WOLFF, United States Consul to G. Harrington, United States, May 10, 1868

Mr. Consul Wolff to Mr. Harrington.

Sir: Your favor of the 8th was delivered to me yesterday by Dr. Hamlin, a lawyer of Stuttgart, in reference to the imprisonment of Charles Berry. It is the first information I have received that he is in prison.

After a consultation with Dr. Hamlin, who returned last night to Stuttgart, I told him that I was ready to assist Berry in any way I could, and he left at my office all the papers in connection with this case.

I went immediately to work and obtained the following information, viz:

Charles Berry, born on the 23d of September, 1825, in Liestal, canton of Basle, and emigrated to the United States about ten years ago; and before he left this country a guardian was appointed over him, to take care of his property, on account of his extravagance and squandering away his money.

Charles Berry had served in the United States army, was made a second lieutenant in the forty-fifth New York volunteers, on the 22d of February, 1863, (herewith his commission marked B,) and first lieutenant on May 29, 1863, (herewith his commission marked C.)

On the 23d day of October, 1865, he was married with Bertha Ulmer, by Henry Toclke, a Protestant clergyman; the certificate of marriage is legalized by the Swiss consul in New York, also herewith inclosed and marked D.

Charles Berry was made a citizen of the United States in New York on the 27th of December, 1865; certificate of naturalization inclosed and marked E.

He came from New York in the end of last year, went to Stuttgart, Wurtemberg, and was residing there with his wife; made his living as a teacher, and gave French lessons, &c.; besides, he received annually the interests from his capital under the care of his guardian, Dr. Staehlin, of Basle City.

In the month of April he requested his guardian to send him the interest due to him, and in reply he was invited to come to Basle himself, as he had some important business to talk over with him. (The letter of this invitation I expect in a few days, and will be forwarded to you in due time.)

On the 24th of April, 1868, Charles Berry arrived at Basle, and found Dr. Staehlin not at home. (See letter to his wife, herewith inclosed, and marked F.)

On the 25th of April he went again to Dr. Staehlin with the intention to receive the interest of his capital, &c., but was arrested and placed in prison. (See letter to his wife, herewith inclosed, and marked G.)

He was requested to come to Basle to receive his interest, and instead of that he was placed in prison at the request of his guardian and relatives, who have also petitioned the cantonal authorities of Basle City to put him in a work and correction house, and at present is awaiting his examination.

The reason for this is given in squandering away his money, being lazy and idle, besides entered into an unlawful matrimony.

I have not the slightest doubt that the authorities will send him to the house of correction, except the high federal council interferes in his favor immediately.

Charles Berry has a property valued at about thirty-five thousand francs; his relatives have a great interest in this; if children should be issued out of this marriage, of course the relatives would receive nothing. The relatives and guardian do not recognize his marriage, and they try to have him separated from his wife.

The question in law will be this: Have the cantonal authorities the right to keep up the Swiss guardianship after a person has become an American citizen? That right as an American citizen ought to release him from his guardianship, and from any other obligation towards his mother country.

This is a question of great importance, and, if it will be settled in favor of the United States; hundreds, now citizens of the United States, will be entitled to receive their property detained from them and now managed by a guardian.

Last night I saw the chief magistrate and told him that a complaint has been made against the authorities for imprisoning Charles Berry, an American citizen. He said, will you protest against it? I answered him that the case was in the hands of our minister and I could not interefere, but I had good reason to believe that the high federal council would communicate to them and have the question arranged and settled.

Very respectfully, your obedient servant,