CHAPTER XXXIII.
RELATIONS WITH RUSSIA. THE PASSPORT QUESTION.
The normal rate of Jewish immigration is but slightly affected by the panic of 1893—Oppressiveness of the Sunday Laws are felt by the new immigrants—The Extradition Treaty with Russia—Beginning of the struggle about the Passport Question—The first Resolution against Russia’s discrimination, introduced in Congress by Mr. Cox in 1879—Diplomacy and diplomatic correspondence—More resolutions—Rayner, Fitzgerald, Perkins—Henry M. Goldfogle—John Hay’s letter to the House—More letters, speeches and discussions—The Sulzer Resolution and the last step to abrogate the Treaty of 1832.
The large increase in Jewish immigration from Russia after the renewed persecutions of 1891, like the general increase in the beginning of the last decade of the nineteenth century, lasted only till the effects of the hard times, which began in the spring of 1893, began to be felt. But the increase in Jewish immigration was more than ordinarily large, or what might be considered for those times as abnormal, only in one year—1892. If this year, in which there arrived 76,417 Jews from Russia,[47] should be eliminated, it is seen that Jewish immigration fell off much less in proportion than general immigration. The general figures are: 560,319 for 1891; 502,917 for 1893; 314,467 for 1894; and 279,948 for 1895. The number of Jewish immigrants from Russia for those years was: 42,145 for 1891; 35,626 for 1893; 36,725 for 1894, and 33,332 for 1895. The cause of it was mentioned in a former chapter—that the largest part of the Jewish immigration now consisted of families or near relatives brought over by those who have established themselves here. The condition of those remaining there was becoming continually worse, while those who were here could, with a little exertion and self-denial, save enough, even in slack times, to save their immediate relatives from the conditions which were becoming unendurable in Russia.
For this large and increasing mass of Russians, the relations between the United States and Russia were a matter of grave concern. And to them, in conjunction with the Galician Jews and the Roumanian Jews, who were, roughly estimated, nearly half as strong numerically as the Russians, the question of the restriction of immigration, which was then being discussed in Congress and in the country generally, was of most vital interest. The fear that the oppressed Jews who were left home could not come in now, and that there might be difficulty even in bringing over members of the family, sufficed to make this question overshadow all others in the mind of the Jewish immigrant; to make it not only the most important, but with many, the sole Jewish problem.
A minor problem which had also become more acute under the changed conditions was the Sunday Laws of the various states. While the laws themselves date further back, some of them from the eighteenth century, and they were not enforced with any more severity than before, the opportunities for conflict with them were now much more frequent. The Jewish immigrants of the former periods, who were mostly traders doing business with their Gentile neighbors, and were also inclined toward Reform Judaism, usually rested Sunday, for economic reasons as well as on account of their religious views. But now there were in many large cities, and especially in New York, large Jewish neighborhoods where brisk trading was done among Jews themselves. There were Jewish shops and factories in which the owners, the managers and foremen, as well as the workers, were Jews. And not only was the proportion of Orthodox Jews among them very large, but even the unbelievers and the radicals among them thought the Sunday laws oppressive and incongruous. It was certainly not what most of them expected to find in the Land of Liberty: to be hampered and interfered with for practices which were then practically permissible in countries like Russia and Austria, where the Churches rule supreme and where Jews are harassed on every imaginable pretext.
Two incidents in the relations with Russia aroused the interest of the Russian Jews in America at that time. The first related to the Treaty of Extradition which was negotiated between the two governments during the first administration of President Cleveland, but was not pressed for ratification, owing to protests which were made against it by Russian Jews and which were seconded by many liberal Americans and by a considerable portion of the press. But the document itself, signed by the representatives of the two governments seven or eight years before, remained in the State Department, and was again presented to the Senate by John W. Foster, a former American Minister to Russia, who held the office of Secretary of State in the last months of the administration of President Benjamin Harrison (1833–1901). It was ratified by the Senate in February, 1893, and the report of its ratification and exchange with Russia was a painful surprise for the Jews of the country, especially for the natives of Russia. Happily the fears about the possible effects of the treaty proved absolutely groundless. Every extradition case under this treaty which was fought in the United States courts was won, and, as far as it is known, not one Russian refugee who made the plea against extradition, claiming that he was wanted for political offences, was ever delivered to Russia.
The second occurrence pertained to a difficulty of long standing: to the general treaty between the United States and Russia which was concluded in 1832. The number of Jews in the United States at that time was comparatively small, and very few of them came from Russia. The intercourse between the two countries was insignificant, and probably no Jew of that time thought of going from America to Russia for any purpose. It could therefore not have occurred to the representatives of our Government in negotiating the treaty that Russia would discriminate against American Jews who might come there. As a matter of fact, the language of the treaty implied equal treatment for all American citizens alike, and is much less objectionable than was the treaty with Switzerland, which was concluded later (see above [Chapter XXIII]), in which discrimination against Jews was knowingly accepted. And while a case of discrimination against an American-Jewish citizen in Switzerland was under consideration by the State Department in Washington at the very time when the treaty of 1855, with the highly objectionable clause, was adopted, more than forty years passed after the adoption of the Russian treaty of 1832 before the question of Russia’s disloyalty to the terms of the treaty attracted the attention of the American Government, although there seems to have been some correspondence about it as early as 1866.[48] The name of a naturalized Jewish citizen, Theodore Rosenstrauss, appears frequently in the diplomatic correspondence of the State Department from 1873 to 1879, and his case was the cause of the following Joint Resolution being introduced in the House of Representatives of the 46th Congress in June, 1879, by Mr. Samuel S. Cox of New York, a member of the Committee on Foreign Affairs:
JOINT RESOLUTION IN RELATION TO TREATY NEGOTIATIONS WITH RUSSIA AS TO AMERICAN CITIZENS.
Whereas, It is alleged that by the laws of the Russian Government, no Hebrew can hold real estate, which unjust discrimination is enforced against Hebrew citizens of the United States resident in Russia; and
Whereas, The Russian Government has discriminated against one T. Rosenstrauss, a naturalized citizen of the United States, by prohibiting him from holding real estate after his purchasing and paying for the same, because of his being an Israelite; and
Whereas, Such disabilities are antagonistic to the enlightened spirit of our institutions and age, which demand free exercise of religious belief, and no disabilities therefrom; and
Whereas, The Secretary of State, under date of April 29, 1879, expresses doubt of his ability to grant the relief required under existing treaty stipulations; therefore
Resolved, By the Senate and the House of Representatives of the United States of America in Congress Assembled, that the rights of the citizens of the United States should not be impaired at home or abroad because of religious belief; and that if existing treaties between the United States and Russia be found, as is alleged, to discriminate in this or any other particular, as to any other classes of our citizens, the President is requested to take immediate action, to have the treaties so amended as to remedy this grievance.
After a debate, in which the fact that English Jews were permitted to own land in Russia, was brought out, this Resolution passed the House of Representatives June 10, 1879, and as far as known was not heard of again.