No. 699.
Mr. Fish
to Mr. Blaine.
Legation of
the United States,
Berne, July 14, 1881.
(Received July 30.)
No. 418.]
Sir: Referring to my No. 409, respecting the
proposed shipment to the United States of an inmate of the penitentiary of
the canton of Argovie by the commune of Schwaderloch, I have now the honor
to inclose herewith copies of correspondence between the legation and the
Federal Council respecting the case in question, and also as to the right of
the Swiss communes to send the inmates of their prisons or penitentiaries,
at the expiration of their term of sentence, to the United States.
In their note of June 25 the Federal Council says:
The citizen in question, Jacob Beda Thoma, is not, however, a
criminal. The condemnation to compulsory labor is not an infamous
punishment in the canton of Argovie; it has only a reformatory
significance. In the present case it was not imposed for crime, but
merely for dissoluteness and vagabondage. Moreover it is clearly
shown by the documents which have been submitted to us that Jacob
Beda Thoma is a strong man and able to work, and that the commune of
Schwaderloch had much less the intention of getting rid of him, than
to cure him of the horror of work. We ask ourselves whether the
emigration to the United States can be forbidden to a man under such
circumstances, and to whom moreover the means of existence are
assured for a certain time.
This claim of the Federal Council of a right on behalf of the Swiss communes
to use the United States as a reformatory for their dissolute vagabonds,
renders it difficult if not impossible for the consular officers of the
United States in Switzerland to effectually carry out §§ 241 and 286 of the
consular regulations, and it appears from the records of this legation that
attempts on their part to carry out such instructions generally evoke
useless and irritating discussions.
In the present case the intervention of the legation has met with a
successful result, and in view of the frequency of such cases, I have, in
thanking the Federal Council for their action in the premises, brought to
their notice the approval you have accorded to my remonstrance against the
commune assisting the man to emigrate to the United States. I have not
thought it expedient to inform them that “there appears to exist no legal
obstacle to the immigration,” and I earnestly recommend that such
legislation may be recommended to Congress at its next session as will
create an effective obstacle to this numerous category of obnoxious
immigrants.
I have, &c.,
[Page 1161]
[Inclosure 1 in No.
418.—Translation.]
Mr. Droz to Mr.
Mason.
Sir: We are informed by a note of the 13th
instant, from Mr. Nicholas Fish, that he is informed that the commune of
Schwaderloch, canton Argovie, intends to send to a foreign country one
of its prisoners, who is about to be released after serving out a
sentence of three years at enforced labor. Further, that as the United
States may probably be the country to which this ex-convict is destined,
the United States legation feels constrained to protest against the
intended action of the commune of Schwaderloch, and requests us to take
the necessary steps to prevent the appropriation of money for the
purpose of sending the person in question to the United States.
In response to this note we wish in the first place to call your
attention to the fact that in this whole communication we find nothing
to show that the commune of Schwaderloch desires to send this person to
the United States. Even the legation admits that its protest is based
upon a mere supposition. But in our judgment a supposition does not
justify the complaint and demand which are contained in the note of the
13th instant; moreover we cannot see wherein the commune authorities of
Schwaderloch have merited reproach. In making inquiry as to where one of
its released prisoners can be sent, it has shown rather a disposition to
respect the laws of those countries which prohibit the immigration of
certain classes of men. We would moreover thank you to notify us whether
American laws prohibit the immigration to that country of a person no
longer a prisoner, and who has expiated his crime and is able to support
himself by honorable means.
Awaiting our opportunity to acquaint you with the result of the inquiry
which we have invited the government of canton of Argovie to make, we
take this occasion, &c.
The President of the
confederation:
DROZ.
The chancellor of the
confederation:
SCHIESS.
[Inclosure 2 in No. 418.]
Mr. Mason to Mr.
Droz.
Legation of the United States,
Berne, May 24,
1881.
Sir: I have the honor to acknowledge the
receipt of your note of May 17th, in which it is stated the Mr. Nicholas
Fish, United States chargé d’affaires at Berne, has notified the federal
government that the commune of Schwaderloch, canton Argovie,
contemplates sending to the United States a convict recently imprisoned
for a term of three years, and asks that the federal government
interfere to prevent that action. Your note states further (1) that Mr.
Fish has furnished no evidence that the commune of Schwaderloch
contemplates sending such an emigrant to the United
States, and (2) asks whether the laws of the United States
forbid the immigration of that class of persons.
In reference to the first of these points, I have the honor to inclose
herewith a copy of a letter now on file in the United States consulate
at Basle. It bears date of May 8, 1881, and is an inquiry by the
president and secretary of the commune of Schwaderloch to an emigration
agent in Basle as to the best means of sending to the United States a
vagabond convict, who was to be released from an imprisonment of three
years on the 23d of this month. No mention is made in the letter of
sending this man to any other country than America, the only question
asked by the commune officers being to what part of the United States it
would be best to send him. It is also shown by the letter that the
commune of Schwaderloch is willing to pay the expense of a passage to
America in order to rid itself of this “Vaganten
Lebenergebenen Mann.”
In reply to your second inquiry, I have the honor to state that the laws
of the United States do forbid the immigration of criminals, released
convicts, paupers, imbeciles, and cripples from other countries.
