Part 5
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).
* * * * *
(_h_) THE CONFERENCES OF LONDON, ST. PETERSBURG AND BUCHAREST (1912-13).
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.
DOCUMENTS.
* * * * *
EXTRACT FROM THE PROTOCOLS OF THE CONFERENCE OF BUCHAREST.
_Protocole No. 6.--Séance du Mardi, 23 Juillet (5 Août), 1913._
[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.