of New York, the federal council has the honor to present to Mr. Fogg as

follows:

Jean Zweifel, antecedently citizen of the commune of St. Gall, at Kallbrunn, emigrated in 1851 to North America, and acquired the right of citizen at Brooklyn, by certificate of 28th July, 1859.

In consequence of this acquisition, Zweifel renounced by act 16th August of the same year the rights of citizen communal and cantonal of St. Gall, and was, in consequence, released by resolution of 7th December, 1859, from the ties which connected him with his original country.

Zweifel returned about 18 months afterwards from America to the canton of St. Gall, married in the canton of Glavis a girl coming from the commune of Rieden, in St. Gall, had by her one child, and settled in the last commune, where he still sojourns with his wife and child.

By the tenor of a report of the communal council of Rieden, of the 5th current, Jean Zweifel lives with his family in the greatest indigence, and being affected, as appears by a physician's certificate, with a chronic pulmonary complaint of grave character, it is not possible for him to maintain himself and provide food for himself and family. At the request of the government of St. Gall, the federal council begs the minister resident of the United States of America to be so good as to procure, in the mode it shall judge proper, contributions in favor of Jean Zweifel and his family, citizens of the American Union.

If the condition in which Jean Zweifel is found should not improve, the government of St. Gall would find itself obliged to insist on his being sent back to America,in conformity with article 3 of the treaty concluded between the Swiss confederation and the United States of America of the North, of 25th November, 1850.

In expectation of overtures which the minister resident of the United States of America may be in position to make in consequence of this communication, the federal council has the honor to renew to him the assurances of its high consideration.

In the name of the Federal Council, the President of the Confederation,
C. FORNEROD.

The Chancellor of the Confederation,

M. Fogg to the Federal Council.

SCHIESS.

UNITED STATES LEGATION,

Berne, May 30, 1863.

The undersigned, minister resident, &c., &c., has the honor to acknowledge the note of the high federal council concerning the case of a certain named John Zweifel, alleged to have been in the canton of St. Gall, from whence he emigrated to the United States, and was naturalized in Brooklyn, State of New York, and shortly after returned to St. Gall, married a woman of the commune of Rieden, in said canton, where he is now living with his family in great poverty, the result of pulmonary disease.

In response to the demand of the government of St. Gall forwarded by the federal council, that aid be furnished to the said John Zweifel and his family, the undersigned would say that, while he profoundly sympathises with the unfortunate condition of Mr. Zweifel, he has no authority to furnish or procure the aid asked for. The government of the United States takes no cognizance of erty or mendicity. It is a question exclusively for the several states, countries, and communes. By the laws of the several states, provision is made for the aid and maintenance of all poor persons without distinction of origin or nationality,

pov

who may find themselves within the limits of those States; but there is no law requiring the authorities of those States to follow and relieve the necessities of persons, whether native or naturalized citizens, who choose to emigrate and become residents of a foreign country.

To return to Mr. Zweifel, the undersigned, without wishing to discuss the question, would respectfully suggest a doubt whether the case comes fairly within the provision of "article 3 of the treaty concluded between Switzerland and the United States, the 25th Nov. 1850." The question may be raised, is not Switzerland "le pays dont il (Mr. Zweifel) est originaire?” The undersigned avails himself of the occasion to renew, &c., &c., &c. GEORGE G. FOGG.

The federal council has given information to the government of the canton of St. Gall of the declaration contained in the note of 30th May last from the minister resident of the United States of America, importing that he is not in position to be enabled to supply or procure for the family of Jean Zweifel, of Brooklyn, State of New York, fallen sick and destitute of means of living, the contributions solicited in his behalf.

This declaration has appeared extraordinary to the government of St. Gall, which declares that it cannot admit the construction given by Mr. Fogg to article 3 of the treaty concluded between the Swiss Confederation and the United States of North America, the 25th February, 1850. It appears to that government that the minister resident has not noticed the last paragraph of article 3 of said treaty, which takes away every sort of doubt upon the meaning of this article.

