Von Bülow to Nicholas Fish, July 25, 1874

Mr. von Bülow to Mr. N. Fish.

The undersigned has heretofore, under date of the 24th ultimo, had the honor to make known to Mr. George Bancroft that, according to reliable information, it was intended, in pursuance of a judicial order of the United States district court of New York, to take the testimony of a number of German citizens or their representatives, through the instrumentality of the American consuls at Aix-la-Chapelle, Frankfort-on-the-Main, Berlin, and Leipsic, assisted by commissioners sent to Europe for this purpose, in the matter of an action instituted by the customs authorities in New York against a branch house in that city of the firm of S. N. Wolff & Co., of Cassel. He at the same time expressed the hope that that communication would suffice to prevent the actual exercise of the functions claimed for consular officers in the German Empire in the said judicial order, hut not warranted by the provisions of Article IX of the German-American convention of December 11, 1871.

The undersigned has not been favored with an answer thereto. On the other hand, intelligence has just reached him that the vice-consul of the United States at Barmen, Mr. Ernst Greef, accompanied by Mr. Roger M. Sherman, assistant United. States attorney, southern district of New York, had presented himself on the 16th instant at the bureau of the steel and copper-ware manufacturers, Brothers Lüttger, at Petersmühle, and on the 18th instant to Mr. F. C. Lurmann. at Iserlohn, in order to take the testimony of the representatives of these firms in reference to certain facts bearing upon said action. True, in both instances the information demanded was refused, but in both instances the vice-consul of the United States had notified the above-named gentlemen that citations before the American consulates at Aix-la-Chapelle and Frank-fort-on-the-Main, respectively, would be issued against them at an early day.

In one instance the matter had been carried so far that it was intimated that a refusal to give the desired information would entail upon the respective firm increased difficulty in the transaction of its American business.

To the undersigned it seems indubitable that in accordance with the said consular convention, American consular officers are only entitled throughout the German Empire to take the testimony of citizens of the United States within the bounds prescribed in Article IX, and that all official action exceeding the limitations contained therein appears to be a trespass irreconcilable with the lawful rights and duties of the German authorities.

Instructions will therefore be immediately issued to the competent tribunals to cause investigation to be made into the action of the above-mentioned American vice-consul at Barmen, as well as into the proposed official proceeding of the above-mentioned consulates, and to make report of the result of said investigation.

The undersigned, while he has the honor to bring the above to the notice of Mr. Fish, cannot of course claim to be in possession of an accurate knowledge of the facts of the case, established by both sides.

These complaints of German citizens are, however, probably not without foundation in fact, and in this case, the matter being as urgent as his desire is sincere and earnest to see every occasion for a difference of opinion “avoided, he takes the liberty to request the chargé d’affaires on his part to consider what is proper to be done to provide against the consequences to the said consular officials necessarily following the transcending of their functions as limited by treaty and exequatur.

Respectfully awaiting an answer to this note, the undersigned gladly avails himself of this occasion to renew, &c., &c.