The President's Message.

TWENTY-THIRD CONGRESS.-SECOND SESSION.

PROCEEDINGS IN THE SENATE.

DECEMBER, 1834.]

The President's Message.

[SENATE.

visions, on questions of general maritime law.

Our newly-established relations with the Sublime Porte promise to be useful to our commerce, and satisfactory, in every respect, to this Government. Our intercourse with the Barbary Powers continues without important change, except that the present polit

isfaction of stating to you that, in preparing the way | new negotiations for a treaty less liberal in its profor the restoration of harmony between those who have sprung from the same ancestors, who are allied by common interests, profess the same religion, and speak the same language, the United States have been actively instrumental. Our efforts to effect this good work will be persevered in while they are deemed useful to the parties, and our entire disin-ical state of Algiers has induced me to terminate the terestedness continues to be felt and understood. The act of Congress to countervail the discriminating duties, levied to the prejudice of our navigation in Cuba and Porto Rico, has been transmitted to the minister of the United States at Madrid, to be communicated to the Government of the Queen. No intelligence of its receipt has yet reached the Department of State. If the present condition of the country permits the Government to make a careful and enlarged examination of the true interests of these important portions of its dominions, no doubt is entertained that their future intercourse with the United States will be placed upon a more just and liberal basis.

The Florida archives have not yet been selected and delivered. Recent orders have been sent to the agent of the United States at Havana, to return with all that he can obtain, so that they may be in Washington before the session of the Supreme Court, to be used in the legal questions there pending, to which the Government is a party.

Internal tranquillity is happily restored to Portugal. The distracted state of the country rendered unavoidable the postponement of a final payment of the just claims of our citizens. Our diplomatic relations will be soon resumed, and the long subsisting friendship with that power affords the strongest guaranty that the balance due will receive prompt attention.

residence there of a salaried consul, and to substitute an ordinary consulate, to remain so long as the place continues in the possession of France. Our first treaty with one of these powers-the Emperor of Morocco was formed in 1786, and was limited to fifty years. That period has almost expired. I shall take measures to renew it with the greatest satisfaction, as its stipulations are just and liberal, and have been, with mutual fidelity and reciprocal advantage, scrupulously fulfilled.

Intestine dissensions have too frequently occurred to mar the prosperity, interrupt the commerce, and distract the Governments of most of the nations of this hemisphere, which have separated themselves from Spain. When a firm and permanent understanding with the parent country shall have produced a formal acknowledgment of their independence, and the idea of danger from that quarter can be no longer entertained, the friends of freedom expect that those countries, so favored by nature, will be distinguished for their love of justice, and their devotion to those peaceful arts, the assiduous cultivation of which confers honor upon nations, and gives value to human life. In the mean time, I confidently hope that the apprehensions entertained, that some of the people of these luxuriant regions may be tempted, in a moment of unworthy distrust of their own capacity for the enjoyment of liberty, to commit the too The first instalment due under the convention of common error of purchasing present repose by beindemnity with the King of the Two Sicilies, has stowing on some favorite leaders the fatal gift of irbeen duly received, and an offer has been made to responsible power, will not be realized. With all extinguish the whole by a prompt payment-an offer these Governments, and with that of Brazil, no unI did not consider myself authorized to accept, as the expected changes in our relations have occurred durindemnification provided is the exclusive property of ing the present year. Frequent causes of just comindividual citizens of the United States. The origi- plaint have arisen upon the part of the citizens of nal adjustment of our claims, and the anxiety dis- the United States; sometimes from the irregular acplayed to fulfil at once the stipulations made for the tion of the constituted subordinate authorities of the payment of them, are highly honorable to the Gov- maritime regions, and sometimes from the leaders or ernment of the Two Sicilies. When it is recollected partisans of those in arms against the established Govthat they were the result of the injustice of an intru- ernments. In all cases, representations have been, sive power, temporarily dominant in its territory, a or will be made; and so soon as their political affairs repugnance to acknowledge and to pay which would are in a settled position, it is expected that our have been neither unnatural nor unexpected, the cir-friendly remonstrances will be followed by adequate cumstances cannot fail to exalt its character for justice and good faith in the eyes of all nations.

redress.