Article 3 of the treaty says very clearly, that, ex gr., a citizen of the American Union who shall be sent away under the laws about mendicity, as is the case of J. Zweifel, of Brooklyn, shall be received with his wife and children in the country where he shall have preserved his rights in conformity to the laws. But J. Zweifel has not preserved his primitive rights of citizenship in the canton of St. Gall; after having formally renounced that right, and having acquired the right of citizen of Brooklyn, he not only has been, with the consent of the competent authority of the commune of Kaltbrun, released in all the forms of law by the government of St. Gall, the 7th December, 1859, from the ties which united him to that state, but, moreover, the fortune which he owned in the canton of St. Gall, and which was under pupillary administration, was returned to him. Per contra, Jean Zweifel has preserved the right of citizen of Brooklyn, and it is thence, according to article 3, several times mentioned, very clear, that he should be sent back, he, his wife and his children, because of his indigence, and should be received at all times and under all circumstances at Brooklyn.

The government of St. Gall must, in consequence, solemnly reserve to itself the evident right which it has to send back J. Zweifel and his family to Brooklyn, and it expresses the expectation that the minister resident of the United States of America would please to take the steps necessary, with the competent authority of the State of New York or the authority of the city of Brooklyn, to obtain from it the expense of the subsisting and transportation needful in favor of J. Zweifel and his family.

The sustaining this demand of the government of St. Gall, the federal council hopes that it will be favorably received by Mr. George G. Fogg.

Not having yet up to this time received answer to the note which it had the honor to address the 3d July, 1863, to the minister resident of the United States of America, concerning contributions in favor of the family of Jean Zweifel, the federal council thinks it ought to remind Mr. George G. Fogg of this affair, and seizes this occasion to renew to him the assurances, &c., &c. DR. J. DUBS.

Mr. Fogg to the Federal Council.

UNITED STATES LEGATION,
Berne, July 7, 1864.

The undersigned, minister resident, &c., has the honor to acknowledge the receipt of the note of the high federal council calling his attention to the demand made upon him by the authorities of the canton of St. Gall, in relation to one Jean Zweifel, alleged to be a naturalized citizen of the United States.

By reference to a former communication of the high federal council, it appears that the said Jean Zweifel is a native of the canton of St. Gall, from whence he emigrated to the United States in the year 1851, and acquired the rights of citizenship in Brooklyn, State of New York, in 1859, and that, subsequently, he returned to his native canton of St. Gall, where he remained a citizen and inhabitant of said canton and there became the father of a child, and has resided there with his family ever since. It further appears that he, Zweifel, is affected with a serious pulmonary malady, in consequence of which he is in extreme indigence, and is unable to maintain himself and his said family.

Upon this state of facts, the authorities of St. Gall, through the high federal council, ask of the undersigned that he take the necessary steps to obtain from the authorities of the State of New York, or of the city of Brooklyn, the means of maintaining the said Zweifel and his family in their present place of abode, or of transporting them to America.

To this demand, the undersigned can do little more than repeat what he had the honor to communicate to the high federal council in his note of May 30, 1863.

Article 3 of the treaty concluded between the Swiss Confederation and the United States provides that:

"The citizens of one of the two republics residing or established in the other who shall desire to return to their country, or who shall be sent thither by a judicial decision, by an act of police, or in conformity with the laws and regulations on morals and mendicity, shall be received at all times and under all cir

cumstances, they, their wives, and their legitimate issue in the country to which they belong, and in which they shall have preserved their rights, in conformity with the laws thereof."

66

Now, unless the undersigned entirely misapprehends the import of the above article, here is no engagement on the part either of Switzerland or of the United States to follow and bring back their emigrant citizens residing or established in the territories of the other-be those citizens sick or well, rich or poor. There is only, as it appears to the undersigned, the engagement that if the authorities of one of the two republics shall, "by a judical decision, by an act of police, or in conformity with the laws and regulations on morals and mendicity," send back the citizens of the other residing within its territory, such citizens thus sent back shall be received with their wives and children, in the country to which they belong, and in which they shall have preserved their rights." Without at this time raising the question whether, according to the terms of the treaty, the wife and child of Jean Zweifel may rightfully be sent back to the United States-they having been born and always resided in Switzerlandthe undersigned would respectfully suggest that the only mode of proceeding under the treaty is for the authorities of St. Gall to send, at their own expense, the said Jean Zweifel, with or without his family, back to New York, or rather to Brooklyn, of which last city he is alleged to be a citizen. If he shall be " received" as is provided for in the treaty, there will be no necessity for any diplomatic interference whatever, or for any appeal to the federal government of the United States.

