Mr. Fogg to Mr. Seward.
Sir: I have the satisfaction of informing you that, at length, the Swiss government have given me assurance of their readiness to so far modify their present treaty stipulations with the United States as to concede and guarantee general and equal rights and protection to all citizens of the United States, without distinction of religious creed, travelling, sojourning, or doing business in Switzerland. This, you are aware, they have heretofore held themselves not bound to, by reason of the proviso contained in the first article of the treaty negotiated by Mr. Dudley Mann, which proviso subordinates the general scope of the treaty to “the constitutional or legal provisions, as well federal as state and cantonal of the contracting parties.”
[Page 393]Under this sweeping reservation, inserted, doubtless, with special reference to South Carolina’s theory of State sovereignty, and no rights to free negroes, a few of the small Swiss cantons have refused to recognize the application of the treaty to such American citizens as did not profess the Christian religion, and especially to such as adhere to the Israelitish faith. The consequences have been reclamations and complaints preferred to the legation here, and by the legation communicated to the federal council. To all of which the federal council, while regretting the illiberal legislation of those cantons, feel obliged to point to the proviso in the treaty, and to content themselves, after the manner of the successor of Saint Peter, with a “non possumus.”
In a conversation, however, held to-day with the president of the confederation, Mr. Dubs, he informed me that the federal council are now disposed to so amend the existing treaty that no discrimination founded on religious belief shall hereafter be made or endured by citizens of the United States within the limits of the Swiss confederation.
He desired me also to propose to you the addition of a second article of the general purport following:
“The United States accord to Swiss citizens sojourning in those countries of America where Switzerland may have no representative, the same protection, upon demand by the consuls of the United States, as is accorded to their own citizens.”
Upon the admissibility of the above article, or its equivalent, as a treaty stipulation, I confess to some doubts, but I have not considered it carefully enough to have formd an opinion; in some way, I make no doubt, the object sought to be secured by the proposition of the president of the confederation can be reached.
I assured the president that he could rely upon the desire of the President of the United States and yourself to do everything within your rightful authority to strengthen the relations of sympathy and friendship so long and happily subsisting between two sister republics.
Submitting the proposition to your consideration, and awaiting your instructions, I am, very respectfully and sincerely, your obedient servant,
Hon. William H. Seward, Secretary of Slate of the United States of America.