It is Certainly very Notorious all the Callamities Which hav

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NOTES ON THE DIPLOMATIC HISTORY

OF THE JEWISH QUESTION

NOTES ON

THE DIPLOMATIC HISTORY OF

THE JEWISH QUESTION

WITH TEXTS OF PROTOCOLS, TREATY

STIPULATIONS AND OTHER PUBLIC

ACTS AND OFFICIAL DOCUMENTS

BY

LUCIEN WOLF

PUBLISHED BY THE

JEWISH HISTORICAL SOCIETY OF ENGLAND

_Mocatta Library and Museum_

UNIVERSITY COLLEGE

(_University of London_)

GOWER STREET, LONDON, W.C. 1

1919

_All rights reserved_

PREFACE.

The substance of this volume was read as a Paper before the Jewish

Historical Society of England on February 11, 1918. It has now been

expanded and supplied with a full equipment of documents--Protocols of

Congresses and Conferences, Treaty Stipulations, Diplomatic

Correspondence and other public Acts--in the hope that it may prove

useful as a permanent record, and serviceable to those of our communal

organisations whose duty it will be to bring the still unsolved aspects

of the Jewish Question before the coming Peace Conference.

Besides helping to indicate the lines on which Jewish action should

travel in this matter, the State Papers here quoted may also serve to

remind the Plenipotentiaries themselves that the Jewish Question is far

from being a subsidiary issue in the Reconstruction of Europe, that they

have a great tradition of effort and achievement in regard to it, and

that this tradition, apart from the high merits of the task itself,

imposes upon them the solemn obligation of solving the Question

completely and finally now that the opportunity of doing so presents

itself free from all restraints of a selfish and calculating diplomacy.

It is not only that the edifice of Religious Liberty in Europe has to be

completed, but also that some six millions of human beings have to be

freed from political and civil disabilities and social and economic

restrictions which for calculated cruelty have no parallels outside the

Dark Ages. The Peace Conference will have accomplished relatively little

if a shred of this blackest of all European scandals is allowed to

survive its deliberations.

This collection does not pretend to be complete. The aim has been only

to illustrate adequately the main lines of the theme with a view to

practical questions which may arise in connection with the Peace

Conference. American documents have been only sparely quoted, for the

reason that the American Jewish Historical Society has already published

a very full collection of such documents. (Cyrus Adler: "Jews in the

Diplomatic Correspondence of the United States.") The many generous

interventions of the Vatican on behalf of persecuted Jews have also been

omitted partly for a similar reason (see Stern: "Urkundliche Beiträge

über die Stellung der Päpste zu den Juden") and partly because they have

very little direct bearing on the diplomatic activities of the Great

Powers during the period under discussion.

My grateful acknowledgements are due to the Foreign Office for kindly

permitting me to copy the documents relating to Palestine, which will be

found appended to Chapter IV, and to Lieut. J. B. Morton, who was good

enough to relieve me of much of the work of reading the proof-sheets. I

have also to thank Mr. D. Mitrani for the generous help he gave me in

preparing the Index.

L. W.

GRAY'S INN, LONDON.

_December 1918._

CONTENTS.

