Mr. Bigelow to Mr. Seward

No. 299.]

Sir: I bave the honor to transmit a copy of a communication received at this legation on the 28th ultimo from the minister of foreign affairs, and marked enclosure No. 1, in reference to certain steps taken by the consul at Marseilles for the distribution of a pamphlet emitled, Lois pour encourager l’emigration, pour la protection des passagers, et pour garantir un asile aux colonisateurs actuels, &c.

I immediately addressed the consul a communication, of which enclosure No. 2 is a copy, and in a few days received in reply enclosures Nos. 3, 4, 5, 6, 7.

After a careful perusal of these documents, I addressed a communication, of which enclosure No. 8 is a copy, to the minister of foreign affairs. I made no comment upon the reasons assigned by the minister of the interior for refusing the application of our consul—

First. Because it was apparent from the whole tenor of the despatch that this government does not look with favor upon any efforts to induce emigration from France; and

Secondly. Because it was specially requested by my predecessor, Mr. Mason, as I have discovered in the course of my researches in the archives, to prohibit contracts being made in France with emigrants going to the United States, on account of the fraudulent abuses to which the practice often subjected them.

I think the recent political reaction of the emigrant population from Ireland against the mother country has had its influence in determining this goverment to guard itself against a similar inconvenience. I the more incline to this opinion from the gratuitous rigor with which naturalized Americans of French origin have, in repeated instances, been treated by the authorities here, under the pretext that they were liable to military service. I shall soon have occasion to invite your attention to a correspondence which has passed between this legation and the minister of foreign affairs upon this subject.

The brilliant reports which emigranes bring back from the country of their adoption, and which personal vanity often tempts them to exaggerate, have a very unsettling influence upon the minds of ignorant peasants, to whom they are generally addressed. It is not strange, therefore, that the police soon find some pretext for removing these eloquent apostles of democracy from the reach of those likely to be rendered discontented by their revelations.

I am, sir, with great respect, your obedient servant,

JOHN BIGELOW.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Page 288]
[Translation.]

Mr. De Lhuys to Mr. Bigelow

Sir: I have just received from the minister of the interior communication of a pamphlet which the consul of the United States at Marseilles has recently addressed to the senator charged with the administration of the “Bouches du Rhone,” and which is entitled “Laws for encouraging emigration, for the protection of passengers,” &c. The consul of the United States at Marseilles has, at the same time, inquired of Mr. Maupas whether there was anything which would hinder him, in conformity with the desire of his government, from making free distribution of this pamphlet in places, dependencies of his consulate.

I need not point out to you, sir, the irregularity of the step taken in this matter by the consul of the United States at Marseilles. It is, in fact, through the medium of your legation and my department that his request should have reached the department of the interior, and it is in order to avoid departure from diplomatic usages that the Marquis De Lavalette begs me to bring to your knowledge the course of which this business has seemed to him to be susceptible.

As to what concerns the purpose itself of the communication of the consul of the United States at Marseilles, the minister of the interior, after having examined the pamphlet remitted to Mr. Maupas, as well as the manuscript analysis accompanying it, found that there would be inconveniences in authorizing the distribution through the departments of the empire of documents which, like those, present the character of an appeal in favor of emigration. The French administration has always been opposed to the sending of addresses among the native-born operatives; besides, in deviating now from this line of conduct in favor of an undertaking of emigration to the United States, it would create a precedent of which emigration agencies belonging to other nationalities might avail themselves. The minister of the interior adds, that as a consequence of the authorization which might be given for the circulation of the pamphlet in question, this distribution would be carried out under the cloak of an administrative stamping, and it would be to be feared that emigrants, misapprehending the significance of this formality, might see in it a sort of guarantee of the advantages which should be offered to them.

For these reasons the Marquis De Lavalette does not think he could authorize the senator charged with the administration of the Bouches du Rhone to accede to the request of the consul of the United States at Marseilles.

Receive, sir, the assurances of the high consideration with which I have the honor to be, sir, your very humble and very obedient servant,

DROUYN DE LHUYS.

Mr. Bigelow, Minister of the United States at Paris.

Mr. Bigelow to Mr. Fleurot

Dear Sir: I enclose a copy of a communication which I have just received from the Minister of Foreign Affairs. Will you be good enough to send me two copies of the pamphlet referred to, with a brief statement of what may have passed between you and the administrative authorities of the Bouches du Rhone?

I remain, sir, with great respect, your very obedient servant,

JOHN BIGELOW

Mr. Gabriel G. Fleurot, United States Consul at Marseilles.

