Gambar halaman
PDF
ePub

nour to enclose a copy. Yesterday I called on the minister of foreign affairs, and proposed some slight alterations in it, most of which were readily acceded to. Some few points of expression only remain to be far

consummated by the signature of the treaty.

I have the honour to be,
With great respect,

Your most ob'd't serv't,

W. C. RIVES.

ther considered. In a few days To the Hon. EDWARD LIVINGSTON,

more, I have every reason to hope that the matter will be definitively

Secretary of State.

No. 75.

SIR,

Mr. Rives to Mr. Livingston.

Paris, July 8, 1831.

I have the honour to transmit, herewith, the treaty which has been concluded with the government of France. It was reduced to its definitive form on the 30th ultimo ; but the necessity of submitting it to the king, who had just returned from his tour in the eastern departments, and the subsequent absence of the minister of foreign affairs, who accompanied the king in another excursion to Melum and Fontainbleau, on the 2d and 3d instant, prevented its signature till the 4th.

In communicating the result of this long and arduous negotiation, I do not suppose it necessary to en. ter into an analysis of the articles of the treaty, which either sufficiently explain themselves, or are already explained by the details given in my previous despatches. It will be perceived that the whole sum which the French government is to pay on account of the reclamations of citizens of the United States for unlawful seizures, captures, &c., is twenty-eight and a half millions of francs. In regard to the adequacy of this sum to pay the just claims of our citizens, I have already had the honour to re

fer to the despatch of Mr. Galla. tin of the 14th of January, 1822; and beg here to cite the passage of it which relates to this subject.

"Although I have enumerated all the cases within my knowledge, where actual condemnation had not taken place, I must add, that it is possible that some vessels captured, and probably that some burnt at sea whilst the Berlin and Milan decrees were in force, have not yet been definitively condemned. But there can be no expectation that indemnity will ever be obtained either for those, or in any of the cases where there has been such condemnation. From all the documents which I have yet seen, I do not believe that the total amount of this last mentioned class, after deducting the cases where the destination of the vessels was concealed, enemy's property covered, or which might generally afford plausible grounds of condemnation, can exceed two millions of dollars in value. The Danish prizes, and the vessels and cargoes seized at Naples, are not included in that estimate. The amount of sequestrations and vessels burnt at sea, where no condemnation has taken place, may be estimated at about three millions of dollars. This last estimate cannot

be far from the truth, since we know the amount of the two largest claims, the St. Sebastian and the Antwerp sequestrations. The answer which this government may give to my last note, will show whether we have any thing to expect from its justice in any case whatever; for, if the Antwerp claim is rejected, there can be no expectation that they will voluntarily allow any other."

If the opinion here expressed be correct, and certainly none enjoys, or is entitled to more respect, the sum stipulated to be paid by the French government will be amply sufficient to satisfy all the just claims of our citizens, of every description, comprehended in the scope of the negotiation.

The schedules founded on state. ments of the claimants, which have from time to time been presented to congress, carry the amount of the claims much higher; but, for obvious reasons, they are not a safe guide, either in regard to the validi. ty or the amount of the claims. During the past winter, I put these schedules into the hands of a most intelligent countryman, whose prac. tical acquaintance with such sub. jects, and a personal knowledge of many of the transactions themselves, derived from a residence in Europe at the time, gave particular value to his opinion. He communicated to me the result of his examination in a letter, a copy of which, as showing the large deductions to be made from the schedules, and as containing other observations which may be found useful in the ultimate investigation of the claims, I herewith transmit.

The result which has been gained in the interest of the claimants has not been achieved without the greatest difficulty. The corres. pondence of Mr. Crawford, of Mr.

Gallatin, and of Mr. Brown, with the department of state, (the unfa. vourable parts of which have, for obvious reasons, not heretofore been given to the public,) shows that they regarded this whole subject as almost entirely hopeless. The dif ficulties, instead of being diminished, have been increased by the recent revolution here; the causes of which have been hinted at in several of my previous despatches, and particularly in that of the 8th August, 1830. The more popular genius of the new government, in creating a greater tender. ness for the public purse, and stronger sympathies with the interests of the tax-payers, has itself been a serious obstacle; to which have been added the pressure of extreme financial embarrassments, and the absorbing pre-occupation of European politics.

An arrangement which, amid so many difficulties, has secured for claims of our citizens (prosecuted in vain for the last twenty years, and a large portion, if not the whole, of which has been considered as desperate) a sum sufficient, in all probability, to pay every cent justly due, and nearly treble the amount pronounced to be due by the commission charged with their examination here, which has, at the same time, extinguished claims of French subjects against the United States to the amount of near five millions of francs, by a stipulation to pay a million and a half; and has finally gotten rid of a most embarrassing claim (founded on the language of a treaty) of perpetual privileges in the ports of one of the states of the union, by a temporary measure intrinsically advantageous to our selves, and in the definitive settle. ment of these unpleasant questions, has laid a lasting foundation of harmony and friendship between two

countries having the most important common interests, political and commercial: an arrangement marked by these features cannot, I trust, fail to be satisfactory, and to justify the responsibility which, under the

in the progress and termination of
this complex negotiation.
I have the honour to be,
With great respect,

Your most obedient servant,
W. C. RIVEs.

discretionary powers the president To the hon. EDWARD LIVINGSTON,

has been pleased to confide to me, I have not hesitated to assume, both

Secretary of State.

No. 78.

SIR,

Mr. Rives to Mr. Livingston.

Paris, September 28, 1831.

