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 question slumbered for a century and a half, and when it reappeared
the Turk was again on the side of the light. In 1815, there was a
dispute on this subject between Austria and Turkey. At that time the
Jews of Turkey were treated better than the Jews of Austria. Austria
applied to Turkish Jews visiting her territories the disabilities
imposed upon her own Jews. Turkey protested on the ground that,
according to the treaties--mainly the Treaty of Carlowitz--in force
between the two powers, Austria had no right to make any distinction
between Turkish Jews and other subjects of the Ottoman Porte. This
contention was held to be valid by the Austrian Government, and the
incident was terminated by the issue of an instruction to the police of
Lower Austria, where the disabilities complained of were in force,
ordering them to treat all Turkish subjects alike without distinction of
race or creed.
The Treaty of Carlowitz by which this case was governed left very little
option to the Austrian Government,[66] inasmuch as the reciprocity for
which it stipulated was not based, as in other treaties, on what is
known as "National treatment," that is to say that the nationals of each
contracting party visiting the territories of the other shall be treated
on the same footing as the nationals of the territories they visit. The
reason, no doubt, was that the racial and religious heterogeneity of
both Empires, and the differential treatment to which it gave rise in
their respective internal administrations, could not be recognised
internationally without grave risk of friction and controversy. The
lesson was not lost on other States, especially those which desired to
maintain their differential treatment of Jews as against the doctrine of
undenominational Nationality which was chiefly championed by France. The
result was a strengthening of the "National treatment" clause of
commercial treaties, and this, with the progress of religious liberty,
led to a succession of fresh international disputes.
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