess the Israelitish faith, yet I do not see that it discriminates against this class of our citizens in any mode whatever. Undoubtedly in some portions of the Confederation the local laws are less liberal to Israelites than to others, and this is deeply to be regretted; but the Government of the United States has no control over the legislation of a foreign State and can only employ its influence and good offices to relieve the difficulties which such legislation may impose in any given case.

John Appleton.
(Ibid., p. 23.)

Action by the United States, 1861. Instruction to Mr. Fogg, Minister to Switzerland.

September 14, 1861.

Sir,—Among the important instructions addressed to your predecessor are those concerning the restrictions of certain of the Swiss Cantons against citizens of the United States professing Judaism—a subject which received at Mr. Fay's hands a large share of earnest attention and upon which he addressed the department repeatedly and at much length. It is very desirable that his efforts to procure the removal of the restrictions referred to, which, though not completely successful, have no doubt had much effect in smoothing the way to such a result, should be followed up by you. You will therefore, after having fully acquainted yourself with what Mr. Fay has done in the premises and with the views of the department as expressed to him in the despatches on file in the Legation, take such steps as you may deem judicious and legal to advance the benevolent object in question. It is not doubted that further proper appeals to the justice and liberality of the authorities of the several Cantons whose laws discriminate against Israelitish citizens of the United States, will result in a removal of the odious restrictions and a recognition of the just rights of those citizens.

William H. Seward,
Secretary of State.

(Ibid., pp. 47-48.)

Art. I. Russo-American Treaty, December 18, 1832.

Article I. There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation.

The inhabitants of their respective states shall mutually have liberty to enter the ports, places and rivers of each party wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories, in order to attend to their affairs; and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside, on condition of submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning commerce.

("Brit. and For. State Papers," vol. xx. p. 267.)

Interpretation by United States, 1881. Dispatch of Secretary of State to the American Minister in St. Petersburg.

Department of State, Washington,
July 29, 1881.

Sir,—...The case would clearly be one in which the obligation of a treaty is supreme and where the local law must yield. These questions of the conflict of local law and international treaty stipulations are among the most common which have engaged the attention of publicists, and it is their concurrent judgment that where a treaty creates a privilege for aliens in express terms it cannot be limited by the operations of domestic law without a serious breach of the good faith which governs the intercourse of nations. So long as such a conventional engagement in favor of the citizens in another State exists, the law governing natives in like cases is manifestly inapplicable.

I need hardly enlarge on the point that the Government of the United States concludes its treaties with foreign States for the equal protection of all classes of American citizens. It can make absolutely no discrimination between them, whatever be their origin or creed. So that they abide by the laws at home or abroad it must give them due protection and expect like protection for them. Any unfriendly or discriminatory act against them on the part of a foreign power with which we are at peace would call for our earnest remonstrance, whether a treaty existed or not. The friendliness of our relations with foreign nations is emphasized by the treaties we have concluded with them. We have been moved to enter into such international compacts by considerations of mutual benefit and reciprocity, by the same considerations, in short, which have animated the Russian Government from the time of the noble and tolerant declarations of the Empress Catherine in 1784 to those of the ukase of 1860. We have looked to the spirit rather than to the letter of those engagements, and believed that they should be interpreted in the broadest way; and it is therefore a source of unfeigned regret to us when a Government, to which we are allied by so many historical ties as to that of Russia, shows a disposition in its dealings with us to take advantage of technicalities, to appeal to the rigid letter and not the reciprocal motive of its international engagements in justification of the expulsion from its territories of peaceable American citizens resorting thither under the good faith of treaties and accused of no wrong-doing or of no violation of the commercial code of the land, but of the simple adherence to the faith of their fathers....

I can readily conceive that statutes bristling with difficulties remain unrepealed in the volumes of the law of Russia as well as of other nations. Even we ourselves have our obsolete "blue laws," and their literal enforcement, if such a thing were possible, might to-day subject a Russian of freethinking proclivities, in Maryland or Delaware, to the penalty of having his tongue bored through with a red-hot iron for blasphemy. Happily the spirit of progress is of higher authority than the letter of outworn laws, and statutory enactments are not so inelastic but that they relax and change with the general advancement of peoples in the path of tolerance.

