Roumania, but this Government is pleased to believe that Roumania
follows the precepts of comity in this regard as completely and
unreservedly as we ourselves do, and that the American in Roumania is as
welcome and as free in matters of sojourn and commerce and legal resorts
as the Roumanian is in the United States. We hear no suggestion that any
differential treatment of our citizens is there imposed. No religious
test is known to bar any American from resorting to Roumania for
business or pleasure. No attempt has been made to set up any such test
in the United States whereby any American citizen might be denied
recourse to the representatives of Roumania in order to authenticate
documents necessary to the establishment of his legal rights or the
furtherance of his personal interests in Roumania. And in welcoming
negotiations for a convention of naturalization Roumania gives proof of
her desire to confirm all American citizens in their inherently just
rights.
Another consideration, of cognate character, presents itself. In the
absence of a naturalization convention, some few States hold
self-expatriation without the previous consent of the sovereign to be
punishable, or to entail consequences indistinguishable from banishment.
Turkey, for instance, only tacitly assents to the expatriation of
Ottoman subjects, so long as they remain outside Turkish jurisdiction.
Should they return thereto their acquired alienship is ignored. Should
they seek to cure the matter by asking permission to be naturalized
abroad, consent is coupled with the condition of non-return to Turkey.
It is the object of a naturalization convention to remedy this feature
by placing the naturalized alien on a parity with the natural-born
citizen and according him due recognition as such. This consideration
gives us added satisfaction that negotiations on the subject have been
auspiciously inaugurated with Roumania. If I have mentioned this aspect
of the matter, it is in order that the two Governments may be in accord
as to the bases of their agreement in this regard; for it is
indispensable that the essential purpose of the proposed convention
should not be impaired or perverted by any coupled condition of
banishment imposed independently by the act of either contracting party.
The United States welcomes now, as it has welcomed from the foundation
of its government, the voluntary immigration of all aliens coming hither
under conditions fitting them to become merged in the body-politic of
this land. Our laws provide the means for them to become incorporated
indistinguishably in the mass of citizens, and prescribe their absolute
equality with the native born, guaranteeing to them equal civil rights
at home and equal protection abroad. The conditions are few, looking to
their coming as free agents, so circumstanced physically and morally as
to supply the healthful and intelligent material of free citizenhood.
The pauper, the criminal, the contagiously or incurably diseased, are
excluded from the benefits of immigration only when they are likely to
become a source of danger or a burden upon the community. The voluntary
character of their coming is essential,--hence we shut out all
immigration assisted or constrained by foreign agencies. The purpose of
our generous treatment of the alien immigrant is to benefit us and him
alike,--not to afford to another State a field upon which to cast its
own objectionable elements. A convention of naturalization may not be
construed as an instrument to facilitate any such process. The alien,
coming hither voluntarily and prepared to take upon himself the
preparatory, and in due course the definite obligations of citizenship,
retains thereafter, in domestic and international relations, the initial
character of free agency, in the full enjoyment of which it is incumbent
upon his adoptive State to protect him.
The foregoing considerations, whilst pertinent to the examination of the
purpose and scope of a naturalization treaty, have a larger aim. It
behoves the State to scrutinize most jealously the character of the
immigration from a foreign land, and, if it be obnoxious to objection,
to examine the causes which render it so. Should those causes originate
in the act of another sovereign State, to the detriment of its
neighbors, it is the prerogative of an injured State to point out the
evil and to make remonstrance; for with nations, as with individuals,
the social law holds good that the right of each is bounded by the right
of the neighbor.
