No. 88.

Mr. Fish to Mr. Washburne

No. 211.]

Sir: I inclose herewith a copy of a dispatch of the 5th ultimo, and of its accompaniments, addressed to this Department by Mr. John de la Montagnie, United States consul at Boulogne, in relation to the expense incurred by him in subsisting French soldiers, by order of the authorities at that place.

You are instructed to bring this matter to the notice of the French government, and to request that proper steps may be taken for the repayment to the consul of the amount thus expended by him.

You will observe from the letter of the mayor of Boulogne to the consul, that he disclaims the right of subjecting the consul of the United States to the tax for the support of soldiers. The act really seems to have been that of billeting soldiers upon the consul, and, as such, is in direct contravention of the 2d article of the convention of 23d February, 1853.

The mayor, in his letter of 15th October, assimilates the position of [Page 273] the American consul to that of certain other consuls, who by custom of previous years have not been subjected to this imposition.

The action of the mayor relieves the present case from any serious aspects, and this Government is indisposed at the present time to dwell upon irregularities in this regard which may have occurred.

But you will call the attention of the minister for foreign affairs to the violation of the immunities of the consul, which have thus been invaded, and say that the exemption admitted to attach to the consul at Boulogne, exists in the opinion of this Government, by virtue of the convention of 1853, and cannot be accepted by reason of any special custom with regard to the consuls of other nations.

I am, &c.,

HAMILTON FISH.