Mr. Seward to Mr. Bigelow

No. 452.]

Sir: Your despatch of April 10, No. 299, has been received. It is accompanied by a copy of a note which was addressed to you, on the 27th of March last, by Mr. Drouyn de Lhuys, on the subject of a proposed distribution, by the United States consul at Marseilles, of copies of a publication entitled “Laws (of Congress) for encouraging immigration and protection of passengers,” &c.

Your despatch is accompanied further by a copy of your reply to that communication, and by various documents which illustrate the subject of the correspondence. Your reply is approved.

Mr. Drouyn de Lhuys very rightly observes that the proceeding of the consul, in addressing the municipal authorities at Marseilles, was irregular, and that propriety required that he should give you information of the doubts which influenced him in opening this correspondence. On the other hand, it is very clear that the error committed by the consul was inadvertent, and entirely consistent with a just respect for the French government. We are under obligation of law and courtesy to refer the matter of emigration to the laws of France.

It appears, from the communication of Mr. Drouyn de Lhuys, that the Emperor thinks it would be inconvenient to authorize the distribution of publications, by the consuls of the United States, designed to show the advantages which our country offers to emigrants.

It does not so distinctly appear, from Mr. Drouyn de Lhuys’s communication, that the laws of France authorize the government to disallow such publication. He may well, however, have understood it was unnecessary to make any statement upon that point to you, in view of your familiarity with the laws of the empire. You will, of course, inform yourself of that fact, and you will direct the consuls within the empire to refrain from any proceeding or measure, in this respect, which is objected to by the French government, in conformity with the constitution and laws of France.

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The bureau of immigration here will be apprised of the instructions given to you in this despatch, and may be expected to act accordingly.

You may communicate the views herein expressed to Mr. Drouyn de Lhuys.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

John Bigelow, Esq., &c., &c., &c.