Russia and American Jews. of the population. None but the wealthiest and best educated of the Jews are allowed to enter Great Russia—being, roughly speak ing, northern and central Russia to the Urals and the White Sea—yet many are found scattered all through that portion of the Empire. The^only treaty between the United States and Russia containing anything applicable to the question of passports is that of De cember 6-18, 1832—negotiated during the the first administration of President Jackson, between James Buchanan, afterwards Presi dent, our Minister at St. Petersburg, and Count de Nesselrode, Vice-Chancellor of the Russian Empire. Article I. of this treaty reads as follows: "There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and naviga tion. The inhabitants of their respective States shall mutually have liberty to enter the ports, places and rivers of each party wherever foreign commerce is permitted. They shall be at liberty to sojourn and re side in all parts whatsoever of said terri tories, in order to attend to their affairs; and they shall enjoy, to that effect, the same se curity and protection as natives of the coun try wherein they reside, on condition of their submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning commerce." Article X., after providing for the free disposition by will or otherwise of real or personal property belonging to a citizen or subject of one of the high contracting parties, situated with in the jurisdiction of the order, (except where such real property might descend to a person incapable, by reason of alienage, of holding it), concludes as follows: "But this article shall not derogate in any manner from the force of the laws already published, or which may hereafter be published by His Majesty, the Emperor of all the Russias." The treaty was to continue in force until January ist, 1839; and was thereafter subject
46 I
to determination upon one year's notice from either party. Such notice not having, so far, been given, it still stands. There is no treaty between the two countries for the protection of naturalized citizens; but, if pro vided with passports, such citizens of the United States would be entitled to receive, at the hands of this Government, all the protec tion in Russia due to native-born Americans. Mr. Blaine, writing to our Minister at St. Petersburg in 1881, (MSS. Inst. Russia; For. Rel. 1881) said, that from the cases theretofore reported from that Legation, it appeared .that the action of the Russian authorities towards American Tews, visiting Russia, had been either, first: absolute prohi bition of residence in any of the cities of the Empire, because, it was claimed, the Rus sian law permitted no native Jews to reside there, and that the Treaty of 1832 gave American citizens visiting Russia no other rights or privileges than those accorded to native Russians; or, secondly: permission to reside and carry on business, conditionally on membership in the first guild of Russian merchants and taking out a license. He also said, that as the question was traced back ward the conflict between these two courses of action became more apparent, and a con nected understanding of the facts became more difficult. "For every allegation, on the one hand. that native laws, in force at the time the treaty of 1832 was signed, prohibited or lim ited the sojourn of foreign Jews in the cities of Russia, I find, on the other hand, specific invitation to alien Hebrews of good repute to domicile themselves in Russia, to pursue their business calling under appropriate li cense; to establish factories there, and pur chase or lease real estate." . Though Article I. of the treaty says ex pressly that "the inhabitants of their respec tive States shall mutually have liberty to enter the ports, places and rivers of each party wherever foreign commerce is permit
