No. 610.
Mr. Cramer to Mr.
Frelinghuysen.
Legation of
the United States,
Berne, December 18, 1884.
(Received December 31.)
No. 188.]Sir: In my dispatch No. 183, of the 26th ultimo, I
had the honor to inform you that in a note to the Swiss Federal Council of
the same date (a copy of which was inclosed in said dispatch), I protested
against the
[Page 794]
discharge from prison
ordered by the grand council of the canton of Zug of one Joseph Binzegger,
who had been sentenced to imprisonment for life on account of incendiarism,
upon the condition of his emigrating to the United States.
On the 16th instant a note was received from the Federal Council, dated the
15th instant, in which it is stated that, in general, the federal
authorities had done all in their power to prevent the emigration of
improper persons; that in the particular case of Joseph Binzegger he had
been pardoned without any restrictive condition, and that instead of his
going to the United States he intends to emigrate to Buenos Ayres.
A copy of this note, with a translation thereof, is herewith inclosed.
I am, &c.,
[Inclosure in No.
188.—Translation.]
The Swiss Confederation
to Mr. Cramer.
Berne, December 15,
1884.
Sir: By the note of the 26th of last November
you have sent us a copy of the Neue Zuger Zeitung of the 22d of
November, in which it was said that the grand council of the canton of
Zug had pardoned one named Joseph Binzegger, who had been sentenced to
imprisonment for life, upon the condition that he emigrate to America,
and you have protested against the condition attached to that
pardon.
We have first of all to call your attention to the fact that the federal
authorities have done all in their power to prevent the emigration of
persons who by the laws of the countries (beyond the seas) are not
permitted to land, by introducing article 10, line 4, of the law of
December 24, 1880, concerning the operations of the agents of
emigration, a law which prohibits these agents of emigration to expedite
such persons as the laws of the country of their prospective destination
decline to receive as emigrants. The confederation could go no further
without going beyond its own authority; it is therefore the duty of the
countries beyond the seas to reject those emigrants who intend to enter
therein in spite of existing laws. On the other side, we do all that is
possible, so that the communes and cantons shall not rid themselves, by
the means of emigration, of their criminal inhabitants or those who are
unable to earn their own subsistence.
We have therefore informed the government of the canton of Zug of your
complaint and requested it to inform us of this matter. By a dispatch of
the 6th instant we are informed that Binzegger has been pardoned without
any restrictive condition, and that the police director had purely and
simply set him at liberty. He adds that it is like every young man,
namely, that Binzegger has been sentenced as an incendiary, and that
after 18 years of imprisonment he has been earnestly recommended by the
prison director to be pardoned by the grand council, after which said
director, having praised Binzegger for his good conduct, affirmed that
far from constituting a dangerous element to society, he might yet
honorably make his way in the world. The latter, however, manifested no
intention of emigrating to the United States, but intended to go to
Buenos Ayres.
Accept, &c.,
In the name of the Swiss Federal Council,
- WELTI,
President of the
Confederation. - RINGIER,
Chancellor of the
Confederation.
