equality with other citizens, and freedom from persecution or discrimination on account of race or religion. Not only did the treaties contain such guarantees,—which, Mr. Dillon states, the small powers in question were quite willing to give,—but they contained a principle new to international law, viz. that a racial minority should be treated in various relations as a separate entity within the State, with separate rights of its own, which it is permitted to enforce against the national government. An illustration of this new principle is found in certain articles of the treaty with Poland relating to educational matters. By these articles the Polish State is actually compelled to permit the Jews, in towns and districts where they constitute “a considerable proportion” of the population, to administer primary education in their own language in the Jewish schools, supported by an allocated part of the state funds. The articles of the treaty which create this extraordinary “minority right” are quoted verbatim below. The two articles must be read together and compared with each other to bring out their full meaning.
“Article 9
“Poland will provide in the public educational system in towns and districts in which a considerable proportion of Polish nationals of other than Polish speech are residents adequate facilities for ensuring that in the primary schools the instruction shall be given to the children of such nationals through the medium of their own language. This provision shall not prevent the Polish Government from making the teaching of the Polish language obligatory in the said schools.
“In towns and districts where there is a considerable proportion of Polish nationals belonging to racial, religious or linguistic minorities, these minorities shall be assured an equitable share in the enjoyment and application of the sums which may be provided out of the public funds under the State, municipal or other budget, for educational, religious or charitable purposes.