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and measures of the Union, and to regulate it in a manner desirable for the international commerce. The sovereign ownership of the postal system, as an institution of the Union, renders legal/provisions regarding the post roads and postage necessary. The establishment of consulates of the Union requires a legal determination of the rights and duties connected with the functions of those ofiicers. The unity of the commercial marine will require a foundation by a law concerning the nationality of merchantmen.
I trust that these laws, which are a primary but decided step toward the accomplishment of the designs of the constitution of the Union, will meet with your concurrence, and with that of the council of the Union. ,
The conviction that the great problem of the Union can only be solved by readiness on all sides to accommodate the special with the general and national interest, actuated the deliberations which give birth to the constitution of the Union. That conviction has again found expression in the proceedings of the council of the Union, and will, I confidently expect, form the basis of your counsels.
With that predetermination, honored sirs, proceed in the accomplishment of the work begun by the constitution of the Union. It is a work of peace to which you are called, and I trust that, with the blessing of God, the fatherland may enjoy the fruits of your labor in
No. 9.] Lservrron on THE UNITED STATES, Berlin, September 19, 1867.
SIR : Yesterday I had by appointment 2. long interview at the foreign oifice with two members of the privy council, Messrs. Philipsborn and Koenig on the subject of the claim of Prussia to the military service of‘ Prussians naturalized in America. _
I produced to them the old Roman law on the subject, which coincides exactly with the principle asserted by America and gives it a sanction of more than two thousand years.
The question was thoroughly discussed in all its connections, with military service, with commerce, and with those laws of maritime neutrality which Germany, no less than America, has the greatest reason to uphold.
But that which produced the most effect on the minds of the Prussian councillors was the statement that the American view of the question had been practically conceded by England and deliberately confirmed by France.
They did not make a protocol of what passed between us, but requested me, pro memoria, to put in writing the statements which I made with regard to Great Britain, France, and the United States.
I enclose to you a copy of the letter which I have in consequence written to Mr. Philipsborn, and which I trust will meet your approval and that of the President.
I“ remain, sir, yours, sincerely,
Hon. WILLIAM H. Sswisau,
Secretary ry" State, Wasizirzgtan, D. 0'.
Mr. Bancroft to Mr. P/zilipsbarn.
SIR: In conformity to your suggestion in the interview which I had yesterday with you and the actual privy councillor, Mr. Koenig, I have now the honor to lay before you the practice of the governments of Great Britain and of France, touching the claim to military service in reference to persons born in those countries, but since naturalized under the laws of the United States ; and also the practice of the government of the United States.
After the acknowledgment of the independence of the United States by Great Britain in '
1782, the oificers of Great Britain ut forward a claim to the naval service of sailors who were natives of Great Britain and reland, but who had emigrated to the United States and might have become naturalized there after the acknowledgment of independence. For forty years the subject remained one of increasing irritation, and, as the oficers of the British navy seized such emigrants wherever they could find them, the question of right was complicated by arbitrary acts. The number of seamen thus seized -and held amounted, in the early part of the present century, to several thousands. The arguments, the appeals, the remonstrances of the United States, long remained without effect; and these seizures formed one principal cause of the war declared by the United States against Great Britain in 1812. That war continued till 1815. In the treaty of peace Great Britain did not admit any formal renunciation of this claim to naval or military service, but her practice ever after conformed to international law, as interpreted by the United States, and the uninterrupted usage which has now continued for more than fifty years must be ‘admitted as a permanent and final concession of the principle, on the part of Great Britain.
In France it has been formally recognized by the tribunals and the executive government that the Frenchman who has legally become a citizen of the United States owes no military service to the government of France.
The leading case is that of Michael Zeiter. He was a native of France, and, in 1859, was placed_on the recruitment lists of Uhrwiller, his native place. Zeiter brou ht an action against the prefect of the department of Bas Rhin, residing in Strasburg, plea ing that he was a regularly naturalized citizen of the United States and had lost the title of a citizen of France. His plea was admitted, and in consequence it was declared that the previous judgment against him was satisfied ; that as he had ceased to be a Frenchman, he was no longer liable to compulsory service in the French army. In consequence of this decision Zeiter was immediately liberated from military service. [Judgment pronounced by President Bardy of the Court of Wissembourg, on the record of June, 1860. Faulkner to' Thouvenel, Paris, June '23, 1860; Thouvenel to Faulkner, July 5, 1860.]
UNITED STATES OF AMERICA.
The United States of America have always held that a man can never, at the same time, owe allegiance to more than one country; that the right of emigration is an inherent right; that a native American may remove where he will, and that on his becoming the citizen of another country he is released from his obligations to the United States. The native American, naturalized abroad, loses at home the right of suffrage and eligibility to oflice, and, in time of war, is not liable to military duty. So far as I know there never has been an instance, where a foreign government has complained or has had cause to complain that a native American legally naturalized abroad had been constrained to do military service in the United States.
