The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-02-12 00:00:00

FEBI:UItAir 12-,

AMERICA AND FRANCE.

The following is a copy of a special message from the
President of the United States :
TO THE SENATE AND HOUSE OF REPRESENTATIVES-
GENTLEMEN,--111 my message at the opening of your session,'
I informed you that our Charge d'Affaires at Paris had been in-
structed to ask fur the final determination of the French Go-
vernment, in relation to the payment of the indemnification, se-
cured by the treaty of the dth of July, 1831, and that when ad-
vices on the result should be received, it would be made the
subject of a special communication.
In execution of this design, I now transmit to you the papers,
numbered from 1 to 13 inclusive, containing, among other
things, the correspondence on this subject between our Charg&
d'Affaires and the French Minister for Foreign Affairs from
which it will be seen that France requires, as a condition prece-
dent to the execution of a treaty unconditionally ratified, and
to the payment of a debt acknowledged by all
fire branches of
her government to be due, that certain explanations shall be
made, of which she dictates the terms. These terms are such
as that government has already been officially informed cannot
be complied with; and, if persisted in they must be considered
as a deliberate refusal on the part of France to fulfil engage-
smeuts binding by the laws of nations and held ' sacred by the
whole civilized world. The nature of the act which France
requires from this government is clearly set forth in the letter
of the French minister, marked. No. 4. We will pay the mo-
ney, says he, when the " Government of the United States is
ready, on its part, to declare to us, by addressing its claims to
us officially, in writing, that it regrets the misunderstanding
which has arisen between the two countries; that this misun-
derstanding is founded on a mistake ; that it never entered into
its intention to call in question the good faith of the French
government, nor to take a menacing attitude towards France ;"
and he adds, "if the government of the United. States does not
give this assurance, we shall be obliged to think that this iris-
understanding is not the result of au.error." In the letter
marked No. 6, the French minister also remarks that "the
government of the United States knows that upon itself de-
pends henceforward the execution, of the treaty. of July 4,
1831."
Obliged by the precise- language thus used by the French
minister to view it ago peremptoi y refusal to execute the treaty,
except on terms incompatible with the 'honour and independ-
ence of the United States, and persuaded that, an considering
the correspondence now submitted to you, you can regard it itt
no other light, it becomes my duty- to. call your attention to
such measures as the exigency of the case demands, if the ,
claim of interfering in the commanii-:ations between. the differ-
ent branches of our government shall be persisted in. This
pretension is rendered the more reasonable by the fact that the
substance of the requited explanation lies been repeatedly' and •
voluntarily given before it was insisted-on as it eonditiou--:.a -
• condition the more' humiliating because it is demanded as..the .
equivalent of apecnniary consideration. Does France desire
only a declaration that we had no intention to obtain our rights
by an address to her fears rather than to herjestice ? She has
already had it, frankly and explicitly given by our minister, ac-
credited to her government, his act ratified by me, and my con-
firmation of it Officially communicated by him, in Isis letter to
the French Minister for Foreign Affairs, of the 25th of April,
1835, and repeated by my published approval of that letter after
the passage of the Bill of Indemuilication. Does France want
a degrading, servile, repetition of this act, in terms which she
shall dictate, and which will involve anacknowledgement of her
assumed right to interfere in our domestic concerns ; She will
never obtain it. The spirit of the American people, the dignity
of the Legislature, and the firm resolve of their Executive Go-
vernment, forbid it.
As the answer of the French minister to our Char 4 d'Af-
faires at Paris contains an allusion to a letter addressed by hint
to the representative of France at this place, it now becomes
proper to lay before VOll the correspondence had between that
functionary and the 'Secretary of State relative to that letter,
and to accompany the same with such explanations as will en-
able you to understand the course of the executive in regard to
it. Recurring to the historical statement made at the_ com-
mencement of your session, of the origin and progress of our
difficulties with France, it will be recollected that, on the return'
of our minister to the United States, I caused my official
approval of the explanations he had given to the French Mi-
nister for Foreign Affairs to be made public. As the French
government had noticed the message without its being officially
communicated, it was not doubted that, if they were disposed to
pay the money due to us, they would notice any public, expla-
nation of the government of the United States in the same way.