The simple fact that thousands of Israelites to-day pursue their callings unmolested in St. Petersburg, under the shadow of ancient proscriptive laws, is in itself an eloquent testimony to the principle of progress. And so, too, in Spain, where the persecution and expulsion of the Jews is one of the most notable and deplorable facts in history, and where the edicts of the earlier sovereigns remain unrepealed, we see to-day an offer of protection and assured right of domicile made to Israelites of every race....

I had the honor in my letter of the 20th ultimo to Mr. Bartholomey to acquaint him with the general views of the President in relation to this matter.

I cannot better bring this instruction to a close than by repeating and amplifying those views which the President so firmly holds, and which he so anxiously desires to have recognized and responded to by the Russian Government.

He conceives that the intention of the United States in negotiating the treaty of December 18, 1832, and the distinct and enlightened reciprocal engagements then entered into with the Government of Russia, give us moral ground to expect careful attention to our opinions as to its rational interpretation in the broadest and most impartial sense; that he would deeply regret, in view of the gratifying friendliness of the relations of the two countries which he is so desirous to maintain, to find that this large national sentiment fails to control the present issue, or that a narrow and rigid limitation of the construction possible to the treaty stipulation between the two countries is likely to be adhered to; that if, after a frank comparison of the views of the two Governments, in the most amicable spirit and with the most earnest desire to reach a mutually agreeable conclusion, the treaty stipulations between the United States and Russia are found insufficient to determine questions of nationality and tolerance of individual faith, or to secure to American citizens in Russia the treatment which Russians receive in the United States, it is simply due to the good relations of the two countries that the stipulations should be made sufficient in these regards; and we can look for no clearer evidence of the good will which Russia professes toward us than a frank declaration of her readiness to come to a distinct agreement with us on these points in an earnest and generous spirit.

I have observed that in your conferences on this subject heretofore with the minister of foreign affairs, as reported in your dispatches, you have on some occasions given discreet expression to the feelings of sympathy and gratification with which this Government and people regard any steps taken in foreign countries in the direction of a liberal tolerance analogous to that which forms the fundamental principle of our national existence. Such expressions were natural on your part and reflected a sentiment which we all feel. But in making the President's views known to the minister I desire that you will carefully subordinate such sentiments to the simple consideration of what is conscientiously believed to be due to our citizens in foreign lands. You will distinctly impress upon him that, regardful of the sovereignty of Russia, we do not submit any suggestions touching the laws and customs of the Empire except where those laws and customs conflict with and destroy the rights of American citizens as assured by treaty obligations.

You can further advise him that we can make no new treaty with Russia nor accept any construction of our existing treaty which shall discriminate against any class of American citizens on account of their religious faith.

I cannot but feel assured that this earnest presentation of the views of this Government will accord with the sense of justice and equity of that of Russia and that the questions at issue will soon find their natural solution in harmony with the noble spirit of tolerance which pervaded the ukase of the Empress Catherine a century ago, and with the statesmanlike declaration of the principle of reciprocity found in the late decree of the Czar Alexander II in 1860.

You may read this dispatch to the minister for foreign affairs, and should he desire a copy you will give it to him.

James G. Blaine.

("For. Relat. of the U.S.," 1881, pp. 1030 et seq.)

Denunciation by United States, 1911.

Resolution of the House of Representatives, December 13, 1911.

Resolved, etc., That the people of the United States assert as a fundamental principle that the rights of its citizens shall not be impaired at home or abroad because of race or religion; that the Government of the United States concludes its treaties for the equal protection of all classes of its citizens, without regard to race or religion; that the Government of the United States will not be a party to any treaty which discriminates, or which by one of the parties thereto is so construed as to discriminate, between American citizens on the ground of race or religion; that the Government of Russia has violated the treaty between the United States and Russia, concluded at St. Petersburg, December 18, 1832, refusing to honor American passports duly issued to American citizens, on account of race and religion; that in the judgment of the Congress the said treaty, for the reasons aforesaid, ought to be terminated at the earliest possible time; that for the aforesaid reasons the said treaty is hereby declared to be terminated and of no further force and effect from the expiration of one year after the date of notification to the Government of Russia of the terms of this resolution, and that to this end the President is hereby charged with the duty of communicating such notice to the Government of Russia.

("Congressional Record," xlviii. 280, 304-305.)

