On entering upon the duties of my station I found the United States an

unsuccessful applicant to the justice of France for the satisfaction of

claims the validity of which was never questionable, and has now been

most solemnly admitted by France herself. The antiquity of these

claims, their high justice, and the aggravating circumstances out of

which they arose are too familiar to the American people to require

description. It is sufficient to say that for a period of ten years and

upward our commerce was, with but little interruption, the subject of

constant aggression on the part of France--aggressions the ordinary

features of which were condemnations of vessels and cargoes under

arbitrary decrees, adopted in contravention as well of the laws of

nations as of treaty stipulations, burnings on the high seas, and

seizures and confiscations under special imperial rescripts in the

ports of other nations occupied by the armies or under the control of

France. Such it is now conceded is the character of the wrongs we

suffered--wrongs in many cases so flagrant that even their authors

never denied our right to reparation. Of the extent of these injuries

some conception may be formed from the fact that after the burning of a

large amount at sea and the necessary deterioration in other cases by

long detention the American property so seized and sacrificed at forced

sales, excluding what was adjudged to privateers before or without

condemnation, brought into the French treasury upward of 24,000,000

francs, besides large custom house duties.

The subject had already been an affair of 20 years' uninterrupted

negotiation, except for a short time when France was overwhelmed by the

military power of united Europe. During this period, whilst other

nations were extorting from her payment of their claims at the point of

the bayonet, the United States intermitted their demand for justice out

of respect to the oppressed condition of a gallant people to whom they

felt under obligations for fraternal assistance in their own days of

suffering and peril. The bad effects of these protracted and unavailing

discussions, were obvious, and the line of duty was to my mind equally

so.

This was either to insist upon the adjustment of our claims within a

reasonable period or to abandon them altogether. I could not doubt that

by this course the interests and honor of both countries would be best

consulted. Instructions were therefore given in this spirit to the

minister who was sent out once more to demand reparation.

Upon the meeting of Congress in December, 1829, I felt it my duty to

speak of these claims and the delays of France in terms calculated to

call the serious attention of both countries to the subject. The then

French ministry took exception to the message on the ground of its

containing a menace, under it was not agreeable to the French

Government to negotiate. The American minister of his own accord

refuted the construction which was attempted to be put upon the message

and at the same time called to the recollection of the French ministry

that the President's message was a communication addressed, not to

foreign governments, but to the Congress of the United States, in which

it was enjoined upon him by the Constitution to lay before that body

information of the state of the Union, comprehending its foreign as

well as its domestic relations, and that if in the discharge of this

duty he felt it incumbent upon him to summon the attention of Congress

in due time to what might be the possible consequences of existing

difficulties with any foreign government, he might fairly be supposed

to do so under a sense of his own Government, and not from any

intention of holding a menace over a foreign power.

The views taken by him received my approbation, the French Government

was satisfied, and the negotiation was continued. It terminated in the

treaty of July 4th, recognizing the justice of our claims in part and

promising payment to the amount of 25,000,000 francs in six annual

installments.

The ratifications of this treaty were exchanged at Washington on the

second of February, 1832, and in five days thereafter it was laid

before Congress, who immediately passed the acts necessary on our part

to secure to France the commercial advantages conceded to her in the

compact. The treaty had previously been solemnly ratified by the King

of the French in terms which are certainly not mere matters of form,

and of which the translation is as follows: WE, approving the above

convention in all and each of the dispositions which are contained in

it, do declare, by ourselves as well as by our heirs and successors,

that it is accepted, approved, ratified, and confirmed, and by these

presents, signed by our hand, we do accept, approve, ratify, and

confirm it; promising, on the faith and word of a king, to observe it

and to cause it to be observed inviolably, without ever contravening it

or suffering it to be contravened, directly or indirectly, for any

cause or under any pretense whatsoever. Official information of the

exchange of ratifications in the United States reached Paris whilst the

Chambers were in session. The extraordinary and to us injurious delays

of the French Government in their action upon the subject of its

fulfillment have been heretofore stated to Congress, and I have no

disposition to enlarge upon them here. It is sufficient to observe that

the then pending session was allowed to expire without even an effort

to obtain the necessary appropriations; that the two succeeding ones

were also suffered to pass away without anything like a serious attempt

to obtain a decision upon the subject, and that it was not until the

fourth session, almost three years after the conclusion of the treaty

and more than two years after the exchange of ratifications, that the

bill for the execution of the treaty was pressed to a vote and

rejected.

In the mean time the Government of the United States, having full

confidence that a treaty entered into and so solemnly ratified by the

French King would be executed in good faith, and not doubting that

provision would be made for the payment of the first installment which

was to become due on the second day of February, 1833, negotiated a

draft for the amount through the Bank of the United States. When this

draft was presented by the holder with the credentials required by the

treaty to authorize him to receive the money, the Government of France

allowed it to be protested. In addition to the injury in the nonpayment

of the money by France, conformably to her engagement, the United

States were exposed to a heavy claim on the part of the bank under

pretense of damages, in satisfaction of which that institution seized

upon and still retains an equal amount of the public money.

