WOLFF, United States Consul to George Harrington, United States, May 16, 1868

Mr. Wolff, United States consul at Basle, to Mr. Harrington.

Sir: In addition to my letter of the 10th, I inclose herewith a translation of my letter to the burgomaster, marked A A.

On the 12th of May I went in the prison to see Berry, and was received by the police director.

In speaking of the imprisonment of Berry, I told the director of the police that Berry must be a curious kind of a fellow to be for fifteen days in prison without giving me any notice; to which the director replied as follows: “After he was about three hours in prison he presented to me a letter for you, (Wolff,) but I thought best to keep that letter.

From the director’s room I went in the prison, and had along conversation with Berry.

As soon as I reached my office I made a complaint against the director of the police in a letter to the burgomaster, of which I herewith give you a translation, marked B B.

The burgomaster answered that he had remonstrated against the action of the director of the police.

On the 13th of May, in the afternoon, at 3 o’clock, Berry was released, and is now a free man; he was eighteen days in prison—had committed no crime.

On the 14th I have taken depositions, and on the evening Charles Berry left for Stuttgart.

The guardian and relatives will not make any opposition in paying over his property; how the guardian court will act has to be seen. The demand to give up his property will be made immediately.

Charles Berry demands for his imprisonment reparation; that I leave entirely in your hands.

In my report of May 10th I said that the letter of Dr. Staehlin, in which Berry was invited, could be forwarded to you in a few days. I inclose you herewith the original letter, and marked E E.

If you have an answer from the federal council, I would thank you to send me a copy.

Very respectfully,

Mr. Wolff to Charles F. Burkhardt, burgomaster of Basle City.

Sir: Pursuant to the conversation relative to the imprisonment of Charles Berry, I have herewith the honor to present you, viz:

1. Certificate of naturalization of Charles Berry as an American citizen.

2. Renunciation of his citizenship as a Swiss.

In case you should desire other papers, I can send for them to the American legation at Berne.

As Berry has committed no crime, I hope you will be induced to release him from prison.

With great respect,

Mr. Wolff to Charles F. Burkhardt burgomaster of Basle City.

Sir: In regard to the imprisonment of Charles Berry, I made the remark in my yesterday’s visit that I could not understand why Berry did not give me any information of his imprisonment.

To-day I paid him a visit, and before I saw him I was informed by the director of the police, Mr. Wirz, that Berry delivered to him, on the first day of his imprisonment, a letter for me, but he declined to allow the letter to be delivered to me.

I thought that even a criminal had the right to a legal adviser, and as Berry, to the best of my knowledge, has committed no crime, I find this action very remarkable, and doubt very much that this measure was recommended by the high authorities.

Berry was fifteen days in prison before I had any information of it, and this was given by a lawyer coming from Stuttgart.

As I was frank with you, without reserve, and informed you of every thing. I deem it also my duty to bring this fact to your knowledge.

With great respect,

Mr. Harrington to Mr. Klauprecht, United States consul at Stuttgart.

Sir: On Friday, the 8th instant, a gentleman presented himself at this legation bearing your card and stating that he came at your suggestion. He informed me that Mr. Berry, a native Swiss, but a naturalized citizen of the United States, who, with his wife, had been residing at Stuttgart for some time, was invited to Basle to receive in person certain moneys due him; that he went there and was immediately arrested and thrown into prison, and his wife desired the intervention of this legation in order to his release.

He submitted to me certain papers, among which were two commissions, one as second and one as first lieutenant in the New York volunteers, but there was no evidence that Berry had been naturalized as an American citizen. Those papers, he stated, were taken by Berry to Basle, which subsequently proved correct.

I directed this gentleman to go at once to Basle and gave him a note to our consul, Mr. Wolff, whom I requested to investigate the matter at once.

Upon Mr. Wolff’s report, received the following Monday, the 11th, I addressed the high federal council, and by their communication, received this morning, I am informed that Mr. Berry was released on Wednesday, the 13th, and I learn that on the following day Mr. Berry returned to Stuttgart.

I inclose herewith a translation of the report of the authorities of Basle upon this subject, and request you to see Mr. Berry, show him this report, and ascertain—

1. If he is the bearer of an American passport, and if not, why not?

2. If Mr. Berry served in our armies in any capacity before being commissioned as a lieutenant in the New York volunteers?

3. How long he served altogether, in what regiments, under what commanders, and where?

4. Whether he was discharged honorably, and when, and if he has his discharge with him? If yes, send me an official copy under your seal.

5. Ascertain the date when he emigrated to the United States, if he went there clandestinely, and whether there were any charges pending against him at that time.

6. What was the sorrow that he caused his family and prompted the authorities to appoint a guardian or trustee for him, and caused him to be deprived of his civil rights?

7. Is he rightfully charged with bigamy? Has he been previously married, and if yes, is his first wife living? When, where, and to whom was he previously married?

8. During his absence from Switzerland was his income regularly remitted or paid to him in any manner whatever? If not, why not?

9. When, and where, and in what manner was he last paid such income, prior to his recent visit to Basle? When he last went to Basle, what was the nature of his interview?

