FRENCH AND AMERICAN CLAIM COMMISSION, 1880

In 1880, Mr. Evarts, the Secretary of State, invited me to act as

counsel for the Government in defence of the claims of French citizens

for losses sustained during the Civil War. There were more than

seven hundred cases and the claims amounted to more than thirty-five

million dollars including interest. The recoveries fell below six

hundred and thirty thousand dollars. The printed record covered sixty

thousand pages, and my printed arguments filled about two thousand

pages. The discussion and decisions involved many important questions

of international law, citizenship, the construction of treaties, and

the laws of war.

The chairman was Baron de Arinos. He was a man of unassuming manners,

of great intelligence, and of extensive acquaintance with diplomatic

subjects. He was reserved, usually, but he was never lacking in ability

when a subject had received full consideration at his hands. As far as

I recall his decisions, when he had to dispose of cases on which the

French and American commissioners differed, I cannot name one which

appeared to be unjust.

The insignificant sum awarded was due to many circumstances. Of those,

who as French citizens had suffered losses during the war, many had

become American citizens by naturalization. Again others were natives

of Alsace and Lorraine, and the commission held that they were not

entitled to the protection of France in 1880 when the treaty was made.

But the losses were chiefly due to the absence of adequate evidence as

to the ownership of the property for which claims were made, and to the

enormous exaggerations as to values in which the claimants indulged.

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