DUBS, President of the Confederation for the Federal Council to George Harrington, July 14, 1868

The Federal Council to Mr. Harrington.

On returning to the United States minister resident in the Swiss Confederation the package of documents accompanying his note of the 9th of June last, in relation to the claim of John Hürlimann, the federal council announces that it has considered the report of the authorities of the canton of Aargau, dated 29th ultimo, on this affair, and now informs said authorities that it concurs in their decision, that John Hürlimann, senior, was a citizen of the United States; that his marriage with Anna Maria Suter was in accordance with the laws of the United States, and that the male issue of that marriage is considered as the legitimate descendant of an American citizen; therefore no Swiss authority can decide the civil status of an American citizen, because the laws of the United States, and not those of the canton of Aargau, are to obtain in this matter.

The federal council also observes, that, by virtue of an international treaty still in force, between Switzerland and the United States of America, an American citizen has the right, in case of successions, to be treated as a Swiss; and, therefore, John Hürlimann, junior, must be treated in the same manner as if he were the issue of a lawful marriage of Aargovien citizens.

From the above, the federal council judges the refusal of the communal council of Entfelden to be contrary to the treaty, and that it ought to be reversed, inasmuch as no civil suit for the succession is intended to be prosecuted.

The federal council has instructed the authorities of Aargau to make this known to the heirs, for their guidance, and to report the result of its intervention in the affair.

Reserving the privilege of further communications on the subject, the council repeats to Mr. George Harrington the assurance of its high consideration.