PAGE

I. INTRODUCTION

ON INTERNATIONAL RELIGIOUS LIBERTY GENERALLY 1

II. INTERVENTIONS ON GROUNDS OF HUMANITY 6

(_a_) PERSECUTION OF THE JEWS IN BOHEMIA (1744-1745) 7

DOCUMENTS--

Petition to King George II, 1744 7

Appeal of Bohemian Jews, 1744 9

The Decree of the Empress, 1744 10

Instructions to the British Ambassador in Vienna, 1744 11

(_b_) THE CONGRESS OF VIENNA (1815) 12

DOCUMENTS--

List from Klüber 14

Art. XVI of Annexe IX of Final Act of Congress, 1815 14

(_c_) THE CONGRESS OF AIX-LA-CHAPELLE (1818) 15

DOCUMENT--

Protocol of Nov. 21, 1818 16

(_d_) THE CONFERENCE OF LONDON (1830) 17

DOCUMENT--

Protocol of Feb. 3, 1830 17

(_e_) THE CONGRESS OF PARIS (1856-1858) 18

DOCUMENTS--

Art. IX of the Treaty of Paris, 1856 21

Extracts from the Hatti-Humayoun of Feb. 18, 1856 21

Conferences of Constantinople: Protocol of Feb. 11, 1856 23

Art. XLVI of Convention of Paris of Aug. 10, 1858 23

(_f_) THE CONGRESS OF BERLIN (1878) 23

DOCUMENTS--

Extracts from Protocols of June 24, 25, 26,

and 28, and July 1, 4, and 10, 1878 25

Extracts from Treaty of Berlin: Arts. XLIV and LXII, 1878 33

Mr. White to the Marquis of Salisbury, Oct. 25, 1879 34

Identic Note to Rumanian Government, Feb. 20, 1880 35

(_g_) RUMANIA AND THE POWERS (1902) 36

DOCUMENTS--

Dispatch from Mr. John Hay to U.S. Minister at Athens,

July 17, 1902 38

American Circular Note to the Great Powers, Aug. 11, 1902 44

Mr. Bertie to Mr. Choate, Sept. 2, 1902 44

(_h_) THE CONFERENCES OF LONDON, ST. PETERSBURG,

AND BUCHAREST (1912-1913) 45

DOCUMENTS--

Conference of Bucharest: Protocol of July 23, 1913 47

Jewish Conjoint Committee to Sir Edward Grey, Oct. 13, 1913 48

Sir Eyre A. Crowe to Conjoint Committee, Oct. 29, 1913 51

Conjoint Committee to Sir Edward Grey, Nov. 13, 1913 51

The same to the same, March 12, 1914 52

(_i_) THE JEWISH QUESTION AND THE BALANCE OF POWER (1890 and 1906) 54

DOCUMENT--

The proposed Anti-Semitic Triple Alliance: Secret Russian

Memorandum, Jan. 3, 1906 57

III. INTERVENTIONS BY RIGHT

(_a_) STATUS OF JEWS IN FOREIGN COUNTRIES 63

DOCUMENT--

Art. XIV, Treaty of Carlowitz, 1699 71

Interpretation by Austrian Government, Dec. 28, 1815 71

Arts. I, III, and VI of Franco-Swiss Treaty, 1827 71

Secret Note by French Negotiator, Aug. 7, 1826 72

Speech of King Louis-Philippe, Nov. 5, 1835 73

Extract from Franco-Swiss Treaty, June 30, 1864 73

Art. I, Anglo-Swiss Treaty, Sept. 6, 1855 73

Art. I, American-Swiss Treaty, Nov. 6, 1855 74

Interpretation by United States, 1857 74

Mr. Seward to U.S. Minister in Switzerland, Sept. 14, 1861 75

Art. I, Russo-American Treaty, 1832 75

Mr. Blaine to U.S. Minister in St. Petersburg, July 29, 1881 76

Resolution of U.S. House of Representatives, Dec. 13, 1911 79

Resolution of U.S. Senate, Dec. 20, 1911 79

Arts. I and XI, Anglo-Russian Treaty, 1859 80

Interpretation by Great Britain, 1862 and 1881 81

The Marquis of Salisbury to Sir Julian Goldsmid, Jan. 29, 1891 82

Sir Edward Grey to Jewish Conjoint Committee, Oct. 1, 1912 82

Art. XIII, Anglo-Moorish Treaty, 1856 83

(_b_) CONSULAR PROTECTION 83

DOCUMENTS--

Earl Russell to the Jewish Board of Deputies, Feb. 1, 1864 86

Art. III, Anglo-Moorish Treaty, 1727-28 87

Art. III, Anglo-Moorish Treaty, 1856 87

Art. IV, Anglo-Moorish Treaty, 1856 87

Franco-Moorish Règlement, Aug. 19, 1863 88

(_c_) THE CONFERENCES OF MADRID (1880) AND ALGECIRAS (1906) 88

DOCUMENTS--

Madrid: Protocols of May 20 and June 24, 1880 90

Art. VI, Treaty of Madrid, 1880 91

Edict of the Sultan of Morocco, 1864 92

Madrid: Protocol of June 26, 1880 92

Algeciras: Protocol of April 2, 1906 98

IV. THE PALESTINE QUESTION AND THE NATIONAL RESTORATION OF THE JEWS 100

DOCUMENTS--

Russian Memorandum, Oct. 1840 107

Austrian Memorandum, Oct. 1840 111

Lord Clanricarde to Lord Palmerston, Feb. 23. 1841 113

Mémoire of the King of Prussia, Feb. 24, 1841 114

Baron Bülow to Lord Palmerston, March 6, 1841 116

Lord Beauvale to Lord Palmerston, March 2, 1841 116

Lord Palmerston to Lord Beauvale, March 11, 1841 117

Further Austrian Memorandum, March 31, 1841 117

Col. Churchill to Sir Moses Montefiore, June 14, 1841 119

The same to the same, Aug. 15, 1842 121

Resolution of the Jewish Board of Deputies, Nov. 8, 1843 123

Col. Churchill to the Board of Deputies, Jan. 8, 1843 123

Art. V of Agreement between Great Britain, France and Russia,

Feb. 21, 1917 124

Mr. Balfour to Lord Rothschild, Nov. 2, 1917 124

APPENDIX.

International Anti-Semitism in 1498 126

DOCUMENT--

Sub-Prior of Santa Cruz to Ferdinand and Isabella, July 18, 1498 126

INDEX 127

FOOTNOTES

NOTES ON THE DIPLOMATIC HISTORY OF THE JEWISH QUESTION.

I. INTRODUCTION.

ON INTERNATIONAL RELIGIOUS LIBERTY GENERALLY.

The Jewish Question is part of the general question of Religious

Toleration. Together with the questions relating to the toleration of

"Turks and Infidels," it raises the question of Religious Liberty in its

most acute form. It is both local and international. Locally it seeks a

solution through Civil and Political Emancipation on the basis of

Religious Toleration. Internationally it arises when a State or

combination of States which has been gained to the cause of Religious

Toleration intervenes for the protection or emancipation of the

oppressed Jewish subjects of another State. There have been, however, at

least two occasions when the interventions have taken the contrary form

of efforts to promote the persecution or restraint of Jews as such.[1]

As an altruistic form of international action the principle of

intervention has been of slow growth. It required an atmosphere of

toleration on a wide scale, and, before this atmosphere could be

created, Christian States had to learn toleration for themselves by a

hard experience of its necessity. They had, in the first place, to

secure toleration for their own nationals and the converts of their

Churches in heathen countries where the people could not be coerced or

lectured with impunity. In the next place they had to achieve toleration

among themselves.

Toleration among the Christian Churches--the so-called peace of

Christendom--became necessary owing to the struggle between the

Reformation and the Counter-Reformation; but it took the Thirty Years'

War to prove its necessity. The proof is embodied for all time in the

Peace of Westphalia--chiefly in the Treaty of Osnabruck, which was

signed in 1648, at the same time as the famous Treaty of Münster. The

ostensible effect of the Peace of Westphalia was to place Roman

Catholicism and Protestantism on an equal legal footing throughout

Europe. A secondary effect was to give a very marked stimulus to the

cause of Religious Liberty generally. We may recognise its first fruits

in, among other things, the campaign for unrestricted religious

toleration during the Commonwealth in England, and its application to

the Jews.[2]

It was not until 1814 that this principle was extended by Treaty beyond

the pale of Christendom. This was in the Protocol of the four allied

Powers--Great Britain, Russia, Prussia, and Austria--by which the union

of Belgium with Holland was recognised. The return of the House of

Orange to the Netherlands after the fall of Napoleon had entailed the

promulgation of a new Constitution, which, in view of the democratic

traditions of the French occupation, was necessarily of a liberal type.

