Article 44. In Roumania, difference in religious beliefs and confessions shall not be brought against anyone as a ground for exclusion or unfitness as regards the enjoyment of civil and political rights, admission to public offices, functions, and honors, or the exercise of various professions and industries in any place whatever. Freedom in outward observance of all creeds will be assured to all subjects of the Roumanian state, as well as to strangers, and no obstacle will be raised either to the ecclesiastical organization of different bodies, or to their intercourse with their spiritual heads.
The citizens of all states, whether merchants or others, shall be dealt with, in Roumania, without distinction of religion, on the basis of perfect equality.
In the constituante which was convoked soon after to discuss the question of giving the Jews equal political rights, an interesting picture is obtained of the sentiment of the upper and middle classes of Roumania.[40] An overwhelming majority was opposed to the granting of political rights to the Jews on the ground that Roumania was a Christian-Latin State, or on the purely nationalistic ground that the Jews were an alien and utterly unassimilable element of the population. To meet the demands of the Powers the principle of individual naturalization was adopted, by which an alien could be granted naturalization individually and only by a special vote of the Chamber of Deputies. Other onerous conditions, such as the requirement of a ten years' residence in the country for citizenship, and the prohibition of the purchase by aliens of rural estates, showed conclusively that Roumania was prepared to give only formal assent to the demand of the Powers.[41] After a year of negotiations, the three Powers agreed to the recognition of her independence, expressing the hope that the Roumanian government would recognize the inadequacy of the revised article and especially of the principle of individual naturalization as meeting the conditions of the Berlin Treaty, and would aim towards a complete emancipation of all her subjects.[42]
The situation at the beginning of the eighties presented but little hope of improvement in the political condition of the Jews. Eight hundred and eighty-three Jews who had fought in the war for independence had been naturalized en masse. With the exception of this small number, the Jews were legally classed as foreigners.[43] Shortly after, owing to the fact that Austria-Hungary had withdrawn its protection from several thousands of its Jewish citizens resident in Roumania, the entire body of Jews received a new legal status, that of "foreigners not subject to any foreign Power". In other words, they were stateless, though subject to all the obligations of Roumanian citizens, including military service and the payment of taxes. This legal status of the Jews has received the attention of the world and marks a condition of things which according to Bluntschli is "a denial of the entire development of European states".[44]
Freed from the control of the Powers, Roumania now entered on a new campaign of discrimination against the Jews. The first decade of the eighties saw this begun in a series of laws which for completeness finds no parallel even in Russia. At the very beginning, a law giving the police the right of domiciliary visitation and of expelling under the vagabond law anyone in the rural districts, was employed against the Jews, resulting in their frequent expulsions into the towns. The enforcement of the law against rural residence was so strict as to create practically the same situation as exists in the Russian Pale. The law of 1883, prohibiting lotteries, and in the following year the law prohibiting hawking or any form of sale from house to house or on the streets deprived several thousands of Jewish families of their livelihood.
It was in 1886 and 1887, however, when the laws which were to create a national industry and commerce were introduced, that a serious step was taken to exclude the Jews from economic activity. On the assumption that occupations were a civil right to which aliens could or could not be admitted, the Jews were systematically deprived even of the civil rights which had been theirs, to a great extent, before the Berlin Congress sought to make them politically free. As foreigners, the Jews were prohibited the right of choosing electors for the newly-created Chambers of Commerce and Trade, or of becoming members of these chambers although they formed a large majority of the merchants and manufacturers represented in these important bodies. A still more serious provision was that which decreed that five years after the foundation of a factory two-thirds of the workingmen employed therein must be Roumanians. Jews were also partly excluded from the administrative positions in joint-stock companies. They were completely excluded from employment in the financial institutions of the state, from the state railway service, and, by a provision that two-thirds of the employes on private railways must be Roumanians, were practically excluded from these as well. The sharpest blow, however, was struck in 1902, when a new law for the organization of trades, popularly known as the Artisans' Bill, was passed. In this law there is to be seen a revival of the guild organizations of the Middle Ages. To pursue his occupation every artisan was required to obtain a certificate from a guild. Jewish master artisans and workmen were hit by the requirement that aliens in order to have the right of working in accordance with this law must prove that in their own country reciprocal rights existed for Roumanians, or obtain an authorization from a Chamber of Commerce or Industry. Whatever value this requirement may have had for the protection of Roumanian workmen in foreign countries, its chief effect was to place in a position of economic helplessness the majority of the Jewish workmen as "aliens not subject to any foreign Power", and largely unable to secure authorization from such chambers controlled by competitors. Other clauses, requiring that all workingmen belong to a guild, and that fifty workmen possessing civil and political rights are empowered to form a guild, put the control of trades into the hands of non-Jews, although the majority of the artisans in many of the trades were Jews.
A similar policy was pursued with reference to the cultural activities of the Jews. A circular of the minister of public instruction, issued in 1887, ordered that preference should be given to Roumanian children, in cases where there was not enough room in the elementary schools for all. This began the gradual exclusion of Jewish children from the Roumanian elementary schools. The formal treatment of the Jews as aliens in the educational system was introduced in 1893, when all aliens were required to pay fees for entrance into the public schools, and were admitted only in case there was enough room for them. The effect of these laws was seen in the diminished proportion of Jewish children in the elementary schools. Similar provisions for the secondary and high schools and universities largely closed the doors of these institutions to the Jews. From schools of agriculture and forestry, and of commerce they were completely excluded.
To the educational restrictions were added restrictions to professional service. As aliens, they were forbidden to be employed in the public sanitary service and health department as physicians, pharmacists, etc., from owning as well as working in private pharmacies, and from entering other professional fields.
The almost complete agreement of the two principal parties—liberal and conservative—explains the thoroughness and uninterrupted progress of this process of piling up disability upon disability. The explanation is partly to be found in the constitution of Roumania, the electoral law of which places the political powers in the hands of two classes—the landed aristocracy and the urban, or middle class. The vast majority of the peasants are excluded by educational and property qualifications, obtaining only indirect representation. Had the Jews been granted political rights, they would have shared political power with the other two classes. It is through the second electoral college, of both the Senate and the Chamber of Deputies, that the middle class is represented politically. As manufacturers and merchants, as urban dwellers, as members of the liberal professions and as graduates of the elementary schools, the Jews would have become the most important part of this electoral college.
Again, the creation of an industry and commerce along national lines was largely a course of action in the interests of this middle class of Roumanian merchants, artisans and laborers. It was in favor of this class that the laws were passed debarring Jews from various occupations and seeking essentially to wrest the industrial and commercial monopoly from their hands.