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In reply I have the honor to inform you that I cannot yet definitely answer your communication, for the reason that it cannot be known whetber this country will be represented at the proposed Conference until the appropriation bills now pending in Congress shall have been acted upon.

Assuring you that the matter will receive my early attention, I beg you to accept, sir, a renewed assurance of my highest consideration.

FRED'K T. FRELINGHUYSEN. Mr. THEODORE ROUSTAN.

No. 17.

Mr. Frelinghuysen to Mr. Roustan.

DEPARTMENT OF STATE,

Washington, December 29, 1882. SIR: I have the honor to suggest that now that the ratifications of the convention of the 19th of July last, between the United States of Amer. ica and France, have been duly exchanged, it would be proper that the two Governments interested should communicate to His Majesty the Emperor of Brazil their desire to have the services of Baron d'Arinos as third commissioner continued for the term for which the Commission has been extended by the treaty in question.

I therefore submit herewith for your consideration a form of an identic note on the subject to be addressed by the respective diplomatic representatives of the United States of America and France, at Rio Janeiro, to the Brazilian minister of foreign affairs. Accept, &c.,

FRED'K T. FRELINGHUYSEN.

(Inclosure.]

Form of identic note.

LEGATION OF Rio JANEIRO, 1883. Minister of Foreign Affairs of Brazil :

SIR: At the instance of my Government I have the honor to inform you that the 28th December, 1882, the ratifications were duly exchanged of a supplementary convention concluded on the 19th of July, 1882, between the United States of America and the French Republic, extending the term of the duration of the Commission organized under the convention of January 15, 1880, for the settlement of the claims of the citizens of either country against the Government of the other.

By this supplementary convention the term of the Commission is prolonged until the first of July, 1883, subject to be still further extended by any interruption caused by the absence or disability of any of the commissioners for a period not exceeding, in any event, three months.

I have the honor to inform you that in view of the conclusion of this supplementary convention, my Government has instructed me to express to His Majesty the Emperor of Brazil, its earnest desire for a continuation of the acceptable services of Baron d'Arinos as commissioner for the remainder of the term of the Commission as extended by the supplementary convention in question.

H. Ex. 235–42

No. 18.

[Translation.

Mr. Roustan to Mr. Frelinghuysen.

LEGATION OF FRANCE IN THE UNITED STATES,

. Washington, January 3, 1883. Mr. SECRETARY OF STATE:

You did me the bonor, on the 29th of December last, to send me the draft of an identical note which the Federal Government proposes to address, in conjunction with the French Government, to His Majesty the Emperor of Brazil, requesting him to give Baron d'Arinos, third commissioner of the Commission appointed for the settlement of French and American claims, the powers which he needs in order to be enabled to discharge his functions until July 3, 1883, which is the term fixed by the supplementary convention of extension recently concluded by the Government of the United States and that of the French Republic.

I at once submitted this draft to the minister of foreign affairs at Paris, and I feel convinced that after he shall have taken cognizance thereof he will not fail to instruct the minister of France at Rio Janeiro to communicate that document to the minister of foreign affairs of Brazil, after having come to an understanding with the diplomatic representative of the United States Government.

Be pleased to accept, Mr. Secretary of State, the assurances of my very high consideration.

TH. ROUSTAN. Hon. F. T. FRELINGHUYSEN.

No. 19.

| Telegram.!

Mr. Roustan to Mr. Frelinghuysen.

LEGATION OF FRANCE IN THE UNITED STATES,

Washington, February 5, 1883. The MINISTER OF FOREIGN AFFAIRS at Paris

To Mr. Roustan, Minister of the French Republic at Washington : M. de Geofroy announces to me, in conjunction with his colleagues, that it is absolutely necessary that the powers of the Commission of Indemnities be again extended, in order that it may be able to accomplish its task. The Washington Cabinet accepts March 1 as the date of this second extension. It is, moreover, necessary that an understanding be reached, in view of the speedy termination of the session of Congress. In this state of things, I hereby authorize you to sign, with the Government of the United States, a convention fixing the 1st of March, 1884, as the date of the termination of the labors of the Commission. Your full powers will be sent to you by the next mail. Be pleased to advise M. Geofroy. I certify the foregoing to be a correct copy.

TH. ROUSTAN,

Minister of France.

No. 20.
Mr. Frelinghuysen to Mr. Roustan.

DEPARTMENT OF STATE,

Washington, February 24, 1883.. SIR: I have the honor to inform you that the Senate of the United States has consented to the ratification of the convention concluded on the 8tb instant, for extending the term of the French and American Claims Commission, with the following amendment, viz:

Article I, paragraph 3, after tbe word “death,” at the end of line 2, insert the word "or," and in lines 3 and 4 strike out the words “retirement or cessation of the functions."

Requesting you to do me the favor of advising me at your earliest sonvenience as to the views of your Government in regard to the proposed amendments, I beg you to accept, sir, a renewed assurrance of my highest consideration.

FRED'K T. FRELINGHUYSEN. Mr. THEODORE ROUSTAN.

No. 21.

[Translation.)
Mr. Roustan to Mr. Frelinghuysen.

LEGATION OF FRANCE IN THE UNITED STATES,

Washington, March 7, 1883. Mr. SECRETARY OF STATE:

The note which you did me the honor to address to me on the 29th of December last contained a draft of an identical note which your Gor. ernment proposed should be sent simultaneously, by the representatives of the United States and of France at Rio Janeiro, to the Brazilian minister of foreign affairs, for the purpose of requesting the Emperor Dom Pedro to be pleased to allow Baron d’Arinos, the third commissioner, to continue his services to the French An erican Claims Commission for the term for which that Commission has been extended by treaty.

