No. 599.
Mr. Evarts
to Mr. Fish.
Washington, November 12, 1879.
Sir: Your dispatch No. 218, of the 18th ultimo, has been received.* It relates to the detention by the Swiss local authorities of property in Switzerland claimed by natives of that country naturalized in the United States. The reasons assigned for that detention are believed to be so insufficient practically, morally, and legally that it is hoped the Federal Government of that country will lose no time in applying its authority or influence towards redressing the grievance.
It is noticed with regret that the Swiss local authorities, at least, are disposed to maintain the doctrine of perpetual allegiance by denying the right of a native of that country to become naturalized elsewhere without their consent.
This pretension has always been regarded here as extravagant, and as such has been resisted, so that several of the most important European countries with monarchical governments, which were most strenous in supporting it, have receded from their claims, and have concluded naturalization treaties with the United States. Switzerland as yet has no such treaty, but the convention of 1850 between the United States and that country contains stipulations which seem applicable to the present case and adequate for disposing of it contrary to the views held in that quarter.
It appears from your dispatch that one of the claims of the communal authorities is that they can recognize no native of Switzerland as a citizen of the United States who shall not have obtained their consent to his naturalization. This pretension is in direct conflict with the fourth article of the treaty, which says that in order to establish their character as citizens of the United States of America, persons belonging to that country shall be bearer of passports certifying their nationality. If, therefore, the nationality of any Swiss naturalized here, who may visit his native country with such passport, shall there be questioned, [Page 953] that act must be looked upon as a flagrant violation of the treaty, which could not be acquiesced in.
Again, the fifth article stipulates in substance that the heirs of a. Swiss decedent, being citizens of the United States, whether native or naturalized, shall inherit and dispose of the property of such decedent at their pleasure.
An authenticated copy of the judgment of the court which may have naturalized a Swiss citizen must be regarded as conclusive proof of that act in regard to all such naturalized Swiss who may not visit their native country.
As explicit abjuration of allegiance to his native country is by law required of every foreigner naturalized here, the fact of such abjuration is mentioned in the record. It is presumed, therefore, that when a duly attested copy of such record is presented to the authorities in Switzerland, the sufficiency of the proof which it contains will be acknowledged without hesitation.
You intimate that the supreme court of the Confederation might decide the question conformably to the views entertained here, and suggest that a test case be prosecuted for the purpose of obtaining their opinion. This course it would be difficult and inconvenient for this government to adopt, but it might be the most eligible for a claimant to sufficient property in that country to incur the hazard and expense which would attend it.
I am, &c.,
- For above-mentioned dispatch vide volume Foreign Relations for 1879, page 973.↩