Mr. Fleurot to Mr. Bigelow

Sir: I have the honor to acknowledge the receipt of your letter of 29th instant, with enclosure, a copy of a dispatch addressed to you from the minister of foreign affairs; and in compliance with your request I hasten to enclose the following documents relating to the subject referred to, the same being copies of the originals on file and in the records of this office, viz:

No. 1. Copy of a printed circular from the Department of State, (Bureau of Immigration.)

No. 2. Copy of my predecessor’s letter to Mr. le Senateur, (26th February, 1866.)

No. 3. Copy of a letter from Mr. le Senateur to myself, (27th March, 1866.)

No. 4. Copy of letter, my reply to Mr. le Senateur, (29th instant;) and, finally, the “two” [Page 289] copies of the pamphlet, with annexed copy of explanatory remarks, (A,) referred to in the correspondence of my predecessor.

I believe these copies embrace all the proceedings, and will, perhaps, more satisfactorily explain the subject than any other form of statement transmitted.

Any instructions or opinion you may deem expedient or advisable to transmit in aid to the subject, will receive my close and immediate attention.

I am, sir, with great respect, your very obedient servant,

G. G. FLEUROT, United States Consul.

Hon. John Bigelow, Minister of the United States, Paris.

[Printed circular.]

Sir: Pursuant to the act of Congress entitled “An act to encourage immigration,” approved July 4, 1864, a copy of which I enclose, as well as of other acts having the same tendency, I have the honor to transmit to you copies of a compilation of these acts, and of the “homestead act” and other documents relating to the same subject, in the language of the country to which you are accredited; and I have the authority of the Secretary of State to request of you to distribute these copies to individuals interested in the subject of emigration, and to disseminate, by all means at your command, a knowledge of the inducements offered by this country to foreign emigrants, as contained in those documents.

The provisions of the laws of pre-emption, and other local technicalities, render the language of the “homestead act” peculiar and ambiguous to the unprepared mind, and you will confer an additional favor on this “bureau” if you would accompany the distribution of the pamphlets with such explanations as will elucidate that important act to parties interested therein. But in all your proceedings you will studiously take care not to contravene the laws, policy, or sentiments of the government to which you are accredited, or to excite any unkindly feelings on the part of the government or the people of that country.

I am, sir, your obedient servant,

H. N. CONGAR, Commissioner of Immigration.

United States Consul, Marseilles, France.

[Translation.]

Brief of an act to encourage emigration.

Article 1. The essential clauses of this act refer to a Bureau of Emigration established by the government of the United States in the city of New York. The object of this bureau is to protect emigrants against all sorts of frauds and deceit, on their arrival in America; to furnish them gratuitously all the information they may need, and facilitate, at the least possible expense and delay, their settlement in this country.

Art. 2. American agencies of a private nature have been opened at different parts in Europe, having for purpose to introduce workmen for mills, workshops, mines, and other branches of industry. This article is connected with giving effect in the United States to all contracts through which the emigrant could be enabled to hypothecate his labor in America in reimbursement of the expenses of his emigration.

Art. 3. Is of no consequence, the insurrection having been completely extinguished.

The letter following (pages 4, 5) from Mr. Bowen, Commissioner of Emigration, relates to carrying out the regulations contained in the precedent act.

The law printed on page 6 was passed by the American Congress to insure the fullest proection to all classes of emigrants, during the course of the voyage to the United States.

An act to guarantee a home to actual settlers on the public lands.

This act concedes to every person who is head of a family, of twenty-one years of age, a lot of land of 160 acres, (about 165 hectares,) on condition such individuai becomes a citizen of the United States, engages to cultivate the land during five years, and pays 50 francs for surveying and registry fees.

[Page 290]

The public lands to which this act is applicable embrace a superficies of 2,000,000 of square miles, (about 5,176,000 square kilometres,) extending from 24° to 49°, and mainly situate between the Pacific ocean and the river Mississippi. The territory embraces every kind of mineral land, down to the prairie lands, which are not less sought after.

This region is rich in precious stones, in gold, in silver, in copper, in iron, in tin, in quick-silver, in lead, in marble, in gypsum, in salt, and in petroleum.

The annual value of gold extracted in these regions, still almost uninhabited, is about 150 millions to 2 billions of francs; silver to 3 millions.

The fertility of the prairies is not surpassed by that of any country in the world; in many places the bed of vegetable soil reaches a depth of several feet, and occasionally this depth is even twenty-five feet.

The public lands are divided into sections of 15,528 metres square, and subdivided into sections, and these into quarter sections, forming a surface of about 64 hectares.

The American system of registration, which consists in dividing the soil into squares by means of marked lines running north and south, and east and west, is so simple that it has so far prevented any controversy relative to boundaries or titles to grants.