Among its concessions was an article granting the fullest religious

liberty. When the Powers were called upon to sanction the union with

Belgium, they did so on condition that the new Constitution should be

applied to the whole country, and, in view of the religious differences

prevailing, emphasised the article on Religious Liberty. This is the

form in which it appears in the Protocol:--

* * * * *

Art. I.--Cette réunion devra être entière et complète, de façon que les

2 Pays ne forment qu'un seul et même État régi par la Constitution déjà

établie en Hollande, et qui sera modifiée, d'un commun accord, d'après

les nouvelles circonstances.

Art. II.--Il ne sera rien innové aux Articles de cette Constitution qui

assurent à tous les Cultes une protection et une faveur égales, et

garantissent l'admission de tous les Citoyens, quelle que soit leur

croyance réligieuse, aux emplois et offices publics.

* * * * *

Incidentally the legal effect of this stipulation was to emancipate the

Dutch Jews, though, as a matter of fact, the few disabilities under

which they laboured did not immediately disappear. The Protocol was

afterwards ratified by the Congress of Vienna and added to the Final Act

as part of the Tenth Annexe,[3] though in other respects the Congress

did not evince a very generous conception of Religious Liberty.

The conquest of religious liberty for Christians in heathen lands was a

more convincing object lesson than the Peace of Westphalia. It was

difficult for one Christian Church to acknowledge its equality with

another Christian Church and to tolerate heresy, but it was far more

distasteful to have to come to terms with the heathen and to accept

toleration at his hands.

This was not altogether an altruistic form of political action. It was

in some of its aspects part of the elementary duty of every State to

protect its nationals in foreign countries.

The earliest instances of this action we find in China, where, in the

thirteenth century, the Papacy concluded Treaties with the Mongol

Emperors for the protection of Christian Missions.[4] It was not,

however, until the Treaty of Tientsin in 1858 that Great Britain and

France secured religious liberty for Christians in China.

In the Mussulman Levant, toleration for foreign Christians was secured

by the so-called Capitulations. These were, in effect, treaties,

although they were in the form of grants by the Sultans. They gave large

exterritorial jurisdiction to the Ambassadors and Consuls of the States

on whom they were conferred. The earliest grant of this kind occurs in

the ninth century, when the Emperor Charlemagne obtained guarantees for

his subjects visiting the Levant from the famous Khalif Haroun

al-Rashid.[5] Later on, all the leading Christian States negotiated

Capitulations with the Sultans. The existing British Capitulations are

dated 1675, but an earlier grant was made in 1583.

One of the main objects of the Capitulations, besides personal security

and trading rights, was to assure religious liberty for the nationals

of the grantees. This benefited Jews at an early date, as the

Capitulations and similar treaties generally provided for certain

immunities for the native interpreters, servants and other employees of

the privileged foreigners. As Jews were frequently so employed, they

thus acquired protection against Moslem fanaticism.

In this way arose the system of Consular Protection which was long a

boon to Jews in the Ottoman Empire and in the Barbary States.[6]

In spite of these experiences the idea of diplomatic intervention for

the promotion of religious toleration in foreign States, especially on

behalf of non-Christians, has only prevailed within narrow limits. It

has been largely circumvented by the fact that such interventions must,

even with the best will in the world, be more or less conditioned by the

_raison d'état_. Unless they are likely to promote policy, or at any

rate to coincide with policy, the usual course when they are invoked is

to take refuge in the so-called principle of non-intervention.

It was, indeed, not until the seventeenth century that the question was

seriously discussed at all by the jurists, although Cromwell had already

laid down the splendid principle, in the case of the persecution of the

Vaudois, that "to be indifferent to such things is a great sin, and a

deeper sin still is it to be blind to them from policy or ambition." The

first impulses of the international lawyers were much in the Cromwellian

spirit. Bacon, Grotius, and Puffendorff all strongly maintained the

legality not only of diplomatic but also of armed intervention to put

down tyranny or misgovernment in a neighbouring State, and a century

later they were followed by Vattel. Sweden acted upon the principle in

her intervention on behalf of the Protestants of Poland in 1707, and, in

1792, it was given its widest scope, and was formally adopted, by the

French Revolution in the famous decree of the Convention which promised

"fraternity and succour to all peoples who wish to recover their

liberty."

The doctrine, however, lingered only anæmically through the early

decades of the nineteenth century. In face of the growing delicacy of

the international system, it was gradually abandoned for the

conservative principle of non-intervention, based on the independence

and equality of all States.[7] But even this principle has not always

been observed in regard to small States, although, curiously enough,

Russia invoked it against Great Britain for the protection of King

"Bomba" of Sicily, in the case of the Neapolitan prison horrors.[8]

Abstention from intervention in certain glaring cases of inhumanity by

foreign Governments--such as the persecution of the Russian Jews--has

been defended on the ground of absence of treaty rights, but, as a

matter of fact, this argument, too, has not been consistently adhered

to.[9] In all cases, whether of great or small States, treaty rights or

no treaty rights, the real test has almost always been the frigid

_raison d'état_. The United States has been less affected by this

restriction than the European Powers, and on many occasions has shown a

really noble example of the purest altruism in international

politics.[10]