Having in this manner set before you the practice of Great Britain, established by the usage of more than fifty years ; the practice of France as established by her tribunals and her executive government; and the practice of the United States, let me hope that the government of Prussia will, in like manner, put an end to the discussions which for several years have been so constantly renewed, by conforming to the practice of countries with which the friendly relations of the United States have not been so unbroken as with Prussia. This subject has, from the necessity of the case, been more considered, in all its aspects, in America than in any other country; and the conclusions arrived at have been the fruit of the calm and impartial and long-continued study of her wisest statesmen. The government and people of the United States, in their strong desire to increase intercourse and confirm good will between themselves and the government and people of Germany, earnestly commend, through me, to this government the immediate settlement of the question, on the only basis which has stood the test of examination through successive generations, not of American statesmen only, but of those of France and Great Britain.
Mr. Bancroft to Zlfr. Seward.
No. 10.] ' LEGATION or THE UNITED STATES, V Berlin, September 27, 1867.
S111 : The circulars which have recently been sent respectively by M. de Moustier and Count Bismarck in relation to the political bearing of the interview
held between the Emperors of Austria and France at Salzburg have confirmed the opinion which I had already expressed to you, that there is no immediate danger of an interruption of peace. The position taken by Count Bismarck has no novelty, and is but a repetition of his previous utterances. He has never left it in doubt that, in the opinion of Prussia, all the German powers may, if they please, at any time, of their own free choice, form ,a. united country without any regard to the good or ill wishes of foreign powers. No coercion will be applied to the states of South Germany ; but if they see fit to join the Union, they will be received, and such reception will be considered as giving no ground of war or even complaint to neighboring nations. This frank and manly publication of the views of the North German government is, in my judgment, the surest mode to preserve peace both now and for time to come. Nor has France power to intervene in German aflairs without the assistance of strong allies. The excitement observable in the French press and among French statesmen is to be attributed to the unpleasant discovery that France has suddenly and most unexpectedly been flanked on, the east by an imperial union Whose military resources on land, though not on the sea, are equal or superior to its own.
The question respecting Schleswig remains just where it did when I last wrote to you on the subject. All Schleswig is represented in the North German diet, and included in the jurisdiction of Prussia ; nor has Prussia made any offer of retrocession which Denmark shows a willingness to accept.
The measure regulating military service has been reported to the diet and will no doubt become a law. It maintains the system of three years’ service of every Prussian in the regular army, and four years’ liability to service in the reserve without substitution. Yet, notwithstanding this bill, I cherish the hope of arriving at a conclusion with this government on the question of the exaction of military service from Germans naturalized in America.
A navigation law has been proposed in the diet and will no doubt be adopted. It gives North German nationality to any ship owned by North Germans, and so far agrees with the present laws of Great Britain on that subject, but differs from those of the United States.
_This government is disposed to enter upon the system of exchanges, marked out by the memorandum of Professor Henry of the Smithsonian Institute, which you commended to attention; but as yet no definite reply to the proposition has been received at this legation. ~
The last despatch received from your department is No. 15, of August 28.
I remain, sir, yours, sincerely,
Hon WILLIAM H. SEWARD,
Secretary of State, IVas/zington, D. C.
lllr. Bancroft to Mr. Seward.
No. 11.] LEGATION or THE UNITED STATES, , Berlin, September 28, 1867.
SIR : I have just received from Prince Hohenlohe, the Bavarian minister, the communication of which -I enclose you a. copy. Meantime I shall address a few lines to Prince Hohenlohe explaining to him that your approval of the liberality of the Bavarian government has reference to its recognition of the inherent right of expatriation. I shall also not leave him in doubt about your views, such as they appear on record in this oifice, respecting the enforcement of penalties
against an emigrant for military serqice that had not become due at the time of his emigration.
I have the honor to be. sir, yours, sincerely,
‘GEO. BANOROFT. Hon. WILLIAM H. Sswano,
Secretary of State, Washington, D. C.
Mr. Seward to Mr. Von Baumbacll.
DEPARTMENT or STATE,
SIR: I have the honor to return with my thanks the accompaniment of your letter of the 24th of September last, which has been read with much interest. The just and enlightened views expressed by the Bavarian governmentin relation to the principles under which aliens in the United States are under certain circumstances held liable to military duty are very satisfactory.
I am, sir, your obedient servant,
‘WILLIAM H. SEWARD. L. VON Baumnaca, Esq.,
Consul of Bavaria, Milwaukee, Wisconsin.
Pour copie conforme a Yoriginal, Munich le 25 Septembre, 1867.
Prince Hohenlohe to Mr. Bancroft.
' MUNICH, September 25, 1867.
Mr. MINISTER: In reply to the letter of the 10th of July last, about Mr. William BardI'ofi"s reclamation, addressed to me by Mr. John C. Wright, at that time charge d’afl'aires of the United States in Prussia, I now have the honor to communicate to you as follows :
According to the constitution of the kingdom, the Bavarian subject is not presumed to have expatriated himself, to have emigrated, till he has com letely passed into the subjection of another country; his mere absence from his country an his residence abroad, however long it may be, do not deprive him of his primitive nationality.
