Notes on the Diplomatic History of the Jewish Question / With Texts of Protocols, Treaty Stipulations and Other Public Acts and Official Documents

by Lucien Wolf

(Bernhardt: op. cit., p. 561.)

(b) CONSULAR PROTECTION.

Besides natural born and naturalised Jewish subjects of intervening States, there is another class of Jews on whose behalf protective interventions have been exercised on grounds of right. These are native Jews who for one reason or another have acquired Consular Protection under the Capitulations and other exterritorial privileges enjoyed by foreign States in Oriental and semi-barbarous countries. The origin of this protection has already been briefly described.[94]

The exact national status of the persons on whom it is conferred is not easy to define, but in the Foreign Jurisdiction Orders in Council they are assimilated with "British subjects" so far as British exterritorial jurisdiction is concerned,[95] and this roughly has been the practice of all States exercising Consular Protection.

The system lent itself easily to abuse and fraud, chiefly because exterritoriality in the countries in which it was exercised generally carried with it immunity not only from arbitrary exactions but also from ordinary taxation. Moreover, in the case of native Jews who often suffered from Moslem fanaticism—chiefly in Morocco and Persia—Consular Protection was exercised from motives of humanity, and for that purpose more or less fictitious qualifications were found for them. We get a curious glimpse of the loose way in which Consular Protection was granted from the Anglo-Turkish Treaty of 1809. Under the Capitulations (Arts. LIX and LX) native interpreters and servants of the Embassy were free of taxes and indeed of Turkish jurisdiction generally. By the Treaty of 1809 (Art. IX) it was agreed that in future the berats of interpreters should not issue to "artizans, shopkeepers, bankers and other persons not acting as interpreters."[96] Owing to this stipulation and the sensitiveness of the Porte in regard to its jurisdiction over its own subjects, irregular Protections were discontinued in Turkey. This, however, was not a source of serious grievance to Jews, as on the whole they have been extremely well treated in the Ottoman Empire.

It is not generally known—and the fact may prove of peculiar importance at the present moment—that all Russian Jews settled in Palestine are, on certain conditions, entitled to claim British protection and so much of the status of British subjects as this privilege implies. In 1849, when there was a considerable influx of Russian Jews into Jerusalem, the Russian Government, having no Consul in the city and for other reasons, desired to get rid of the responsibility of protecting them. Accordingly an arrangement was arrived at between the British and Russian authorities permitting such Jews, on receiving papers of dismissal from their Russian allegiance from the Vice-Consul at Jaffa, to register at the British Consulate as British protégés. A large number availed themselves of the privilege. There is nothing to show that the Agreement of 1849 was ever cancelled.[97]

In Morocco the Consular Protection System affected Jews more closely than in Turkey. It was for many years their sole protection against the oppressions of the Bashaws and the cruel fanaticism of the people, and on this ground there was much to be said for its so-called abuses and irregularities. The right of protection seems to have been derived from a very loosely worded article of the Anglo-Moorish Treaty of 1728, granting immunity from taxation to all the native servants of British subjects, whether Moors or Jews.[98] This Treaty was abrogated by the general Treaty of 1856 (Article XXXVIII) and a more definite scope was given to British Consular jurisdiction (Article III), but in a Treaty of Commerce signed on the same day, it was expressly stipulated (Article IV) that native agents employed by British subjects "shall be treated and regarded as other subjects of the Moorish dominions."[99] Nevertheless, the old abuses continued in virtue of the "Most favoured nation" clause,[100] and a very large number of native Jews received protection at the hands of the Consuls of all the Powers, partly on account of their usefulness and partly on account of the insecurity of their lives and property under the Moorish authorities.

It was, however, difficult to restrain Moorish fanaticism, and the Consuls were frequently called upon to protect their Jewish protégés or to avenge outrages of which they became victims.[101]

DOCUMENTS.

Protection of Russian Jews in Palestine.—the Agreement of 1849.