The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-19

between tue FOregn once and British subjects re-
siding In France, and preierrlng claims for loss OF
property since the entry Of the German army into
France A portion Of THIS correspondence has been
man War. The following letters from this publica-
ton bear directly upon the questions considered In
this portion OF the confidential memorandum
NO. 3-EARL GRANVILLE TO LORD LYONS.
FOREIGN OFFICE, Jan. III, 1871
MY LORD have received your Excellency's de-
spatch OF the 9th inst enclosing letter from Mr..
Kirby, an English gentleman, established with his
family at La Ferte Imbaulr. complaining OF the con-
on his property; and have to instruct you TO
acquaint that gentleman that much as her Maesty'5
which he and his family were exposed It Is out OF
their power to interfere to obtain any redress for
which Is the seat OF war are equally liable with the
natives OF this country TO have acquisitions levied
their property by the belligerents. am, &C..
No. 1o-EARL GRANVILLE TO MR. WEST.
FOREIGN OFFICE, March l, 1871.
SIR have consulted the law officers OF the crown
upon the point submitted 10 me in your despatch OF
the 24n OF February as to the claims OF British sub
the war; and have now to &C Juaint you that am
advised by them that her Majestys subjects rest
dent IN France whose property mas been destroyed
on the ground Of their being British subjects for
losses which the necessities Of war have brought
upon them In common with French subjects am,
&C, GRANVILLE.
FOREIGN OFFI0R. March 20, 1871.
SIR am directed by Earl Granville to acknow-
ledge the receipt OF your letter OF The 22d tns
tanning q statement Of certain property possessed
by you in Par.s and the neghborhood, ana referring
to the losses which you state have sustained IN
consequence OF the occupation OF such property by
French and German troops, and requesting that
Lord Lyons with the object OF your claim beng ulti
mately urged upon the French government on ac-
/ am now to inform you that Lord Granville has
taken the OPINION OF the law officers OF the crown
to the liability OF the French government to COM
pensate British subjects resident in France for loss
and damage to their property during the late war,
and that his Lordship has been advised by them
have, In their opinion. no just ground OF complaint
against the French authorities in the event OF their
armies their losses under such circumstances would
be among the inevitable consequences OF war raging
In a state within which they have chosen as for.
egners to take up their residences; and with regard
TO such losses British subjects would not be entitled
to claim any compensation from the French authori-
ties. am, &C., E. HAMMOND.
NO. 22-NR. STEWART TO EARL GRANvILLE-(RE.
CEIyED AUGUST 81
80 UPPER BRUNSWICK PLACE.
BRIGHTON, March 80, 1871. (
MY LORD have the honor to acknowledge your
Lordshps letter. OF the 2Sth INST, In answer TO mine
OF the 22d Oh the subject OF the losses nave
tanned by the occupation OF my houses In Paris and
It's neighborhoOd by French troops during the
the opinion OF the law officers OF the crown rs to the
liability OF the French government to compensate
British subjects resident In France for loss and dam
age TO their property during the late war; ana that
your Lordshlp mad been advised by them that Brit
lsh subjects resident In France would have, In their
opinion, no just ground OF complaint against the
French authorities in the event OF their property
having been DESTROYED by the invading armies.
beg to submit to your LOrdship that my case does
not come within the terms OF the one submitted to
the law officers OF the crown. At the commence
ment OF the siege of Paris all the inhabltants OF
Bouogne SeSei were ordered by the French gov
eminent to leave the r houses and my tenant at No.
Avenue des Princes, Boulogne-sur-S Seine, accord
fngly removed his furniture and gave up possession
TO the authorities, who occupied the premises for
more than ave months with upward Of $50 French
soldiers, who renamed IN 1t until the signature OF
the treaty oil peace, and then left it in the ruin
Gus condition. The German troops passed one night
Paris. but did additional damage to the property
Ny other houses within the encente OF Paris were
occupied wholly by French troops and French peas
ants. mo destruction OF property by invading
armes' consequently took place in my case.
In my opinion, my claim IS similar to that made
by your LOrdship on the German government for the
loss sustained BY Brush shtpowners whose vessels
were seized and sunk near Rouen. In the one case
ships were seized and destroyed by the German
authorities; and In the other, houses were seized
and destroyed by the French authorities both be-
longing to British subjects, and demanding similar
have now, therefore. to beg that your Lordship
win be 80 good as to forward my claim the French
government 10 Lord Lyons, with request that his
Excellency will give me such assistance may be
required in MS capacity OF English Ambassador In
my claim when the proper time shall arrive for SUBJ
uniting II TO the authorities. beg, however to add
that am informed that. by the law OF France com.
pensation Is due not only to foreigners, but TO
French subjects for injury done to their property by
invading armies, AMI for the occupation of their
houses by French troops, ana for damages resulting
therefrom. | trust, therefore, that 1t will not be
necessary to call for Lord Lyons Intervention.
have thought II my duty to trouble your Iordshp
with this letter in order that may point out the DIFF
ference between my case and that submitted to the
law Officers OF the crown, and may add that think
1t VIII found that few British subjects are in the
same position as l am with respect TO nv French
properly; have, &C., CHARLES STEWART
FOREIGN OFFICE, April 10, 1871
SIR am directed by Earl Granville TO acknow-
ledge the receipt OF your letter OF the Both uit
which, with reference to the answer which Lord
GRANVILLE caused to be returned TO your letter or the
have sustained by the occupation OF your houses In
Paris and the neghborho0d by French troops during
the war, you now submit that your case does not
mitted TO the law officers OF the crown and upon
whose opinion with reference thereto the to
your representation had been founded, inasmuch as
there was mo destruction OF property by invading
armies" but that the damage was caused In c0nse-
Of the occup alton o. your property by French
Of the French authorities themselves.
am now TO state to you that Lord Granville has
Your further application, and am TO observe
that her Majesty's subjects residents In France
IN 70 70 be better pso
perty in France than French subjects, and that
II you nave been correctly informed as to the
law OF France the Intervention Of her Majestys gov
eminent will not be required to enable you to prefer
a claim before the French authorities to compensa.
ton for any losses resulting you from the Occu-
patton Of YOUR houses by French troops But
whether you have been correctly informed or not,
receive at the hands OF The French government the
same treatment which French subjects themselves
receive
with regard TO your alluslon TO the case OF the
British ships which have sunk at Ronen, am to OBJ
serve that there Is no analogy between ships and
fmmovable property. l am, &C., ENFIELD.
Another pertinent case has recently been decided
6y the British government against q claimant Mr..
Worth, British subject, claimed indemnity on ac
count OF Imprisonment 10 which he was subjected
by the German authorities on hts capture In an at
tempt TO escape from Paris In q balloon.
Lord Ended, In q note Of the 81 OF April informs
Mr.. Worth that Lord Granville regrets that, latter
consultation with the proper law adviser Of the
crown. he does not feel JUSTIFIED In placing sucn
claim on your mr. Worth's) behalf before the Ger
man governmenf"-Brtish Blue Book, 1871; cor
respondence respecting the Imprisonment Of Mr..
Worth by the Prussians
FOUND DROWNED At FORT AMM TON.