The New York herald., 1868-04-28
NEW YORK HERALD TUESDAY APgn 2s SHEET

Den wad,s. having the Presidency for ten months
shall agree 20 be satisfied herewith, and the same
parties in this view are urging Speaker Colfax fol
the Vice Presidency. The friends OF Colfax have
been quite busy fo' some days and they are In good
spirits Us TO his succ Ss.
The Treaty Betwees the United States and
the North Germtva Confederation.
The President to-day sens message TO Congress,
enclosing the following doculisen,s:-
DEPARyAENT or SrATE.l
WASHINGTON, April q, 1858.
20 THE PREsIDENT--
The despatch of Mr.. Bancroft copy OF which Is
herewith submitted, relieves the treaty recently =
goti&ed between the United states and North Ger
many OF some injurious mi9appreheasions which
have hitherto existed. and respectfully submit the
eXpedency OF communicating the despatch to Con-
Wm. Ii. SEWARD.
AMERicAN LEGATION BERLIN, April 3, 1863
SIR-That no donbt might exist Of 3le correctness
OF my Interpretation Of our treaty wfih Norti, Ger
many, communicated to yoa; in my despatch OF
February 22, left copy OF that despatch at the
Foreign Oilce, and no objection whatever was made
to Its contents The report made upon the treaty by
the committee Of the North German Council was not
WEI! digested and'w not whollyffee from ambi.
guilty.
Yesterday the tveaty came up FOR acceptance
in the Imperial Diet.
Mr. KONG in the first instance, and then Count Bis
marck took the occasion publicly and ia the clerest
and most emphatic manner 70 confirm my interpre-
tation of II In every particular. ExCensu Meier.
the Diet had referred the treaty. one OF the first
chants in Europe and well known in America from
ms ms long n residence a se among u.s. reported the to
s rg ei peculiar that
the recognized International law by North Germany
ana the United States DIR. Schleder, well known
TO you rom his long residence Minister ut wash
ington, mot omittlng to make some ca.
wis at what he called ''smali defects,' spoke
substantially % and heartily los the treaty, asa
several articles. Mr.. KONG tSe pienpo.entiary
whu signed the treaty on the part Of North Germany
years' continuous residence in America and no more,
was all that the treaty required in regard to resi-
bismarck, spoke on the same point, declaring that
the words OF the article were too plain to BE mlsun
derstoJd; that the period OF five years was TO date
from tie moment when the emigraopshoald cross
the American line and that the con'inuity OF resi-
dence which was required to be interIgeted--
''Nicht IN E0eTpe,ficieps SO1ldeTn, IN j0tsaictem
SHINE" (not in corporal, but in legal seDse)-
The Interpretation Of the second artice Of the
treaty was equally M explicit. DR.: Schleid.n eI the
liability OF the naturaized citizen ms rsturn to his
original counbry extended only to breaches OF law
breach of the law which might be cominittcd by
Itself was excluded from the class OF punssh-
sIe Mr Hong. VINO "' pointed ont @ that as thy
cmigrdnt remained Liable only for acts committed
before emigraiilm. emigration Itself, and. the
consequent Withdrawal ir0m mildaiy duty could not
he included among such acts. $50 then," said DR..
Lowe, one OF the sbest member, of The Diet and
weH known as q long and esteemed resident Of New
YorB, 'the hateful military BUSINESS is now put
aside, and the emi2rant on his return rs not liable TO
arrest for the vioation of the military duty from
which he had Withdrawn 10y emigraGion" Willie he
fully accepted the explanation OF Mr.. Konig, DR..
Lowe still minated a wish that might be con-
frmed by Count Bismarck himself.
Tile Chancellor immediately arose and replied as
Ioiiows:-"The gentleman who has last spoken fears
tnat person who has lived five years in America and
been naturalized there may yet on his return here
be held to military duty. This mpresslon can desig-
literal observation Of the treaty includes in itself that
those whom we are bound to acknowledge
as American citizens cannot be held to
main purpose OF the treaty Whosoever cmigrates
bona nde with the purpose of residing permanently
in America shall meet no obstacle our part to his
becoming an American citizen. and his bona ddes
viii be assumed when he shall have passed Ave years
III that country and, renouncing his North German
shall have become an American citizen.
believe therefore, that room has been left
open for the anxiety that has been expressed.
and lay great stress upon here placing the subject
in Its true light
DIR. Lowe questioned the Chancellor on this point
once more saying, $50 my JOY, think may under
stand the Chancellor to say that no prosecution for
unauthorized emigration can take place, even II the
Count bismarck replied, ~ herewith confirm the de.
caratOn which the gentleman rises and desres;' and
might almost assert that we viii treat M the ve Years
absence In America, when connected with natu-
ralization as iuliment OF the military duty In the
North German COnederacy."
The fourth article OF the treaty came also under
consideration. MIR. Lasker, one or the ablest mem.
bers OF the Diet inquired if the German natliraiZed
I'm America and returning to Germany would, after
two years residence in Germany, be held liable to
military duty. The text OF the treaty, he said, gave
color 10 such Interpretation, but the report of
the Council Of the Confederation was ambiguous, and
therefore he called upon the Councillor for
clearer explanation. In the beginning OF the
debate, ex-COnsul Meier has most clearly explained
that the American law required from the person who
becomes naturaiiZed a total renunciatiOn OF his al
legiance TO any other power. Holding fast to this
fact, Count Bsmark replied that the German-Ameri-
can citizen, on resuming his relations rs citizen Of
the light OF foreigner emigratlng into North Ger.
many; that he could not be held to the discharge OF
any old military duty, but only TO such ''new' military
duty would attach to every foreigner emigrating
into North Germany and becoming naturaliZed there
The President now put the question on the accept
ance Of the treaty, and the whole Diet with the ex
ception OF two or three Poles-wh0, as IL seemed to
me- only declined voting-rose to their feet with aac
rty. All the proceedings were marked by the dispo-
United states. send you herewith the debate as 10
appeared conclsely in the North German Gazette OF
last evening and in the National Gazette Of this morn
ing on the fourth article.
will add few words. The American law eXacts
from the citizen who becomes nati0naZed q per
petual remuneration by oath OF his former nation
ality. Hitherto the Prussian government has made
no formal recognition OF our naturalization laws
but now that 1t becomes bound by treaty to respect
them IL could not have restored the returning the
American German to his German citizenship had
not the consent OF the United States TO his release
from his obligation To them been given, as II Is given
by the fourth article OF this treaty
remain sir, yours sincerely.
GEORGE BANCROFT.