was being carried out when the major general intervened. The United States can have no interest in the coin, except upon the ground of forfeiture, and for that there was not at the time, nor is there now, the slightest pretence. If it be alleged, as matter of suspicion, (the proof is all the other way,) that the purpose of the bank was to place so much of its funds beyond the control of the United States, that, if true, would be no cause of forfeiture, there being no law, State or congressional, to prohibit it. If it be alleged that the purpose was to place the fund in Europe for the advantage of the rebels, the answer is, there is not only no proof of the fact, but the proof actually before me wholly conflicts with it.

The detention of the fund has already caused serious loss to the claimants, Messrs. Dupasseur & Co., (for they are both sufferers,) and I am clear, therefore, in the opinion that it should be restored at the earliest moment. Whether

the restoration should be made to the bank or to Dupasseur & Co., is a matter between themselves, with which the United States have no concern; and, as will be seen by the deposition of the president of the bank, the bank desires the return to be made to Messrs. Dupasseur & Co.

I have the honor to be, with high regard, your obedient servant,

Hon. WILLIAM H. SEWARD,

REVERDY JOHNSON.

Secretary of State, Washington, D. C.

Mr. Seward to Viscount Treilhard.

DEPARTMENT OF STATE,

Washington, August 27, 1862.

SIR: Referring to your note of the 12th instant, relative to the issuing of orders for the purpose of facilitating communications between the French legation here and the consulate of France at Richmond, and to my reply, I now have the honor to enclose to you the copy of a letter of the 23d of this month from the War Department on the subject, from which it would seem that it is not thought practicable or proper, at the present time, to exchange the mails as proposed by your note.

I avail myself of this opportunity to renew to you, sir, the assurance of my high consideration.

F. W. SEWARD, Acting Secretary.

The Viscount TREILHARD, &c., &c., &c.

Mr. Watson to Mr. Seward.

WAR DEPARTMENT,

Washington City, D. C., August 23, 1862.

SIR: I have the honor, by direction of the Secretary of War, to acknowledge the receipt of your communication of the 13th instant, enclosing the translation of a note from Viscount Treilhard, relative to the interchange of communications between the French legation here and the consulate of France at Richmond, and requesting a favorable attention thereto.

In reply the Secretary instructs me respectfully to state that, on reference to the general-in-chief, he reports that he does not think it would be practicable or proper, at the present time, to exchange the mails as proposed.

With great respect, your

obedient servant,

P. H. WATSON, Assistant Secretary of War.

Hon. WILLIAM H. SEWARD,

Secretary of State.

Viscount Treilhard to Mr. Seward.

[Translation.]

LEGATION OF FRANCE IN THE UNITED STATES,

Washington, August 29, 1862.

SIR: I have had the honor to address to you heretofore verbal remarks in regard to certain acts which have marked the beginning of the administration of General Butler at New Orleans. I cannot leave you without a knowledge of how those acts have been estimated by the Emperor's government; and I consequently have the honor of communicating herewith to you an extract from a despatch of Mr. Thouvenel on this subject. I doubt not that the federal government, which has, in a spirit of lofty justice, instituted the mission of the honorable Mr. Reverdy Johnson at New Orleans, will receive in the same spirit observations relative to acts of domestic administration, of which the French residents at New Orleans may have justly complained.

I embrace this opportunity to renew to you, sir, the assurances of my high consideration.

For the minister, and by authority:

Hon. WILLIAM H. SEWARD,

VTE. JULES TREILHARD,

First Secretary of the Legation.

Secretary of State.

Extract of a despatch from Mr. Thouvenel to Mr. Mercier.

[Translation.]

