in proposing a modification of
the Constitution by which equal rights should be accorded to the Jews in
all the Cantons. Unfortunately not all the Cantons agreed,[75] and in
1857 American public opinion became much excited at the discovery that
in the Canton of Neufchatel American citizens of the Jewish faith could
not be protected by American passports.[76] From this time until 1861
the United States took the place of France as the champion of Religious
Liberty in Switzerland, and was strongly supported by Great Britain.[77]
Her efforts, however, were not successful, and it was still reserved for
France to settle the question.

The opportunity presented itself when in the early sixties, under the
influence of Cobden and Chevalier, France denounced all her Commercial
Treaties. In negotiating the new Treaty with Switzerland she resolutely
set her face against all discriminations, or possibilities of
discrimination, between French citizens on the score of religion. The
result was that she obtained in her new Treaty (June 30, 1864) a form of
article without precedent in instruments of the kind.[78] In place of
"National treatment," French citizens in Switzerland "without
distinction of creed" were assured the same treatment as was accorded to
"Christians."[79] This striking victory was speedily followed by the
abolition of all Jewish disabilities throughout the Confederation.[80]

A series of more formidable cases of the same kind arose at a later
period out of the disabilities imposed on Jews in Russia. The Powers
mainly affected were the United States and Great Britain. Both had
Treaties of Commerce with Russia, the American Treaty having been
concluded in 1832 and the British in 1859. Both Treaties contained, in
substantially the same form, articles guaranteeing reciprocal "National
treatment" to the subjects of the High Contracting parties. There is,
however, an extraordinary contrast in the interpretation of these
Treaties by the British and American Governments respectively.

The question first came up for consideration in 1862. Certain British
Jews resident in Warsaw complained that the disabilities imposed upon
native Jews were also imposed upon them, and they appealed to Her
Majesty's Government for protection. Lord John Russell held that the
articles of the Treaty of 1859, by which British subjects in Russia and
Russian subjects in England were to be treated on an equal footing with
the nationals of those coun