The Sun.
London, England, 1823-06-09 00:00:00

DOCUMENTS IN SUPPORT OP THE ABOVE
STATEMENT.

To his Excellency Viscount de Chateaubriand, Secretary of
State for.the Department of Foreign Affairs.
Chevalier de Machado, Secretary of his Catholic Majesty,
Treasurer for the funds accruing to Spanish creditors of
France, in conformity with the convention of A print), 1822.
The authorized representative of the Chevalier de Noguera
having presented himself at the Royal Treasury to sit.,,n In my
name the transfer of the last twelfth, which fell in on the Ist of
this month, of the inscription of 703,010 francs renter delivered
to Spain in conformity with the convention of the 30th of April,
182'2, for the payment of debts of Spanish subjects against
France, he was informed that in compliance with an order of
the Minister of Finance the transfer could not take place.
This order, if' it exist, is a violation of the convention of the
30th of April, 182'2, and an act of injustice.
A simple statement of facts will convince your Excellency
of the truth of this assertion.
The Spanish Government and the French Government con-
cluded on the 28th of March, 1818, a convention, by which the
French Government contracted the obligation of paying to the
Spanish Government the sum of 37 millions of francs, to be in-
scribed on the great hook of the public debt of France, for all
the claims of Spanish subjects against France, founded on the
treaty, and the additional article of the '2oth of July, 1814, and
the convention of the 20th of November, 1815.
It was likewise stipulated in the secret convention of 1818,
that the 37 Millions should be divided into two equal parts, one
of which was} lo be delivered to Spain at the same period which
should be fixed for the payment of the demands of other powers
against France,and the other was to remain in trust in 'the
hands of•Conimissioners, appointed by his Most Christian and
by his Most Catholic MAjesty, who were to receive the simple
and compound interest of the money for the benefit of the Spa-
nish subjects, creditors of Spain, until the arrangement of the
claims of French subjects against the Spanish Government should
have been effected, and the means of paying them provided.
The moiety of the 37 millions was, however, never denosited
in the hands of Spanish Commissioners conjointly with those
of France, notwithstanding it was earnestly and repeatedly.de-
manded by Spain ; and consequently one of the principal
clauses of the 34 article of the secret convention of the 28th of
March, 1818, was not executed by France.
Commissioners named by the two Governments afterwards
occupied themselves with fixing, in conformity with article 4
of the said convention, the basis of' a new convention on the de-
scription of the claims of the French subjects against Spain,
and on their mode of arrangement and payment : but not being
able to agree upon all the points in discussion, the two Go-
vernments agreed upon the difficulties which had arisen in the
convention which their plenipotentiaries signed on the 30th of
April, 1822.
At this period the sum retained by France amounted in capital
and interest to 23,819,000 francs in inscriptions on the great
book ; and Spain consented to abandon eight millions of that
sum to satisfy all the claims of' French subjects founded on the
additional article of the treaty of July 30, 1814.
France, on her part, engaged to pay to Spain the surplus of
the whole sum which she (France) had retained.
In fact, France delivered to the Chevalier Nogucra, the com-
missioner of his most Catholic Majesty, an inscription of 703,010
francs rente on the great book, but with this condition—that she
could only pay it in twelfths from month to month.
The Government of his Catholic Majesty repeatedly appealed
and protested against this restriction, but always in vain.
I will not speak to your Excellency of the difficulties which
have been thrown in the way of even this mode of payment. I
will merely confine myself to telling your Exce lency, that
11-12 the having finally been successively transferred from month
to month, the last twelfth has been withheld by order of his
Excellency the Minister of Finance—that is to say, it has been
seiluestrated.
This simple statement of facts will demonstrate to your Ex-
cellency that this order is arbitrary, and becomes a downright
injustice.
In order to make the truth of this assertion quite evident to
your Excellency, I think it my duty to add some observations
to the facts which I have stated.
Ist. The inscription of 703,010 francs rente in the name of
Chevalier Nogucra, is the property of Spanish subjects who are
creditors of France.
2d. As' being the property of individuals, and even by its
nature of inscription on the great book of the public debt of
France, +-hat suns was not subject to sequestration according to
the existing law.
:Q. It signifies,little whether the inscription is in the name
of a ftinctionary of the Spanish Uovernment, because that cir.
cumstance changes in
.no respect the nature of' the property.
4th. As soon as the inscription of the whole of' the rode took
place,- the. lihvy of transferring the property became a neces-
sary conseqtrences
Lat. Therefore' the restriction which was imposed after the
signature of the convention of the 30th of April, of transferring
the inscription only by twelfths, was the more arbitrary and un-
just, because it had not been stiputated in the said convention.
oth. It is impossible that such a condition was imposed with
any ulterior view, without Impugning the good faith of the
Minister who dictated it.
7th. There exists a contrast between the conduct of the
Spanish Government and that of France in this transaction.
The Spanish Government paid all that it owed in one day.
The French Government paid, in the course of 11 months, eleven
twelfths of its debt, and it finally withholds the last payment.
13th. The suns allowed to Spain by the convention of the 211th
of March, 18111, of which that of the 30th of April, 1822, is the
complement to discharge the claims of private individuals
against France, founded on common right, and recognized by
treaties, is the only recompense which Spanish subjects have
obtained for the innumerable evils which they suffered from an
unprovoked war of invasion during six years.
9th. A part of that sum is intended for the payment of se-
questrations and confiscations of Spainsh property made by
France in 1792.
Exßceelliyeinncgyi:pon what I have had the honour to state to your
I appeal to your good faith, and I hope that, tak-
ing into consideration the justice of this clatm, you will be
now had the hiono.ur to lay
her good faith • and I hope
pleasedbefuore ny
your
the
rge
xreitrintildeensr sc
whichyi
Excellency,
ittepdl i)achtaaelvl yteo.
the
intoe
conventionconsi consideration,
fi cutici
es;1170ilfl
imme-
dtliinatte,ityakgiin‘g,e tobridsejrsustocialatu
ill 2
as i
1822, shall
illlahs been by
eexecutetslill; and that France with
eotnhscien
sameecu t 1 scrupulous-
ness d farl
e
socbrsitpatciolenw. arise to the transfer of the last twelfth of the sub-
Upon this occasion I have the honour of transmitting to your
Excellency a letter which his Excellency the Minister Secretary
of State to his most Catholic Majesty ordered nits to forward,
in case the sequestration of the funds in question took place.
To the contents of this letter I need add nothing ; end your
Excellency will perceive in your justice, that his most Catholic
Majesty's Government will be no way responsible for the losses
which his most Christian Majesty's subjects may sustain in case
the rejection of this claim shall compel his most Catholic Ma-
jesty to measures of retaliation.
I embrace this opportunity of assuring your Excellency of
the high consideration with which I have the honour to be, my
Lord Viscount, your Excellency's very obedient humble servant,
Paris, Otis Slay, 1823. (Signed) .1. DE MACIIADO.

