Page:International law and the discriminiations practices by Russia under the Treaty of 1832 (IA internationallaw00kuhn).pdf/12

 In the form in which Article I of the Treaty was finally ratified, the objection of President Fillmore was only partially met. It reads as follows:

"“The citizens of the United States of America and the citizens of Switzerland, shall be admitted and treated upon a footing of reciprocal equality in the two countries, where such admission and treatment shall not conflict with the constitutional or legal provisions, as well Federal as State and Cantonal of the contracting parties.” Then follow the provisions relating to free establishment, exercise of commerce, etc. (United States Treaties in Force, 1904, p. 769.)"

Mr. Fay, under instructions from the Secretary of State, left no stone unturned to obtain for American citizens of the Jewish faith the same rights and privileges as were accorded to American citizens generally, and personally prepared a petition addressed to the various Cantons of Switzerland in behalf of his contention. This petition was translated into French and German and widely circulated throughout Switzerland. It was reported as an Executive Document. (No. 76, Thirty-sixth Congress, First Session, Vol. 12, p. 67.) It is not necessary to refer to it at length inasmuch as Mr. Fay was prevented from relying upon the strictly legal rights of the United States because of the peculiar limitations which it contained. The entire incident is made the subject of a special paper read before the American Jewish Historical Society by Mr. S. M. Strook in 1903 (“Switzerland and the American Jews,” Publications of the American Jewish Historical Society, 1903, p. 7). It is sufficient to say that Mr. Seward continued through¬ out to demand the removal of discriminations made on ac¬ count of religious faith, notwithstanding the unfavorable language of the Treaty of 1855. He continued his instructions along this line to Mr. Fay’s successor, Mr. Fogg, who co-operated with the French Government. France, at that time, was particularly energetic in demanding full treaty