Speech #620065107

We were the moving party. and not Russia. and when it was entered into it was drawn in exact conformity with the laws of both Russia and of the United States. In order that this fact may appear beyond all controversy it is proper that I should call your attention to the terms of the treaty itself. In the first article thereof it provides that the inhabitants of the respective States shall have liberty to go into each others territories " on condition of their submitting to the laws and ordinances there prevailing." and the tenth article of the treaty concludes with this very significant paragraph: But this article shall not derogate in any manner from the force of the laws already published. or iwhich may hereafter be published. by His Majesty the Emperor of all the Russians to prevent the emigration of his subjects. Let us inquire what were the laws of Russia at this thne to which article 10 refers. I find that by the law of Russia. under date of March 23 and August 11. 1S24. foreign Jews. irrespective of nationality. were prohibited from entering Russia. as well as Russian Jews who emigrated without permission. so that under this law no Jew. whether native or foreign born. could enter Russia without her express permission. Inasmuch as this law was enacted by Russia several years before the treaty was entered into. it must be conceded that those who conducted the negotiations on the part of the United States were at the time advised of those provisions. and by the insertion of the article referred to expressly recognized on the part of the United States the right of Russia not only to prohibit the emigration of her subjects without her consent. but also to regulate the manner in which all Jews should be permitted to visit and sojourn in her territory. In this connection it is also important to observe that at the time that this treaty was concluded between the United States and Russia not only both of the high contracting parties. but the entire civilized world. recognized and maintained the doctrine of " Indefeasible allegiance." which doctrine the Russian Government still maintains. I also desire to call the attention of the House to the fact that as early as 1797 the Supreme Court of the United States expressly asserted this doctrine.