Congress was in session when the decision of the Chambers reached

Washington, and an immediate communication of this apparently final

decision of France not to fulfill the stipulation of the treaty was the

course naturally to be expected from the President. The deep tone of

dissatisfaction which pervaded the public mind and the correspondent

excitement produced in Congress by only a general knowledge of the

result rendered it more than probable that a resort to immediate

measures of redress would be the consequence of calling the attention

of that body to the subject. Sincerely desirous of preserving the

pacific relations which had so long existed between the two countries,

I was anxious to avoid this course if I could be satisfied that by so

neither the interests nor the honor of my country would be

compromitted. Without the fullest assurances on that point, I could not

hope to acquit myself of the responsibility to be incurred in suffering

Congress to adjourn without laying the subject before them. Those

received by me were believed to be of that character.

That the feelings produced in the United States by the news of the

rejection of the appropriation would be such as I have described them

to have been was foreseen by the French Government, and prompt measures

were taken by it to prevent the consequence. The King in person

expressed through our minister at Paris his profound regret at the

decision of the Chambers, and promised to send forthwith a ship with

dispatches to his minister here authorizing him to give such assurances

as would satisfy the Government and people of the United States that

the treaty would yet be faithfully executed by France.

The national ship arrived, and the minister received his instructions.

Claiming to act under the authority derived from them, he gave to this

government in the name of his the most solemn assurances that as soon

after the new elections as the charter would permit the French Chambers

would be convened and the attempt to procure the necessary

appropriations renewed; that all the constitutional powers of the King

and his ministers should be put in requisition to accomplish the

object, and he was understood, and so expressly informed by this

Government at the time, to engage that the question should be pressed

to a decision at a period sufficiently early to permit information of

the result to be communicated to Congress at the commencement of their

next session. Relying upon these assurances, I incurred the

responsibility, great as I regarded it to be, of suffering Congress to

separate without communicating with them upon the subject.

The expectations justly founded upon the promises thus solemnly made to

this Government by that of France were not realized. The French

Chambers met on the thirty-first of July, 1834, soon after the

election, and although our minister in Paris urged the French ministry

to bring the subject before them, they declined doing so. He next

insisted that the Chambers, of prorogued without acting on the subject,

should be reassembled at a period so early that their action on the

treaty might be known in Washington prior to the meeting of Congress.

This reasonable request was not only declined, but the Chambers were

prorogued to the 29th of December, a day so late that their decision,

however urgently pressed, could not in all probability be obtained in

time to reach Washington before the necessary adjournment of Congress

by the Constitution. The reasons given by the ministry for refusing to

convoke the Chambers at an earlier period were afterwards shewn not to

be insuperable by their actual convocation on the first of December

under a special call for domestic purposes, which fact, however, did

not become known to this Government until after the commencement of the

last session of Congress.

Thus disappointed in our just expectations, it became my imperative

duty to consult with Congress in regard to the expediency of a resort

to retaliatory measures in case the stipulations of the treaty should

not be speedily complied with, and to recommend such as in my judgment

the occasion called for. To this end an unreserved communication of the

case in all its aspects became indispensable. To have shrunk in making

it from saying all that was necessary to its correct understanding, and

that the truth would justify, for fear of giving offense to others,

would have been unworthy of us. To have gone, on the other hand, a

single step further for the purpose of wounding the pride of a

Government and people with whom we had so many motives for cultivating

relations of amity and reciprocal advantage would have been unwise and

improper.

Admonished by the past of the difficulty of making even the simplest

statement of our wrongs without disturbing the sensibilities of those

who had by their position become responsible for their redress, and

earnestly desirous of preventing further obstacles from that source, I

went out of my way to preclude a construction of the message by which

the recommendation that was made to Congress might be regarded as a

menace to France in not only disavowing such a design, but in declaring

that her pride and her power were too well known to expect anything

from her fears. The message did not reach Paris until more than a month

after the Chambers had been in session, and such was the insensibility

of the ministry to our rightful claims and just expectations that our

minister had been informed that the matter when introduced would not be

pressed as a cabinet measure.

Although the message was not officially communicated to the French

Government, and not withstanding the declaration to the contrary which

it contained, the French ministry decided to consider the conditional

recommendation of reprisals a menace and an insult which the honor of

the nation made it incumbent on them to resent. The measures resorted

to by them to evince their sense of the supposed indignity were the

immediate recall of their minister at Washington, the offer of

passports to the American minister at Paris, and a public notice to the

legislative Chambers that all diplomatic intercourse with the United

States had been suspended.

Having in this manner vindicated the dignity of France, they next

proceeded to illustrate her justice. To this end a bill was immediately

introduced into the Chamber of Deputies proposing to make the

appropriations necessary to carry into effect the treaty. As this bill

subsequently passed into a law, the provisions of which now constitute

the main subject of difficulty between the two nations, it becomes my

duty, in order to place the subject before you in a clear light, to

trace the history of its passage and to refer with some particularity

to the proceedings and discussions in regard to it.