But, contrary to these well-founced expectations, the French
ministry did not take this fair opportunity to relieve themselves
from their unfortunate position, and to do justice to the United
States.
W hilst, however, the government of the United States was
waiting the movements of the French government, in perfect
confit e that the difficulty was at an end, the Secretary of
War 'food acall 'frein the French Chargé d'Affaires in
vo
Washi ' ' n, who desired to read him a letter he had received
from the rench Minister of Foreign Affairs. He was asked
whether he was instructed or directed to make any official com-
munication, and replied that he was only authorised to read the
letter and furnish a copy if requested. The substance of its
contents, it is presumed, may be gathered from Nos. 4 and G
herewith transmitted. It was an attempt to make known to the
government of the United States, privately, in what manner it
would make explanations. apparently voluntary, but really dic-
tated by France, acceptable to her, and thus obtain payment of
the 25,000000 of francs. No exception was taken to this mode
of communication, which is often used to prepare-the way for
official intercourse, but the suggestions made in it were in their ."
substance wholly inadmissible. Not being in the shape of an
official communication to' the' government, it did not admit of
reply or official'notice, nor could' it safely be made the basis of
any action by the executive or the legislature; and the Secre-
tary of State did not think proper to ask a copy, because he
could have no use for if.
Copies of papers, marked numbers 9,10, and 11, show an at-
tempt on the part of the French Charge d'Affaires, many
weeks afterwards; to place a copy of this paper among the
archives of this goiresiontisht, whit% for. obvious reasons. wasmot
allowed to be donat,imt the assurance before given was repeat-
ed, that any official itommunication silk+ he mtgbt be with°-
, rised to make in the aceuslomen.form would receive e prompt
and just consideration. The' indiscretion bf this attempt was
made more manifest by the subsequent avowal .of •the French
Charge d'Affaires, that the object was tobring this letter before
Congress and the American people. If foreign agents, on a
subject of disagreement between their government and this,
wish to prefer an appeal to the American people, they will here-
after, it is hoped, better appreciate their own rights, and the re-
spect due to othefs; than tuotternpt to use the executive as the
passive organ of their cummutaiNutious,..,.
It is due to the character of our iimStitutions, that the diplo-
matic intercom.* of this government 'should be conducted with
the utmost directness :and simplicity, ,and that in_all cases of
importance the cinnevinications received or made by the ex-
ecutive should assume. the accustomed official form. It is only
by insistingon this fatin that foreign powers can be held.to full
responsibility; that their communications can be officially re-
plied to; or that the advice or interference of the legislature
propriety, be invited by the President. This course
is can,al with
t
itlhe best calcmilated, on the one hand, to shield that ofil-
s
cer from unjust suspicions, and, on the .other," to subject this
' portion of his acts to public scrutiny; and, if occasion shcatl4.
require it, to constitutional animadversion. It was the more
necessary to adhere to these principles in the instance-in ques- •
tion, inasmuch as, in addition to other important interests, it
very intimately 'oncerned the national honour; a- matter, in
my judgment, much:: too sacred to be made the subject of pri-
vate and unofficial negotiation.
It [.ill be perceived that this letter of the French Minister of
Foreign Affairs was read to the Secretary of State on the 11th
of September last. This was the first authentic information of
the specific views of the French government, received by the
government of the United States after the passage of the bill of
indemnification. Inasmuch as the letter had been written be-
fore the official notice of my approval of Mr. Livingston's last
explanation and remonstrance could have reached Paris, jest
Fround of hope was left, as has been before stated, 'that the
rench government on receiving this information, in the same
manner the alleged offending message had reached them, would-
desist from their extraordinary demand, and pay the money wi
once. To give them an opportunity to do so, and, at all events,
to elicit their final determination, and the ground they intended
to occupy, the instructions were given to our Charge d'Affaires •
which were adverted to at the connneucetnent of the. present
session of Congress. The result, as you. have seen, is a de-
mand of an official written expression of regret, and a direct
explanation addressed to France, with a distinct intimation that
this' is a sine qua non;
Mr. Barton having, in pursuance of his instructions, returned
to the United States, and the charge d'affaires of France having
been recalled, all diplomatic intercourse between the two
countries is suspended—a state of things originating in an un-
reasonable susceptibility on the part of tho French government
and rendered necessary on .outs part by their refusal to,perfect%
ingageinents containtsil is a treaty from time faithful perform«
ante of which by us they ere to thus day enjoying many Imps-
tant commercial advantages. ..'-, •
It is time that this unequal position of affairs shoulstecese,
and tbat legislative action should be broughtto sustain execu-
tive exertion in such measures as the case reqUires. ' While
France persists in her refusal to comply With the terms ea
treaty, the object of which was, by removing all causes of inns
tual complaints, to renew ancient 'feelings of friendship, and to ,
..