Resolution of the Senate, December 20, 1911.

Whereas the treaty of commerce and navigation between the United States and Russia concluded on the 18th day of December, 1832, provides in Article XII thereof that it "shall continue in force until the first day of January in the year of our Lord one thousand eight hundred and thirty-nine, and if one year before that day one of the high contracting parties shall not have announced to the other by an official notification its intention to arrest the operation thereof this treaty shall remain obligatory one year beyond that day, and so on until the expiration of the year which shall commence after the date of a similar notification"; and

Whereas on the 17th day of December, 1911, the President caused to be delivered to the Imperial Russian Government by the American Ambassador at St. Petersburg an official notification on behalf of the Government of the United States announcing intention to terminate the operation of this treaty upon the expiration of the year commencing on the 1st day of January 1912; and

Whereas said treaty is no longer responsive in various respects to the political principles and commercial needs of the two countries; and

Whereas the constructions placed thereon by the respective contracting parties differ upon matters of fundamental importance and interest to each; Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the notice thus given by the President of the United States to the Government of the Empire of Russia to terminate said treaty in accordance with the terms of the Treaty is hereby adopted and ratified.

(Ibid., pp. 493-522.)

Arts. I and XI, Anglo-Russian Treaty, January 12, 1859.

Article I. There shall be between all the dominions and possessions of the two High Contracting Parties, reciprocal freedom of commerce and navigation. The subjects of each of the two Contracting Parties, respectively, shall have liberty freely and securely to come, with their ships and cargoes, to all places, ports and rivers in the dominions and possessions of the other, to which other foreigners are or may be permitted to come; and shall, throughout the whole extent of the dominions and possessions of the other, enjoy the same rights, privileges, liberties, favours, immunities and exemptions in matters of commerce and navigation, which are or may be enjoyed by native subjects generally.

It is understood, however, that the preceding stipulations in no wise affect the laws, decrees, and special regulations regarding commerce, industry, and police, in vigour in each of the two countries, and generally applicable to all foreigners.

Article XI. The subjects of either of the two High Contracting Parties, conforming themselves to the laws of the country, shall have:—

1. Full liberty, with their families, to enter, travel, or reside in any part of the dominions and possessions of the other Contracting Party.

2. They shall be permitted, in the towns and ports, to hire or possess the houses, warehouses, shops and premises, which may be necessary for them.

3. They may carry on their commerce, either in person or by any agents whom they may think fit to employ.

4. They shall not be subject, in respect of their persons or property, or in respect of passports, licences for residence or establishment, nor in respect of their commerce or industry, to any taxes, whether general or local, nor to imposts or obligations of any kind whatever, other or greater than those which are or may be imposed upon native subjects.

(Bernhardt: op. cit., pp. 721, 724-725.)

Interpretation by Great Britain, 1862 and 1881. Despatch from Lord Granville to H.B.M. Ambassador at St. Petersburg.

Earl Granville to Sir E. Thornton.

Foreign Office,
December 28th, 1881.

Sir,—In my preceding despatch of to-day I have discussed the question whether Mr. Lewisohn, in the arbitrary expulsion from Russia to which he was subjected in September of last year, was treated in accordance with the Russian law as applied to foreign Jews. It now remains to be considered whether Her Majesty's Government are entitled to claim for a British subject of the Jewish faith immunity from the operation of these laws, under the Treaty between Great Britain and Russia of 1859.

It will be seen that Article I of that Treaty secures to foreigners the same rights as are enjoyed by native subjects generally, but the stipulations of that Article are not to affect the laws, decrees, and special regulations regarding commerce, industry and police in vigour in each of the two countries, and applicable to foreigners generally; and again, by Article XI, they are not to be subjected to imposts or obligations of any kind whatever other and greater than those which are or may be imposed on native subjects.

The Treaty is no doubt open to two possible constructions: the one, that it only assures to British subjects of any particular creed the same privileges as are enjoyed by Russian subjects of the same creed; the other that the privileges accorded to British subjects are accorded to all alike, without regard to the religious body to which they belong.

If the latter construction be adopted, British Jews in Russia would be entitled to be relieved from the disabilities to which native Jews are liable, but such a construction would also involve the supposition that Russia had agreed to create a state of things inconsistent with the traditions of her Government, which could not fail to be a source of embarrassment to her.

