tory, and in due course the definite obligations of citizenship,
retains thereafter, in domestic and international relations, the initial
character of free agency, in the full enjoyment of which it is incumbent
upon his adoptive State to protect him.
The foregoing considerations, whilst pertinent to the examination of the
purpose and scope of a naturalization treaty, have a larger aim. It
behoves the State to scrutinize most jealously the character of the
immigration from a foreign land, and, if it be obnoxious to objection,
to examine the causes which render it so. Should those causes originate
in the act of another sovereign State, to the detriment of its
neighbors, it is the prerogative of an injured State to point out the
evil and to make remonstrance; for with nations, as with individuals,
the social law holds good that the right of each is bounded by the right
of the neighbor.
The condition of a large class of the inhabitants of Roumania has for
many years been a source of grave concern to the United States. I refer
to the Roumanian Jews, numbering some 400,000. Long ago, while the
Danubian principalities labored under oppressive conditions which only
war and a general action of the European Powers sufficed to end, the
persecution of the indigenous Jews under Turkish rule called forth in
1872 the strong remonstrance of the United States. The Treaty of Berlin
was hailed as a cure for the wrong, in view of the express provisions of
its 44th article, prescribing that "in Roumania, the difference of
religious creeds and confessions shall not be alleged against any person
as a ground for exclusion or incapacity in matters relating to the
enjoyment of civil and political rights, admissions to public
employments, functions, and honors, or the exercise of the various
professions and industries in any locality whatsoever," and stipulating
freedom in the exercise of all forms of worship to Roumanian dependents
and foreigners alike, as well as guaranteeing that all foreigners in
Roumania shall be treated, without distinction of creed, on a footing of
perfect equality.
With the lapse of time these just prescriptions have been rendered
nugatory in great part, as regards the native Jews, by the legislation
and municipal regulations of Roumania. Starting from the arbitrary and
controvertible premises that the native Jews of Roumania domiciled there
for centuries are "aliens not subject to foreign protection," the
ability o
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