The Sun.
London, England, 1835-01-12 00:00:00

repetition either necessary or desirable. It will be sufficient
here to remark that there has for many years been scarcely a
single aaministration 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, ana yet near
a euarter of a century has been wasted in ineffectual negotia-
tions to secure it.

Deeply sensible of the injurious effects resulting from this
state of things upon the interests and character of both na•
tions, I regarded it as among my first duties to cause one more
effort to be made to satisfy France that a just and liberal set-
tlement of our claims was as well due to her own honour as to
their iscontestible 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
'cdoubt that a settlement of a character quite as liberal as that
hich was subsequently made would have been effected, had
mot the revolution, by which the negotiation was cut off, taken
place. The discussions were resumed with the present Go-
vernment, 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
heir 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
-nfluence upon the negotiation. After the most deliberate
and thorough examination of the whole subject, a treaty be-
tween the two Governmentswas 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 the citizens of the United
States for unlawful seizures, captures, sequestrations, confis-
cations, or destruction of their vessels, cargoes, or other pro-
perty, engages to pay a sum of twenty-five millions of francs
to the United States, who shall distribute it among those en-
titled in the manner and according to the rules it shall deter-
mine;" and it was also stipulated on the part of the French
Government that this twentv-five millions of francs should "be
paid at Paris in six annual instalments of four millions one
hundred and sixty-six thousand and six hundred and sixty-six
francs and sixty-six centimes each, into the hands of such per-
son or persons as shall be authorised by the Government of the
United States to receive it." The first instalment to be paid
"at the expiration 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
computed from the day of the exchange of the present con-
vention."

It was also stinulated on the part of the United States for
the purpose of being completely liberated from all the recla-
mations presented by France on behalf of its citizens, that the
sum of one million five hundred thousand francs should be paid
to the Government of France, in six annual instalments, to be
deducted out of the annual instalments, which France had
agreed to pay, interest thereupon being in like manner com-
puted 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 ratifications 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 proportions exist-
ing between the duties on French wines thus reducedand the
general rates of the tariff which went into operation on the
Ist of January, 1829, shall be maintained, in case the Go-
vernment 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 Bth Article of the Treaty of Cessation of Louisiana. It
engages, moreover, to establish on the long staple cottons of
the United States, which, after the exchange of the ratifica-
tions of the present Convention shall be brought directly
thence to France by the vessels of the United States, or by
French vessels,' the same duties as on short staple cottons."
The Treaty was duly ratified in the manner prescribed by
the Constitutions of both countries, and the ratification was
exchanged at the city of Washington on the 2d of February,
1832. On account of its commercial stipulations, it was in
five days thereafter laid before the Congress of the United
States, which proceeded to enact such laws favourable to the
commerce of France as were necessary to carry it into full
execution ; and France has from that period to the present
been in the unrestricted enjoyment of the valuable privileges
that were thus secured to her. The faith of the French nation
having been thus solemnly pledged, through its constitutional
orpin, for the liquidation and ultimate payment of the long-
deferred claims of our citizens, as also the adjustment of other
points of great and reciprocal benefits to both countries ; and
the United States having, with a fidelity and promptitude by
which their conduct will, I trust, be always characterised, done
everything that was necessary to carry the treaty into a full
and fair effect on their part, counted with the most perfect
confidence on equal fidelity and promptitude on the part of the
French Government. In this reasonable expectation we have
been, I regret to inform you, wholly disappointed. No legis-
lative provision has been made by France for the execution of
the treaty, either as it respects the indemnity to be paid or the
commercial benefit to he secured to the United States ; and
the relations between the United States and that Power, in
consequence thereof, are placed in a situation threatening to
interrupt the good understanding which has so long and so
happily existed between the two nations.
Not only has the French government been thus wanting in
the performance of the stipulations it has so solemly entered
into with the United States, but its omissions have been marked
by circumstances which would seem to leave us without satis-
factory evidence that such performance will certainly take
place at a future period. Advice of the exchange of ratifica-
tions reached Paris prior to the Bth of April, 1832. The
French chambers were then sitting, and continued in Ses-
sion until the 21st of that month, and although one of the
instalments 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 dishonoured by the Minister of Fi-
nance, and the United States thereby involved in much con-
troversy. The next Session of the Chambers commenced on
the 19th of November, 1832, and continued until the
25th of 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,
end 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 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 fol-
lowing. 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 sig-
nature of the Treaty, the final action of the French Cham-
bers upon the Bill to carry the Treaty into effect was obtained,
and resulted in a refusal of the necessary appropriations. The
avowed grounds upon which the Bill was rejected are to be
found in the published debates of that body, and no observa-
tions of mine can be necessary to satisfy Congress of their
utter insufficiency. Although the gross amount of the claims
of our citizens is probably greater than will be ultimately al-
lowed by the Commissioners, sufficient is nevertheless shown
to render it absolutely certain that the indemnity falls far short
of the. actua /amount of our just claims, independently of the
question of damages and interest for the detention. That the
settlement involved a sacrifice in this respect was well known
at the time, a sacrifice which was cheerfully acquiesced in by
the different branches of the Federal Government, whose ac-
tion upon the Treaty was required from a sincere desire to
avoid further collision upon this old and disturbing subject,—
and in the confident expectation that the general relations be-
tween the two countries would be improved thereby.
The refusal to vote the appropriation, the news of which was
received from our Minister in Paris about the 15th day of
May last, might have been considered the final determination
of the French Government not to execute the stipulations of
the treaty, and would have.,justified an immediate communica-
tion of the fact to Congress, with a recommendation of such
ultimate measures as the interest and honour of the United
States might seem to require. But with the news of the re-
fusal of the Chambers to make the appropriation were con-
veyed the regrets of the King, and a declaration that a na-
tional vessel should be forthwith sent out, with instructions to
the French Minister to give the most ample explanations of
the past, and the strongest assurances for the future. After a
long passage, the promised dispatch vessel arrived. The
pledges given by the French Minister upon receipt of his in-
structions were, that, as soon after the election of the new
Members as the charter would permit, the Legislative Cham-
bers of France should be called together, and the proposition
for an appropriation laid before them ; and all the constitu-
tional 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 Cabi-
net, and, above all, that sacred regard for the national faith
and honour for which the French character has been so dis-
tinguished would secure an early executiou 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.
I regret to say that the pledges made through the Minister
of France have not been redeemed. The new Chambers met
on the 3lzt of 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 reasons 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 con-
stitutional 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 be-
ing called to meet at so early a day, that the result of their
deliberations might be communicated to me before the meet-
ing of Congress, been prorogued to the 29th of the pre-
sent month, a period so late that their decision can scarcely
be known to the present Congress prior to its dissolution.
To avoid this delay, out- Minister in Paris, in virtue of the
assurance given by the French Minister in the United States,
strongly urg(•d the Convocation of the Chambers at an earlier
day, but without success. It is proper to remark, however,
o'i'` that this refusal has been accompanied with the mcst positive
"-.7."-,''''-='-- - assurances on the part of the Executive Government of Prance
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