And, in any case, the undersigned has the honor to inform the high federal council that inasmuch as he sustains no official relations with the State of New York, nor with the city of Brooklyn, he can only communicate to his government copies of this correspondence and await their instructions. Meanwhile he takes occasion to repeat what he said in a former note, that the government of the United States takes no cognizance of pauperism, or mendicity, which pertain exclusively to the local authorities, State, couuty, or communal.

Trusting that the general views and suggestions herewith submitted may be found correct, and commend themselves to the judgment of the high federal council, the undersigned takes this occasion to renew to their excellencies the assurance of his high respect and consideration.

GEORGE G. FOGG.

No. 66.]

Mr. Fogg to Mr. Seward,

UNITED STATES LEGATION,

Berne, August 6, 1864.

SIR: Your despatch, dated July 23, No. 53, advising my attendance, “in an unofficial manner," upon the sessions of the International Sanitary Congress, to be held the ensuing week at Geneva, is received. I shall do so with pleasure, subject to the contingency you suggest.

The object of the originators of this congress is undoubtedly good and worthy of encouragement; whether, however, the object is likely to be attained in the way proposed is at least problematical. I confess to great doubts on the subject, doubts which the result will confirm or dissipate.

I could have wished, however, in view of the great practical solving by our countrymen and country women of nearly all the problems likely to be considered by this congress, that some member of the United States National Sanitary Commission, familiar with the practical working of that organization, and able to speak from personal observation on the field of battle and in the hospitals, should have been commissioned, either by the government or by the Sanitary Commis

sion itself. The exhibit such a person would have been able to make would, I am sure, have told more powerfully than any theories in favor of the ends sought to be realized by the originators of the proposed congress.

In the absence of such a person, I shall cheerfully communicate such facts as I may be in possession of, and which may appear apposite to the purpose and spirit of the occasion, not of course venturing to do or say anything which can be construed into a committal of the government of the United States to any measure or course whatever.

With sincere regard and the highest respect, your obedient servant.
GEORGE G. FOGG.

SIR: Your despatch, dated July 28, No. 54, in response to mine of July 13 indorsing my correspondence with the federal council in reply to the demand of the authorities of the canton of St. Gall that one John Zweifel, alleged to be a naturalized pauper citizen of the United States, be supported in St. Gall or transported to New York, by the authorities of the United States, has been received, and I thank you for the approval you have been pleased to accord to the views contained in my share of that correspondence. Although you did not expressly authorize me to do so, I deemed the importance of the question a sufficient warrant for transmitting a copy of your despatch to the federal council. And this, indeed, courtesy seemed to require, inasmuch as in my last note, a copy of which I enclosed to you, I informed the federal council that I should send the entire correspondence to the State Department and await your instructions. The entire question is so plainly and exhaustively treated by you that I do not anticipate a response; much less a renewal of the pending or of a similar demand. Indeed, I apprehend the question was never seriously considered in connexion with the treaty by the federal council, but that they found it convenient to forward the demand of the authorities of St. Gall, without troubling themselves to consider carefully the soundness of the principle involved.

Should, however, contrary to my expectation, any response be made requireing to be noticed, I shall lose no time in forwarding the same to the department. With the highest respect, your obedient servant,

SIR: Your despatch of July 28, No. 55, approving of the tenor of my verbal explanation to the president of the confederation, of the reasons which render it impracticable, at present, for the United States government to enter into a treaty stipulation, as proposed by him, for the protection of Swiss citizens by American consuls, has been received.

As the president has not since resumed the conversation, as he proposed, I have not deemed it necessary to acquaint him with the additional suggestions