The com

The Government of Mexico made known, in DeThe Treaty of Amity and Commerce between the cember last, the appointment of commissioners and United States and Belgium, brought to your notice in a surveyor, on its part, to run, in conjunction with my last annual Message, as sanctioned by the Senate, ours, the boundary line between its territories and the but the ratifications of which had not been exchanged, United States, and excused the delay for the reasons owing to a delay in its reception at Brussels, and a anticipated-the prevalence of civil war. subsequent absence of the Belgian Minister of For-missioners and surveyors not having met within the eign Affairs, has been, after mature deliberation, time stipulated by the treaty, a new arrangement finally disavowed by that Government as inconsistent became necessary, and our chargé d'affaires was inwith the powers and instructions given to their min- structed, in January last, to negotiate, at Mexico, an ister who negotiated it. This disavowal was entirely article additional to the pre-existing treaty. This inunexpected, as the liberal principles embodied in the struction was acknowledged, and no difficulty was convention, and which form the groundwork of the apprehended in the accomplishment of that object. objections to it, were perfectly satisfactory to the By information just received, that additional article Belgian representative, and were supposed to be not to the treaty will be obtained, and transmitted to this only within the powers granted, but expressly con- country, as soon as it can receive the ratification of formable to the instructions given to him. An offer, the Mexican Congress. not yet accepted, has been made by Belgium to re

The re-union of the three States of New Granada,

Venezuela, and Equador, forming the Republic of Colombia, seems every day to become more improbable. The commissioners of the two first are understood to be now negotiating a just division of the obligations contracted by them when united under one Government. The civil war in Equador, it is believed, has prevented even the appointment of a commissioner on its part.

I propose, at an early day, to submit, in the proper form, the appointment of a diplomatic agent to Venezuela. The importance of the commerce of that country to the United States, and the large claims of our citizens upon the Government, arising before and since the division of Colombia, rendering it, in my judgment, improper longer to delay this step.

Our representatives to Central America, Peru, and Brazil, are either at, or on their way to, their respective posts.

From the Argentine Republic, from which a minister was expected to this Government, nothing further has been heard. Occasion has been taken, on the departure of a new consul to Buenos Ayres, to remind that Government that its long-delayed minister, whose appointment had been made known to us, had not arrived.

[DECEMBER, 1834.

testable validity. The negotiation for this purpose was commenced with the late Government of France, and was prosecuted with such success, as to leave no reasonable ground to doubt that a settlement of a character quite as liberal as that which was subsequently made, would have been effected, had not the revolution, by which the negotiation was cut off, taken place. The discussions were resumed with the present Government, and the result showed that we were not wrong in supposing that an event by which the two Governments were made to approach each other so much nearer in their political principles, and by which the motives for the most liberal and friendly intercourse were so greatly multiplied, could exercise no other than a salutary influence upon the negotiation. After the most deliberate and thorough examination of the whole subject, a treaty between the two Governments was concluded and signed at Paris on the 4th of July, 1831, by which it was stipulated that "the French Government, in order to liberate itself from all the reclamations preferred against it by citizens of the United States, for unlawful seizures, captures, sequestrations, confiscations, or destruction of their vessels, cargoes, or other property, engages to pay a sum of twenty-five millions of francs to the United States, who shall distribute it among those entitled, in the manner and according to the rules it shall determine;" and it was also stipulated on the part of the French Government, that this twenty-five millions of francs should "be paid at Paris in six annual instalments of four million one hundred and sixty-six thousand six hundred and sixty-six francs and sixty-six centimes each, into the hands of such person or persons as shall be author ized by the Government of the United States to receive

It becomes my unpleasant duty to inform you that this pacific and highly gratifying picture of our foreign relations does not include those with France at this time. It is not possible that any Government and people could be more sincerely desirous of conciliating a just and friendly intercourse with another nation, than are those of the United States with their ancient ally and friend. This disposition is founded, as well on the most grateful and honorable recollections associated with our struggle for independence, as upon a well-grounded conviction that it is conso-it." The first instalment to be paid "at the expira nant with the true policy of both. The people of the United States could not, therefore, see, without the deepest regret, even a temporary interruption of the friendly relations between the two countries-a regret which would, I am sure, be greatly aggravated, if there should turn out to be any reasonable ground for attributing such a result to any act of omission or commission on our part. I derive, therefore, the highest satisfaction from being able to assure you that the whole course of this Government has been characterized by a spirit so conciliatory and forbearing, as to make it impossible that our justice and moderation should be questioned, whatever may be the consequences of a longer perseverance, on the part of the French Government, in her omission to satisfy the conceded claims of our citizens.

