No. 275.
Mr. Fish
to Mr. Davis.
Washington, November 14, 1874.
Sir: Your No. 33, under date of the 20th of October last, narrating your interview with Mr. von Bülow at the foreign office in relation to the objection interposed by the German government to allowing consuls of the United States to serve as commissioners to take testimony to be used in judicial proceedings pending in this country, has been received.
Your representations to the minister are approved.
Although Mr. von Bülow stated to you that instructions on the subject bad been sent to Mr. von Schlözer a fortnight prior to your interview and conversation, nothing has been heard from that gentleman in this connection. The objection interposed by the German government to the obtaining of testimony in Germany to be used in the courts of this country is much to be regretted, and as appears from the admission made to you by Mr. von Bülow, the Germans whose interests led them to resist the taking of the testimony, and who invoked the interposition of their government to prevent it, are now known to have been in the wrong. It would have been quite as satisfactory to this Government had the reply of the German government on a subject presented to their consideration, through the representative of this Government at Berlin, been communicated also through him, and, as is shown, some delay which has occurred might have been avoided.
As Mr. von Schlözer has not communicated the answer of his government, it will not be amiss that you inform Mr. von Bülow that we are still without any reply. You will call his attention to the fact that the suit in which the testimony is sought is one in which the Government of the United States is itself a party.
I inclose herewith copies of existing statutes (which are embodied in sections 4071, 4072, 4073, and 4074 of the Revised Statutes of the United States) enacted by this Government to insure to other powers the opportunity of obtaining testimony in this country in any suit for the recovery of money or property depending in any court in any foreign [Page 462] country with which the United States are at peace, and in which the government of such foreign country shall be a party or shall have an interest.
In these enactments, which have long been in force in this country, this Government has manifested its friendship to other powers, as well as its desire to aid in the administration of justice in all foreign countries with which it may be at peace.
It is hoped that the answer of the German government may soon be communicated, and that it will be such as shall evince a willingness to reciprocate the very liberal and efficient provisions made in this country to enable Germany, in case of need, to obtain the evidence of witnesses in this country in any suit in which that government may be interested and that the facilities which Mr. von Bülow says that Germany will afford in this direction may prove ample and efficacious.
I am, &c.,