received. As the prohibition of inland tickets in the canton of Berne has just been obtained by a patient representation of the reasonableness of the demand, and in the face of a decision of some of the governments to continue a sanction of the traffic, I do not despair, by proper explanations, of convincing the cantonal authorities that it is also equally their interest and their duty to reconsider their course with regard to the Israelite citizens of the United States. I should like, however, before presenting the case fully, to possess all the information necessary, and I think Mr. Levy might furnish me with materials, such as his co-religionists probably possess, in the most authentic form; for instance, replies to the following questions, which I have not fully found in the last census: 1. How many American Israelites are there in the United States? 2. What wealth do they represent? 3. To what classes of society do they belong, as to professions, etc.? 4. How far are they in possession of offices of public trust? 5. If Switzerland would secure to them the same equality which they find in the United States, how many would probably wish to settle in this country, and what kind of trade or professions would they be likely to practice? with other statistics upon the subject. 6. In what other countries are Israelites received as in the United States? 7. What countries have abandoned, or are in the course of abandon ing, an illiberal policy with regard to them? * * * * * * * * I have the honor to be, sir, with the highest consideration, your obedient servant, Hon. LEWIS CASS, THEO. S. FAY. Secretary of State of the United States of America. With regard to the Israelite question, a certain movement of public opinion is already observable. The proposed treaty between Switzerland and Persia failed, as I had the honor to inform you, in consequence of the same clause in the Swiss constitution, which guaranteed only the establishment of Christians. The Persian treaty had little interest for Switzerland, and the federal council itself specially called the attention of the Persian minister in Paris to the article. Was the Persian treaty sacrificed to strengthen the position of the federal council against the demand of the United States? If so, it was a mismove, of which the result will be not to strengthen, but to weaken; for it has attracted attention to the subject, and exposed the inconvenience of the principle admitted into the constitution by which Switzerland is unable to conclude a treaty of establishment with any nonChristian state, perhaps also with states of a mixed faith, or with such a government as ours. The report appended gives the subject serious consideration, and must, I think, operate in favor of the argument which I propose to make in support of our demand as to American Israelites. It is found that this clause in the Swiss constitution is really injurious to Switzerland, whose citizens are engaged in commercial intercourse with all nations of the globe. The report does not adopt the cause of the Israelites, but it adopts a theory which must work in their favor, viz: that the clause in the constitution is wrong, prejudicial to the national interests, and that the cantons have the right to waive it. The Persian treaty affair has called forth several articles in the "Berner Zeitung," a journal under the influence of Mr. Staempfli, a leading member of the federal council. I have the honor to enclose two numbers of this journal, containing articles which attack that clause in the constitution, and are, I think, precursors of a change in the tide of public opinion. The articles press the importance of the Persian treaty, the uselessness and bigotry of the clause upon which it has been shipwrecked, and express plainly the wish for a revision of the constitution. I ventured, under these circumstances, in my note of May 26, (with my No. 293,) to intimate the possibility that the operation of our treaty is watched by our government with attention, and that we expect the provisions of it to be executed in a large and friendly spirit, and that grievances growing out of it should be examined fairly, and not treated so unceremoniously as they were treated in the note of the federal council of May 14. Should the Swiss nation perceive that not only treaties with non-Christian governments, but with such countries as the United States, were perilled by the clause upon the Jews, it would effect at least a change in the spirit and perhaps in the legislation of the cantons. In fact, it is not quite fair to proclaim the clause in the constitution as the obstacle, sir, to a compliance with your just demand. The real obstacle is in the spirit and legislation of a few of the cantons. I have the honor to be, sir, with the highest consideration, your obedient servant, Hon. LEWIS CASS, THEO. S. FAY. Secretary of State of the United States of America. No. 297.] Mr. Fay to Mr. Cass. UNITED STATES LEGATION, SIR Referring to my No. 293, 295, and 296, I have the honor to enclose a copy of the reports of the cantons on the legislative restrictions against Israelites. As I propose to analyze these documents in a note to the federal council, I will not at this time enter further into the subject. Before writing that note I await a communication from Mr. Levy. I have the honor to be, sir, with the highest consideration, your obedient servant, Hon. LEWIS CASS, THEO. S. FAY. Secretary of State of the United States of America. The President and Council of the canton of Zurich to the Swiss Federal Council at Berne. [Translation.] ZURICH, April 24, 1858. PRESIDENT OF THE COUNCIL AND MEMBERS: Under date of 10th March of this year you addressed to us, in our federal relation, a circular, in which you seek some information on some points relating to the legitimate rights of Israelites in the cantons, in respect of which the legation of the United North American States had addressed the federal council certain inquiries and sought its answer thereon. the honor to reply what follows: We have In our canton the Jews, having the right of establishment, enjoy the same rights as others in that condition, with the single drawback that the acquisition of landed property and the dealing in mortgages of real estate is forbidden to them. The community is in no respect holden to grant to the Jews the right of establishment. Further restrictions no longer are in force. Your excellencies will please receive the assurances of our high consideration. THE