unite the two nations in the bonds of amity, and of a menially
beneficial commerce, she cannot justly complain if we adoit --
such peaceful remedies as the law. of nations and the eirctini-
stances of the case may authorise and demand. Of.thenetnre.
of these remedies I have heretofore had occasion to speak,
and,,' ,
in reference to a particular contingency, to 'expressmt cosiviel"
~,:,
Lion that reprisals would be best adapted tothe emergent,' then ' •
contemplated. Since that period, France, by all the depart-
ments of her government, has. acknowledged the validity of our
claims, and the obligations of the treaty, and has upproP;ia.ted
..
the moneys which ere necessary to its execution; and though '
payment is withheld on grounds vitally important tei- our 'exist. •• .
ence as an independent nation;'it is not to be believed that she
can have determined permaneetly to retain opositien so utterly
indefensible. In the altered state of the questions in contro-
versy, and under all' existing :eircurnstancee, it appears -to nie,
that, until such a determination shall babe become evident, it
will be sufficient to retaliate bar present refusalto comply with
her engagements, by prohibiting the introduction of French
products and the entry of French vessels into our ports. Be,
tween this and the interdiction of all commercial intercoutie.' . -
or other remedies, you, as the representatives of the 'people - • must determine. lrecommend the former, in the present pas-. , j
ture of oar affairs, as being the least injurious to our con-mmerce,
and as attended with the least difficulty of returning to the usua&"
state of friendly intercourse,. if the government of France shall,
render us the least injustice that is due, and also as a proper
preliminary step to stronger measures, should their adoption be rendered necessary by subsequent events.. ~:f
•
The return of our Charge d'Affaires is attended with p bl. "
u io ~f„ notices of naval preparations on the part of France, destined'', ",,,. for our seas. Of the cause and intent of these artnements I's 144 have no authentic information; nor any means of judging, ex-
cept such as are cemtoott to yourselves and to the public; but
m
whatever may be their object, we ere taut at liberty to Tegat4,- .
them as unconnected With tho rasiksureti which liogile 4/mot,'
ments on the part of France may compel us to pursue. Thor'
at least deserve to be met by adequate preparation on our part,-
and therefore I strongly urge large and speedy appropriations
for the increase of the navy, and the completion of our coast
defences.

•
If this array of military force he really designed to affect the
action of the government and people of the United States, on
the questions now pending between the two nations, then In-
deed would it be dishonourable to pause a moment on al-
ternative which such a state of affairs would present to no.
Come what may, the explanation which France demands can
never be accorded ; and no armanent, however powerful and
imposing at a distance, or on our coast, will, I trust, deter ut
from dischargin the high duties we owe to our constituents,
tu our national c a .cter, and to the would.
The House of 1 epresentatives, at the close of the last Ses-
sion of Congress, unanimously resolved that the treaty of 'the
4th of July, 1831, should .be maintained, and its execution in-
sisted on by the United States. It is due to the Welfare" of the
human race, not less than to our own interests and . honour, +Num,.
that this resolution should, at all hazards, be adhered to. lf, ;
after so signal an example as that given Ly the American peo-
ple, during their long-protracted difficulties with France, of ./9"'1.7
forbearance under accumulated atongs;antuf generous eon- ,1-stud
lideuce in her ultimate return to juptice, she Atm