not been guilty of any real crime. I was met, on the part of Mr. Le Coq, with the most friendly assurances. I have handed him a copy of Mr. Brand's letter. I have great confidence that if Mr. Brand is not at once released from his confinement by the local authorities at Mr. Bates's instance, he will be released as soon as the government here can inform itself of the facts, provided the case is one which may admit of its favorable interposition. Whatever facts or information may be received from Mr. Bates will be promptly laid before the minister. My desire being first of all to procure this man's release, if that be possible, and knowing very well how a formal correspondence (at least, it would be so here,) tends to defeat the object where one wishes to reach a particular result in the shortest time, I have purposely avoided that course in this case. In the end a correspondence may be resorted to, if the case, when all the facts shall be disclosed, seems to require it, whether the man be released or not. I have the honor to be, with the highest respect, your obedient servant, Hon. DANIEL WEBSTER, D. D. BARNARD. Secretary of State. Mr. Bates to Mr. Barnard. CONSULATE OF THE UNITED STATES, SIR: I have just received the letter from Coblentz, a copy of which is inclosed herein. I have replied, acknowledging its receipt, and requesting the writer to send me his passport, if possible, and to state when he first went to the United States, how long he remained there, and when and where he was naturalized. If he turns out to be an "American citizen," what shall I do in the matter? Very respectfully, your obedient servant, J. C. BATES, United States Consul. His Excellency D. D. BARNARD, &c., &c., &c. Mr. Brand to Mr. Bates. [Translation.] COBLENTZ, July 16, 1851. On the 16th April, last year, I took from the authorities of New York a passport, and also an authenticated copy of my naturalization certificate. On the next day, the 17th, I sailed from New York, and in fifty-one days came by sailing vessel to London. There I stopped a while; made a visit on business to Ireland; thence back to England, where I remained some months; and then, partly on business, partly on family matters, traveled to Germany. Nearly five weeks I was in the neighborhood around Coblentz, and on the third day of my being here, at 11 o'clock at night, I was sought at my dwelling by a police sergeant, asking for my papers, which I showed him, the which he could not read, being written in English, so he took me with him to the guard-house. Arrived here, all my effects were examined, one traveling bag, fifteen dollars, four rings, and some body linen besides, taken, whilst the rest which I had gathered in my travels I had forwarded to Liverpool. The day after the arrest I was carried before the police authorities for examination. I asked what was my offense. The official answered me I had been guilty of the offense of sending off emigrants, which is forbidden by law here. Thereupon I denounced this as the grossest untruth, and moreover called for proof; so I was remanded to confinement, and after three days taken before the public prosecutor, when not a word was said about the beforementioned offense, but a commitment was made out for a term of eight days, with a remark that vagrancy was charged; and in this way was I robbed of my liberty, despite of my papers and passport. In no respect have I been shown to be an offender or culprit, as has now been said. I assert that I cannot understand the reason of this proceeding against me, and I make humble petition to your excellency as guardian and upholder of our laws, promptly to effect my liberation from this disagreeable situation, and not only help me to the recovery of my lost liberty, but to follow up all the state of facts, and especially on the foundation of the American laws, which must protect me as a citizen of the United States in a foreign country, to take all proper steps in my behalf. In the hope of early aid, I subscribe myself, with respectful esteem, Hon. Mr. J. C. BATES, Consul of the United States of North America for the Rhenish Provinces. I have also received your letter of July 19, with an inclosure in reference to the arrest and imprisonment at Coblentz of a person claiming to be an American citizen. If this man is really innocent of any offense, his arrest and imprisonment is a great outrage; and if he is an American citizen, as well as an innocent man, upon the facts being made known to me, I should deem it my duty to make it the subject of a grave complaint to the government. But the first thing to be done is to get the man out of confinement, if that be possible. If you have received his passport and papers, you will know if he is a citizen of the United States. If you find he is so, I wish you would ask from the authorities at Coblentz for his immediate release from confinement, on the ground of his citizenship, and in case of refusal, that they would furnish you at once with the grounds of accusation against him, and of his imprisonment, in order that, being communicated to this legation, the matter may be laid before the government at Berlin, or such action taken upon it as the case may seem to demand. If nothing is laid to this man's charge other than what is alleged in his letter, there is certainly very insufficient ground for his imprisonment. If he is an agent soliciting