The American governmect grants a quarter-section to each citizen, as has been said before. This quarter-section may be selected in any part of the public domain. That which much enhances the value of these lands for those who should decide to occupy them, is, that occording to the provisions of law, two sections, (1,280 acres, or 517 hectares, 88 ares,) are reserved within each boundary of six miles square, (15 kilometres, 528 metres square,) to be sold, and the product devoted to the establishment of free schools, so that the moral and intellectual progress of the country may keep pace with its physical development.

[Translation.]

Mr. Senator: I have the honor to annex under this enclosure copy of a pamphlet which has been sent to me from Washington to be distributed in localities dependent on my consulate, as well as some lines in explanation, which I propose to have printed and to add the thereto, in conformity with the wishes of my government.

I have the honor, Mr. Senator, to submit these documents to your appreciation, and to request you will please to let me know, if any objections exist, or what will be the formalities necessary to permit the distribution.

Please accept, sir and senator, the assurance of my highest consideration.

GEORGE W. VAN HORNE, Consul of the United States.

M. Senator, Charged with the Administration of the Department of the Bouches du Rhone.

[Translation.]

Mr. Consul: By a letter dated 26th of February last, your predecessor did me the honor to communicate to me a pamphlet on emigration, which had been sent to him from Washington to be distributed in places dependent on the consulate of the United States at Marseilles, and also some lines of explanations which he intended to have printed, and to annex to the pamphlet, in accordance with the wish of his government.

On submitting these documents to my appreciation, Mr. Van Horne begged me to let him know whether anything opposed their distribution.

The distribution of pamphlets and writings of the nature of those in question, and which have for purpose to appeal under such form as may be to emigrants, constitutes in fact a veritable movement for the engagement of emigrants, and thereby comes under the application of the law of the 18th of July, 1860, in virtue of which no one may undertake operations relating to emigration without especial authority from the minister of agriculture, commerce, and public works. In what concerns this distribution the agencies legally authorized would, besides, have to conform to the regulations which govern colportage.

Receive, Mr. Consul, the assurance of my most distinguished consideration.

The senator in charge of the administration of the department of the Bouches la Rhone, by delegation:

L. TANJOUIX, Secretary General.

Consul of the United States at Marseilles.

[Page 291]

[Translation.]

Mr. Senator: By the letter which you have done me the honor to address to me, dated 27th of this month, you are pleased to inform me that relative to the subject which was the motive for the letter of my predecessor, dated 26th February last, and accompanying a pamphlet on emigration, by the terms of the laws of France the distribution of pamphlets and writings of the nature of that in question cannot be made without special authority from the French government.

In consequence, Mr. Senator, I now thank you for the information you have communicated to me on this question, and which enlightens me as to the illegality of measures which might be taken outside of these reservations, and of those on agencies lawfully authorized for this purpose, on which will devolve the need of taking care to act within the competency of the privileges granted to them in the distribution of said pamphlet, which has no other purpose than to bring to the knowledge of emigrants to the United States what advantages are offered to them, what lively solicitude for their interests, and the protection given to their persons by the government of the United States.

Please accept, sir, the assurance of my most distinguished consideration.

G. G. FLEUROT, Consul of the United States of America.

The Senator in charge of the Administration of the Department of Bouches du Rhone.

Mr. Bigelow to Monsieur de Lhuys

Sir: I have the honor to acknowledge the receipt of your excellency’s favor of the 27th ultimo, relating to the steps taken by the late consul of the United States at Marseilles for the distribution of a pamphlet entitled, “Lois pour encourager l’emigration pour la protection des passagers,” &c. Your excellency directs my attention to the irregularity on the part of the consul in addressing his inquiries to the senator charged with the administration of the Bouches du Rhone, Monsieur de Maupas, instead of addressing them to your excellency, through the representative of his government resident at Paris. In reference to the subject-matter of the consul’s inquiry, your excellency informs me that the imperial government has always discouraged appeals in favor of emigration addressed to native workmen, and that the consul’s application has been declined.

As to the irregularity of the consul in addressing himself to the senator charged with the administration of the Bouches du Rhone, permit me to remark in his justification that his application included a request to be informed what formalities would be necessary to secure the privilege of distributing the pamphlet in question. Had Monsieur de Maupas invited the consul to make his application to your excellency through the diplomatic representative of his government, such a reply would have been strictly responsive to the consul’s inquiry. I mention this merely to justify the expression of my own conviction that the late consul at Marseilles had no intention to so far depart from the wishes of his government as to attempt to bring the advantages of emigration to the United States before the people of France in an irregular way.

I shall not fail to take note of and communicate to my government the objection raised by his excellency the minister of the interior to the diffusion of information designed to encourage emigration from France.

I avail myself of this opportunity to renew to your excellency the assurances of the high consideration with which I have the honor to be your very obedient and very humble servant,

JOHN BIGELOW,

His Excellency Drouyn de Lhuys, &c., &c., &c.