II. INTERVENTIONS ON GROUNDS OF HUMANITY.

Long before the Peace of Westphalia an attempt was made by the famous

Jewess, Donna Gracia Nasi, to obtain protection for her persecuted

co-religionists by diplomatic action, and it proved successful. The

circumstances will be narrated presently.[11] It stood, however, alone

for two hundred years. Even after the Peace eminent Jews, who sought in

a like way to enlist the sympathy and help of European governments,

failed. Menasseh ben Israel made representations in this sense on behalf

of the oppressed Jews of Poland, Prussia, Spain, and Portugal to both

Queen Christina of Sweden and Oliver Cromwell, but although he met with

much and genuine sympathy he found the _raison d'état_--and probably

also a lingering reluctance to regard Jews as quite within the pale of

humanity--too strong for him.[12] A decade later a similar attempt was

made by Fernando Mendes da Costa, one of the founders of the

Anglo-Jewish Community, and a member of a very distinguished Portuguese

Marrano family. From a letter of his which is still extant,[13] it seems

that he was deeply concerned in helping the persecuted Marranos in Spain

and Portugal, and he had a scheme for organising an emigration of his

hapless brethren on a large scale to Italy and England. He received much

help from Don Francisco Manuel de Mello, the distinguished Portuguese

soldier, author and diplomatist, and through him interested Queen

Katharine of Braganza and Charles II in the scheme. It appears, too,

that, with the support of these eminent personages, the scheme was

brought to the notice of the Pope, but of its subsequent fate we know

nothing.

(_a_) PERSECUTION OF THE JEWS IN BOHEMIA (1744-45).

The earliest actual intervention of a Great Power on behalf of the Jews

on humanitarian grounds took place in 1744-45, when Great Britain and

Holland made strong and successful representations to the Government of

the Empress Maria Theresa for the protection of the Jews of Bohemia and

Moravia. The intervening Powers were allies of the Empress in the War of

the Austrian Succession which was then raging. During the war some

prejudice had been caused to the Austrian Jews through the imprudence of

some of their co-religionists in Lorraine, who had obtained "safe

conducts" from the French Military Authorities to enable them to cross

the frontier into France. Reprisals against the Jews in Bohemia and

Moravia were taken by the Empress in the shape of a decree of wholesale

banishment. The decree was enforced with the utmost severity, and over

20,000 Jews were compelled to leave Prague in the depth of winter, with

little or no prospect of finding shelter elsewhere. Appeals for help

were addressed to foreign communities, and among the recipients of them

was Aaron Franks, then presiding Warden of the Great Synagogue in

London. Together with his wealthy and influential relative, Moses Hart,

he at once petitioned King George, who consented to receive him in

personal audience. His Majesty manifested every sympathy with the

persecuted Jews, and the result was that the British Ambassador in

Vienna[14] was instructed to make representations, in concert with the

Dutch Ambassador, to the Austrian Government. The representations were

received in excellent spirit, and, in deference to them, the Empress

consented to revoke the decree and permit the Jews to return to their

homes.[15]

DOCUMENTS.

PETITION TO KING GEORGE II (_B. M. Add. MSS._ 23,819, _f._ 63).

To his Most Sacred Majesty

* * * * *

The Petition of Moses Hart and Aaron Franks of the City of London

Merchants In behalf of their Brethren the Distressed Jews of the Kingdom

of Bohemia.

Humbly Sheweth

That your Majesty's Petitioners have receiv'd a Copy of an Edict

published and Issued by Her Majesty the Queen of Hungary from their said

Brethren the Jews of the said Kingdom of Bohemia by which (together with

several letters that have been transmitted to them Requesting them to

Commiserate their distress'd condition and Interceed with his Brittanick

Majesty on their behalf) it appears that their said Brethren are to be

utterly Expelled the said Kingdom and that by the last day of January

next Ensuing No Jew is to be found in any of the Towns belonging to

Prague. That after the Expiration of six Months to be accounted from the

said last day of January No Jew is to be suffered or found in the

Hereditary Dominion of her said Majesty, and in case any should be found

they are to suffer Military Chastisement.

Your Petitioners most humbly beg leave to observe that in the said Edict

there is no reason or cause assign'd for the Expulsion of their said

Brethren who therefore Suspect that it is fomented by their inveterate

enemies for motives which they cannot account for as they have always

acted as dutiful, Faithful and Loyal Subjects to their most Gracious

Sovereign the said Queen of Hungary even during the many Revolutions

that have happened in Prague within these few Years and notwithstanding

the great Devastation and Excesses which Naturally occur'd therefrom

they have continued and still do continue firm and unshaken in their

Principles of Affection & Fidelity to her said Majesty and her most

Illustrious House.

Your Petitioners far from Vindicating any Particular Persons in the

Crimes they may have committed during the last Revolution (if any such

there are) desire Adequate Punishments to be inflicted on them; but

humbly hope that the Innocent will not be permitted to suffer for Crimes

which they have in no wise been Accessary to and humbly Remonstrate that

the Expulsion of fifty thousand Familys and upwards from their Native

Country at so critical a Juncture who (as Your Petitioners are informed

and believe) always Contributed and Concurr'd in strengthening her

Majesty's hands against her Enemies must in its consequences prove

Detrimental and Prejudicial to the true Interest of the common Cause and

more immediately so to her Hungarian Majesty.

In tender Consideration whereof Your Petitioners (in behalf of the

aforesaid distress'd people) most humbly Supplicate your Majesty in your

great & known Equity & Compassion to Interpose Your Majesty's Good

Offices upon this Occasion with the Queen of Hungary in order to prevail

upon her said Majesty to revoke the said Edict or at least to Suspend

the time of the Expulsion of their said Brethren & to establish a

Commission of Enquiry in order to discriminate the Innocent from the

Guilty and Punish those only who have deserv'd her said Majesty's

Displeasure.

And Your Petitioners as in duty bound shall ever pray &c.

MOSES HART.

