The New York herald., 1871-11-17

SUBJECTS would not be entitled 10 claim any com
pcnsatlon from the French authorities
The following Downing street comm unication,
from Earl Granville himself VIII oc an apple OF gold
TO the counsel OF the United states when the Com
mlss.oners meet again In December, and IL will go
very tar towards solving The problem OF how the
business Is 10 b. got through with In ,hc two years
TO which It is so rgdy restricted by article fourteen
OF the Treaty. With a few thousand printed forms
oil demurrer Judge Hale can speedily clear inc
docket and leave question Of financial import 10
be settled Should the British Foreign secretary
now have reason doubt the propriety OF the coh-
clus!ons which ne kindly drew from the law oncers
OF the Crown lust in time for the needs OF the Amcrl-
can government he can nnd himself iorestalled ana
supportcd py an authority no less respectable than
Joseph Holt, OF Kentucky, Judge Advocate General
OF the United states, jurst to whose opinions
British Counsellor Carlisle cannot fall to bow But
to the letter. ,o.,
SIR have consulted the law oifcers OF the Crown
upon the point submitted to me IN your despatch Of
e s OF m as r 70 he me oss ., %
during the war, and have now to acquaint you
that am advised by them that Her Malesty's sn0-
jects resident in France whose property has been
destroyed during the war cannot expect to be COM
peusated, on the ground OF their being British sub
iects, for losses which the necessities OF war have
brought upon them, IN common with French sub
jects. am, &c, GRANVILLE.
Several years ago, while the rebellion was still in
progress Judge Holt submitted TO Secretary Stal-
ton an opinion. in the following terms and this
opinion, confirmed by the Secretary, has long
passed into an established rule:-
An unnaturalized foreigner and British subject,
who has been q permanent resident OF one 0. the
States OF the Union and has enjoyed the protection
sideration than citizen in regard to the payment
OF a claim upon the governments for property taken
for the use and subsistence OF our troops, or
destroyed or damaged during military operations
In time Of war.
Two cases, involving general principles were
under examination before the Commission this
week. One was the case OF Anthony Barclay. the
British Consul at New York. who shared Minister
Crampton's dismissal by our government for a vio-
lauon OF our neutrality laws, 10 enlsting men for
service In the Crimean war. The Minister went
to Spain, and was dcspoled OF his wife
by Castlian granoec me Consul went to
Georgia. and was despoed OF his goods
by Sherman's "bummersu For this loss and
damage Mr. Barclay has filed his claim OF $275,000,
which mas been met with demurrer that 10 ac-
quring domcile in the South he acquired also the
character OF q citizen in State in rebellion, ana
loses SO far as the prosecution Of MS claim is con-
cerned character Of British subject. As to the
facts is demurred that the destruction OF Mr. Bar
clay's property was an act OF war, for
which no government permits itself TO
be held lawfully responsible, though spe-
OF grace and favor. The very argument here raised
to exclude the jurisdiction OF this Commission was
lately raised by Thomas J. Durant OF Louisiana, be-
fore the Southern Claims Commission to obtain
Jurisdiction for the claim OF French subject domi
clled rebel State during the war. The authori-
ties and arguments Of Mr. Durant are OF such Q
character as gives every prospect OF success TO
Judge Hale's demurrer. Foreigners domiciled
In the United States stand the same footing
and seek the same remedies as native or naturazed
residents This Will send considerable increase
OF business TO the Southern Claims Commission, but
with the strct proofs OF loyalty and limited field Of
allowance before that tribunal these hybrid claim-
ants can be taken care Of at very small expense.
The second case was that or James Crutchett,
owner OF the Mount Vernon cane factory near
the railway depot In this city, before the
war. This factory taken for military uaes early
In 1851, and what was regarded as q suitable COM
pensation has been made already by the War De-
partmenL Crutchett, however, claims SIZE, coo
additional, but there is little doubt OF the success OF
the motion to dismiss the claim on the several
grounds OF permanent residence In the United States
pursuit OF q remedy before the ordinary authorities
OF the government and the alleged damages
being OF that remote and inconsequental character
that cannot be reduced 10 substantial basis Just
here another production OF the prolific pen or Down.
ing street VIII he acceptable
FoREIGN OFFICE, Jah IL, 1871.
MY LoRD--I have received your Exccnency's de-
spatch OF the 9Th inst, enclosing letter from MT.
KIRBY an English gentleman, established with
his family at Laferte, lmbaulL complaining
OF the Conduct Of the German troops in
struct You TO acqualnt that gentleman That, much
as Her Malesty's government regrets the incon-
venience and loss to which lie and his family were
exposed IL Is OF their power TO Interfere to OBJ
tain redress for him. inasmuch as foreigners re-
siding In n country which Is the seat OF war are
uaIIv
have acquisitions levied on their property by the
Leligercnts. am, &C., GRANNlLLE.
The America n Spanish Commissian.
IT'S probable that Mr.. DICK, lawyer OF this city,
will be appointed the successor OF Caleb Gushing
as counsel for the United States before the AmerL
can-Spanish Commission.
Another PcEsion Agent In Trnnblc.
When, several weeks ago, an examination was
made by the Commissioner OF Pensions Of the &C.
counts OF extension Agent Forbes, Of Philadelphia,
IL was discovered that the other pension agent CAL
houn was deficient $1,000, he was required to
make good this sum, but has hot yet done SO to the
full amount. His suspension was therefore yester.
day determined upon by the President The facts
IN the case having been represented to
him by the Secretary OF the Interior,
Major Salhoun sent his resignation promptly,
asking time to close h 8 accounts before his
sor takes possession. lie asserts that the reported
dciaication Is untrue, and an examination OF the
accounts viii show q balance against the govern
ment. Major d. r. b. Nevln, OF Pennsylvania now
! Chief OF the Division OF Receipts and Expendi
lures OF the Treasury Department, and who hal
been President OF the Pennsylvania Republican AS
ISOLATION for the last three years. has been desgna
ted as Calhoun's successor and his appointment vii
be formally made on receipt OF Caihouns reslgna
ton. This pension agency pays the widows pension:
and disburses about million and half OF dollars
annually. The accounts OF other pension and Other
agents undergoing investigation, and It Is the
determination OF the executive departments 10 hold
all their disbursng officers hereafter TO a strict ac
countabiry.
| Scramble Tor Office In the Internal Revenue
Bureau.
| Colonel Given, Third Deputy Commissioner OF In
ternal Rev ve1ue, Will tender his resignation early