Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880

No. 31.
Mr. Kasson to Mr. Evarts.

Legation of the United States,
Vienna, December 24, 1879. (Received January 12, 1880.)

No. 271.]

Sir: In acknowledging your No. 138, with the inclosed copy of the application made in behalf of the Hebrews of Roumania, I beg to advise you of the principles of my action on the same subject in the case of Servia.

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According to the information of this legation, there are some inaccuracies of statement in the memorandum submitted to the Department in behalf of the “Union of American Hebrew Congregations.” It is not necessary, however, here to review that paper. I will only say that Italy is already satisfied with the action of Roumania, and has by her plenipotentiary recognized Roumanian independence. Austria had previously done so. France is about to do the same. Germany is held back by altogether different considerations.

Knowing the sympathies and interest of my government in the condition of this race in the principalities, I have followed the progress of diplomatic intervention and of local legislation with constant attention. I am convinced that, with the exception of always possible isolated instances of injustice, such progress has been made that the only branch of civil rights which now gives just cause of anxiety is that relating to the extent and the mode of granting to the Hebrews the rights of citizenship. It would appear that the equal protection of person and property under the laws has been assured. The principle of naturalization embraces them in common with other races, without distinction. Its practical application is a question so peculiarly pertaining to interior administration as to render foreign judgment upon it almost inadmissible.

It has been my intention to follow in negotiations with Roumania the text of my propositions to Servia. These were intended to secure to American citizens, of all faiths, protection of person and of property, equally with that given to natives, full rights of trade, and full liberty for the exercise by them of the rights of religious faith and of public worship. The stipulations on the latter point follow the language of the article relating thereto in the Treaty of Berlin. Copies of the same are inclosed.

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I have, &c.,

JOHN A. KASSON.

[Inclosure in No. 271.]

Art. IV. There shall be entire liberty of commerce between the persons belonging to the jurisdiction of the principality of Servia and those of the United States of America.

The citizens of the contracting states may, while conforming to the laws of the country, freely reside in all parts of the territory of the other, may traverse this territory, or establish themselves there in business. They shall enjoy in all that concerns their person and property the same security enjoyed by the natives.

They may exercise their industry or their commerce, wholesale or retail, in every part, city, port, or place whatever of the territory of the other state, and to this end they may lease the necessary locations, houses, and stores.

The citizens of Servia in the United States, and the citizens of the United States in Servia, whether they establish themselves or take up temporary residence, shall not be subjected, either in respect to person or property, or in the exercise of their commerce or their industry, to the payment of taxes, general or local, of imposts, or of whatever other impositions or charges, higher than those which are or may hereafter be collected from the natives themselves.

Art. VI. The liberty of religious faith and the open exercise of their worship shall be assured to the persons belonging to the jurisdiction of each of the contracting states in the territory of the other, and no restraint shall be imposed either upon the ecclesiastical organization of the different communions or upon their relations with their spiritual chiefs.