The history of the accumulated and unprovoked aggressions upon our commerce, committed by the authority of the existing Governments of France, between the years 1800 and 1817, has been rendered too painfully familiar to Americans to make its repetition either necessary or desirable. It will be sufficient here to remark that there has, for many years, been scarcely a single administration of the French Government by whom the justice and legality of the claims of our citizens to indemnity were not, to a very considerable extent, admitted, and yet near a quarter of a century has been wasted in ineffectual negotiations to secure it.

Deeply sensible of the injurious effects resulting from this state of things upon the interests and character of both nations, I regarded it as among my first duties to cause one more effort to be made to satisfy France that a just and liberal settlement of our claims was as well due to her own honor as to their incon

tion of one year next following the exchange of the ratifications of this convention, and the others at successive intervals of a year, one after another, till the whole shall be paid. To the amount of each of the said instalments shall be added interest at four per centum thereupon, as upon the other instalments then remaining unpaid, the said interest to be com puted from the day of the exchange of the present convention."

It was also stipulated, on the part of the United States, for the purpose of being completely liberated from all the reclamations presented by France, on behalf of its citizens, that the sum of 1,500,000 francs should be paid to the Government of France, in six annual instalments, to be deducted out of the annual sums which France had agreed to pay, interest there upon being in like manner computed from the day of the exchange of the ratifications. In addition to this stipulation, important advantages were secured to France by the following article, viz.: “The wines of France, from and after the exchange of the ratifi cations of the present convention, shall be admitted to consumption in the States of the Union, at duties which shall not exceed the following rates by the gallon, (such as it is used at present for wines in the United States,) to wit: six cents for red wines in casks; ten cents for white wines in casks; and twenty-two cents for wines of all sorts in bottles. The proportion existing between the duties on French wines thus reduced, and the general rates of the tariff which went into operation the 1st January, 1829, shall be maintained, in case the Government of the United States should think proper to diminish those general rates in a new tariff.

In consideration of this stipulation, which shall be

binding on the United States for ten years, the French Government abandons the reclamations which it had formed in relation to the 8th article of the treaty of cession of Louisiana. It engages, moreover, to establish on the long staple cottons of the United States, which, after the exchange of the ratifications of the present convention, should be brought directly thence to France by the vessels of the United States, or by French vessels, the same duties as on short staple

[SENATE.

bill was read, and referred to a committee, but there was no further action upon it. The next session of the Chambers commenced on the 26th of April, 1833, and continued until the 26th of June following. A new bill was introduced on the 11th of June, but nothing important was done in relation to it during the session. In the month of April, 1834, nearly three years after the signature of the treaty, the final action of the French Chambers upon the bill to carry the treaty into effect was obtained, and resulted in a re

