James C. Morton to Jules Ferry, May 29, 1884

Mr. Morton to Mr. Ferry.

Sir: Referring to the conversation I had the honor of having yesterday with your excellency in relation to the objections my Government had to the conditional authorization granted to the American Commercial Cable Company to land in France, I beg leave to restate here, substantially, the grounds of my complaint.

My Government having granted to the French Telegraph Company permission to land its cables on our shores, upon the condition that the same privilege would be given to any American company applying for it, I requested your excellency on the 3d of January last to give this privilege to the Commercial Company, an American corporation which had already obtained from my Government the necessary facilities. This request was promptly complied with and my Government was no less prompt in acknowledging this action of the French Republic.

It seems, however, that this permission is only a qualified one, as it is understood that the Commercial Company is required to assent to terms by which the part of their line running from France to Ireland may be purchased on a year’s notice. If such is the case, my Government considers this condition as ‘contrary to the first clause of the agreement of 1880, upon which the French Telegraph Company was allowed to land on the shores of the United States, which clause reads as follows:

“That the company receive no exclusive concession from the Government of France which would exclude any other line which might be formed in the United States from a like privilege of landing on the shores of France and connecting with the inland telegraphic system of that country.”

In instructing me to make proper representations to your excellency in relation to this matter, Mr. Frelinghuysen says, very judiciously—

“If France has a right to affix conditions, she would logically have a right to exclude, which is assuredly contrary to the spirit of the agreement between the two countries.”

I may add that this agreement was also assented to by the French Telegraph Company in a letter to the Secretary of State, dated February 9, 1880, and signed by Mr. Pouyer Quertier. I trust that your excellency will readily acknowledge that these friendly representations are well founded, and that the obnoxious condition above referred to will be dispensed with. Although the Commercial Cable Company might accept the condition indicated, the objection of my Government would nevertheless remain, as it is not made in view of any particular interest, but is one of principle intended to cover all cases.

I avail, &c.,