AARON FRANKS.

(Endorsed:)

MOSES HART & AARON FRANKS Petition in behalf of the Bohemian Jews &c. in

Ld. Harrington's of the 28 Decr./8 Jany. 1745. sent to Sir Thos.

Robinson 27 [_sic_] Decr. 1744.

* * * * *

APPEAL OF THE BOHEMIAN JEWS (_Ibid. f. 64_).

PRAGUE, _1st Decr. 1744. N.S._

It is Certainly very Notorious all the Callamities Which have

overwhelm'd us to such a Degree that we had hardly power to Withstand

them. but None were in Competition with this Last. by a Decree from her

Majesty our Sovereign Queen of Hungaria. To Banish all the Jews out of

the Kingdom of Bohemia. Within the Term of 5 Weeks. Which is the Latter

End of January for those in Prague. & those in Bohemia are allow'd 6

Months. as appears by the original Decree of Her Majesty--Therefore What

shall we poor Souls do, in the first place, the Children Women, infirm &

Aged. Which are not in a Condition to Walk. Especially at this present

Juncture Being Cold & frosty Weather. Likewise In the Condition we are

at Present in for the Stripd many Hundreds quite to their shirts. Not

only that. but the World Is Closed to us. by reason all Roads are filled

with Troops. Which way Soever we Turn we Can find no Relief. Neither do

we know the reason for the Decree. Excepting some false persons. Who

Contrive falsities on purpose To breed ill will against us by our Lords

Who Protected us. Which they have Done.

Therefore Brethren. We Humbly Beg you wou'd Commiserate our Condition

Considering the Eminent Danger Many Thousands Souls are in by this

Decree. & Not Delay Interceeding for Recommendations from all Courts

that we may have time allowed us. for a Commission of Inquiry.

SIMON SPIRA &c.

MOSES IZAAC.

SIMON COHEN.

MENAHEM MENDAL.

ABRAHAM.

SAMUEL SPIRA.

MEYER MOSES, &c.

(Endorsed:)

Representation from the Jews at Prague

Sent to Sir Thos. Robinson 28 Decr./Jany 8. 1744-5.

* * * * *

THE DECREE OF THE EMPRESS (_Ibid. fol. 66_).

After Mature Deliberation We have been Induced by many weighty Reasons

and Considerations to resolve and Determine that no JEW shall hereafter

be Suffered or permitted to Dwell in our Hereditary Kingdom of Bohemia,

which our Resolution, We Will Shall be put in Execution in Manner

following.

1st. That on the last Day of the Month of January 1745 next Ensuing No

Jew shall be found in any of our Towns belonging to Prague, and in Case

any shall, Military Chastisement shall be inflicted on them.

2nd. They are hereby permitted to Stay and remain in the Kingdom six

Months to be Accounted from the Latter end of December Instant and to

Determine at the latter end of the Month of June 1745 to Settle their

Affairs and in order to Dispose of their Effects Estate and Credit which

they shall not be able to Carry with them by the last Day of January.

That after their retreat from Prague (towards the Country) on the last

day of January as is aforementioned, No Jew shall be permitted to

Reenter the said City by Day (without having a Certificate from the

Commissary appointed to Execute the Contents hereof) and absolutely None

shall be Suffered to Stay a Single Night; And the Said Commissary is

hereby Directed to take the Necessary Precautions for Executing this Our

Will and Pleasure, and due Care that None of his Certificates be

Improperly made use of by Enabling them to Enter the City too frequently

excepting such as he shall grant thro' favour to the Principal Merchants

who will stand in Greater Need than others of entring the City often.

3rd. After the Determination of the said Six Months all the Jews shall

quitt all our Hereditary Kingdom of Bohemia and Shall Never more be

found on the Borders thereof, and in Case any Shall, Military

Chastisement shall be inflicted on them as aforesaid.

4th. Our Meaning and Intention is not only that the Jews of the City of

Prague and all others who live in any Part of our Hereditary Kingdom of

Bohemia shall quitt the Same within the Thirtieth day of June 1745 but

also that No Jew shall on the said Day be found in the said Kingdom or

Settle in any of our Hereditary Countrys.

5th. And we do hereby Ordain and Appoint our Trusty and Well-beloved

Privy Councellor and Vice President of the Royal Bohemian Kingdom The

Right Honourable Philip Knakowsky Count Collowrath punctually to

perform the Contents hereof hereby requiring all and Every Person whom

these Presents or the Execution thereof may Concern to aid and Assist

the said Philip Count Collowrath and Do hereby further Positively Order

that the Contents hereof be Published in the Towns belonging to Prague

and our whole Country to the End that no Intelligence be given thereof

to those who Shall have any Dealings and Transactions with Jews.

Witness Ourself

Given at Vienna the 18th day of December 1744.

* * * * *

INSTRUCTIONS TO THE BRITISH AMBASSADOR IN VIENNA (_Ibid. fols. 61-61

d._).

Separate.

WHITEHALL, _28th Decr. 1744._

SIR,--The principal Merchants of the Jewish Nation established here,

having made an humble Application to His Majesty, that he would be

pleased to intercede with the Queen of Hungary for a Reversal of the

Sentence passed upon Their Brethren in Bohemia (amounting, as They

affirm, to no less than Sixty Thousand Families), by Her Majesty's late

Edict, whereby They are ordered to depart that Kingdom in Six Months

time, and His Majesty finding that the States General have already

interposed Their Good Offices in Their Behalf; It is the King's

Pleasure, that you should join with Mor. Burmannia in endeavouring to

dissuade the Court of Vienna from putting the said Sentence in

Execution, hinting to Them in the tenderest and most friendly Manner,

the Prejudice that the World might conceive against the Queen's

Proceedings in that Affair, if such Numbers of innocent People were made

to suffer for the Fault of some few Traytors, and, at the same time,

shewing Them, the great Loss that would accrue to Her Majesty's Revenue,

and to the Wealth and Strength of her Kingdom of Bohemia, by depriving

it at once of so vast Numbers of it's Inhabitants: You will find

inclosed the Petition presented to His Majesty by the Jews here, as

above-mentioned, together with the Representation sent hither to Them

from Those in Bohemia, and I am to add to what is above, that, as His

Majesty does extremely commiserate the terrible circumstances of

Distress to which so many poor and innocent Families must be reduced, if

this Edict takes place, He is most earnestly desirous of procuring the

Repeal of it by His Royal Intercession, in such Manner that the Guilty

only may be brought to Punishment; for obtaining which, you are to exert

yourself with all possible Zeal and Diligence.

