Letter

Agent United States Treasury Department to Berreyer, January 5, 1865

Mr. Farwell to Mr Berreyer

Sir: It is proposed to take in France the testimony of certain witnesses who are citizens of and who reside in France, to be read as evidence in certain suits at law pending in the federal courts of the United States at New York and San Francisco, in which suits the government of the United States is plaintiff. For this purpose commissions have been issued by the courts, directed to certain consular officers of the United States residing in France, requiring them to take the testimony of the witnesses upon their oaths, and to return the same in writing to the courts aforesaid.

It is important to ascertain, before incurring the labor and expense of executing these commissions, whether the oath which these consular officers are required to administer to the witnesses will or will not be binding upon them by the law of France; and if, by the French law, these witnesses will be liable as for perjury, should any of them speak falsely in reply to questions propounded to them upon this examination.

I respectfully request that you will state your opinion upon these questions in writing, citing such laws and decisions as bear upon them.

Be good enough to inform me in what manner the testimony of witnesses may be legally taken in France, to be read as evidence in the courts of the countries, so that in case it shall be made to appear that such testimony is false, the witnesses so giving the same can be punished in France for perjury.

Very respectfully, yours, &c.,

B. FARWELL. Agent United States Treasury Department.

Mr. Berreyer.

Sources
FRUS u2014 Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth C View original source ↗
U.S. Department of State, Office of the Historian. Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth C.