PRESIDENT AND COUNCIL D. ZEHUDEN, Chief President. ZUBER, Chief Secretary of the Council. The Council of the canton of Berne to the Swiss Federal Council at Berne. [Translation.] BERNE, April 22, 1858. PRESIDENT AND COUNCILLORS: We have the honor, in reference to your esteemed circular of the 10th March, respecting certain formal questions propounded by the North American legation touching the legal relations of the Jews in our canton, to make the following communication in answer: In general, in the canton of Berne, Jews in their civic and legal relations live under the same laws as other residents of its territroy, H. Ex. Doc. 76-3 and are not as such subject to any derogatory restrictions. Should the case happen that a Jew find himself in possession under Bernel land laws, and with adequate rights of citizenship, he would, according to the principles of our constitution, enjoy, with the sole exception of what refers to religious relations, or is connected with religious prerogatives, all the rights which are assured to any citizen of the State. In conformity herewith the same laws and police regulations are in force towards foreign Jews as towards any other strangers. In one aspect of the contents of this requisition, which might otherwise carry us too far, we think that, in the inquisitive interrogatories of the North American legation, we do not find a peremptory demand; we confine ourselves in this respect, therefore, to our ordinance in regard to aliens of 21st December, 1816, also to advisory notices of 10th October, 1857, in answer to your circulars of 18th July of the same year, which we had the honor to send you, and in which the relations of foreigners in this canton, relative to taxes, dues, and imports, are collected together. That, by the treaty concluded between the Swiss confederation and the United States of North America, the legal position of North American Jews towards the canton of Berne is in no respect changed, but remains the same as theretofore in the manner of relation, as the condition of the subjects of those foreign States with which the Swiss have no treaty engagements needs no demonstration; and we gather, moreover, from your circular of the 10th March, that on the occasion of the complaints of grievances by the North American Jews, the Swiss consul general at Washington had been instructed, and in your despatch upon the matter sufficient explanation given. In fine, the object of the questions of the legation seems to be to find why in Switzerland North American Jews are excluded from advantages which North American citizens of the Christian faith are assured of by the treaty; and we cannot conceal from you that these questions, through which certain elucidations appear to be sought on the principles of the legislative action of our country, has, in some measure, excited our wonder, although it might not be difficult to prove that the canton of Berne does not consider the increase of its Jewish population an object of desirableness upon politico-economical considerations only. We are in the intention not to enter upon any closer investigation, and allow ourselves to close with the remark, that if the North American Jews, as is in fact the case, enjoy amongst us the same rights as the Jews of all other nations-as the Jews of the Swiss condition-as even Christian foreigners generally, with whose governments we have no existing treaty stipulations-then, in fact, according to our way of thinking, no reason is at hand for complaint about their condition. We avail ourselves of this occasion to assure you, Mr. President and members of the federal council, of our most distinguished consideration. In name of the governing council. P. MIGY, the President. L. KURH, The Secretary of the Council. The Chief Magistrate and Council of the canton of Luzerne to the Swiss Federal Council at Berne. [Translation.] LUZERNE, March 22, 1858. THE HONORABLE PRESIDENT AND MEMBERS: In your letter of the 10th of this month you request us to give early answer to certain thereto annexed questions propounded by the legation of the North American free States: 1. Which are the cantons wherein the restriction laws against Israelites have not been abolished? 2. What is the peculiar character of such laws, so far as they can be applied to American Israelites? 3. Is there any good reason existing for refusing thousands of very respectable American citizens that equal reciprocity required by the spirit of the treaty which is extended to every Swiss throughout the territories of the United States? We make no delay in replying to you in relation to these questions. To the first and second: In the canton of Luzerne Israelites, in relation to trade and barter, are not treated differently from Christians. In respect of the right of establishment they are, however, subject to the provision of the federal constitution, which reserves to the cantons the prerogative to permit or deny to Jews the right of establishment. Should it, however, be conceded to an Israelite (and this is already practically settled) he would be entitled, according to the federal ordinance of September 24, 1856, to the exercise of the same rights as other Swiss citizens, although, on the other hand, there is an antagonism of the federal constitution, article 27 of the state constitution declaring that political competency to vote is dependent on the Christian religion. A restrictive provision with regard to the Jews is contained also in the laws upon the acquisition of rights of citizenship, as in the matters thereto pertaining the "Catholic religion" is mentioned; this, however, does not here come under consideration. Israelites, moreover, who are citizens of the United States must be regarded with observance of the existing treaty, (Art. 1, pass.,) just so as the Swiss Jews. The right is maintained of refusing them the privilege of establishment in the future. Naturally, however, this prerogative would not be lightly exercised when the party concerned offers all the guarantees for his respectable conduct, and without prejudice to the state. To the third: This question involves a reflection which the provisions of the treaty with the United States should, at any rate, cause to be kept in consideration. Perhaps it might be as well in treaties with foreign powers not to secure to foreign Israelites more privileges than the federal constitution assures to Swiss Israelites. Since, however, the treaty is ratified, with the understanding that the American |