Drouyn de Lhuys to John Bigelow, August 14, 1865

Mr. Drouyn de Lhuys to Mr. Bigelow

Sir: I have received the two despatches which you have done me the honor to address to me on dates of 10th and 11th of this month—and subject of Messrs. George Schneider and Jean Baptiste Cochener, lately arrested in France as refractories, although after having become naturalized Americans, and who ask you to have them set at liberty.

This is not the first time that questions of this kind are presented, and my predecessor has already had occasion to make known to Mr. Faulkner, especially by a letter of July 5, 1860, relative to Mr. Zeiter, that in a matter so serious as that of military recruiting, where an extensive public interest may be complicated with the rights of individuals, it becomes incumbent to invest with the surest guarantees the decision to be arrived at, and to restrict the interference of the administration within the straitest limits. Thus the law of March 21, 1832, which governs the matter, has reserved the appreciation of questions of nationality to the courts, before which Messrs. Schneider and Cochener will have to present their reclamations.

This delegation of jurisdiction should not, moreover, awaken the susceptibilities of foreign countries, because it constitutes the best guarantee of impartiality which can be offered to those having right, as can be proved in case of need by the decision rendered in 1860 in favor of Mr. Zeiter by the court at Wissemburg. Nevertheless, I hasten to communicate, by way of information to the marshal minister of war, the reclamations of Messrs. Sehneider and Cochener.

Accept the assurances of the high consideration with which I have the honor to be, sir your very humble and very obedient servant,