Page:International law and the discriminiations practices by Russia under the Treaty of 1832 (IA internationallaw00kuhn).pdf/20

 to be or is permissible. Any citizen who violates his duty of neutrality subjects himself not only to the loss of his right to protection, but also to affirmative penalties. The Supreme Court has said, in Kennett v. Chambers, 14 How., 38:

"'‘For, as sovereignty resides in the people, every citizen is a portion of it * * * and when that authority has plighted its faith to another nation, that there shall be peace and friendship between the citizens of the two countries, every citizen of the United States is equally and personally pledged.”"

If every citizen is to be “equally and personally” pledged to abide by a treaty of amity and friendship, every citizen should likewise be “equally and personally” benefited without discrimination under treaties relating to the citizens of his country.

The treaty thus involves fundamental danger to the equality involved in republican institutions. It is for that reason that France is likewise awake to the distinction which Russia has endeavored to import into French citizen¬ ship upon the basis of the Treaty of 1874 between France and Russia, notwithstanding the plain terms of the convention of 1905 which provides that “no distinction shall be made, whatever be the religion.” On December 27, 1909, a full discussion of these discriminations practiced by Russia took place in the French Chamber of Deputies. Mention was made of the incident between France and Switzerland during the Second Empire to which we have already referred, as well as to a precedent which occurred shortly after the Congress of Vienna of 1815. Austria undertook to treat Ottoman Jews differently from other Ottoman subjects because she treated her own Jews differently from her other subjects. The Sublime Porte protested that she could not permit of the slightest difference being made between any Turkish subjects, no matter what their creed, and in September, 1815, M. de Metternich gave