Upon an examination of the archives of this Department, it has been found that the position of the Jews in Russia formed the subject of a complaint from certain British subjects of that religion at Warsaw in 1862, and that Her Majesty's Government then came to the conclusion that they would not be justified in claiming exemption for British Jews in Russia from disabilities to which their Russian co-religionists were liable by law.

On that occasion Earl Russell informed Lord Napier, then Her Majesty's Ambassador at St. Petersburgh, that the effect of the 1st and 11th Articles of the Treaty was to place British subjects on the footing of Russian subjects before the law, each class being alike, and one not more than the other amenable to all general laws applicable in like cases; that as Russian subjects, being Jews, incurred certain disabilities, the equality intended and provided for by the Treaty was not infringed by British subjects who were Jews and resident in Russia sharing the same disabilities. The despatch went on to say that it would seem to be beyond the scope and general intent of a Treaty of Commerce and Navigation if it were to be held to repeal in the persons of foreigners the legal disabilities to which, for reasons of general State policy, particular classes of individual natives of the country had been subjected, and it was hardly to be supposed that such an interpretation would be accepted or adopted by an independent Government as against itself.

Her Majesty's Government feel that they cannot now insist upon a construction of the Treaty at variance with that which was placed upon it in 1862.

I am, &c.,
Granville.
("Parl. Paper, Russia," No. 4 (1881), p. 21.)

Interpretation by Great Britain, 1891. Letter from the Marquis of Salisbury to Sir Julian Goldsmid.

Foreign Office,
January 29th, 1891.

Sir,—With reference to the letter from this office of the 16th ultimo and to previous correspondence respecting the position of British Jews in Russia, I am directed by the Marquis of Salisbury to inform you that the question has been fully considered in communication with the Law Officers of the Crown.

Her Majesty's Government are advised that, so long as the disabilities to which British and Russian Jews are subjected are substantially the same, it is not open to Her Majesty's Government to depart from the interpretation of Treaties laid down in Lord Granville's despatch of December 28, 1881.

You will find a copy of this despatch on page 21 of the Parliamentary Paper "Russia No. 4, 1881."

I am, Sir,
Your most obedient, humble Servant,
T. H. Sanderson.

Sir J. Goldsmid, Bart., M.P.

Interpretation by Great Britain, 1912. Letter from Sir Edward Grey to the Conjoint Committee.

Foreign Office,
October 1st, 1912.

Gentlemen,—Secretary Sir E. Grey has had under his careful consideration your Memorial of August 2nd last on the subject of the grievances caused by the restrictions imposed in Russia on British subjects of the Jewish faith in regard to the interpretation of Articles I and XI of the Treaty of Commerce between this country and Russia of January 12th, 1859.

I am to inform you that, inasmuch as the construction which should be placed on the Articles of the Treaty was carefully considered by His Majesty's Government in 1862, and again in 1881, His Majesty's Government would not now be able to reverse the decision then arrived at, and that an attempt to do so, or to interpret and utilise the Treaty in a sense contrary to the spirit of that decision, would only lead to its termination by formal notice as provided for by the Treaty at the end of twelve months. Such result would in no way advance the interests of those whom you represent, and would in other respects be disadvantageous to British interests. Sir E. Grey, therefore, regrets that he is unable to approach the Russian Government in the sense desired.

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

The Conjoint Jewish Committee,
19 Finsbury Circus, E.C.

("Annual Report, Board of Deputies, 1912," pp. 81-82.)

Art. XIII. Anglo-Moorish Treaty, December 9, 1856.

Article XIII. All British subjects, whether Mahometans, Jews, or Christians, shall alike enjoy all the rights and privileges granted by the present Treaty and the Convention of Commerce and Navigation which has also been concluded this day, or which shall at any time be granted to the most favoured nation.

(Bernhardt: op. cit., p. 561.)

(b) CONSULAR PROTECTION.

Besides natural born and naturalised Jewish subjects of intervening States, there is another class of Jews on whose behalf protective interventions have been exercised on grounds of right. These are native Jews who for one reason or another have acquired Consular Protection under the Capitulations and other exterritorial privileges enjoyed by foreign States in Oriental and semi-barbarous countries. The origin of this protection has already been briefly described.[94]