The following is the letter alluded to in the precetling,note
My Lord 'Viscount—At the moment when, after the conduct
pursued by the French Government, Spain feels herself cow.
pelled to cease her diplomatic intercourse with France, I have
the honour to address myself directly to your Excellency upon
the subject of the stock ( mites ) belonging to Spanish creditors,
'by the treaty of the 30th April last • although I cannot suspect
that his most Christian Majesty's Government would exhibit
such an example of the violation of the most sacred laws and
rights of nations. as to st the remittance of those rentes which
are still in the power of France, and of which the property no
way belongs to the Government of Spain. Your Excellency's
wisdom and perception will relieve me front the necessity of
going into arguments to shew that neither the cessation of diplo.
matic intercourse between the two Governments, nor any poli-
tical considerations, can have any thing to do with the affair in
question ; that affair resting upon the laws of property, and
upon the most solemn treaties.
The Government of his most Catholic Majesty takes pleasure
to believe that the Government of his most Christian 111aiesty
will put no restraint whatever upon Spanish property, and that
the convention of the 30th of April last will be executed in the
amplest manner.. Under this persuasion, I feel it my duty to
assure your Excellency, in the most positive terms, that Spain
Will, on her part, religiously respect French property ; and that
only in the 14nlooked for ease of a contrary course being adopted
by France, will the Spanish Governtnent (and then with regret)
be obliged to make reprisals upon French property in Spain.
Praying your Excellency to excuse the trouble, and to ac-
cept the assurances of my high consideration, Irani, &C.
c)Signed) iiVARISTE SAN MIGUEL.
Madrid, Fe . 23.
To his Excellency M. de Chateaubriand.

(Corm.--No. 2.)
PREFECTURE OF POLICE, IST DIVISION, IST BUREAU.
(Received the 10th, at 0 p. m.)
Paris, May 10,1023.
Monsieur Machado is requested to repair immediately to the