I have the honor to inform you that the Government of the French Republic has acted upon your suggestion, and that it has sent the note, of which a copy is inclosed, to the Brazilian Government.

Be pleased to accept, Mr. Secretary of State, the assurances of my very high consideration.

TH. ROUSTAN Hon. FREDERICK T. FRELINGHUYSEN,

Secretary of State of the United States, Washington.

(Inclosure.)

The MINISTER of the French Republic at Rio de Janeiro

To his Excellency the MINISTER OF FOREIGN AFFAIRS of Brazil: SIR: In pursuance of instructions received from my Government, I bave the honor to inform you that, on the 28th of December, 1882, the ratifications were exchanged of an additional convention which was concluded on the 19th of July, 1882, between

the United States of America and the French Republic, for the purpose of extending the period of service of the Commission appointed in pursuance of the convention of January 15, 1880, for the settlement of certain claims of the two nations. This additional convention extends the term of the Commission until July 1, 1883, which term may be extended in consequence of any interruption resulting from the absence or inability to act of one of the commissioners, but for a period which, according to the original treaty, is in no case to exceed three months.

Owing to the conclusion of this additional convention, my Government has instructed me to express to His Majesty the Emperor of Brazil its earnest hope that the highly esteen ed services of Baron d’Arinos as third commissioner may be continued during the time which the Commission has been extended.

No. 22.

Translation.)

Mr. Roustan to Mr. Frelinghuysen.

LEGATION OF FRANCE IN THE UNITED STATES,

Washington, May 16, 1883. Mr. SECRETARY OF STATE:

I have just received a dispatch from the ministry of foreign relations which directs me to inform the Government of the United States that M. Albert Lefaivre, consul-general of France at New York, has been appointed commissioner of the French Government for the French American Claims Commission in the place of Mr. de Geofroy.

Mr. Challemel Lacour adds that Mr. Lefaivre has received orders to be in Washington on Monday next, the 21st of this month.

I hasten to acquaint you with this information.

Accept, Mr. Secretary of State, the assurances of my very high con. sideration.

THEO. ROUSTAN. Hon. FREDERICK T. FRELINGHUYSEN,

Secretary of State of the United States, Washington, D. C.

No. 23.

Mr. Daris to Mr. Roustan.

DEPARTMENT OF STATE,

Washington, May 19, 1883. SIR: In acknowledging the receipt of your note of the 16th instant, informing this Department of the appointment of Mr. Albert Lefaivre as commissioner of your Government on the French and American Claims commission in place of Mr. de Geofroy, I have to express the regret with which this Department, owing to the very agreeable official and personal relations he has so long sustained with it, has learned of his intended departure. Accept, sir, &c.,

JOHN DAVIS,

Acting Secretary. Mr. THEODORE ROUSTAN, &c.

No. 24.

Mr. Frelinghuysen to Mr. Denaut.

DEPARTMENT OF STATE,

Washington, December 27, 1883. SIR: I have the honor again to refer to the claims pending before the French and American Claims Commission in regard to which correspondence has taken place between Mr. Outrey, Mr. Roustan, and this Department, and which I bold to fall within the principle agreed to by the two Governments in the case of Isaac Taylor against the Republic of France, pursuant to which the cases of Taylor and others were withdrawn from the Commission by this Government, and various cases against the United States were afterwards withdrawn by the agent of France. The case of G. A. Le More & Co. vs. The United States, No. 211 on the docket of the Commission, is founded upon the following facts:

The claimants allege that they owned a large number of bales of cotton, situated in Louisiana, which were seized by the fleet under Admiral Porter and taken to Cairo. Thereafter judicial proceedings were begun in the district court of the United States, and the case was carried on appeal to its ultimate resort in the Supreme Court of the United States, the decision in each instance being adverse to the interests of the Messrs. Le More.

While the proceeding was in the nature of an action in rem, it is a well-known fact, and appears in the records of this Department and of the court, that the claimants were represented by counsel at every stage.

While the case was still pending, the representatives of the French Government in Washington, and the Messrs. Le More directly, endeavored to obtain a consideration of their claim by this Department. This request was uniformly declined, and it was held that the claimants should first exhaust their legal remedies before appealing to diplomatic action. After the case had been decided in the Supreme Court, a motion for a rehearing was made by the claimant's counsel on the ground of an alleged error in the record prejudicial to the claimant's rights, which motion was refused; and a subsequent request having been made to this Department to reconsider the case diplomatically on the ground of a failure of justice to the parties, an adverse decision was rendered, as nothing was found in the proceedings authorizing a recourse to the executive branch of the Government.

This claim, therefore, does not differ in principle from that of Taylor, and, in fact, it appears even more clearly to have been finally disposed of judicially by competent authority.

The claim of Mr. Taylor was founded upon the seizure by a French cruiser of petroleum owned by him, laden upon a German vessel called the Magdalena, and Mr. Outrey, in his note of November 18, 1881,

says:

This case having been decided in France by the prize court, and afterwards, on appeal, by the couucil of State, the agent of the French Government before the Commission has invoked the stipulations of Article II of the convention of January 15, 1800, requesting the agent of the United States Government to withdraw it before action in the case is taken by the Commission.

And, further: In investing the Commission with absolute powers and in according to its decisions a character of finality from which there is no appeal, the two Governments intended

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