Paragraph 241 of the United States Consular Regulations says:
“It has been seen with regret that in foreign countries municipal
corporations, private societies for reforming offenders, directors of
almshouses, and even private individuals, have not been restrained by
their governments from sending to the United States convicts, or discharged convicts, or lunatics, or idiots, or
imbecile paupers, unable to maintain themselves. Consuls are enjoined to
exert an active vigilance to prevent such acts.” * * *
Paragraph 286 of the Consular Regulations directs that: “If the consul
has reason to think that any person, society, or corporation, municipal
or otherwise, in the
[Page 1162]
country
in which he resides, contemplates shipping paupers or criminals as
emigrant to the United States, he will at once forcibly protest to the
local authorities, and wil also immediately notify the diplomatic
representative of the United States and the Department of State. Such an
act is regarded by the United States as a violation of the comity which
ought to characterize the intercourse of nations.”
To make this point more clear it may be stated in general terms, that the
United States Government, while offering a welcome and home to honest,
well-meaning, and capable persons from all other countries, does object
very positively to receiving criminals, discharged convicts, paupers,
imbeciles, or any persons who by reason of their crimes or misfortunes
have become a burden or disgrace to their native communities. In
general, it may be fairly assumed that when a commune is willing to
expend 175 francs to land a destitute emigrant at New York, that
emigrant is not a desirable addition to the population of the United
States.
From the foregoing it will be apparent:
- 1.
- That the commune officers of Schwaderloch were seeking means
to send to the United States a vagabond criminal who was about
to be discharged after a long term of imprisonment.
- 2.
- That the protest of Mr. Fish, United States chargé d’affaires
at Berne, to the Federal Government of Switzerland, against the
transportation of that released convict, was in strict
accordance with his prescribed duty as the representative of the
United States.
Receive, &c.,
FRANK H. MASON,
United States Consul
and Acting Chargé d’Affaires
[Inclosure 3 in No.
418.—Translation.]
Mr. Droz to Mr.
Mason.
Mr. Chargé d’Affaires: By a note of May 24 last
you transmitted to us the copy of a letter which the communal authority
of Schwaderloch (Argovie) had addressed to the emigration agency of Otto
Stoerr at Basle to ask to what country it could, without difficulty,
send one of its citizens who had suffered a sentence of three years in a
house of correction.
Upon this information you considered it proper by your note of 13th of
same month to protest against the action of the communal authority of
Schwaderloch, and to request our intervention in this matter.
After having taken cognizance of the letter of the Argovian communal
council above-mentioned, we deem that we should confine ourselves purely
and simply to the reply which we have made to you by our note of the
17th ultimo. Moreover, it does not appear in any manner from the letter
above mentioned that the communal authority of Schwaderloch had the
intention of sending the person in question to North America. In the
question presented to Mr. Otto Stoerr we have found nothing, as we have
already observed, that could give rise in any manner to an intervention
on the part of the legation.
It appears from the report that the government of the canton of Argovie
has made on this subject that the communal authority of Schwaderloch has
altered its first intentions as a result of the information it has
received from the aforesaid emigration agent. The citizen in question,
and who is named Jacques Beda Thoma, is not, however, a criminal.
The condemnation to compulsory labor is not an infamous punishment in the
canton of Argovie; it has merely a reformatory significance. In the
present case it was not imposed for crime, but merely for dissoluteness
and vagabondage. Moreover, it is clearly shown by the documents which
have been submitted to us that Jacques Beda Thoma is a strong man, and
able to work, and that the commune of Schwaderloch had much less the
intention of getting rid of him than to cure him of the horror of work.
We ask ourselves whether the emigration to the United States can be
forbidden to a man under such circumstances, and to whom, moreover, the
means of existence ence are assured for a certain time.
Moreover, as the authority of the commune has changed its first
intention, it appears to us that this matter may be considered as
terminated.
Accept, &c.,
The President of the confederation:
DROZ.
The
chancellor of the confederation:
SCHIESS.
[Inclosure 4 in No. 418.]
Mr. Fish to Mr.
Droz.
Legation of the United States,
Berne, July 14,
1881.
The undersigned, chargé d’affaires of the United States of America, has
the honor to acknowledge the reception of the highly-esteemed note of
his excellency Mr. Droz, President of the Swiss Confederation, of the
25th ultimo, addressed to Mr. Frank H. Mason, in charge of this legation
during the undersigned’s absence, in reference to the contemplated
furnishing of assistance, to emigrate to America, to an inmate of the
penitentiary of Argovie, by the commune of Schwaderloch.
The legation, in its note of May 13 last, had the honor to request that
immediate measures might be taken “to prevent the commune council from
furnishing the man in question any pecuniary assistance whereby he could
reach the United States.”
The undersigned did not interpose any objection to his being transported
or assisted to other countries, but under the instructions of his
government he felt it incumbent on him to ask that the commune should
not be permitted to assist him to reach the United States. The
undersigned did not fail to report his action to the Government of the
United States. In reply to this report the Secretary of State has
answered: “Your remonstrance against his being assisted by the commune
to which he belongs to emigrate to America meets approval.”
The undersigned, in communicating these views of his government
respecting this category of emigrants, begs to express to his excellency
Mr. Droz the appreciation which he entertains for the successful result
of preventing the commune from assisting the man in question to
emigrate, and also his thanks to the High Federal Council for
communicating, as requested, the name of Jacques Beda Thoma to the
legation. The undersigned will not fail to report this friendly action
of the High Federal Council to his government, by whom he is sure that
it will be duly appreciated.
The undersigned avails himself, &c.,