From what Mr. J. C. Wright says, Mr. Bardrofl' became a citizen of the United States in 1865; and only from that time is he considered to have lost his character as a Bavarian sub'ect. .
AJs he was born in 1842, he became amenable to the conscription law on the 1st of January, I863, and as he did not obey the laws of his country, Mr. Bardrofl? was declared refractory by a sentence pronounced on the 27th of July, 1864. '
His reclamation is consequently devoid of foundation ; and he owes his condemnation to his non-compliance with the laws, in not serving out the time due, previous to the change of his primitive nationality for another.
1 am sure, Mr. Minister, these facts will convince the Secretary of State that this suit has been conducted in accordance with the laws of the kingdom; and you will permit me to express the great satisfaction which the government of the King, my august master, feels at seeing this communication submitted to the judgment of a statesman who expressed himself as indicated in the despatch of which I have the honor to enclose you a copy, 0 n the views adopted by the Bavarian government in its international relations.
I beg you to accept, Mr. Minister, the assurance of my very high consideration.
PRINCE DE HOHENLOHE. Hon. Gaonun Bancnorr,
Mr. Bancroft to Mr. Seward.
No. 12.] LEGATION or THE UNITED Srxrns, Berlin, October 3, 1867.
SIR : Herewith I enclose to you a. copy of my answer to Prince Hohenlohe, and a translation of the same into English. The object of this reply is—first,
'to state explicitly my interpretation of his letter as implying a full recognition
of the right of expatriation ; secondly, to correct immediately his error respecting your views on the right of the naturalized emigrants; and thirdly, to obtain relief for Mr. Bordrofl’, partly by argument and partly by request.
Your circular enclosing duplicate copies of the President’s proclamation of September 3d, is received; also your letter No. 16, containing the President’s letter of ceremony to the Grand Duke of Baden, which will be promptly forwarded through the proper channel.
I have the honor to be, sir, yours, sincerely,
GEO. BANCROFT. Hon. WILLIAM H. SEWARD, _ Secretary of State, Waslaingtorz, D. C.
Mr. Bancroft to Prince Hohenlohe.
LEGATION or THE UNITED STATES or AMERICA.
Mr. MINISTER PRESIDENT : I have received your letter under the date of the 25th of September, and I make haste to express the pleasure I have derived from the recognition, by the royal Bavarian government, of the inherent right of every man to change his country and his allegiance. This well-approved and firmly settled principle of the old Roman law was the rule of the best organized part of the civilized world more than two thousand years ago, and was ever attended in practice by the best results, as clearly appears from the emphatic language of the great Roman statesman and lawyer.
“O jura praaclara, atque divinitus jam inde a principle Romani nominis a majoribus nostris comparata! no quis nostrum plus quam unius civitatis esse possit; ne quis invitus civitate mutetur ; neve in civitate maneat invitus. Hzec enirn sunt fundamenta firmissima nostree libertatis, sui quemque juris et retinendi et dimittendi esse dominum." (Ciciro pro Bn.lbo, Cap. 13.)
A formal adhesion to this well-settled principle was to have been expected from the enlightened country whose august monarchs have been famous throughout the world for their liberal care for the culture of the sciences and arts ; and on this subject not the American Secretary of State only, but the President and Congress, and, indeed, the whole people of the United States, will render the due tribute to the just and enlightenedyiews of the Bavarian government.
But in reference to the question raised respecting the nature and effect of emigration, I must beg leave to observe that an emigrant and a naturalized citizen are not exactly convertible terms. He who removes from one country to settle in another is assuredly already an emigrant; and his subsequent change of allegiance in some measure affects retrospectively his relations towards his mother country in the interval during which the change was in
P From the fact that America is a nation composed exclusively of emigrants and their descendants, the questions of international law bearing upon the relations of emigrants to their old homes have, in a peculiar manner, engaged the closest attention of American statesmen; and after long continued and, as is believed, impartial research, continued through more than one generation, they have been forced to the conclusion, “that the naturalized emigrant cannot be made responsible on his return for any military duty, unless he had been actually required to perform it before his emigration. We do not recognize the binding obligation of contingent duties depending for their performance upon time and other future circumstances.” This view of the subject is simple and natural, and obviously just. The opposite view is attended by contradictions and difficulties, and might be used to defeat the right of emigration.
Great Britain is the country which suffers the largest diminution of its able-bodied population, especially of its mariners, by emigration to the United States. Yet for more than fifty years it has given over all claims to service from its emigrants. and has never fixed a penalty on an emigrant for failing to appear on a summons. The views of the government of France after long discussion are in harmony with those of the United States.
I persuade myself that in like manner a statesman so wise as Prince Hohenlohe, and of such large and comprehensive views, will on further consideration adopt the solution of the question as it practically prevails in Great Britain and France; especially if he will but present to his mind in all t eir force the circumstances that have irresistibly led American statesmen to the adoption of the principle which I have cited, and which forms a standing instruction to all the ministers and diplomatic agents of the United States. .