Notes on the Diplomatic History of the Jewish Question: With Texts of Protocols, Treaty Stipulations and Other Public Acts and Official DocumentsWolf, Lucien
History
Notes on the Diplomatic History of the Jewish Question: With Texts of Protocols, Treaty Stipulations and Other Public Acts and Official Documents
Wolf, Lucien
Jews -- Restoration
The right of citizens of the United States to resort to and transact
affairs of business or commerce in another country, without molestation
or disfavor of any kind, is set forth in the general treaties of amity
and commerce which the United States have concluded with foreign
nations, thus declaring what this Government holds to be a necessary
feature of the mutual intercourse of civilized nations and confirming
the principles of equality, equity and comity which underlie their
relations to one another. This right is not created by treaties; it is
recognized by them as a necessity of national existence, and we apply
the precept to other countries, whether it be conventionally declared or
not, as fully as we expect its extension to us.
In some instances, other governments, taking a less broad view, regard
the rights of intercourse of alien citizens as not extending to their
former subjects who may have acquired another nationality. So far as
this position is founded on national sovereignty and asserts a claim to
the allegiance and service of the subject not to be extinguished save by
the consent of the sovereign, it finds precedent and warrant which it is
immaterial to the purpose of this instruction to discuss. Where such a
claim exists, it becomes the province of a naturalization convention to
adjust it on a ground of common advantage, substituting the general
sanction of treaty for the individual permission of expatriation and
recognizing the subject who may have changed allegiance as being on the
same plane with the natural or native citizens of the other contracting
State.
Some States, few in number, be it said, make distinction between
different classes of citizens of the foreign State, denying to some the
rights of innocent intercourse and commerce which by comity and natural
right are accorded to the stranger, and doing this without regard to the
origin of the persons adversely affected. One country in particular,
although maintaining with the United States a treaty which unqualifiedly
guarantees to citizens of this country the rights of visit, sojourn and
commerce of the Empire, yet assumes to prohibit those rights to Hebrew
citizens of the United States, whether native or naturalized.[45] This
Government can lose no opportunity to controvert such a distinction,
wherever it may appear. It cannot admit such discrimination among its
own citizens, and can never assent that a foreign State, of its own
volition, can apply a religious test to debar any American citizen from
the favor due to all.
Public-domain text, read in full here on John Shaqi.
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