It would be a subject of much regret if the federal government were to regard now otherwise than it seemed to do at first the acts of General Butler; and if the sending of Mr. Reverdy Johnson to New Orleans should not have the results which we expected from it, I cannot suppose that the cabinet at Washington will refuse to admit how just and natural are the remarks which you have already addressed to it in regard to the situation in which General Butler's administration was calculated to place our countrymen and other foreign residents. It is not a question, in fact, of treating them as privileged, but merely of taking into equitable account the difference of position. We assuredly do not intend to investigate whether the federal government is right or wrong in subjecting the communities which it places again under its authority to impositions of war or to fines, with a view of punishing them for their previous attitude. What we limit ourselves to asking is, that these measures of reprisal may not reach our countrymen, who are only armed for the maintenance of public order, and who have, in fact, lived so foreign to all the political events which were taking place around them that no kind of resentment should be

evinced towards them. It is therefore by good right that you have protested, and that you may still protest, if necessary, against measures like that, for instance, which sought to compel certain French retail dealers, who had already paid the State of Louisiana the sum established by the law of the land for their licenses, to pay the amount a second time.

Mr. Seward to Viscount Treilhard.

DEPARTMENT OF STATE,

Washington, September 4, 1862.

SIR: I have the honor to acknowledge the receipt of your note of the 29th ultimo, relative to a proposed tax on Messrs. Rocheran & Co., of New Orleans, pursuant to an order of Major General Butler of the 4th ultimo. In reply I have the honor to acquaint you that this department has requested the Secretary of War to direct General George F. Shepley, at present the military governor at New Orleans, to inquire into and report upon the subject.

On my return to this city I find also your note of the 29th of August, to which is annexed a copy of a despatch which you inform me was recently addressed by Mr. Thouvenel to Mr. Mercier, on the subject of the conduct of civil affairs affecting Frenchmen residing in New Orleans.

It gives me pleasure to acknowledge the candid and liberal spirit which pervades that despatch.

It may be useful to you to know that since the date of that paper, and later than the dates of any complaints from New Orleans which have reached this department, Brigadier General Shepley, who had long before been appointed military governor of Louisiana, has, after some unavoidable delay, actually entered upon the exercise of his functions; and the President thinks himself justified in expecting that Governor Shepley's administration of civil affairs will be conducted in a spirit of justice and liberality towards all parties who are loyal to the government of the United States, and especially towards foreigners, residents therein, who do not abuse the protection of the government to favor the treasonable purposes of its domestic enemies.

The President will take care, as he has hitherto done, to prevent the practice of any unnecessary severities towards that class of persons, and especially towards Frenchmen of that class. It affords this government much pleasure to acknowledge that, in general, the subjects of the Emperor have borne themselves with moderation and especial forbearance from injurious undertakings during our unhappy civil war. For this reason the President especially desires to redress every just complaint that may have arisen or may hereafter unavoidably arise in behalf of any subjects of his Majesty. It must, however, be understood to be of all things the most difficult for an interested party, like the United States, to weigh the merits of claims which are presented by a friendly government, like France, in behalf of its interested subjects, amid the irritations, excitements, and confusion of civil war. The French government must necessarily experience some difficulty in weighing such complaints as are preferred by such subjects against the United States. Moreover, it may happen that questions may arise between the two governments, or between citizens of the United States and France, out of transactions incident to the present civil war or the war of France against Mexico. Under these circumstances it has occurred to the President that it might tend to a more speedy adjustment of all such claims, and to the preservation of a good understanding between the two governments, if they should enter into a convention for a prompt settlement of claims of the classes to which I have referred, by a board of commissioners to

be mutually agreed upon for that purpose. A proposition of such effect has been made by the United States to Great Britain, and it is understood that it will be accepted. I shall be pleased if you think it of sufficient importance to bring any suggestion for such a convention with France to the notice of Mr. Thouvenel.

I have the honor to be, with high consideration, sir, your obedient servant, WILLIAM H. SEWARD..

Viscount JULES TREILHARD, &c., &c., &c.

Extract from a despatch of Mr. Thouvenel to Mr. Mercier, under date of the 19th of September, 1862.

[Translation.]

Towards the end of the last month, the minister of the United States at Paris has unofficially communicated to me a correspondence, exchanged on the 21st of July, between General Butler, superior commander at New Orleans, and the federal commissioner of customs of that city, the purpose of which was to insure every desirable facility for the free exportation of the productions of Louisiana.

