Mr. Dayton to Mr.
Seward
No. 322.]
Paris,
June 29, 1863.
Sir: The proclamation of the President
subjecting to conscription foreigners who have not yet been fully
naturalized, has seriously attracted the attention of foreign
governments. The minister from Switzerland at this court, (supposing
doubtless that the French government had already complained,) sought
explanation of me about this matter, and I believe he said at the
instance of his government. He did not seem to feel that the option
given by the President to foreigners to leave the country within the
time specified was any just answer to their complaint, more especially
to a complaint from Switzerland. The case of this country, he says, is
exceptional. He suggests that the treaty
stipulations between the United States and Switzerland
expressly protect the citizens of the latter country from military
conscription, and to compel them either to military service or to break
up their business and leave the country at a heavy sacrifice, is,
therefore, a violation, as is contended, of their treaty rights. Permit
me to ask what view of this question has been taken by the
President?
I am, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, &c.,
&c., &c.
P. S.—Since writing the above I have received a formal communication
on the subject from Mr. Kern, the Swiss minister here, a translation
of which I herewith enclose.
There has been such an upturning of the ministry in France that I
herewith enclose you a slip, stating who and what they now are.
D.
Minister of State, M. Billault; Minister and President of Council of
State, M. Rouher; Minister of the Household of the Emperor and of
the Beaux-Arts, Marshal Vaillant; Justice and Public Worship, M.
Baroche; Foreign Affairs, M. Drouyn de l’Huys; Interior, M. Bondet;
Finance, M. Fould; War, Marshal Randon; Marine and Colonies, Count
de Chasseloup Laubat; Public Instruction, M. Duruy; Agriculture,
Commerce and Public Works, M. Béhic.
Mr. Kern to Mr. Dayton
Sir and Dear Colleague: Referring to our
conversation upon the claims of Swiss established in the United
States, against the declarations contained in the proclamation of M.
President Lincoln, concerning the military service of foreigners who
have declared their intention to become citizens after five years of
residence, I hasten to communicate to you herewith Art. II of the
treaty between the United States of North America and Switzerland of
1855.
“Art. II. The citizens of one of the two
countries residing or established in the other shall be free from
personal military service; but they shall be liable to the pecuniary
or material contributions which may be required, by way of
compensation, from citizens of the country where they reside exempt
from the said service.”
You will not fail to remark that the citizens of the two states can
be held liable to personal military service in the country where
they are established only from the day when they have ceased to be
citizens of their native
[Page 749]
country, which only takes place in your States after five years
completed, dating from the day when they declared their intention of
becoming citizens of the United States.
Your government seems itself to recognize this principle, for
otherwise it could not leave to them the option of quitting the
country in sixty-five days after the date of the above-mentioned
proclamation, but it would constrain them immediately into the
military service like all the other citizens of the United
States.
The Swiss, who find themselves placed in this category, if they are
forced to quit the States of the Union, would be placed in a
position by no means conformable to the rights which are assured to
them by the stipulations of the treaty.
There exist, also, in the Swiss cantons provisions relative to the
naturalization of foreigners; but an American citizen there will
never have, as far as military service is concerned, any obligations
to fulfil so long as the formalities, and, above all, the
preliminary conditions of continued residence shall not be complied
with.
I hope, with a full confidence in the justice of the government of
the United States, that it will not carry into effect against the
Swiss the injunctions contained in the above-mentioned
proclamation.
I learned yesterday that Italy, also, will take some steps with a
similar object in view.
The relations of friendship happily existing between the two
republics cause me to hope that a word which you might be pleased to
interpose semi-officially to your government would surely exercise a
useful influence in favor of my compatriots, seriously interested in
this question.
If I am not mistaken, the time fixed for foreigners expires on the
12th of July; if then you would have the kindness to write a word in
favor of my countrymen, I would beg you to be pleased to do so
without delay.
It would seem to me very desirable that this affair might be arranged
by a semi-official and friendly proceeding on your part before an
official intervention should take place on the part of the federal
council at Berne.
Be pleased to accept, sir, and dear colleague, the assurances of my
high consideration.
The minister of the Swiss Confederation,
Mr. William L. Dayton, Envoy Extraordinary and
Minister Plenipotentiary of the United States,
Paris.
