Mr. Gresham to Mr. Broadhead.

No. 43.]

Sir: I have received your No. 32, of the 12th instant, in which you request permission to negotiate with the Swiss Government with a view of amending the provision of the treaty of 1850 making “citizens of one of the two countries, residing or established in the other, free from personal military service, but liable to the pecuniary or material contributions which may be required by way of compensation from citizens of the country where they reside, who are exempted from the said service.” You mention that several complaints have been made to you by persons formerly citizens of the Swiss Federation, but now naturalized citizens of the United States, who, having gone to Switzerland for business or pleasure, have been subjected to the contributions provided for in the treaty. These contributions are exacted though the party, at the time of leaving Switzerland, was not in arrears for any military tax or duty. You call attention to the fact that, under the language of the treaty above quoted, even native citizens of the United States might be subjected to the payment of the military tax but for the fact that the Swiss law exempts from that tax foreigners whose countries do not impose a similar tax upon Swiss citizens there resident.

The Swiss Government, as you observe, does not recognize the right of a Swiss subject to absolve himself by naturalization from any of the obligations due by him under Swiss law. While I am of opinion that the article of the treaty above referred to should undoubtedly be amended, yet it occurs to me that, in view of the fact that Switzerland does not recognize the foreign naturalization of her citizens, it may be necessary to have (if it can be secured) a specific agreement on the subject of naturalization. You mention that since the treaty of 1850 treaties have been concluded between Switzerland and a number of other countries expressly exempting the citizens of those countries from personal military service, or from any tax in lieu thereof, and this you say is doubtless the reason why the order of the Swiss military department requiring the imposition of the tax above referred to was confined to citizens of the United States. If you can conveniently do so, I should be glad if you would send to the Department a copy of one or more of such treaties concluded by Switzerland with other countries upon this subject as you think would furnish the best guide or basis for the negotiation of such an amendment to our treaty as you propose.

I am, etc.,

W. Q. Gresham.