dent 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.
For many years, curiously enough, the chief offender was the democratic
Swiss Confederation, the Federal constitution of which was exclusively
Christian, while the Cantonal legislation was in many cases frankly and
even aggressively anti-Semitic. Until 1827 the Swiss Commercial Treaties
contained no hint of religious differentiation, but in that year,
availing themselves of the reactionary and clerical sympathies of the
government of Charles X, the Federal Authorities negotiated a Treaty
with France containing a "National treatment" clause, under which the
powers of the separate Cantons to deal as they pleased with Jews were,
in effect, reserved. But this was not all. Lest the clause should be
misinterpreted, the French Minister at Berne was authorised to address a
secret Note to the President of the Swiss Diet acknowledging that it
implied the desired restriction, on "the Jewish subjects of the
King."[67] The transaction was obviously one which could not stand the
light of the Revolution of 1830, and when three years later the
Government of the Canton of Basle applied the Treaty in all its rigour
to French Je
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