citizens of the United States professing Judaism--a subject
which received at Mr. Fay's hands a large share of earnest attention and
upon which he addressed the department repeatedly and at much length. It
is very desirable that his efforts to procure the removal of the
restrictions referred to, which, though not completely successful, have
no doubt had much effect in smoothing the way to such a result, should
be followed up by you. You will therefore, after having fully acquainted
yourself with what Mr. Fay has done in the premises and with the views
of the department as expressed to him in the despatches on file in the
Legation, take such steps as you may deem judicious and legal to advance
the benevolent object in question. It is not doubted that further proper
appeals to the justice and liberality of the authorities of the several
Cantons whose laws discriminate against Israelitish citizens of the
United States, will result in a removal of the odious restrictions and a
recognition of the just rights of those citizens.
WILLIAM H. SEWARD,
_Secretary of State_.
(_Ibid._, pp. 47-48.)
* * * * *
ART. I. RUSSO-AMERICAN TREATY, _December_ 18, 1832.
Article I. There shall be between the territories of the high
contracting parties a reciprocal liberty of commerce and navigation.
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 reside in
all parts whatsoever of said territories, in order to attend to their
affairs; and they shall enjoy, to that effect, the same security and
protection as natives of the country wherein they reside, on condition
of submitting to the laws and ordinances there prevailing, and
particularly to the regulations in force concerning commerce.
("Brit. and For. State Papers," vol. xx. p. 267.)
* * * * *
_Interpretation by United States, 1881. Dispatch of Secretary of State
to the American Minister in St. Petersburg._
DEPARTMENT OF STATE, WASHINGTON,
_July_ 29, 1881.
SIR,--...The case would clearly be one in which the obligation of a
treaty is supreme and where the local law must yield. These questions of
the conflict of local law and international treaty stipulations are
among the most common which have engaged the attention of publicists,
and it is their concurre
|