Legation of the United States,
Legation of the United States, May 23,
1893. (Received June 3.)
No. 27.]
[Inclosure in No.
27.—Translation.]
Mr. Lachenal to
Mr. Cheney.
Federal Department of Foreign Affairs,
Political Division,
Federal Department of Foreign
Affairs,
Political
Division, May 9,
1893.
Mr. Minister: In answer to your note of
March 18 last, we have the honor to inform you that by decree of
September 30 last, the federal tribunal has refused to enter upon
the recourse of Mrs. His against the decision of the tribunals of
the canton of Aargau to remove the exception of incompetence raised
by her.
If since that time it could not have been decreed upon the principal
demand this is the fault of the delays required by the counsel of
Mrs. His in order to obtain instructions which the defendant delayed
to give.
Under date of February 27 last, the two parties have demanded that
the written proceedings replace hereafter the oral proceedings in
the debates concerning the demand of modifying the judgment of
divorce between husband and wife, His, pronounced January 22, 1890.
The president of the tribunal of Zofingen agreed with this demand,
and the debates at this time pursued were in conformity with the
code of civil proceedings of the canton of Aargau, although Mrs. His
persists on the exception of the incompetence of the Swiss
tribunals, and refuses to enter upon the subject in question. For
the rest we refer to the contents of our note of May 7, 1892,
informing your excellency that the Federal Council can not modify
the point of view explained in said note. It continues to consider
the action of Mr. His as not a crime, but simply a violation of the
arrangements concluded between the husband and wife His, and
sanctioned, by the tribunals of Aargau, an offense for which His may
be pursued before a competent tribunal, but would not justify, by
any means, an administrative intervention.
We seize, etc.,
