Mr. Seward to Mr.
Fogg
No. 66.]
Department of State,
Washington,
February 8, 1865.
Sir: Mr. Hitz, the consul general of
Switzerland, in this city, has transmitted to this department a
communication from the federal council relative to the proposed
introduction of the Swiss flag upon vessels navigating the high seas,
and has solicited a favorable consideration of its contents. Mr. Hitz
has been informed that the subject would receive attention, and that the
views of the department thereupon would be communicated to you.
In order that you may fully understand the proposition, I herewith
enclose a copy, in translation, of the paper submitted by Mr. Hitz.
Of its friendship for Switzerland, this government believes it has left
nothing of doubt.
The United States are now engaged in a serious conflict with insurgents
who, although they have neither ports nor coasts, are supplied by
subjects of other powers, which powers recognize the insurgents as a
naval belligerent. The United States deny that this recognition is just,
or that it finds any warrant in the law of nations.
Moreover, the United States have for the present disallowed ship-building
and armament here for foreign powers, because they need all the labor
and skill of the country for the equipment of their own navy.
For these reasons you will seek an early opportunity to inform the Swiss
minister for foreign affairs that the present time is not deemed a
favorable one for considering the question which has been submitted by
the federal council. You will make this communication in a confidential
manner, if the President should prefer to receive it in this way, for
the reason that this government, animated by the highest friendship for
Switzerland, does not wish even to appear to be indifferent to a
proposition that engages the attention of Switzerland.
I am, sir, your obedient servant,
George G. Fogg, Esq., &c., Berne.
Mr. Hitz to Mr. Seward
Consulate General of
Switzerland,
Washington, D. C.,
January 31, 1865.
Sir: In compliance with the request of the
federal chancery of Switzerland, this consulate most respectfully
transmits to your honor the enclosed communication of the honorable
federal council of Switzerland, relative to the proposed
introduction of the Swiss flag upon vessels navigating the several
oceans, and I would fain solicit a favorable consideration of its
contents.
With assurances of high esteem, very obediently,
JOHN HITZ, Consul General of
Switzerland.
Hon. William H. Seward,
Secretary of State, Washington, D. C.
[Page 211]
[Translation.]
The Federal Council to Mr. Hitz
Berne,
December 31, 1864.
In reference to petitions presented by a great number of Swiss
citizens, the federal council has been occupied with the
consideration of the question, whether Swiss citizens, owners of
ships, should not also be admitted to the benefit of carrying the
Swiss flag on the high seas.
Switzerland is assuredly on equality with any other nation in the
right to use the free passage of the seas under her own name, and
the circumstance that she does not border immediately on the seas
cannot impair this right.
On the other hand, the federal council does not dissemble that, from
the last circumstance, some difficulty may arise about the practical
exercise of her right.
In consequence the federal council, before making a definite decision
on this matter, takes the liberty to inquire of the general
government of the United States whether it would be disposed to
admit to its ports Swiss vessels expressly authorized by the federal
council to carry the Swiss flag, and to assure to them like legal
position as to vessels of other nations, as also to accord to Swiss,
established in the respective states, authority to build Swiss
vessels and to freight them.
The federal council can the better yield itself to the hope of a
favorable answer, because the neutral flag of Switzerland might,
according to conjunctures, become advantageous to all the states or
to general commerce. The federal council, moreover, would not
hesitate an instant in accepting all the obligations of
international right which attach to that of carrying a flag.
The federal council has the honor to present to his excellency the
assurances of its high consideration.
In the name of the Swiss federal council,
The President of the Confederation,
DR. T. DUBS.
The Chancellor of the Confederation,
SCHEISS.
