convention between the United States and the Swiss Confederation,
concluded and signed at Berne on the 25th day of November last by Mr. A.
Dudley Mann on the part of the United States and by Messrs. Druey and
Frey-Herosee on the part of the Swiss Confederation. I communicate at
the same time a copy of the instructions under which Mr. Mann acted and
his dispatch of the 30th November last, explanatory of the articles of
the convention.

In submitting this convention to the consideration of the Senate I
feel it my duty to invite its special attention to the first and
fifth articles. These articles appear to contain provisions quite
objectionable, if, indeed, they can be considered as properly embraced
in the treaty-making power.

The second clause of the first article is in these words:

In the United States of America citizens of Switzerland shall be
received and treated in each State upon the same footing and upon the
same conditions as citizens of the United States born in or belonging to
other States of the Union.

It is well known that according to the Constitution of the United States
a citizen of one State may hold lands in any other State; and States
have, sometimes by general, sometimes by special, laws, removed the
disabilities attaching to foreigners not naturalized in regard to the
holding of land. But this is not supposed to be a power properly to be
exercised by the President and Senate in concluding and ratifying a
treaty with a foreign state. The authority naturally belongs to the
State within whose limits the land may lie. The naturalization of
foreigners is provided for by the laws of the United States, in
pursuance of the provision of the Constitution; but when, under the
operation of these laws, foreigners become citizens of the United
States, all would seem to be done which it is in the power of this
Government to do to enable foreigners to hold land. The clause referred
to, therefore, appears to me inadmissible.

The fourth clause of the same article provides, among other things, that
citizens of Switzerland may, within the United States, acquire, possess,
and alienate personal and real estate, and the fifth article grants them
the power of disposing of their real estate, which, perhaps, would be no
otherwise objectionable, if it stood by itself, than as it would seem to
imply a power to hold that of which they are permitted to dispose.

These objections, perhaps, may be removed by str