The condition of a large class of the inhabitants of Roumania has for
many years been a source of grave concern to the United States. I refer
to the Roumanian Jews, numbering some 400,000. Long ago, while the
Danubian principalities labored under oppressive conditions which only
war and a general action of the European Powers sufficed to end, the
persecution of the indigenous Jews under Turkish rule called forth in
1872 the strong remonstrance of the United States. The Treaty of Berlin
was hailed as a cure for the wrong, in view of the express provisions of
its 44th article, prescribing that "in Roumania, the difference of
religious creeds and confessions shall not be alleged against any person
as a ground for exclusion or incapacity in matters relating to the
enjoyment of civil and political rights, admissions to public
employments, functions, and honors, or the exercise of the various
professions and industries in any locality whatsoever," and stipulating
freedom in the exercise of all forms of worship to Roumanian dependents
and foreigners alike, as well as guaranteeing that all foreigners in
Roumania shall be treated, without distinction of creed, on a footing of
perfect equality.
With the lapse of time these just prescriptions have been rendered
nugatory in great part, as regards the native Jews, by the legislation
and municipal regulations of Roumania. Starting from the arbitrary and
controvertible premises that the native Jews of Roumania domiciled there
for centuries are "aliens not subject to foreign protection," the
ability of the Jew to earn even the scanty means of existence that
suffice for a frugal race has been constricted by degrees, until nearly
every opportunity to win a livelihood is denied; and until the helpless
poverty of the Jew has constrained an exodus of such proportions as to
cause general concern.
The political disabilities of the Jews in Roumania, their exclusion from
the public service and the learned professions, the limitations of their
civil rights, and the imposition upon them of exceptional taxes,
involving as they do wrongs repugnant to the moral sense of liberal
modern peoples, are not so directly in point for my present purpose as
the public acts which attack the inherent right of man as a bread winner
in the ways of agriculture and trade. The Jews are prohibited from
owning land, or even from cultivating it as common laborers. They are
debarred from residing in the rural districts. Many branches of petty
trade and manual production are closed to them in the over-crowded
cities where they are forced to dwell and engage against fearful odds,
in the desperate struggle for existence. Even as ordinary artisans or
hired laborers they may only find employment in the proportion of one
"unprotected alien" to two "Roumanians" under any one employer. In
short, by the cumulative effect of successive restrictions, the Jews of
Roumania have become reduced to a state of wretched misery. Shut out
from nearly every avenue of self-support which is open to the poor of
other lands, and ground down by poverty as the natural result of their
discriminatory treatment, they are rendered incapable of lifting
themselves from the enforced degradation they endure. Even were the
fields of education open to them, of civil employment and of commerce,
as to "Roumanian citizens," their penury would prevent rising by
individual effort. Human beings, so circumstanced, have virtually no
alternatives but submissive suffering, or flight to some land less
unfavourable to them. Removal under such conditions is not and cannot be
the healthy intelligent emigration of a free and self-reliant being. It
must be, in most cases, the mere transplantation of an artificially
produced diseased growth to a new place.
Granting that, in better and more healthful surroundings, the morbid
conditions will eventually change for good, such emigration is
necessarily for a time a burden to the community upon which the
fugitives may be cast. Self-reliance, and the knowledge and ability that
evolve the power of self-support must be developed, and, at the same
time, avenues of employment must be opened in quarters where competition
is already keen and opportunities scarce. The teachings of history, and
the experience of our own nation, show that the Jews possess in a high
degree the mental and moral qualifications of conscientious citizenhood.
No class of emigrants is more welcome to our shores when coming equipped
in mind and body for entrance upon the struggle for bread, and inspired
with the high purpose to give the best service of heart and brain to the
land they adopt of their own free will. But when they come as outcasts,
made doubly paupers by physical and moral oppression in their native
land, and thrown upon the long-suffering generosity of a more favored
community, their migration lacks the essential conditions which make
alien immigration either acceptable or beneficial. So well is this
appreciated on the Continent, that, even in the countries where
anti-Semitism has no foothold, it is difficult for these fleeing Jews to
obtain any lodging. America is their only goal.
The United States offers asylum to the oppressed of all lands. But its
sympathy with them in no wise impairs its just liberty and right to
weigh the acts of the oppressor in the light of their effects upon this
country, and to judge accordingly.