Also endeavor to obtain so much of his history as will enlighten me as to the grounds of his being charged with bearing a bad character, with any other information that you may be able to command that may be of interest.

Very respectfully,

Mr. Harrington to Mr. Wolff, United States consul, Basle.

Sir: I send you a copy of the reply of the federal council to my application for the release of Berry. You will see that the authorities of Basle speak of a “chagrin” that he once caused his family, declare that he is charged with bigamy, and that generally he bore a very bad character. These charges are general, not specific, except as to bigamy. Will you make such inquiries as will enable you to state when, and in what manner, he was charged with bigamy, and what act he committed that caused him to be placed under guardianship and deprived of his civil rights.

Will you obtain the letter that Berry wrote to you after being imprisoned. If given to you, mark upon it the hour you received it. But I prefer that you write to the police director for it, so as to get a written answer.

Very respectfully,

Mr. Consul Klauprecht to Mr. Harrington.

Sir: I have the honor to acknowledge the receipt of your dispatch of May 20th. In conformity with your request I have seen Mr. Berry, professor of languages, (Olga street, No 51,) for the purpose of obtaining all facts connected with the questions you have been pleased to address me, and which I shall now answer in the order of their succession.

1. Berry is not in possession of an American passport; Mr. De Luze, Swiss consul at New York, having assured him that his certificate of naturalization, visaed by the Swiss consulate, would fully answer the purposes of a passport, he did not apply to Washington. This certificate of American citizenship was issued on the 27th of December, 1865, by the district court of the city and county of New York, signed by Nath. Jarvis, jr., clerk. The number of the consul’s visa is 5569.

2. Berry enlisted in New York, and was appointed sergeant of the 45th regiment New York volunteers, (Colonel Ombberg,) on September 25th, 1861.

3. On June 30th, 1865, he was mustered out of service, having served as 2d and 1st lieutenant in the campaigns in Virginia and Tennessee, under Generals Howard, Sigel, and others.

4. Berry claims to have been honorably discharged, and said discharge paper to be in the hands of Chipman, Hosmer & Co., claim agents in Washington, in support of a claim for additional sergeant’s pay.

5. He emigrated to the United States in August, 1861, and landed at New York on September 4th following. He did not leave his native home clandestinely, but with the consent of his family. No charges had been pending against him at that time.

6. Berry confesses to have formerly belonged to the genus called “fast young men,” and, as a thoughtless spendthrift, to have committed many a foolish but no bad act. But he pretends to be fully reformed, and furthermore, that nothing but avarice from the side of his sisters and brothers-in-law, the desire to get possession of his paternal estate, were cause of that plot depriving him of his civil independence and appointing a guardian for him, “More sinned against than sinning.”

7. He was never before charged with bigamy, and not previously married. The charge of bigamy was first brought forth against his wife by Mr. Staehlin, his trustee, in support of his endeavor to nullify his marriage. Mrs. Berry is a native of the county of Ludwigsburg; her family name is Ulmer. She was previously married in New York to one P. Brown, living at present at Norfolk, Va.

8. During his absence from Switzerland his income was regularly remitted and paid him in monthly rates by Henry Burgy, esq., Swiss banker in New York.

9. Said income was last paid at Stuttgart for the first quarter of this year. When last at Basle he received 250 francs by Mr. Staehlin. He went to Basle, Berry says, on the written request of his trustee. On his arrival he was imprisoned on the following charges: 1st, for aversion to labor; 2d, for unfitness for business; 3d, for want of military employment.

I learn that his conduct while here was blameless, and that his monthly income by his lessons amounted to eighty florins.

Being remote from the sphere of his former life, I can of course give only such details as I learn from Berry himself, and from his lawyer, Mr. Hamlin. A more reliable and extended statement concerning the antecedents of the party in question our consul at Basle might submit to you. The report of the authorities of Basle, which I showed him in pursuance of your request, Berry pronounces false in some particulars, as before said.

I have, sir, the honor to be, very respectfully, your obedient servant,

Mr. Wolff to Mr. Harrington.

Dear Sir: On May 22d, I asked the burgomaster for Berry’s letter, kept by the police director and not delivered to me.

On the 23d, I received an answer that the letter in question was in the hands of the police director, and I was referred to him.

On May the 25th, I requested the police director for that letter.

To-day, at 4 o’clock, the letter of Berry was delivered to me; I inclose you herewith the original. By this letter you will see that he claims to be an American citizen, and refers to his naturalization papers.

Very respectfully, &c.,

Mr. Berry to Mr. Wolff, United States consul, Basle.

Honored Sir: I have to apply to you. My trustee, Dr. Staehlin, has had me arrested and put into prison to-day, intending to keep me here until the city council shall make a further decision.

Being a naturalized citizen of the United States, as you know already by papers exhibited to you, I should like very much to see you to discuss the matter over with you, and hope that you comply with my wishes.

Very respectfully, &c.,

CH. BERRY.

N. B.—Received from the police director on the 29th of May, 1868.