The question slumbered for a century and a half, and when it reappeared the Turk was again on the side of the light. In 1815, there was a dispute on this subject between Austria and Turkey. At that time the Jews of Turkey were treated better than the Jews of Austria. Austria applied to Turkish Jews visiting her territories the disabilities imposed upon her own Jews. Turkey protested on the ground that, according to the treaties--mainly the Treaty of Carlowitz--in force between the two powers, Austria had no right to make any distinction between Turkish Jews and other subjects of the Ottoman Porte. This contention was held to be valid by the Austrian Government, and the incident was terminated by the issue of an instruction to the police of Lower Austria, where the disabilities complained of were in force, ordering them to treat all Turkish subjects alike without distinction of race or creed.
The Treaty of Carlowitz by which this case was governed left very little option to the Austrian Government,[66] inasmuch as the reciprocity for which it stipulated was not based, as in other treaties, on what is known as "National treatment," that is to say that the nationals of each contracting party visiting the territories of the other shall be treated on the same footing as the nationals of the territories they visit. The reason, no doubt, was that the racial and religious heterogeneity of both Empires, and the differential treatment to which it gave rise in their respective internal administrations, could not be recognised internationally without grave risk of friction and controversy. The lesson was not lost on other States, especially those which desired to maintain their differential treatment of Jews as against the doctrine of undenominational Nationality which was chiefly championed by France. The result was a strengthening of the "National treatment" clause of commercial treaties, and this, with the progress of religious liberty, led to a succession of fresh international disputes.
For many years, curiously enough, the chief offender was the democratic Swiss Confederation, the Federal constitution of which was exclusively Christian, while the Cantonal legislation was in many cases frankly and even aggressively anti-Semitic. Until 1827 the Swiss Commercial Treaties contained no hint of religious differentiation, but in that year, availing themselves of the reactionary and clerical sympathies of the government of Charles X, the Federal Authorities negotiated a Treaty with France containing a "National treatment" clause, under which the powers of the separate Cantons to deal as they pleased with Jews were, in effect, reserved. But this was not all. Lest the clause should be misinterpreted, the French Minister at Berne was authorised to address a secret Note to the President of the Swiss Diet acknowledging that it implied the desired restriction, on "the Jewish subjects of the King."[67] The transaction was obviously one which could not stand the light of the Revolution of 1830, and when three years later the Government of the Canton of Basle applied the Treaty in all its rigour to French Jews, the Duc de Broglie, then French Minister for Foreign Affairs, issued an Ordinance suspending the operation of the Treaty in regard to the offending Canton, and followed this up by severing diplomatic relations and by placing a military cordon on the frontier.[68] The King himself approved the action of his Minister in an energetic speech to a deputation of the Consistoire Israélite. However, in 1835 the Ordinance was withdrawn, and until 1850 the peace was more or less preserved by a tacit _modus vivendi_.