iking out the second
clause of the first article and the words "and real" in the fourth
clause. An amendment similar to the last here suggested was made by the
Senate in the convention between the United States and the King of
Bavaria, the ratification of which, as amended, the Senate advised and
consented to on the 15th day of March, 1845.

But there is another and a decisive objection, arising from the last
clause in the first article. That clause is in these words:

On account of the tenor of the federal constitution of Switzerland,
Christians alone are entitled to the enjoyment of the privileges
guaranteed by the present article in the Swiss Cantons. But said
Cantons are not prohibited from extending the same privileges to
citizens of the United States of other religious persuasions.

It appears from this that Christians alone are, in some of the Swiss
Cantons, entitled to the enjoyment of privileges guaranteed by the first
article, although the Cantons themselves are not prohibited from
extending the same privileges to citizens of the United States of other
religious persuasions.

It is quite certain that neither by law, nor by treaty, nor by any other
official proceeding is it competent for the Government of the United
States to establish any distinction between its citizens founded on
differences in religious beliefs. Any benefit or privilege conferred by
law or treaty on one must be common to all, and we are not at liberty,
on a question of such vital interest and plain constitutional duty,
to consider whether the particular case is one in which substantial
inconvenience or injustice might ensue. It is enough that an inequality
would be sanctioned hostile to the institutions of the United States and
inconsistent with the Constitution and the laws.

Nor can the Government of the United States rely on the individual
Cantons of Switzerland for extending the same privileges to other
citizens of the United States as this article extends to Christians. It
is indispensable not only that every privilege granted to any of the
citizens of the United States should be granted to all, but also that
the grant of such privilege should stand upon the same stipulation and
assurance by the whole Swiss Confederation as those of other articles of
the convention.

There have been instances, especially some of recent occurrence,
in which the Executive has transmitted treaties to the Senate with
suggestions of amend