cottons." This treaty was duly ratified in the manner pre-fusal of the necessary appropriations. The avowed scribed by the constitutions of both countries, and the grounds upon which the bill was rejected, are to be ratification was exchanged at the city of Washington, found in the published debates of that body, and no on the 2d of February, 1832. On account of its observations of mine can be necessary to satisfy Concommercial stipulations, it was, within five days there-gress of their utter insufficiency. Although the gross after, laid before the Congress of the United States, amount of the claims of our citizens is probably greatwhich proceeded to enact such laws favorable to the er than will be ultimately allowed by the commissioncommerce of France as were necessary to carry it into ers, sufficient is, nevertheless, shown, to render it abfull execution; and France has, from that period to solutely certain that the indemnity falls far short of the the present, been in the unrestricted enjoyment of actual amount of our just claims, independently of the valuable privileges that were thus secured to her. damages, and interest for the detention. That the The faith of the French nation having been thus sol- settlement involved a sacrifice, in this respect, was emnly pledged, through its constitutional organ, for well known at the time-a sacrifice which was cheerthe liquidation and ultimate payment of the long-fully acquiesced in by the different branches of the deferred claims of our citizens, as also for the adjust- Federal Government, whose action upon the treaty ment of other points of great and reciprocal benefits was required, from a sincere desire to avoid further to both countries, and the United States having, with collision upon this old and disturbing subject, and in a fidelity and promptitude by which their conduct the confident expectation that the general relations bewill, I trust, be always characterized, done every tween the two countries would be improved thereby. thing that was necessary to carry the treaty into full The refusal to vote the appropriation, the news of and fair effect on their part, counted, with the most which was received from our minister in Paris about perfect confidence, on equal fidelity and promptitude the 15th day of May last, might have been considered on the part of the French Government. In this rea- the final determination of the French Government not sonable expectation we have been, I regret to inform to execute the stipulations of the treaty, and would you, wholly disappointed. No legislative provision have justified an immediate communication of the has been made by France for the execution of the facts to Congress, with a recommendation of such treaty, either as it respects the indemnities to be paid, ultimate measures as the interest and honor of the or the commercial benefits to be secured to the United United States might seem to require. But with the States; and the relations between the United States news of the refusal of the Chambers to make the and that power, in consequence thereof, are placed appropriation, were conveyed the regrets of the King, in a situation threatening to interrupt the good under- and a declaration that a national vessel should be standing which has so long and so happily existed forthwith sent out, with instructions to the French between the two nations. minister to give the most ample explanations of the past, and the strongest assurances for the future. After a long passage, the promised despatch vessel arrived. The pledges given by the French minister, upon receipt of his instructions, were, that as soon after the election of the new members as the charter would permit, the Legislative Chambers of France should be called together, and the proposition for an appropriation laid before them; that all the constitutional powers of the King and his Cabinet should be exerted to accomplish the object; and that the result should be made known early enough to be communicated to Congress at the commencement of the present session. Relying upon these pledges, and not doubting that the acknowledged justice of our claims, the promised exertions of the King and his Cabinet, and, above all, that sacred regard for the national faith and honor for which the French character has been so distinguished, would secure an early execution of the treaty in all its parts, I did not deem it necessary to call the attention of Congress to the subject at the last session.

Not only has the French Government been thus wanting in the performance of the stipulations it has so solemnly entered into with the United States, but its omissions have been marked by circumstances which would seem to leave us without satisfactory evidences that such performance will certainly take place at a future period. Advice of the exchange of ratifications reached Paris prior to the 8th April, 1832. The French Chambers were then sitting, and continued in session until the 21st of that month; and although one instalment of the indemnity was payable on the 2d of February, 1833, one year after the exchange of ratifications, no application was made to the Chambers for the required appropriation, and, in consequence of no appropriation having then been made, the draft of the United States Government for that instalment was dishonored by the Minister of Finance, and the United States thereby involved in much controversy. The next session of the Chambers commenced on the 19th November, 1832, and continued until the 25th April, 1833. Notwithstanding the omission to pay the first instalment had been made the subject of earnest remonstrance on our part, the treaty with the United States, and a bill making the necessary appropriations to execute it, were not laid before the Chamber of Deputies until the 6th of April, nearly five months after its meeting, and only nineteen days before the close of the session. The

I regret to say that the pledges made through the minister of France have not been redeemed. The new Chambers met on the 31st July last; and although the subject of fulfilling treaties was alluded to in the speech from the throne, no attempt was made by the King or his Cabinet to procure an appropriation to carry it into execution. The rea

sons given for this omission, although they might be considered sufficient in an ordinary case, are not consistent with the expectations founded upon the assurances given here, for there is no constitutional obstacle to entering into legislative business at the first meeting of the Chambers. This point, however, might have been overlooked, had not the Chambers, instead of being called to meet at so early a day that the result of their deliberations might be communicated to me before the meeting of Congress, been prorogued to the 29th of the present month-a period so late that their decision can scarcely be made known to the present Congress prior to its dissolution. To avoid this delay, our minister in Paris, in virtue of the assurance given by the French minister in the United States, strongly urged the convocation of the Chambers at an earlier day, but without success. It is proper to remark, however, that this refusal has been accompanied with the most positive assurances, on the part of the Executive Government of France, of their intention to press the appropriation at the ensuing session of the Chambers.

