described it, in
their important Memorandum of November 1908, "above all a great charter
of Emancipation, especially of civil and religious equality."[37] This
principle is embodied in no fewer than five of its articles, relating to
every political division of the vast region with which it deals, and in
each case it is asserted as the fundamental basis of the liberties
conferred on the various States.[38] In a word, it made it a principle
of European policy that no new State or transfer of territory should be
recognised unless the fullest religious liberty and civil and political
equality were guaranteed to the inhabitants. Thus it marks the triumph
of the principle first tentatively laid down for Holland and Belgium in
Article II of the Protocol of June 1814. Though applied to Greece in the
Protocol of February 1830, it had had to wait nearly fifty years for
universal acceptance.
All the States concerned frankly and honestly accepted this principle,
and put it into operation, except Rumania. By a repetition of the
specious promises of 1858, she again obtained permission to emancipate
her Jews gradually, it being understood that the process would be
hastened, and that full emancipation would be accomplished within a
reasonable time. Unfortunately the phrasing of the articles embodying
the principle left a technical loophole of which Rumania very
dexterously availed herself, inasmuch as it did not make provision
against the application, under Rumanian law, of the _jus sanguinis_ to
the Jews who _qua_ Jews were held to be aliens. The point was not
ignored by the Congress, but no attempt was made to satisfy it as the
intentions of the Congress were clear enough and reliance was placed on
the good faith of Rumania.[39] The result is that for forty years
Rumania has evaded both the will of the Congress and her own promises;
and to-day the Jews of that country, with the exception of a handful who
have been emancipated by individual Acts of Parliament, are the only
Jews in Europe who are denied equal rights with their fellow-citizens.
DOCUMENTS.
* * * * *
EXTRACTS FROM PROTOCOLS OF THE CONGRESS OF BERLIN.
_Protocole No._ 5.--_Seance du 24 Juin, 1878._
M. Waddington donne lecture de deux Articles Additionnels proposes par
les Plenipotentiaires de France, et dont voici le texte:--
"Art. I. Tous les sujets Bulgares, quelle que soit leur religion,
jouiront d'une complete egalite de
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