I send herewith, for your information, a translation of the remarks of Mr.
Raoul Duval and of the answer made to him by the Duke Decazes.
[Inclosure 1 in No.
1192.—Translation.]
Extract of proceedings of the National Assembly,
July 29, 1875.
The President. Mr. Raoul Duval has the floor to
put a question to the minister of foreign affairs.
Mr. Roaul Duval. In accordance with an
understanding with the minister of foreign affairs, I desire, in the
interest of our countrymen who reside in the United States of America,
to put to him a question, which, with the permission of the Assembly, I
Avill explain in a very few words.
During the war of secession which desolated the United States, the
property of a number of our countrymen was injured by acts of war, both
by the army of the Northern States and the army of the States in
rebellion.
Since that time numerous claims have been presented by our countrymen,
both to the French legation in the United States, and directly to the
minister of foreign affairs. If I am correctly informed, they amount to
from four to five millions of dollars, i. e.,
twenty to twenty-five millions of francs.
A part of the claims of our countrymen have been amply satisfied, after
being submitted
[Page 473]
to the
tribunal in the United States which has a special jurisdiction in such
cases, the Court of Claims, but the greater part of these claims have
been declared incompetent.
Since that time the most of the other European nations have obtained from
the Government of the United States a settlement of the indemnity due to
their subjects. Last year, in December, 1874, the President of the
United States, in his message to Congress, called the attention of
Congress to the facts which I have stated, and to the possibility of
providing a remedy. He asked Congress to pass a bill creating a court of
special jurisdiction charged with the settlement of these claims.
The whole session of 1874–’75 went by, the bill was not presented, and
the interests of our countrymen are still suffering.
I have received a claim, signed by a great number of our countrymen,
which I have the honor to lay on the table of the Assembly, and which is
at the disposition of the minister of foreign affairs. I will be much
obliged if he will tell us whether he finds this claim worthy of his
attention. At the time of the discussion of the budget of the department
of foreign affairs, I was not able, in the absence of the minister, to
call his attention to it. We hope that he will inform us whether he
thinks he will be able to effect a settlement of the interests in
question.
The Duke Decazes, minister of
foreign affairs. I thank the honorable Mr. Raoul Duval for the
opportunity which he has furnished me for stating and proving the
solicitude with which the department of foreign affairs has cared for
those of our fellow-countrymen who suffered in their persons or in their
property during the war of secession.
The question has been stated by our honorable colleague, gentlemen, with
such clearness and correctness that, in truth, I have nothing to add to
what he has said.
I will, however, make a single observation. It has been intimated at this
tribune that, without regard to the French claimants, claims of
foreigners have been satisfied upon privileged conditions. I believe I
can state that that is an error. Those foreign claimants who have
received satisfaction had applied, like our own, to the Court of Claims,
which was, at the beginning, very willing to assist us; and since the
Court of Claims has declined to take jurisdiction, or the foreign
claimants have ceased to apply to it, I know of no case where foreign
claims have been admitted or settled. It was in consequence of this that
the various foreign governments agreed in the demands to be made upon
the Government of the United States. They did not pretend to press upon
it, through their diplomatic agents, the claims of their respective
subjects and their liquidation, hut to come to an agreement with it in
regard to the mode of procedure in these cases, and the jurisdiction to
he established. In this order of ideas, the first question was in regard
to the creation of a mixed commission, which should take cognizance of
these claims in principle and in fact.
This project has been abandoned, and I believe that you, like us, will
congratulate yourselves that it has been. Instead of this first project,
the creation of a special tribunal has been substituted, upon which
Congress shall confer power to satisfy all claims which can be proven to
be well founded. The Government of the United States, which had in 1869
proposed to us this mode of investigation and settlement, did not
hesitate on the 1st of December, 1873, if I am not mistaken, to propose
to Congress a bill providing for the creation of this tribunal and
conferring jurisdiction.
During the session of 1874, Congress could not take up this question. In
December last, the President, with a solicitude to which I desire to
call the attention of the Assembly, renewed his recommendations in terms
which it is well that the French Assembly should know.
The President said, in effect: “I renew my recommendation, made at the
opening of the last session of Congress, that a special court be created
to hear and determine all claims of aliens against the United States
arising from acts committed against their persons or property during the
insurrection. It appears equitable that opportunity should be offered to
citizens of other states to present their claims to the early decision
of some competent tribunal. To this end I recommend the necessary
legislation to organize a court to dispose of all claims of aliens of
the nature referred to in an equitable and satisfactory manner, and to
relieve Congress and the Departments from the consideration of these
questions.”
You see, gentlemen, with what loyalty the President of the United States
gave the most complete satisfaction, in principle, to our claims, and
you see, too, with what stress he again presses upon Congress the
creation, almost immediately, of the tribunal which we desire and
await.
Delays have arisen, gentlemen, that are to be regretted. Congress has
taken no action since the commencement of this year on the bill which
was before it last session, but you can be assured, both of the care
which the French government will take to recall the attention of the
American Cabinet to the engagements which it entered into with France
and the States themselves, and of the loyalty with which, as you know in
advance, the Government of the United States will listen to our just
claims. [“Very good!” “Very good!”]