I am, Sir,

Your most obedient humble Servant,

HARRINGTON.

SIR THOMAS ROBINSON.

* * * * *

(_b_) CONGRESS OF VIENNA (1815).

The next appearance of the Jewish Question in the field of international

politics was at the Congress of Vienna, sixty years later. The Congress

was not favourable to liberal reforms of any kind, either national or

religious. Its aim was to vindicate the vested interests of Legitimism

against the doctrines of the French Revolution. In its final shape the

policy of the Congress was embodied in the Holy Alliance. British

foreign policy, then under the guidance of Castlereagh, was distinctly

favourable to this policy. Nevertheless, there were curious

cross-currents at the Congress, and what liberalism there was came,

strangely enough, in large part from the Russian Tsar, Alexander I. He

had moments of liberalism so pronounced that Metternich called him "the

crowned _sans-culotte_."

It is curious to note that the Jewish Board of Deputies in England did

not move during the Congress. The reason is perhaps not difficult to

understand. They were always timid in regard to high politics, and, in

1783, when it was proposed to address the King on the American Peace,

they actually passed a resolution declaring that it was their duty to

avoid such "political concerns."[16] In the case of the Congress of

Vienna, however, they may well have felt that they could not touch the

question of religious liberty, and especially of Jewish emancipation,

without risking an imputation of Jacobinism. Moreover, the British

Cabinet then in power was a Coalition Cabinet of pro-Catholics and

anti-Catholics, and they could not well listen to any proposals that

they should champion Jewish emancipation in Vienna, while in Downing

Street the question of Roman Catholic emancipation could not even be

discussed.

Fortunately, these considerations did not apply to the German Jews.

Frankfurt and the Hansa towns sent deputations to Vienna to plead the

cause of Jewish emancipation. The Frankfurt deputation was headed by

Jacob Baruch, father of Ludwig Boerne. They managed to secure the

support of both Hardenberg and Metternich, and when it was found that

the Tsar was not averse from some concession to the Jews, they agreed to

propose the insertion of a clause--or rather half a clause--in the

Final Act of the Conference providing for the gradual extension of civil

rights to the Jews of Germany.

Unfortunately for a long time this concession remained a dead letter,

owing not only to the ill-will of the German Governments themselves, but

to an apparently harmless verbal amendment which was introduced into the

clause by the Redaction Committee at the last moment. In the final

_alinea_ it was stipulated that "the rights already conferred on the

Jews in the several Federated States shall be maintained." The object of

this was to secure to the Jews of Germany the liberties granted to them

by Napoleon during the French occupation. This design was frustrated by

the Redaction Committee, at whose instance the word "_by_" was

substituted for "_in_," the result being that the rights secured to the

Jews were not those of the French occupation, but only those which had

been grudgingly, and in very small measure, granted to them by the

Federated States themselves in the dark days before the Napoleonic

irruption.

Thus the provision of the Treaty of Vienna relating to the Jews of

Germany remained a dead letter, partly because of the amendment

introduced into it at the last moment, and partly because the

authorities had no intention of carrying it out. The Jews complained,

and both Prussia and Austria, under the influence of Hardenberg and

Metternich, protested.[17] Nathan Rothschild in London brought the case

of the recalcitrant Frankfurt authorities to the notice of the Duke of

Wellington, who persuaded Castlereagh in 1816 to make representations

with a view to their protection.[18] All these efforts, however, proved

futile, and Nathan Rothschild could only avenge himself by the public

announcement that his firm would refuse to accept bills drawn in any

German city where the Jews were denied their treaty rights.[19]

DOCUMENTS.

* * * * *

_The following is a list of the documents relating to the Jewish

Question at the Vienna Congress given in Klüber: "Akten des Wiener

Kongresses."_

* * * * *

1. Unterthänige Vorstellung und Bittschrift der Israelitischen Gemeinde

zu Frankfurt-am-Main an den hohen Kongress zu Wien mit Beilage übergeben

daselbst am 10ten Oktober 1814.

2. Schreiben des Deputierten der Israelitischen Gemeinde zu Frankfurt/M

an den Königlichen-Preussischen ersten Herrn Bevollmächtigten Fürsten

von Hardenberg wegen Erhaltung der von dem Grossherzog von Frankfurt

jener Gemeinde bewilligten Rechtzustandes. Datiert Wien, 12ten Mai,

1815.

3. Antwort seiner Durchlaucht des Fürsten von Hardenberg auf

vorstehendes Schreiben. Datiert Wien, 18ten Mai, 1815.

4. Erlass des Kaiserlich-Oesterreichischen ersten Bevollmächtigten und

Kongress-Präsidenten Herrn Fürsten von Metternich an die Deputierten der

Israelitischen Gemeinde der Stadt Frankfurt-am-Main als Antwort auf die

von diesen an den Kongress eingereichte Bittschrift. Datiert Wien, 9ten

Juni, 1815.

5. Anmerkung des Herausgebers (Klübers) zu vorstehenden Erlass an die

Deputierten der Israelitischen Gemeinde zu Frankfurt-am-Main.