It has occurred to me that it might not be altogether without uti lity to furnish you some additional explanations respecting a clause of the 7th article of the treaty concluded with this government on the 4th July last. That article, after providing for a reduction of the duties on French wines, to the rates therein specified, for a term of ten years, adds "that the proportion existing between the duties French wines thus reduced, and the general rates of the tariff which went into operation on 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."

on

The minister of foreign affairs insisted on this addition as a sine qua non of the execution of the treaty.

He said that, without it, the stipulation to reduce the duties on French wines would be perfectly nugatory, as the United States might immediately, after reducing the duties on French wines to the rates agreed upon, make a very large reduction in the duties on the wines of other countries, and thus

place the wines of France, relatively to those of other countries, in a much more disadvantageous position than ever. Feeling, myself, the justness of this observation, and the minister of foreign affairs declaring that, without the insertion of the clause in question, he could not sign the treaty, I saw no occasion for making a serious difficulty of it on my part.

At the same time, I did not lose sight of what is said in the instructions addressed to me on the 30th November, 1830; which, while sanctioning the proposition I had informally made to Monsieur Polignac respecting a reduction of duties on the wines of France, added that

66

proper care should be taken that the stipulation for this reduction of duties does not conflict with our engagements to other nations, by which we are bound to impose no higher duties upon articles the produce of the soil or industry of those nations, than upon similar articles of other nations when imported into the United States.”

If the views presented in my despatch of 20th May, 1830, res. pecting the unequal rates of the existing duties on the wines of France and those of other countries, be correct, as they are believed to be, W w

the effect of the stipulated reduction in the duties on French wines will be, not to admit them on more favourable terms than those of other countries, but simply to restore them to a just equality.

But a consideration not less conclusive is, that we have no engage. ment, of the kind referred to, with any wine-growing country.

The only countries with which we have entered into a stipulation to levy "no higher or other duties on their productions than are or shall be payable on the like articles the produce or manufacture of other foreign countries," are Great Britain, (in reference to her European possessions only,) Prussia, Denmark, Sweden, the Hanseatic Republics, Austria, and perhaps some of the South American States. With Spain and Portugal, the principal wine-growing countries after France, we have no such stipulations. Of the countries above enumerated, none produce wine, unless the small quantity made in the Rhenish provinces of Prussia should be thought to make it an exception.

It is with that country only, then, that any question could, by possibility, arise respecting our agreement to reduce the duties on French wines. Conceding even that the stipulation of equal treatment to her productions would oblige us to

consideration to another power, and also that the wines of her provinces are, in the language of the treaty with her, like (mêmes) articles with the wines, so peculiar and distinct, of France, her reclamations, if any should be made, (which is highly improbable,) might be satisfied by a correspondent reduction of duties on the wines of the Prussian provinces on the Rhine, without giving to France, in the terms of the stipulation made with her, a right to call for a farther reduction of duties on French wines; for it is only in case the government of the United States should diminish the "general rates" of the tariff in foreign wines, that France would be entitled to a farther proportional reduction on hers.

I have thought it proper to furnish you these explanations, (which the numerous other matters crowding upon my attention, at the time of sending the treaty, prevented me from then communicating,) not beCause I suppose them to be absolutely necessary, but ex abundanti cautela, and with a desire to possess you of every circumstance which might, by possibility, be deemed useful in estimating its pro

visions.

I have the honour to be,
With great respect,
Your most ob't serv't,

W. C. RIVEs.

extend to her, without any equiva- To the hon. EDWARD LIVINGSTON,

lent whatever, a reduction of duties

granted for a special and valuable

Secretary of State.

II. FOREIGN.

NEW-GRENADA.

MESSAGE of PRESIDENT SANTANDER, at the opening of the Congress.

Fellow Citizens of the Senate,

and House of Representatives, The representative government adopted by New-Grenada, would be a mere form, were you not authorized to express the will of the nation, and to investigate the conduct of all its agents. The people of Grenada have sent you to inquire into its wants, to supply them if in your power, to revise and improve the laws, and bring nearer to perfection that system which it has cost so much to rear. It is my duty to aid you in this difficult task, by laying before you a statement of the political and military situation of our country, its revenues, its expenses and resources; with a sketch of those ameliorations and reforms, which may be introduced into each branch of the administration. This duty I shall fulfil with that sincerity and candour which is required for the advantage of the country, the character of the government, and my own honour; leaving it to the secretaries of state to inform you of the particulars relating to their several departments. Should the picture which I shall present, not prove, on all points, as flattering as we could desire, yet no charge of dishonour can, on that account, be laid against our country; twenty-three years of war, discord and disaster, form a sufficient apology, if the results of the glorious enterprise which we commenced in 1810, be not so great as was then expected. But if the beneficial effects already produced by our independence, and those which we have begun to experience,

since the re-establishment of the laws, offer any assurance of future prosperity, New-Grenada must obtain those advantages which it sought when the yoke of Spain was thrown off, and a government substituted without a throne, aristocracy, or privileges; a government founded on the principle of national sovereignty, and the system of popular representation. The strength and stability of this government are not to be appreciated solely by the time which it has already endured, but by the nature of the institutions, by the progress made towards the attainment of the great ends of society, by the feelings of true patriotism which it has excited, by the sympathy which it has created abroad.

Our foreign relations have been, of course, affected by the political situation in which imperious circumstances have placed us. On the dissolution of the republic of Colombia, New-Grenada respected the treaties which had been concluded with the United States, Great Britain and Holland, recognising, to the fullest extent, the obligations contracted with each; and though the agents of all those powers with which Colombia had entered into diplomatic correspondence, have continued to reside in this capital, thus acknowledging de facto the system adopted by our republic, France alone has as yet formally accredited a chargé d'Affaires to the Gre nadian government. A provisional treaty of amity and commerce has, in consequence, been concluded with

« SebelumnyaLanjutkan »