Putting together the facts now painfully brought home to this Government
during the past few years: that many of the inhabitants of Roumania are
being forced, by artificially adverse discriminations, to quit their
native country; that the hospitable asylum offered by this country is
almost the only refuge left to them; that they come hither unfitted by
the conditions of their exile to take part in the new life of this land
under circumstances either profitable to themselves or beneficial to the
community; and that they are objects of charity from the outset and for
a long time,--the right of remonstrance against the acts of the
Roumanian Government is clearly established in favor of this Government.
Whether consciously and of purpose, or not, these helpless people,
burdened and spurned by their native land, are forced by the sovereign
power of Roumania upon the charity of the United States. This Government
cannot be a tacit party to such an international wrong. It is
constrained to protest against the treatment to which the Jews of
Roumania are subjected, not alone because it has unimpeachable ground to
remonstrate against the resultant injury to itself, but in the name of
humanity. The United States may not authoritatively appeal to the
stipulations of the Treaty of Berlin, to which it was not and cannot
become a signatory, but it does earnestly appeal to the principles
consigned therein, because they are the principles of international law
and eternal justice, advocating the broad toleration which that solemn
compact enjoins, and standing ready to lend its moral support to the
fulfilment thereof by its co-signatories, for the act of Roumania itself
has effectively joined the United States to them as an interested party
in this regard.
Occupying this ground and maintaining these views, it behoves us to see
that in concluding a naturalization convention no implication may exist
of obligation on the part of the United States to receive and convert
these unfortunates into citizens, and to eliminate any possible
inference of some condition or effect tantamount to banishment from
Roumania with inhibition of return or imposition of such legal
disability upon them by reason of their creed, as may impair their
interests in that country or operate to deny them judicial remedies
there which all American citizens may justly claim in accordance with
the law and comity of nations.
I am, Sir,
Your obedient servant,
JOHN HAY.
* * * * *
AMERICAN CIRCULAR NOTE TO THE GREAT POWERS.
DEPARTMENT OF STATE, WASHINGTON,
_August 11, 1902_.
SIR,--In the course of an instruction recently sent to the Minister
accredited to the Government of Roumania in regard to the bases of
negotiation begun with that Government looking to a convention of
naturalization between the United States and Roumania, certain
considerations were set forth for the Minister's guidance concerning the
character of the emigration from that country, the causes which
constrain it, and the consequences so far as they adversely affect the
United States.
It has seemed to the President appropriate that these considerations,
relating as they do to the obligations entered into by the signatories
of the Treaty of Berlin of July 13, 1878, should be brought to the
attention of the Governments concerned and commended to their
consideration in the hope that, if they are so fortunate as to meet the
approval of the several Powers, such measures as to them may seem wise
may be taken to persuade the Government of Roumania to reconsider the
subject of the grievances in question.
* * * * *
(This note continues in the language of the foregoing despatch from the
words: "The United States welcomes now, etc." down to words: "as an
interested party in this regard.")
* * * * *
You will take an early occasion to read this instruction to the Minister
for Foreign Affairs and, should he request it, leave with him a copy.
JOHN HAY.
* * * * *
_Reply of Great Britain._
(Mr. Bertie to Mr. Choate.)
FOREIGN OFFICE,
_September 2, 1902_.
YOUR EXCELLENCY,--I have the honour to acknowledge the receipt of your
note of the 23rd ultimo, inclosing a copy of a dispatch from Mr.
Secretary Hay on the subject of the conditions of the Jews in Roumania.
His Majesty's Government joins with the United States Government in
deploring the depressed condition of the Roumanian Jews and in regarding
with apprehension the results of their enforced emigration.
His Majesty's Government will place themselves in communication with
the other Powers signatory of the Treaty of Berlin, with a view to a
joint representation to the Roumanian Government on the subject.
FRANCIS BERTIE.
(_In the absence of the Marquis of Lansdowne._)
("Foreign Relations of the United States (1902)," pp. 910 _et seq._, 42
_et seq._, and 550).
* * * * *
(_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.