In a quite recent and also unofficial communication, Mr. Dayton has just brought to my knowledge a new document, from which it appears that General, Sherman had published at Memphis an order from Major General Grant removing all prohibitions or restrictions interrupting the transportation and sale of cotton in the market of that city.

Viscount Treilhard to Mr. Seward.

[Translation.]

LEGATION OF FRANCE IN THE UNITED STATES,

Washington, October 6, 1862.

SIR: The manager of the consulate of France at New Orleans has just informed me of three affairs which interest Frenchmen in that city, and which I hasten to commend to the kind attention of the government of the United States.

The first, as appears from the documents herewith annexed, under the number 1, is in relation to various lots of sugar belonging to Messrs. Richard Aldigé & Co., and to Messrs. Goodchaux.

The sugars were deposited in the warehouses of the custom-house of New Orleans at the period of the occupation of that city by the federal troops, and the collector of customs refused to give them up for consumption without an order from the Secretary of the Treasury. At the same time Mr. Dennison, as he has assured our counsel, wrote to Washington in behalf of the interested parties, but, up to the present time, has received no answer in this regard. I therefore step forward to solicit that the necessary orders may be transmitted to New Orleans to have the goods, which have been temporarily sequestered, restored to their owners. Longer delay would lead to the deterioration of the sugars, and would deprive the parties concerned of the legitimate profits which they are enabled to realize at this time.

A

The second affair relates to two lots of printing paper, belonging to Mr. Charles Harispe, which Major General Butler caused to be seized in the warehouses of the custom-house to supply the wants of the newspaper, the Delta. I annex hereto, under the number 2, a copy of Mr. Harispe's letter, and I can only submit to your judgment the arbitrary proceeding of which this Frenchman has been the victim, entreating a prompt decision on this matter.

Finally, the third affair of which I have spoken to you, sir, is connected with a series of more than arbitrary acts, which are represented to have been committed, by orders of federal authorities, on a plantation belonging to French citizens. I have the honor to send you herewith, under the number 3, the copy of a letter which, on this occasion, was addressed to our agent at New Orleans by Mr. Paul Vidal, in his own behalf, and in behalf of Messrs. G. Levois and L. C. Chauvin, French subjects. To that letter is annexed a statement of losses

which have been sustained.

I embrace this opportunity, sir, to renew to you the assurances of my high consideration.

Mr. CONSUL: On the 14th of March last we bought of Messrs. Roman & Olivier, agents of the St. James sugar refinery, on account of Mr. L. H. Richard, a French citizen residing at Paris, forty-one barrels of white sugar. We bought likewise, of the same house, and on account of the same person, forty-six barrels, on the 24th of March, and two hundred and one barrels on the 3d of April following. These two hundred and eighty-eight barrels were placed on storage in the warehouse of Messrs. Laure & Le Blanc, Toulouse street, at a price agreed on beforehand for the said storage.

Having received from Mr. Richards instructions to send him funds, we endeavored to get rid of the sugars. Great was our astonishment on learning from Messrs. Laure & Le Blanc that, according to orders received from the customhouse authorities of the United States in our city, they could not give up those sugars without a special permit from the collector of customs. One of our partners went at different times to Mr. Gray, deputy collector, to inquire of him what he intended to do with those articles. Mr. Gray always replied that he was expecting by every steamer an answer from Washington, and that until then it was impossible to give us a positive answer.

Mr. Dennison, the collector of the port, on being consulted this week by this same partner of ours, replied that he expected very soon an answer from Washington to the letter which he had sent in regard to these sugars, but that he could not deliver them to us until he had received permission from his govern

ment.

We have taken the liberty, Mr. Consul, of addressing you this letter with a view of acquainting you with all these facts which concern a French citizen now out of this country.

The 288 barrels above mentioned represent a value of five thousand seven hundred and eight dollars and forty-six cents, the amount expended in the purchase of the sugar. The favor which this article enjoys in our market commands for it at present a profit of at least twenty per cent., and it is greatly to