Mr. Fogg to the Federal Council.
The undersigned, minister resident, &c., has the honor to acknowledge the receipt of the note of the high federal council calling his attention to the demand made upon him by the authorities of the canton of St. Gall, in relation to one Jean Zweifel, alleged to be a naturalized citizen of the United States.
By reference to a former communication of the high federal council, it appears that the said Jean Zweifel is a native of the canton of St. Gall, from whence he emigrated to the United States in the year 1851, and acquired the rights of citizenship in Brooklyn, State of New York, in 1859, and that, subsequently, he returned to his native canton of St, Gall, where he remained a citizen and inhabitant of said canton and there became the father of a child, and has resided there with his family ever since. It further appears that he, Zweifel, is affected with a serious pulmonary malady, in consequence of which he is in extreme indigence, and is unable to maintain himself and his said family.
Upon this state of facts, the authorities of St. Gall, through the high federal council, ask of the undersigned that he take the necessary steps to obtain from the authorities of the State of New York, or of the city of Brooklyn, the means of maintaining the said Zweifel and his family in their present place of abode, or of transporting them to America.
To this demand, the undersigned can do little more than repeat what he had the honor to communicate to the high federal council in his note of May 30, 1863.
Article 3 of the treaty concluded between the Swiss Confederation and the United States provides that:
“The citizens of one of the two republics residing or established in the other who shall desire to return to their country, or who shall be sent thither by a judicial decision, by an act of police, or in conformity with the laws and regulations on morals and mendicity, shall be received at all times and under all circumstances, [Page 399] they, their wives, and their legitimate issue in the country to which they belong, and in which they shall have preserved their rights, in conformity with the laws thereof.”
Now, unless the undersigned entirely misapprehends the import of the above article, here is no engagement on the part either of Switzerland or of the United States to follow and bring back their emigrant citizens residing or established in the territories of the other—be those citizens sick or well, rich or poor. There is only, as it appears to the undersigned, the engagement that if the authorities of one of the two republics shall, “by a judical decision, by an act of police, or in conformity with the laws and regulations on. morals and mendicity,” send back the citizens of the other residing within its territory, such citizens thus sent back shall be received with their wives and children, “in the country to which they belong, and in which they shall have preserved their rights.”
Without at this time raising the question whether, according to the terms of the treaty, the wife and child of Jean Zweifel may rightfully be sent back to the United States—they having been born and always resided in Switzerland— the undersigned would respectfully suggest that the only mode of proceeding under the treaty is for the authorities of St. Gall to send, at their own expense, the said Jean Zweifel, with or without his family, back to New York, or rather to Brooklyn, of which last city he is alleged to be a citizen. If he shall be “received” as is provided for in the treaty, there will be no necessity for any diplomatic interference whatever, or for any appeal to the federal government of the United States.
And, in any case, the undersigned has the honor to inform the high federal council that inasmuch as he sustains no official relations with the State of New York, nor with the city of Brooklyn, he can only communicate to his government copies of this correspondence and await their instructions. Meanwhile he takes occasion to repeat what he said in a former note, that the government of the United States takes no cognizance of pauperism, or mendicity, which pertain exclusively to the local authorities, State, couuty, or communal.
Trusting that the general views and suggestions herewith submitted may be found correct, and commend themselves to the judgment of the high federal council, the undersigned takes this occasion to renew to their excellencies the assurance of his high respect and consideration.