Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880

No. 229.
Mr. Noyes to Mr. Evarts.

Legation of the United States,
Paris, March 12, 1880. (Received March 26.)

No. 316.]

Sir: Referring to your instruction No. 212, of date February 24, 1880, to inform the State Department whether any Commune or German war claims on behalf of American citizens had been adjusted with the official knowledge or intervention of this legation, and Suggesting that inquiry might be made of the minister of foreign affairs on the subject, I have the honor to report that, after search through the records of the legation, I find only one application of a claimant made through the American minister, Mr. Washburne, which was by a Mr. Miltz, for property damaged by the Garde Mobile during the siege of Paris, to which Count de Remusat, then minister of foreign affairs, replied, September 25, 1872, that the laws according such indemnities made no distinction between foreigners and French citizens, and that if Mr. Miltz had presented proof of his claim before the proper authority in due time he would have received compensation like all others, but that it was then too late.

Upon causing personal inquiry to be made at the foreign office, I learn that they have no document showing the nationality of the persons to whom compensation was allowed for such damages, no proof of nationality having been required of applicants, and that to make such a research as was suggested through the records of the foreign office and other departments would be a long task, involving much labor, and would probably be fruitless. Mr. Billot, sub-director of the department of claims, remarked that it was a fact notorious at the time that no distinction was made between French and foreigners, and he pointed out a circular of the minister of the interior, addressed to the prefects, dated December 12, 1871 (see Bulletin Official du Ministére de l’Intérieur, 1871, pages 644–652), explaining and applying the law of September 6, 1871, which provided for the payment of damages to all those who had suffered by the acts of the French or German armies. Commissions were organized in the cantons throughout France, and it was before these commissions that claims were everywhere presented to be adjudged. They were not presented through the legations or embassies.

I inclose copies of the dispatch of Mr. Remusat referred to and translation thereof

I have, &c.,

EDWARD F. NOYES.

[Inclosure in No. 316.—Translation.]

Mr. Remusat to Mr. Washburne.

Versailles, September 25, 1872.

Sir: You did me the honor to write in regard to Mr. Miltz, whose property was damaged by the Garde Mobile during the siege of Paris.

The National Assembly passed two laws in relation to the indemnity to be granted to the victims of the war; one of date June 15, 1871, relates to requisitions made upon private individuals and payments in kind, which they were constrained to furnish to the French troops. The second law, of September 6 of the same year, appropriated the sum of 100,000,000 francs to be distributed among those who suffered damages resulting from the war.

Mr. Miltz ought to have presented his claim in due time before the competent authority in order to have it included, if there was just reason therefor, in the category of indemnities recognized by the law. In fact, no distinction was established between natives and foreigners, the latter having no other formalities to comply with than those which were required from Frenchmen, and Mr. Miltz has only himself to blame for having allowed delays to run after the expiration of which such claims incurred forfeiture.

Accept, &c.,

REMUSAT.