Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 2, 1902

Mr. de Margerie to Mr. Hay.

[Translation.]

Embassy of France,
Washington, August 28, 1902.

Mr. Secretary of State: The Evening Star of the 26th instant published the herewith inclosed item, dated in San Francisco, to which I have the honor of drawing your attention.

As you will see from its perusal, the Federal courts in that city have, on the occasion of the enforcement of Articles VIII and IX of the Franco-American consular convention of 1853, for which the consul-general of France deemed it his duty to solicit the cooperation of the authorities, been applied to with a view of securing from them a judgment declaring the said consular convention to be unconstitutional.

I need not recall at this time, Mr. Secretary of State, the many letters in which the embassy recited the difficulties encountered by the consul-general of France at San Francisco and other points on the Pacific coast visited by French sailing vessels, in obtaining the enforcement of the provisions of the said consular convention or in preventing their violation.

The incident now reported by the press affords additional proof that no great improvement in the situation has taken place since the time when I had the honor of bringing the matter to your knowledge, and since the Department, more than a year ago, was good enough to promise to the embassy its full cooperation for the observance of the treaty under consideration, I am fain to hope that it will see to it that the perfect validity of a consular convention, of nearly half a century’s standing, be vindicated in the courts by the proper person, and would be infinitely thankful if you would acquaint me with the steps you will have been pleased to direct in the matter.

Be pleased to accept, etc.,

P. de Margerie.

[Inclosure.]

Clipping from the Evening Star, Washington, August 26, 1902.

San Francisco, August 26.

The United States courts have been called upon to determine the constitutionality of certain provisions of the treaty between this country and France, proclaimed August 12, 1853. The issue has arisen out of the imprisonment of Francois Leberne, a French sailor, by Chief of Police Wittman, in compliance with the request of French Consul-General Henry D’Allemagne, who invoked as authority a clause of the treaty named, which confers exclusive jurisdiction over French merchant vessels on French consular officers.

Ex Governor James H. Budd, at the request of the Sailors’ Union, applied to Judge De Haven in the United States district court for a writ of habeas corpus for Leberne, on the main issue that the treaty under which he has been arrested and is now confined is contrary to the Constitution of the United States. The writ was granted and made returnable to-morrow morning.