JOHN HAY, Assistant Secretary to Consul-General Walker, June 15, 1880

Mr. Hay to Consul-General Walker.

Sir: Referring to your dispatch of the 9th of April last, No. 8, in relation to the death of Theodore Gentil, an American citizen, and the disposition of his effects, I have now to acknowledge your telegrams of the 29th of the same month and the 9th instant, and dispatches Nos. 9 and 12 of the 22d and 30th of April, upon the same subject. A dispatch has also been received from the minister of the United States at Paris, submitting a correspondence with the French Government.

In reply to your telegram of the 9th instant, the following dispatch was sent to you on the 11th instant, viz:

“It is the opinion of the Department that the Gentil case must be decided by French law. If there is any doubt what the French law is, and you need counsel, you may employ it.”

* * * * * * *

In the absence of treaty stipulations with France in reference to the estates of American decedents in that country, it is obvious that no claim can be maintained to the right of consular officers to take charge of or to administer upon such estates. The laws of the United States or the consular regulations can have no operation in this respect within the territory of France, except as this may be conceded in a spirit of comity. It is regarded, however, as the duty of a consular officer, even in the absence of a treaty, to do what he properly can towards securing the estate of a decedent from loss at the time of the death, and to co-operate, if this be permitted, with the local authorities to this end, but he is not entitled to intervene as against the authority of the competent local officials. He should, however, carefully observe the proceedings taken in the settlement of an estate, and it is his duty to report to the Department any acts of administration which he believes to be likely to defeat a just distribution of the property. The desirability of providing for the custody and administration by consular officers of such estates in France is recognized by the Department, and it is hoped that an opportunity may soon be given for the negotiation of a convention to that effect.

I am, &c.,