[DECEMBER, 1834.

cut off the trade of France, without, at the same time, in some degree, embarrassing or cutting off our own trade. The injury of such a warfare must fall, though unequally, upon our own citizens, and could not but impair the means of the Government, and weaken that united sentiment in support of the rights and honor of the nation which must now pervade every bosom. Nor is it impossible that such a course of legislation would introduce once more into our na tional councils those disturbing questions in relation to the tariff of duties which have been so recently put to rest. Besides, by every measure adopted by the Government of the United States with the view of injuring France, the clear perception of right which will induce our own people, and the rulers and people of all other nations, even of France herself, to pronounce our quarrel just, will be obscured, and the support rendered to us in a final resort to more deci sive measures will be more limited and equivocal. There is but one point in the controversy, and upon that the whole civilized world must pronounce France to be in the wrong. We insist that she shall pay us a sum of money, which she has acknowledged to be due; and of the justice of this demand there can be but one opinion among mankind. True policy would

The executive branch of this Government has, as matters stand, exhausted all the authority upon the subject with which it is invested, and which it had any reason to believe could be beneficially employ-seem to dictate that the question at issue should be ed.

The idea of acquiescing in the refusal to execute the treaty will not, I am confident, be for a moment entertained by any branch of this Government; and further negotiation upon the subject is equally out of the question.

If it shall be the pleasure of Congress to await the further action of the French Chambers, no further consideration of the subject will, at this session, probably be required at your hands. But if, from the original delay in asking for an appropriation, from the refusal of the Chambers to grant it when asked, from the omission to bring the subject before the Chambers at their last session, from the fact that, including that session, there have been five different occasions when the appropriation might have been made, and from the delay in convoking the Chambers until some weeks after the meeting of Congress, when it was well known that a communication of the whole subject to Congress at the last session was prevented by assurances that it should be disposed of before its present meeting, you should feel yourselves constrained to doubt whether it be the intention of the French Government in all its branches to carry the treaty into effect, and think that such measures as the occasion may be deemed to call for should be now adopted, the important question arises, what those measures shall be.

Our institutions are essentially pacific. Peace and friendly intercourse with all nations are as much the desire of our Government as they are the interest of our people. But these objects are not to be permanently secured, by surrendering the rights of our citizens, or permitting solemn treaties for their indemnity in cases of flagrant wrong, to be abrogated or set aside.

kept thus disencumbered, and that not the slightest pretence should be given to France to persist in her refusal to make payment, by any act on our part affecting the interests of her people. The question should be left as it is now, in such an attitude that, when France fulfils her treaty stipulations, all controversy will be at an end.

It is my conviction that the United States ought to insist on a prompt execution of the treaty, and, in case it be refused, or longer delayed, take redress into their own hands. After the delay on the part of France of a quarter of a century in acknowledging these claims by treaty, it is not to be tolerated that another quarter of a century is to be wasted in negotiating about the payment. The laws of nations provide a remedy for such occasions. It is a well-settled principle of the international code, that where one nation owes another a liquidated debt, which it refuses or neglects to pay, the aggrieved party may seize on the property belonging to the other, its citizens or subjects, sufficient to pay the debt, without giving just cause of war. This remedy has been repeatedly resorted to, and recently by France herself, towards Portugal, under circumstances less unquestionable.

The time at which resort should be had to this, or any other mode of redress, is a point to be decided by Congress. If an appropriation shall not be made by the French Chambers at their next session, it may justly be concluded that the Government of France has finally determined to disregard its own solemn undertaking, and refuse to pay an acknowledged debt. In that event, every day's delay on our part will be a stain upon our national honor, as well as a denial of justice to our injured citizens. Prompt measures, when the refusal of France shall be comIt is undoubtedly in the power of Congress seri-plete, will not only be most honorable and just, but ously to affect the agricultural and manufacturing interests of France by the passage of laws relating to her trade with the United States. Her products, manufactures, and tonnage, may be subjected to heavy duties in our ports, or all commercial intercourse with her may be suspended. But there are powerful, and, to my mind, conclusive objections to this mode of proceeding. We cannot embarrass or

will have the best effect upon our national character.

Since France, in violation of the pledges given through her minister here, has delayed her final ac tion so long that her decision will not probably be known in time to be communicated to this Congress, I recommend that a law be passed, authorizing reprisals upon French property, in case provision shall