Notes on the Diplomatic History of the Jewish Question Part 13

3. They may carry on their commerce, either in person or by any agents whom they may think fit to employ.

4. They shall not be subject, in respect of their persons or property, or in respect of pa.s.sports, licences for residence or establishment, nor in respect of their commerce or industry, to any taxes, whether general or local, nor to imposts or obligations of any kind whatever, other or greater than those which are or may be imposed upon native subjects.

(Bernhardt: _op. cit._, pp. 721, 724-725.)

_Interpretation by Great Britain, 1862 and 1881. Despatch from Lord Granville to H.B.M. Amba.s.sador at St. Petersburg._

_Earl Granville to Sir E. Thornton._

FOREIGN OFFICE,

_December 28th, 1881_.

SIR,--In my preceding despatch of to-day I have discussed the question whether Mr. Lewisohn, in the arbitrary expulsion from Russia to which he was subjected in September of last year, was treated in accordance with the Russian law as applied to foreign Jews. It now remains to be considered whether Her Majesty's Government are ent.i.tled to claim for a British subject of the Jewish faith immunity from the operation of these laws, under the Treaty between Great Britain and Russia of 1859.

It will be seen that Article I of that Treaty secures to foreigners the same rights as are enjoyed by native subjects generally, but the stipulations of that Article are not to affect the laws, decrees, and special regulations regarding commerce, industry and police in vigour in each of the two countries, and applicable to foreigners generally; and again, by Article XI, they are not to be subjected to imposts or obligations of any kind whatever other and greater than those which are or may be imposed on native subjects.

The Treaty is no doubt open to two possible constructions: the one, that it only a.s.sures to British subjects of any particular creed the same privileges as are enjoyed by Russian subjects of the same creed; the other that the privileges accorded to British subjects are accorded to all alike, without regard to the religious body to which they belong.

If the latter construction be adopted, British Jews in Russia would be ent.i.tled to be relieved from the disabilities to which native Jews are liable, but such a construction would also involve the supposition that Russia had agreed to create a state of things inconsistent with the traditions of her Government, which could not fail to be a source of embarra.s.sment to her.

Upon an examination of the archives of this Department, it has been found that the position of the Jews in Russia formed the subject of a complaint from certain British subjects of that religion at Warsaw in 1862, and that Her Majesty's Government then came to the conclusion that they would not be justified in claiming exemption for British Jews in Russia from disabilities to which their Russian co-religionists were liable by law.

On that occasion Earl Russell informed Lord Napier, then Her Majesty's Amba.s.sador at St. Petersburgh, that the effect of the 1st and 11th Articles of the Treaty was to place British subjects on the footing of Russian subjects before the law, each cla.s.s being alike, and one not more than the other amenable to all general laws applicable in like cases; that as Russian subjects, being Jews, incurred certain disabilities, the equality intended and provided for by the Treaty was not infringed by British subjects who were Jews and resident in Russia sharing the same disabilities. The despatch went on to say that it would seem to be beyond the scope and general intent of a Treaty of Commerce and Navigation if it were to be held to repeal in the persons of foreigners the legal disabilities to which, for reasons of general State policy, particular cla.s.ses of individual natives of the country had been subjected, and it was hardly to be supposed that such an interpretation would be accepted or adopted by an independent Government as against itself.

Her Majesty's Government feel that they cannot now insist upon a construction of the Treaty at variance with that which was placed upon it in 1862.

I am, &c.,

GRANVILLE.

("Parl. Paper, Russia," No. 4 (1881), p. 21.)

_Interpretation by Great Britain, 1891. Letter from the Marquis of Salisbury to Sir Julian Goldsmid._

FOREIGN OFFICE,

_January 29th, 1891_.

SIR,--With reference to the letter from this office of the 16th ultimo and to previous correspondence respecting the position of British Jews in Russia, I am directed by the Marquis of Salisbury to inform you that the question has been fully considered in communication with the Law Officers of the Crown.

Her Majesty's Government are advised that, so long as the disabilities to which British and Russian Jews are subjected are substantially the same, it is not open to Her Majesty's Government to depart from the interpretation of Treaties laid down in Lord Granville's despatch of December 28, 1881.

You will find a copy of this despatch on page 21 of the Parliamentary Paper "Russia No. 4, 1881."

I am, Sir,

Your most obedient, humble Servant,

T. H. SANDERSON.

SIR J. GOLDSMID, BART., M.P.

_Interpretation by Great Britain, 1912. Letter from Sir Edward Grey to the Conjoint Committee._

FOREIGN OFFICE,

_October 1st, 1912_.

GENTLEMEN,--Secretary Sir E. Grey has had under his careful consideration your Memorial of August 2nd last on the subject of the grievances caused by the restrictions imposed in Russia on British subjects of the Jewish faith in regard to the interpretation of Articles I and XI of the Treaty of Commerce between this country and Russia of January 12th, 1859.

I am to inform you that, inasmuch as the construction which should be placed on the Articles of the Treaty was carefully considered by His Majesty's Government in 1862, and again in 1881, His Majesty's Government would not now be able to reverse the decision then arrived at, and that an attempt to do so, or to interpret and utilise the Treaty in a sense contrary to the spirit of that decision, would only lead to its termination by formal notice as provided for by the Treaty at the end of twelve months. Such result would in no way advance the interests of those whom you represent, and would in other respects be disadvantageous to British interests. Sir E. Grey, therefore, regrets that he is unable to approach the Russian Government in the sense desired.

I am, Gentlemen,

Your most obedient humble Servant,

EYRE A. CROWE.

THE CONJOINT JEWISH COMMITTEE,

19 FINSBURY CIRCUS, E.C.

("Annual Report, Board of Deputies, 1912," pp. 81-82.)

ART. XIII. ANGLO-MOORISH TREATY, _December 9, 1856_.

Article XIII. All British subjects, whether Mahometans, Jews, or Christians, shall alike enjoy all the rights and privileges granted by the present Treaty and the Convention of Commerce and Navigation which has also been concluded this day, or which shall at any time be granted to the most favoured nation.

(Bernhardt: _op. cit._, p. 561.)

(_b_) CONSULAR PROTECTION.