D. SHELDON.

[Extracts of a letter from the Secretary of State to Mr. Brown, dated

Washington, December 23, 1823.]

You will immediately after your reception earnestly call the attention

of the French Government to the claims of our citizens for indemnity.

You will at the same time explicitly make known that this Government

can not consent to connect this discussion with that of the pretension

raised by France on the construction given by her to the eighth article

of the Louisiana cession treaty. The difference in the nature and

character of the two interests is such that they can not with propriety

be blended together. The claims are of reparation to individuals for

their property taken from them by manifest and undisputed wrong. The

question upon the Louisiana treaty is a question of _right_ upon the

meaning of a contract. It has been fully, deliberately, and thoroughly

investigated, and the Government of the United States is under the

entire and solemn conviction that the pretension of France is utterly

unfounded. We are, nevertheless, willing to resume the discussion if

desired by France; but to refuse justice to individuals unless the

United States will accede to the construction of an article in a treaty

contrary to what they believe to be its real meaning would be not only

incompatible with the principles of equity, but submitting to a species

of compulsion derogatory to the honor of the nation.

[Extract of a letter (No. 2) from James Brown, envoy extraordinary and

minister plenipotentiary of the United States, dated April 28, 1824.]

I have in a letter to M. de Chateaubriand, copy of which I have now the

honor to send, made an effort to separate the claims of our citizens

from the Louisiana question.

_Mr. Brown to M. de Chateaubriand_.

PARIS, _April 28, 1824_.

His Excellency VISCOUNT DE CHATEAUBRIAND,

_Minister of Foreign Affairs, etc_.

SIR: In the conference with which your excellency honored me a few

days ago I mentioned a subject deeply interesting to many citizens

of the United States, on which I have been instructed to address your

excellency, and to which I earnestly wish to call your immediate

attention.

It is well known to your excellency that my predecessor, Mr. Gallatin,

during several years made repeated and urgent applications to His

Majesty's Government for the adjustment of claims to a very large

amount, affecting the interests of American citizens and originating in

gross violations of the law of nations and of the rights of the United

States, and that he never could obtain from France either a settlement

of those claims or even an examination and discussion of their validity.

To numerous letters addressed by him to His Majesty's ministers on that

subject either no answers were given or answers which had for their only

object to postpone the investigation of the subject. Whilst, however,

he indulged the hope that these delays would be abandoned, and that the

rights of our citizens, which had been urged for so many years, would at

length be taken up for examination, he learned with surprise and regret

that His Majesty's Government had determined to insist that they should

be discussed in connection with the question of the construction of

the eighth article of the Louisiana treaty of cession. Against this

determination he strongly but ineffectually remonstrated in a letter

to Mr. De Villele, dated the 12th November, 1822.

It is notorious that the Government of the United States, whenever

requested by that of His Majesty, have uniformly agreed to discuss any

subject presented for their consideration, whether the object has been

to obtain the redress of public or private injuries. Acting upon this

principle, the question of the eighth article of the Louisiana treaty

was, upon the suggestion of the minister of France, made the subject of

a voluminous correspondence, in the course of which all the arguments

of the parties respectively were fully made known to each other and

examined. The result of this discussion has been a thorough conviction

on the part of the Government of the United States that the construction

of that article of the treaty contended for by France is destitute of

any solid foundation and wholly inadmissible. After a discussion so

full as to exhaust every argument on that question, the attempt to

renew it in connection with the question of the claims of our citizens

appeared to the Government of the United States to be a measure so

contrary to the fair and regular course of examining controverted

points between nations that they instructed Mr, Sheldon, their chargé

d'affaires, to prepare and present a note explaining their views of the

proceeding, which he delivered on the 11th of October, 1823. To this

note no answer has ever been received.

I have the express instructions of the Government again to call the

attention of that of His Majesty to this subject, and to insist that

the claims of our citizens may continue to be discussed as a distinct

question, without connecting it in any way with the construction of the

Louisiana treaty. The two subjects are in every respect dissimilar. The

difference in the nature and character of the two interests is such as

to prevent them from being blended in the same discussion. The claims

against France are of reparation to individuals for their property taken

from them by undisputed wrong and injustice; the claim of France under

the treaty is that of a right founded on a contract. In the examination

of these questions the one can impart no light to the other; they are

wholly unconnected, and ought on every principle to undergo a distinct

and separate examination. To involve in the same investigation the

indisputable rights of American citizens to indemnity for losses and

the doubtful construction of a treaty can have no other effect than to

occasion an indefinite postponement of the reparation due to individuals

or a sacrifice on the part of the Government of the United States of a

treaty stipulation in order to obtain that reparation. The United States

would hope that such an alternative will not be pressed upon them by the

Government of His Majesty.

Whilst I indulge a hope that the course to which I have objected will no

longer be insisted on by His Majesty's ministers, permit me to renew to

your excellency the sincere assurance that the United States earnestly

desire that every subject of difference between the two countries should

be amicably adjusted and all their relations placed upon the most

friendly footing. Although they believe that any further discussion of

the eighth article of the Louisiana treaty would be wholly unprofitable,

they will be at all times ready to renew the discussion of that article

or to examine any question which may remain to be adjusted between them

and France.

A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe · 第 407 / 442 题