6. Note des Kaiserlich-Oesterreichischen Herrn Bevollmächtigten und

Kongress Präsidenten Fürsten von Metternich, wodurch derselbe dem

Bevollmächtigten der freien Stadt Frankfurt Herrn Syndicus Danz die von

dem allerhöchsten verbündeten Mächten, neuerdings erfolgte Bestätigung

der Selbständigkeit und Freiheit der Stadt Frankfurt anzeigt. Datiert

Wien, 9ten Juni, 1815 mit einer Beilage.

7. Accessions Urkunde der freien Stadt Frankfurt.

* * * * *

(See also documents relating to the abolition of the Feudal land-tenure

System on the left bank of the Rhine, effected during the domination of

the French revolutionary Government, vol. vi., pp. 396-426.)

* * * * *

8. Erlass des Kaiserlich-Oesterreichischen ersten Bevollmächtigten und

Kongress Präsidenten Fürsten von Metternich an den Bevollmächtigten

Israelitischen Gemeinden Deutschland Doktor und Advokaten Carl August

Buchholz aus Lübeck betreffend die Verbesserung des Rechtzustandes der

Juden, vol. 9, p. 334.

* * * * *

The Article of the Final Act relating to the Jews is Article XVI of

Annexe IX, "Acte sur la Constitution Fédérative de l'Allemagne." It runs

as follows:--

* * * * *

XVI.--La différence des Confessions Chrétiennes dans les Pays et

Territoires de la Confédération Allemande, n'en entraînera aucune dans

la jouissance des droits civils et politiques.

La Diète prendra en considération les moyens d'opérer de la manière la

plus uniforme, l'amélioration de l'état civil de ceux qui professent la

Religion Juive en Allemagne, et s'occupera particulièrement des mesures,

par lesquelles on pourra leur assurer et leur garantir dans les États de

la Confédération, la jouissance des Droits Civils, à condition qu'ils se

soumettent à toutes les obligations des autres Citoyens. En attendant

les Droits accordés déjà aux Membres de cette Religion par tel ou tel

État en particulier, leur sont conservés.

(British and Foreign State Papers, vol. ii. pp. 132-3.)

* * * * *

(_c_) THE CONGRESS OF AIX-LA-CHAPELLE (1818).

At the Congress of Aix-la-Chapelle, the question was once more brought

before the Great Powers. This time the initiative was taken by a

well-known English conversionist, the Rev. Lewis Way, of Stanstead,

Sussex. There was, however, no trace of conversionism in his efforts on

this occasion, and there can be no question that the Jewish Community

owe him a great debt of gratitude. He proceeded to Aix some weeks before

the Congress met, and presented to the Tsar Alexander a short scheme of

Jewish emancipation. The Tsar encouraged him to amplify it, and this he

did in two elaborate memoirs, one describing the situation of the Jews,

and the other embodying a scheme under which they might be invested with

civil rights. To this he added a short memorandum drawn up at his

request by Dohm, the veteran champion of the Jews, who came to Aix for

that special purpose. By command of the Tsar, these documents were

presented to the Congress at its sitting on November 21, 1818, and were

made the subject of a special Protocol, in which sympathy was expressed

for "the praiseworthy object of his proposals." The plenipotentiaries

further declared that the solution of the Jewish Question was a matter

which should "equally occupy the statesman and the friend of

humanity."[20] It is interesting to note that in his scheme Way

declares himself to be a believer in Jewish Nationalism, and it is for

this reason that he does not ask for more than civil rights for the

Jews, as he regards their exile in Europe as an intermediate stage of

their history. In this he was probably influenced by the prevalent

anti-French atmosphere, inasmuch as the French Jews, in their compact

with Napoleon, made by the Sanhedrin in 1806, had solemnly repudiated

Jewish Nationalism, and had thus rendered themselves eligible for

political, as well as civil, rights.[21]

DOCUMENT.

For the texts of the documents referred to above see "Mémoires sur

l'état des Israélites, dédiés et présentés à leur Majestés Impériales et

Royales, Réunies au Congrès d'Aix-la-Chapelle" [by the Rev. Lewis Way,

A.M.], Paris, 1819.

The Protocol of the Congress at which these "Mémoires" were considered

runs as follows:--

* * * * *

PROTOCOLE.

_Séance du 21 Novembre, 1818._ _Entre les cinq Cabinets._

Messieurs les SS. de Russie ont communiqué l'imprimé ci-joint, relatif à

une réforme dans la législation civile et politique en ce qui concerne

la nation juive. La conférence, sans entrer absolument dans toutes les

vues de l'auteur de cette pièce, a rendu justice à la tendance générale

et au but louable de ses propositions. MM. les SS. d'Autriche et de

Prusse se sont déclarés prêts à donner, sur l'état de la question dans

les deux monarchies, tous les éclaircissements qui pourraient servir à

la solution d'un problème qui doit également occuper l'homme d'état et

l'ami de l'humanité.

Signé: METTERNICH.

RICHELIEU.

CASTLEREAGH.

WELLINGTON.

HARDENBERG.

BERNSTORFF.

NESSELRODE.

CAPODISTRIAS.

* * * * *

(_d_) THE CONFERENCE OF LONDON (1830).

The growing symptoms of an impending break-up of the Ottoman Empire

visibly extended the practical applications of the doctrine of religious

liberty in the field of international politics. In emancipating the

Christian feudatories of the Porte, account had to be taken of the large

Moslem and Jewish minorities inhabiting those States. It was impossible

to emancipate the Christians and at the same time to place

non-Christians under disabilities, especially where they had governments

of their own faith to whom they might appeal and who might resort to

reprisals. Hence, the parity of all religions in the Levant had to be

recognised.

