No. 697.
Mr. Fish
to Mr. Blaine.
Legation of
the United States,
Berne, May 13, 1881.
(Received June 2.)
No. 409.]
Sir: I have the honor to inclose herewith copies of
a correspondence respecting the proposed shipment of an inmate of the
penitentiary of the canton of Argovie to America by his commune of nativity,
Schwaderloch.
It appears that the individual in question is now serving a term of three
years in that establishment, and that the commune council deascribes him as
a man born in 1844 and given to a life of vagrancy, and that they have
applied to an emigration agent at Basle to know whether he would forward
him, and to ascertain to what place “they could send him without anxiety.”
As their letter states that the individual in question is reported by
the-director of the penitentiary as having “from his own means sufficient to
establish himself in America,” I have no doubt that the intention of the
commune council is to send him to the United States, where more than
six-sevenths of the Argovian emigrants go. I have therefore addressed this
government on the subject, and requested the President of the confederation
to take immediate measures to prevent the commune council from furnishing
the man any pecuniary assistance whereby he could reach the United States. I
have also requested that “the authorities of the Swiss communes may be
informed that the United States is not to be made the receptacle for the
inmates of the penal establishments or reformatories in which the
delinquents belonging to those communes are confined.”
As the sentence of the individual in question will expire on the 23d instant,
and it is quite possible that the commune council will seek to forward the
emigrant in spite of the protest of the legation, and notwithstanding
[Page 1158]
any endeavors the Federal
Council may make to prevent their so doing, I took my note this afternoon to
President Droz, and explained to him the circumstances under which it was
written, and told him that I hoped they would by a publication in the
Feuille Fédérale, or in some other manner, draw the attention of the
communal authorities to the impropriety of such procedures. He asked me if
the laws of all the States excluded the immigrants of this class. I said
that the United States statute of 1875, a copy of which had been
communicated to the Federal Council by Mr. Rublee, and which had been
published in the Feuille Fédérale, excluded this category of immigrants from
all the United States. I also mentioned to him
the case of Camestral (reported in my No. 398). He said that he would attend
to the matter, and that he was glad to learn that our statute was a Federal
one; that he had erroneously supposed that it only related to some of the
States. I reassured him on this point, and I hope that the result of my
interview may be a notice from the Federal Council to the communal
authorities that such procedures as that contemplated by the commune of
Schwaderloch cannot be permitted, so far as the United States is
concerned.
It is due to Mr. Mason that the present case was brought to the notice of the
legation, and I have instructed him to remonstrate, to the cantonal as well
as the communal authorities, against the man being sent, or assisted to
reach the United States. I have also instructed him to ascertain the name
and description of the man, and to report the same to you and to the
collector of the port at New York.
I respectfully submit my action in the premises for your approval, and, as in
the Böttstein case, request that the legation may be supported in its
action, or, if the latter does not meet with your approval, that it may be
instructed for its guidance in future cases of a similar nature.
I have, &c.,
[Inclosure 1 in No.
409.—Translation]
The Commune Council of
Schwaderloch, canton Argovie, to Mr. Störr, emigration agent in Basle.
Schwaderloch, May 8,
1881.
The Commune Council of Schwaderloch to Mr. Otto Störr,
emigrant agent at Basle:
Sir: On the 23d of this month a native of this
place, horn in 1844, up to the present time addicted to a life of
vagrancy, a shoemaker by trade, will be discharged, after a three years’
confinement in the compulsory labor establishment of the Canton of
Argovie.
He has expressed a wish that he may be furnished, by his native commune
of Schwaderloch, with the requisite money for traveling expenses to
enable him to emigrate, a request which we declare ourselves willing to
grant.
According to the information received from the director of the compulsory
labor establishment, the man [desiring to emigrate (sic)] in question
has, from his own earnings, sufficient means for establishing himself in
America on his arrival.
In order to better inform ourselves concerning his emigration, we ask you
if you will forward this man? In case of a favorable answer, we request
you to inform us to what place we can send him without anxiety, and how
much the cost of the journey will amount to, and upon what date he must
be in Basle to start on his journey.
Awaiting your answer in this matter, we are,
Yours, respectfully,
In the name of the Commune Council.
The president of the Commune:
J. HUG.
The
town clerk:
S. KNECHT.
[Inclosure 2 in No. 409.]
Mr. Fish to Mr.
Droz.
Legation of the United States,
Berne, May 13,
1881.
The undersigned, chargé d’affaires of the United States of America, has
the honor to invite the attention of the High Federal Council to the
action of the commune council of Schwaderloch, in the canton of Argovie,
who contemplate assisting to emigrate to America a native of that
commune, now in his 38th year, who has hitherto led the life of a
vagrant, and is actually at the present time undergoing a three years’
sentence in the compulsory labor establishment of the canton of
Argovie.
The commune council has expressed its willingness to assist this criminal
to emigrate, and has applied to our emigration agent at Basle to know to
what place they can send him (“nach welcher Gegend wir denselben ohne
Sorgen befördern sollen”) without fear of the consequences, and have
inquired whether the agent will ship him.
The sentence which the man is now undergoing will expire on the 23d of
this month.
The undersigned, in view of the fact that a very large majority of the
Swiss emigrants go to the United States, has the honor to request his
excellency, President of the Swiss Confederation, to take immediate
measures to prevent the commune council from furnishing the man in
question any pecuniary assistance whereby he could reach the United
States, and he requests that the authorities of the Swiss communes may
be informed that the United States is not to be made the receptacle for
the inmates of the penal establishments or reformatories in which the
delinquents belonging to those communes are confined.
In view of the short period before the expiration of the term of service
to which the man is sentenced, the undersigned respectfully requests
that the name of the man may be furnished him in order that he may
communicate it to his government and to the immigration officials in the
United States in the event of the man being forwarded there
notwithstanding this protest, which the undersigned makes on behalf of
the Government of the United States.
The undersigned avails himself of this occasion to renew to his
excellency and to the High Federal Council the assurances of his most
distinguished consideration.
[Inclosure 3 in No. 409.]
Mr. Fish to Mr.
Mason.
Legation of the United States,
Berne, May 13,
1881.
Sir: Your letter of the 12th instant respecting
the proposed emigration of a vagabond belonging to Schwaderloch, canton
Argovie, at present serving a three years’ sentence in the compulsory
labor establishment of the canton Argovie, is received. I have brought
the matter to the notice of the Federal Council and requested that the
emigration, so far as the United States is concerned, may not be carried
out.
It is desirable that you should ascertain the name of the party in
question, and as far as possible his description, and report the same to
the collector of the port of New York and to the Department of State.
You should also protest against the shipment both to the communal and
cantonal authorities, and inform them that the immigration authorities
of the United States have been notified of the case.
You will please to thank Mr. Störr for his co-operation in hindering this
violation of the hospitality of the United States.
I am, sir, your obedient servant,