emigration, for purposes of his own, or in behalf of others in whose employ he may be, or if he be a vagabond, as he says they accuse him of being, these are hardly crimes for which he should be subjected to punishment by the Prussian authorities. They might send him out of their territories, if they think his stay here dangerous to the morals or the quiet of the country. I ardently hope you may be able to effect Mr. Brand's release, and that without any further reference of the matter to this legation. With great respect, your obedient servant, J. C. BATES, Esq., Consul, &c. D. D. BARNARD. * * * [Extract.] CONSULATE OF THE UNITED STATES, * * * * SIR: Your letter of the 22d instant was received yesterday. I have heard nothing from Mr. Brand, in reply to my letter, and this morning wrote to the procureur du roi at Coblentz, requesting him to send, for my inspection, Mr. Brand's passport and papers, that I might determine whether he was really a citizen of the United States. You shall be duly advised of the course of events. I am, sir, very respectfully, &c., His Excellency D. D. BARNARD, &c. Ex. Doc. 38-2 J. C. BATES. I have to inclose another case growing out of the same question: Mr. Gustavus Behne addressed a note to Mr. Barnard, under date of April 10, 1852. Not distinguishable from a private letter, it followed him to Naples, whence I have just received it. Annexed is the copy of a note addressed by me to Baron Manteuffel, which, with its accompanying inclosure, states the case. Mr. Behne declares he was not born in Prussia at all. This may possibly procure for him a favorable reply. I have little hope of success in the application of Mr. Leopold. I have the honor to be, with the highest consideration, your obedient servant, Hon. DANIEL WEBSTER, THEO. S. FAY. Secretary of State. Mr. Fay to Baron Manteuffel. LEGATION UNITED STATES, Berlin, May 13, 1852. MONSIEUR LE BARON: Mr. Gustavus A. E. Behne had addressed to Mr. Barnard a note, extracts from which I have the honor to inclose. He declares himself an American citizen, not born in Prussia at all. About July or August, 1840, he received a summons at Dusseldorf to enter the Prussian army, with the information that the Prussian government regarded him as a Prussian subject because his father was a Prussian subject. Alarmed by an attempt to arrest him, he left for America, whence he returned last September. He is now living at Brussels, waiting the answer to his request for permission to remain some time in Prussia, without being called upon to satisfy the conscription. I have the honor to lay this case before your excellency, with the certainty that, if no valid objections be found to exist, I shall be able to communicate a favorable reply. I profit by the occasion to renew to your excellency the assurance of my very high consideration. THEO. S. FAY. His Excellency BARON VON MANTEUFFEL, &c., &c., &c. Mr. Behne to Mr. Barnard. [Extracts,] * * BRUSSELS, April 10, 1852. DEAR SIR: I take the liberty to address you in a matter of great importance to me, for the determination of which I ask your aid. October, 1849, I went to Germany and chose Dusseldorf for the place of my studies. At my arrival there I received what they call a "aujenthaltskarte," which said that Mr. So and so, American citizen, had the permission to remain at Dusseldorf a year. At the end of July or beginning of August I received summons from the Prussian government to enter the army. I sent that invitation back, answered in the negative. A few days afterwards I went to the director of the police, with whom I was very well acquainted, to learn from him the reason of this strange procedure. He told me that the Prussian government looked upon me as a Prussian subject, "because my father had been a Prussian subject, and had, when he left for America, taken only a passport, instead of a certificate of emigration." I replied, and told him to take notice of it, that my father was American citizen since six years; that, at the time of his departure, he was not any more Prussian citizen; that I was American citizen, and acknowledged as such by his own government; that I was, furthermore, not born in Prussia; and that Prussia had no claims whatever on me. * * * * * * A week afterwards I left Dusseldorf to visit some friends in Province of Saxony, Prussia, and received while there a letter from a friend who lived with me, informing me that two gen d'armes had been at my rooms to arrest me. He gave me the advice to leave, without delay, the continent, likewise my friends and relations, and I was foolish enough to give way. Arrived at Bremen, I went to see Mr. King, American consul. I left the 10th of September, 1851, New York for Europe; however, without intention to remain any length of time in Prussia, or, in that case, I should have had my affairs arranged before I left. Now, however, I find it of greater advantage to me to study in Germany than in Paris. I have stayed the last six months here in Brussels, and would like to leave as soon as possible. Have, therefore, the kindness, sir, to give me your ideas about the subject; and, if convenient, ask the Prussian minister for an explication of the procedure against me. I hope you will succeed in arranging the matter for me, and beg your pardon for the trouble which I cause you. I am, sir, most respectfully, Hon. D. D. BARNARD, &c., &c., &c. G. BEHNE. |