No. 1037.
Mr. Bayard to Mr. Winchester.

No. 130.]

Sir: Referring to your dispatch No. 168, of October 24,1887, in which you inclose a memorial addressed by the direction of police of Berne to the executive council of the canton, concerning the organization and operation of Mormon agents, and suggesting measures necessary to be taken for their effective suppression, I have now to request you to bring to the attention of the Federal Government of Switzerland, orally and unofficially, the views of the Government of the United States in regard to Mormon emigration.

It has come to the knowledge of this Government in various ways that Mormon agents in Switzerland have lately been increasing their activity. This Department has already had occasion to invite the attention of your predecessors to this subject, and you will find in the archives of your legation an instruction dated August 9, 1879, in which the matter was fully discussed, and our representative in Switzerland at that time was directed to urge the subject upon the attention of the Swiss Government.

It is thought that the present would be a favorable occasion for renewing the representations then made to prevent the emigration to this country of persons who intend to violate the laws of the United States by entering into polygamous relations.

In this connection, I may also call your attention to the act approved February 26, 1885 (U. S. Statutes at Large, vol. 23, p. 332), as amended by the act approved February 23, 1887 (U. S. Statutes at Large, vol. 24, p. 414), by which it is made unlawful “for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation, or in any way assist or encourage the importation or migration of any alien or aliens, any foreigner or foreigners, into the United States, its Territories, or the District of Columbia, under contract or agreement, parol or special, express or implied, made previous to the importation or migration of such alien or aliens, foreigner or foreigners, to perform [Page 1533] labor or service of any kind in the United States, its Territories, or the District of Colombia.”

It is believed that the Mormon emigrants brought over to this country come within the letter of this law, although perhaps the evidence of that fact may be difficult to secure. There can be but little doubt that they do make agreements, express or implied, to perform labor or service of some kind upon their arrival in the Territory of Utah, in consideration of the prepayment of their transportation and the assistance which is afforded them to emigrate.

Your dispatch of October 24, 1887, indicates a disposition on the part of the Swiss Government to use their influence to check this migration, and it maybe suggested to them that this influence can be perhaps profitably exerted in securing evidence under which the admission of such persons into the United States will be effectively prohibited under the provisions of the act to which I have herein called your attention.

I am, etc.,

T. F. Bayard.