The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-20

right under the American code 70 ask possession.
To proceed to the passage Of your article which
nistsd rort Of o6asia extortion s too bsd that
the rendered in this case BY the Consul which
really and truly amounted to but little the charges
ehoud 90 great" This allegation Of the relative
the services 10 the very reverse OF the
fact In the first place the inoonvsnienoe, cost,
trouble and OF the Intervention OF the tsencn
critics. which the consular agency preciuded, are
to be taken and largely into account In the ssoond
the suboiAed certificate OF the respec-
table person who fills the post Of secretary in my
bureau The per osntsge prescribed by the Law sb-
serbs all the usual fees sna other charges. IL was
really little, compared with tho real smoant OF the
personal sstse-two and nifty thousand francs
or should b. willing to aver, undsr any sano-
ton whatsoever of honor oach thstn had foreseen
the trouble the irregular service the vexstons with
which the all Air WAS attend sd and been followed
would not voluntarily have undertaken 1t for double
the rum received | would rather have sacrincsd the
whole than have incurred the necessity Of visiting
the Secretary Of State with the task which the expla
nations ana vouchers imposed on mis- kindly nature
aud official coincidence. | do not believe tnat any
American lawyer or notary At home Of any oonside-
ration would have beer Satisfied with The same com
pensstion for transactions corresponding In measure,
duration and annoyance
After all the up hot would be, that the Consul took
the missions prescribed by the Jaw for The perform
anos Of oEerous duties imposed by the law An exact
proportion between fees and services not studied
in any If the public private function paid
by salaries ices or par centage Witness the learned
legelatuies, diplomatic agents, bankers who rarely
scruple 10 accept what aceroes By law or customary
demand ROBERT WALSH u. 3. Consul
EDITOR New YoRR MoRNINo HERALD.
OPINION OF MR. BUCHANAN.
WAsHIsGToN, sept 1e, l847.
The parties have submitted to me the question to
the amount OF commissions to which Mr.. Walsh 10 en-
titled Consul Of the United States At Paris out OF
the ehtste Of Ars. Julia Vail deceased, American
citizen, who recently died near that city. After
careful examination Of The law and the facts Of the
cse, am very clearly OF opinion that he 10 entitled to
the amount charged by him. 800 SO frsncs) deduct
ing thsrefrom the sum Of 775 frAnos the commits
rons ut the rate OF pa per cent the Ohio and New
York loan.
The main objection seems to be the charge of con-
suar commissions upon the public loans and stocks
owned by Mrs Vail At the time Of her dScesse but 1t
appears TO that the Instructions for
14th, 1892 have long sincs settled this question
In favor Of the Consul. Surely these loans and
.tscks, SO far as they are French, are, in
any citizen of the United States" within the consu.
late Of MT Walsh, at Paris and might have been sold
by the Consul had this been necessary applied to
the mt mt Of the debts OF the which she had
"tlere contracted"
Both the act OF Congress and tho instruetisns re.
quire the Consul 1.-The eeots deceased
American citizens who shall die within their consul
late" The word eees" Ia most comprshe nsivs in Its
tigBidcsion, and embraces, as the instructions de-
Glare, property of every description including debts
duen
The act Of April, 1892, Ia. proved highly be.
sonal estates Of American citixens who abroad,
from the heavy expenses and vexstious delays Incl
dent to their administration by the authorities Of
foreign countries; and after paying the debts of the
deceased there contracted, has secured the balance
to those entitled to receive 1t In the United States
These benefits result altogether from the fact that tho
whole estate abroad 10 subjected to consular jursdo
ton, in exclusion OF the local authorities
the loans and stocks OF Mrs Van we're never in the
actual possession OF Mr. Walsh, because the Messrs
Hottnguer in who,e hands they had been deposited BY
the deceased refused to place these evidences Of debt
in his custody But surely this illegal barr inter
posed by them, to the execution Of the act of April
1904 could not impair the rights Of the Consul or re.
leve him from the performance OF his duties. II IL
could the whole efficacy OF tho act might BIZ destroyed
by the refusal OF third persons to deliver to the
Consul property OF the deceased or evidences Of debt
In their posse,sion.
Clifford, the eminent jurst who Is the Attorney
General Of the United States with in this
opinion throughout.
(Signed) JAMES BUCHANAN.
Washington, Sept. 10, 1847.
CERTIFICATE OF THE SECRETARY OF The CONSULATE
AT PARIS.
My attendance at the dwelling Of the deceased
Madame Vail was several hours per day for about
twenty days for the purpose Of &xing the consular
seals her effec cts, the DOORS trunks, boxes &C.,
and Of taking an inventory and spprsissment Of the
and registry consisted Of ut least hundred and
fifty pages of folio manuscript Tripcsteo OF the
srs, and the Department of state, were necessary
they consumed much time, and cost q very heavy
portage During three months scarcely day past
that was not occupied In TRANSPORTING letters and
documents appertainipg to the Vail inheritance. l
affixed from thirty TO forty consular seals ndispen
sable for the security and legssation of documents
and reeords, and the final adjustment of the inher
lance. have held my present post more than four
years; no busine" has occurred that gave 70 much
work, and attended with many Troublesome de-
tale. For long series of years. have al occasion
to be converssnt with the bureHux and transactions
Of the notsres OF this capital an quite sure that
there 10 Of them whose bill OF charges for
vices Of the same kind and extent, would not have
exceeded the whole consular claim the Vail inheri
lance. JOHN BARTLY, Secretary Of the
Paris, Goth February, 1919. American Consulate.