The point first arose in the settlement of the Greek question in 1830.

In this question it was not only the Moslems who had to be considered.

France renounced in favour of the new Kingdom her Protectorate over the

Catholics, which she derived from her capitulations with Turkey. Hence,

besides the Moslems, guarantees had to be exacted for the religious

liberty of Catholics in Greece. These guarantees were the subject of the

third Protocol of the Conference of London, February 3, 1830. At the

same time it was stipulated that there should be perfect equality for

the subjects of the new State, whatever might be their religion. Neither

Moslems nor Jews were expressly mentioned, but it is in virtue of this

Protocol that the Jews of Greece enjoy their present status as Greek

Nationals. The Jews of Greece were thus the first Jews of the Levant to

be fully emancipated.

DOCUMENT.

* * * * *

PROTOCOL _No. 3 of the Conference held at the Foreign Office, London, on

3 February, 1830_.

Present: The Plenipotentiaries of Great Britain, France and Russia.

The Prince Leopold of Saxe-Coburg having been called, by the united

suffrages of the three Courts of the Alliance, to the Sovreignty of

Greece, the French Plenipotentiary requested the attention of the

Conference to the particular situation in which his Government is

placed, relative to a portion of the Greek population.

He represented that for many ages France has been entitled to exercise,

in favour of the Catholics subjected to the Sultan, an especial

protection, which His Most Christian Majesty deems it to be his duty to

deposit at the present moment in the hands of the future Sovereign of

Greece, so far as the provinces which are to form the new State are

concerned; but in divesting himself of this prerogative, His Most

Christian Majesty owes it to himself, and he owes it to a people who

have lived so long under the protection of his ancestors, to require

that the Catholics of the continent and of the islands shall find in the

organization which is about to be given to Greece, guarantees which may

be substituted for the influence which France has hitherto exercised in

their favour.

The Plenipotentiaries of Great Britain and Russia appreciated the

justice of this demand; and it was decided that the Catholic religion

should enjoy in the new State the free and public exercise of its

worship, that its property should be guaranteed to it, that its bishops

should be maintained in the integrity of the functions, rights and

privileges, which they have enjoyed under the protection of the Kings of

France, and that, lastly, agreeably to the same principle, the

properties belonging to the antient French Missions, or French

Establishments, shall be recognized and respected.

The Plenipotentiaries of the three Allied Courts being desirous moreover

of giving to Greece a new proof of the benevolent anxiety of their

Sovereigns respecting it, and of preserving that country from the

calamities which the rivalry of the religions therein professed might

excite, agreed that all the subjects of the new State, whatever may be

their religion, shall be admissable to all public employments,

functions, and honours, and be treated on the footing of a perfect

equality, without regard to difference of creed in all their relations,

religious, civil or political.

(Signed) ABERDEEN

MONTMOREN Y-LAVAL.

LIEVEN.

(Holland: "The European Concert in the Eastern Question," pp. 32, 33.)

* * * * *

(_e_) THE CONGRESS OF PARIS (1856-1858).

The Jewish Question was more expressly discussed twenty-six years later,

at the Congress of Paris, and the subsidiary conferences which had to

settle the great political problems arising out of the Crimean War.

Meanwhile, under the influence of Sir Moses Montefiore, and more

especially of his jealousy of M. Crémieux, the Jewish Board of Deputies

had plucked up a measure of courage, and had begun to take a more active

interest in the larger political questions which involved the future of

their foreign co-religionists. In the international discussions of the

question of religious liberty which preceded the outbreak of war, the

Powers only concerned themselves with the Christian communities. The

French Jews at once took alarm, and the Central Consistory addressed the

Emperor Napoleon III and applied to the Board of Deputies in London to

make similar representations to the British Government. Both bodies had,

however, been anticipated by the personal activity of the Rothschilds in

Paris and London. Baron James, through his gifted friend and co-worker,

Albert Cohn, had already entered into direct negotiations with the

Turkish Government, and Baron Lionel and Sir Anthony de Rothschild had

interviewed Lord Clarendon, who, at their instance, had given

instructions to Lord Stratford de Redcliffe to take special note of the

Jewish Question. Thus, when the letter of the French Consistory was read

at the Meeting of the Board of Deputies on April 24, 1854, that body

found that it had little to do. Nevertheless, it addressed a formal

letter to Lord Clarendon on May 10, and, five days later, received an

assurance from him that it might rely on a favourable consideration of

the situation of the Jews of Turkey at the hands of His Majesty's

Government.[22]

Nevertheless, the Treaty of Paris of 1856, which more or less settled

all the questions arising out of the war, does not mention the Jews in

any of its articles. This is not to say that it did not fulfil Lord

Clarendon's pledges. As a matter of fact, it deals with both the

situation of the Jews in Turkey and with that of the Jews in the

liberated Principalities of Moldavia and Wallachia. Thus, Article IX,

which takes note of the Turkish _Hatti-Humayoun_ of February 18, 1856,

is intended to refer to the Jews as well as to all other non-Mussulmans.

The history of this aspect of the Article is a little curious. Shortly

after the outbreak of the war in 1854, Turkey prepared a draft treaty of

peace containing an article providing for the religious liberty of

Christian communities. Through the inter-position of Baron James de

Rothschild of Paris, this article was reconsidered, and another was

inserted granting equal rights to all Ottoman subjects, without

distinction of creed. This was the germ of the famous _Hatti-Humayoun_.

That the latter was intended to deal equally with Jews and Christians is

shown by its Article II, in which the same privileges are expressly

granted to the Turkish Grand Rabbis as to the ecclesiastical heads of

the Christian confessions.[23]

Notes on the Diplomatic History of the Jewish Question With Texts of Protocols, Treaty Stipulations and Other Public Acts and Official Documents · 第 1 / 13 段