40
The Romanian
Parliament passed an amendment, Article 7, to the
Constitution on 13 / 25 October 1879
46
. The new piece of legislation adopted the
principle of individual naturalisation and stipulated that religion did not form
an obstacle to the acquisition of civil and political rights.
47
The route by which a ‘foreigner’ could obtain naturalisation was explained
in detail, and conditions for naturalisation were given. A person wishing to be
naturalised had to send off an application to the government, after which he
had to reside in Romania for ten years and prove that he was useful to the
country. Exemptions could be made from the ten-year domicile requirement if
the applicant was exceptionally distinguished (for example,
if he had founded a
large company) or if he and also his parents had lived in Romania for all their
lives. In addition, Jewish war veterans of the War of Independence were
naturalised collectively. All other naturalisations, however, were to be granted
individually, each requiring a separate consideration in Parliament.
48
Germany adopted a new approach to the Romanian situation in autumn
1879 when it formed an alliance with Austria. As the Austrians were very
willing to normalise relations with Romania, the Germans could not ignore this
viewpoint.
At the same time, Prime Minister Sturdza at last managed to secure
the final settlement on the railway issue.
49
German shareholders were offered
securities that were issued by the Romanian government and guaranteed by
mortgages on the railways and revenue from the state tobacco monopoly.
50
The
railway settlement, as negotiated in the previous autumn, was finally ratified by
the Romanian Parliament on 2 February 1880 and consequently accepted by
bankers Bleichröder and Hansemann.
51
Article 7, although very narrow in its interpretation of the Treaty of Berlin,
satisfied the Great Powers. The dispute was finally settled when Britain,
Germany, and France together recognised the independence of Romania on 20
February 1880. The first Anglo-Romanian
commercial treaty was signed
immediately after Britain recognised Romanian independence. The Great
Powers, however, promised to observe the application of the naturalisation law
and expressed their hope that Romania would eventually extend the
mechanism of naturalisation. The British government argued that the new
constitutional provisions could not be considered to be a complete fulfilment of
the articles of the Berlin Treaty.
52
The implications of the recognition of
46
The Julian calendar was in use in Romania until the First World War. It was 12 days
earlier than the Gregorian calendar in the 19th century, and 13 days earlier in the
20th century. Throughout this work, dates are given
in the Gregorian calendar,
except if mentioning some important dates of Romanian events, when the dates are
given in both calendars.
47
Monitorul Oficial,13/25 Oct. 1879
48
Monitorul Oficial,13/25 Oct. 1879; Iancu 1987, 82-88; Rey 1903, 484-485; Wolloch 1988,
68-69.
49
Medlicott 1933b, 584-585.
50
Kellogg 1995, 211, 215.
51
Stern 1977, 391.
52
State Papers 1880, no 149, White to Salisbury, 20 Feb. 1880; Cernovodeanu 1990, 255-
256.
41
independence were to cause confusion in later years as far as the intervention
rights of the Powers were concerned.
The Romanians had so far gained a victory in the battle over the Jewish
rights, despite the efforts of the Western Powers. The Romanian government
held its course determinedly, believing that it was vital to the interests of the
country that Jews did not
become citizens.
The Great Powers surrendered
under the persistence of the Romanians; after all, the situation of the Romanian
Jews was hardly the most significant political question at the time. Occasional
foreign protests in the late nineteenth century did not have any effect on
Romania, and the Romanian Jewish cause was not at the centre of international
attention during the two final decades of the century.
From an international point of view, the position of Romanian Jews in the
period discussed in this work, i.e. 1900-1914, should
have been based on the
stipulations of the Congress of Berlin. From an internal Romanian point of
view, the Jewish legal position in the country was based on Article VII of the
Constitution, which defined the conditions of citizenship. Other legal
restrictions relating to foreigners, or to Jews, could be derived from this article.
Although citizenship legislation was supposedly an outcome of the Berlin
Treaty clauses, there was a gap between the interpretation of the clauses by
Romania and their original meaning.
According to Beate Welter, the Romanian Jews were no longer an issue in
international politics after the consular agreement of 1899 with Austria.
However, it is open to question whether the consular
treaty was the decisive
factor in the Jewish question. Welter also claims that from the 1880s onwards,
Romania was seen as an interesting possible ally in the Balkans by almost all the
Great Powers, and nobody wanted to irritate her. Another reason why the
Romanian Jews were forgotten in international politics was the increasing
European involvement in colonial business overseas.
53
Furthermore, Welter argues that when the sovereignty of Romania was
recognised in 1880, the status of the Great Powers as guarantors, as defined in
the 1858 Treaty of Paris, ended, and they could no longer intervene in
Romanian affairs.
54
Usually the situation was comprehended differently,
however. The contemporaries (outside Romania)
held that the Powers were
entitled to interfere if the terms of the Berlin Treaty were broken. This was also
the attitude of the British government. The Treaty of Berlin was still often
referred to in 1880-1914, and the possibility of intervention was brought up
frequently, not only in the context of the Jewish question, but in discussing
other Balkan problems as well.
Although the British government had been friendly to the Jewish cause, it
had simply not been able to impose Article 44 of the Berlin Treaty on Romania
in the late nineteenth century. This could only have been done effectively in co-
53
Welter 1989, 202. Welter holds the consular treaty between
Romania and Austria as
very important, which is unusual as other historians tend not to mention it at all. The
most likely explanation for this is perhaps the fact that Welter relies, for the most
part, on the Austrian archival sources.
54
Welter 1989, 156.