Page:International law and the discriminiations practices by Russia under the Treaty of 1832 (IA internationallaw00kuhn).pdf/11

9 Page 9 It must be recalled that the treaty under which the Swiss Cantons had maintained their contention was couched in language much more favorable to their position than anything contained in the Treaty of 1832 with Russia, j The Treaty with Switzerland of 1855 had been, at the time of its adoption by the Senate, the subject of opposition by President Fillmore. In his message transmitting the Treaty to the Senate, he objected seriously to the form in which it was presented and said:

“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 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.” (Richardson’s Messages and Papers of the Presidents, Vol. V, p. 98.)