JUDAICA - Wisdom In Torah

French demands imposed upon Switzerland (1797) to exempt
French Jews visiting the country from special customs duties
and taxes. The Helvetic Republic, established in 1798, passed
general resolutions on emancipation. Special taxes on Jews
were abrogated on July 1, 1798, as “a disgrace to the honor of
mankind.” This problem only concerned *Aargau, the one canton
in which Jews were living legally. Full emancipation was
rejected in 1799. The constitution of 1848 declared the theoretical
equality of all Swiss citizens (art. 4), but, in effect, reserved
full rights of citizenship only for members of one of the
recognized Christian churches (art. 41). In 1856 the National
Council decided that Jews living in the cantons permanently
were to benefit from civic and political rights in their places
of residence, and guaranteed their right to move freely within
Switzerland. These resolutions, however, met with strong opposition
from both the public and the authorities of Aargau.
Only on Aug. 27, 1863, was the vote granted to the Jews of
Canton Aargau. The emancipation of Switzerland’s Jews concluded
as it had begun by pressure from the outside. Many
countries (France, the Netherlands, the U.S.A.) requested that
Switzerland not discriminate against their Jewish citizens visiting
there. Threats to cancel commercial treaties were made
by France in 1835 and 1864, and the Netherlands in 1863, if the
rights of their Jewish citizens were not guaranteed. Switzerland’s
consent to such demands created the anomaly of giving
preference to Jews of other countries over Jews of Swiss nationality,
which strengthened the case of those who demanded
full emancipation. On Jan. 14, 1866, all restrictions concerning
the right of Jews to establish residence were abolished, and on
April 19, 1874, article 49 of the new constitution declared full
emancipation in Switzerland.
THE BALKANS. In the Balkan countries (*Greece, *Bulgaria,
*Serbia, and *Romania), which gained their independence
from the *Ottoman Empire with the support of Russia,
the question of the status of Jews was raised as soon as each
country became independent. The Jews were generally loyal
to *Turkey. The Christian insurgents were imbued with religious
fanaticism, and Russia’s hostility toward the Jews was
notorious.
The question of Jewish emancipation became connected
with the fate of Muslim minorities. From the time of establishment
of the Balkan countries, these factors brought about the
intervention of the great powers to help determine the status
of minorities. In the protocol of the Conference of London
(Nov. 30, 1830), which recognized the independence of Greece,
the powers agreed that “all the subjects of the new state, without
distinction of religion, shall be eligible for appointment
in public service, government, and honorary positions, and
their treatment should be based on complete equality in all
religious, civic and political matters.”
In the irade (a decree on governmental organization),
which the sultan gave to Serbia on Dec. 24, 1838, the obligation
of the government to “protect the property, the freedom, and
the honor” of all the inhabitants was emphasized. After the
emancipation
Crimean War, the protocol of the Council of Constantinople
(Feb. 11, 1856) declared that in the principalities of the Danube
(Moldavia and Wallachia, which by their union formed
the Kingdom of Romania) “freedom would be given to all
the members of the various religions, and all of them, without
distinction of religion, would be accorded the protection
of the law, would be eligible for employment in the service of
the public and society, and would be authorized to acquire
lands and real estate.” The Treaty of Paris (Aug. 19, 1858), however,
stated in article 46 that “those belonging to the Christian
Churches would benefit from political equality, while the extension
of political rights to other elements of the population
was the concern of the legislature.” Agreeing in principle with
the non-equality practiced in Serbia and Romania, the article
continued to be the source of discrimination and expulsions
(in Serbia, 1856 and 1869; in Romania, 1867–70, etc.), and even
riots (in Romania, 1866–68).
It was only in Greece that emancipation gradually materialized
(1870–72) without any additional outside pressure.
In the other Balkan countries, emancipation was guaranteed
by the Congress of Berlin, where, as a result of the numerous
intercessions of the Alliance Israélite Universelle, it was decided
that special articles on equality in Bulgaria, Serbia, and
Romania would be a condition for international recognition
of their independence. The article on Bulgaria declared that
“no person should be deprived of his civic or political rights
because of his religious beliefs,” and that “all the inhabitants
of the Bulgarian Principality, without distinction of religion
or race, may be accepted into every public office, government
service, and honorary position.” With respect to Serbia, the
Congress decided to consent to Serbian independence on the
condition that religious freedom be recognized. The kingdoms
of Bulgaria and Serbia included the articles on emancipation
in their constitutions.
ROMANIA. The situation developed differently in Romania.
Article 44, ratified at the Congress of Berlin, dealt with emancipation
in Romania, and although not explicitly mentioning
the Jews, reflected an understanding of their oppressed position
in that country and was directed toward ameliorating
it. The article declared “the differences between the religious
faiths, or the credo of any person, cannot serve as a pretext
for exclusion from the society which enjoys civic and political
rights, or from certain professions, categories of crafts or
industry, in any place.” “Freedom of worship,” the article continued,
“shall be guaranteed to members of all religions in Romania,
as well as to all foreigners, and no obstacles shall be
laid in the way of the hierarchic organization of the various
communities or their relations with their spiritual leaders.
The treatment of the subjects of all the powers, businessmen,
or others, when in Romania, shall be on the basis of complete
equality.” In actual practice, the Romanian government found
a way to nullify this article. Although formally drafting the
seventh article of its constitution according to the demands of
the Congress of Berlin (the difference in religions and faiths in
ENCYCLOPAEDIA JUDAICA, Second Edition, Volume 6 381