No. 264.
Mr. Bancroft to Mr. Fish.

No. 599.]

Sir: I have the honor to inclose to you herewith the translation of a note received to-day from the secretary of state for foreign affairs, dated June 24, calling attention to an order issued by the district court of the United States at New York, directing the sworn testimony of German citizens at Aix-la-Chapelle and other places in Germany to be taken by the United States consuls at those posts, and objecting to the same as attributing to said consuls functions not warranted by the provisions of Article IX of the American-German consular convention.

I remain, &c.,


Mr. Von Bülow to Mr. Bancroft.

According to intelligence which has reached the undersigned, the district court of the United States for New York has, in a suit brought by the officers of the customhouse at New York against the branch there established of the firm of S. U. Wolff & Co., of Cassel, issued an order, upon motion of the United States district attorney, directing that the American consuls at Aix-la-Chapelle, Frankfort, Berlin, and Leipsic, or their authorized agents, with assistance of United States commissioners to be specially sent to Europe for that purpose, shall take the sworn testimony of German subjects in the said cities and other places within the German Empire.

The undersigned believes that no elaborate representation is requisite to make it clear that the functions attributed to the consular officers of the United States in the German Empire by this order of the court cannot be derived from the provisions of Article IX of the German-American consular convention.

The undersigned, satisfied that his ardent wish that every cause for difference of opinion between two so friendly governments may be avoided will be in the fullest degree shared by the envoy extraordinary and minister plenipotentiary, Mr. Bancroft, believes that he may restrict himself to the present statement, and seizes with pleasure this occasion to renew to Mr. George Bancroft the expression of his most distinguished consideration.