The minister of finance in his opening speech alluded to the measures

which had been adopted to resent the supposed indignity, and

recommended the execution of the treaty as a measure required by the

honor and justice of France. He as the organ of the ministry declared

the message, so long as it had not received the sanction of Congress, a

mere expression of the personal opinion of the President, for which

neither the Government nor people of the United States were

responsible, and that an engagement had been entered into for the

fulfillment of which the honor of France was pledged. Entertaining

these views, the single condition which the French ministry proposed to

annex to the payment of the money was that it should not be made until

it was ascertained that the Government of the United States had done

nothing to injure the interests of France, or, in other words, that no

steps had been authorized by Congress of a hostile character toward

France.

What the disposition of action of Congress might be was then unknown to

the French cabinet; but on the 14th day of January the Senate resolved

that it was at that time inexpedient to adopt any legislative measures

in regard to the state of affairs between the United States and France,

and no action on the subject had occurred in the House of

Representatives. These facts were known in Paris prior to the 28th of

March, 1835, when the committee to whom the bill of indemnification had

been referred reported it to the Chamber of Deputies. That committee

substantially re-echoed the sentiments of the ministry, declared that

Congress had set aside the proposition of the President, and

recommended the passage of the bill without any other restriction than

that originally proposed. Thus was it known to the French ministry and

Chambers that if the position assumed by them, and which had been so

frequently and solemnly announced as the only one compatible with the

honor of France, was maintained and the bill passed as originally

proposed, the money would be paid and there would be an end of this

unfortunate controversy.

But this cheering prospect was soon destroyed by an amendment

introduced into the bill at the moment of its passage, providing that

the money should not be paid until the French Government had received

satisfactory explanations of the President's message of the second

December, 1834, and, what is still more extraordinary, the president of

the council of ministers adopted this amendment and consented to its

incorporation in the bill. In regard to a supposed insult which had

been formally resented by the recall of their minister and the offer of

passports to ours, they now for the first time proposed to ask

explanations. Sentiments and propositions which they had declared could

not justly be imputed to the Government or people of the United States

are set up as obstacles to the performance of an act of conceded

justice to that Government and people. They had declared that the honor

of France required the fulfillment of the engagement into which the

King had entered, unless Congress adopted the recommendations of the

message. They ascertained that Congress did not adopt them, and yet

that fulfillment is refused unless they first obtain from the President

explanations of an opinion characterized by themselves as personal and

inoperative.

The conception that it was my intention to menace or insult the

Government of France is as unfounded as the attempt to extort from the

fears of that nation what her sense of justice may deny would be vain

and ridiculous. But the Constitution of the United States imposes on

the President the duty of laying before Congress the condition of the

country in its foreign and domestic relations, and of recommending such

measures as may in his opinion be required by its interests. From the

performance of this duty he can not be deterred by the fear of wounding

the sensibilities of the people or government of whom it may become

necessary to speak; and the American people are incapable of submitting

to an interference by any government on earth, however powerful, with

the free performance of the domestic duties which the Constitution has

imposed on their public functionaries.

The discussions which intervene between the several departments of our

Government being to ourselves, and for anything said in them our public

servants are only responsible to their own constituents and to each

other. If in the course of their consultations facts are erroneously

stated or unjust deductions are made, they require no other inducement

to correct them, however informed of their error, than their love of

justice and what is due to their own character; but they can never

submit to be interrogated upon the subject as a matter of right by a

foreign power. When our discussions terminate in acts, our

responsibility to foreign powers commences, not as individuals, but as

a nation. The principle which calls in question the President for the

language of his message would equally justify a foreign power in

demanding explanations of the language used in the report of a

committee or by a member in debate.

This is not the first time that the Government of France has taken

exception to the messages of American Presidents. President Washington

and the first President Adams in the performance of their duties to the

American people fell under the animadversions of the French Directory.

The objection taken by the ministry of Charles X, and removed by the

explanation made by our minister upon the spot, has already been

adverted to. When it was understood that the ministry of the present

King took exception to my message of last year, putting a construction

upon it which was disavowed on its face, our late minister at Paris, in

answer to the note which first announced a dissatisfaction with the

language used in the message, made a communication to the French

Government under date of the 29th of January, 1835, calculated to

remove all impressions which an unreasonable susceptibility had

created. He repeated and called the attention of the French Government

to the disavowal contained in the message itself of any intention to

intimidate by menace; he truly declared that it contained and was

intended to contain no charge of ill faith against the King of the

French, and properly distinguished between the right to complain in

unexceptionable terms of the omission to execute an agreement and an

accusation of bad motives in withholding such execution, and

demonstrated that the necessary use of that right ought not to be

considered as an offensive imputation.

Although this communication was made without instructions and entirely

on the minister's own responsibility, yet it was afterwards made the

act of this Government by my full approbation, and that approbation was

officially made known on the 25th of April, 1835, to the French

Government. It, however, failed to have any effect. The law, after this

friendly explanation, passed with the obnoxious amendment, supported by

the King's ministers, and was finally approved by the King.

The people of the United States are justly attached to a pacific system

in their intercourse with foreign nations. It is proper, therefore,

that they should know whether their Government has adhered to it. In

the present instance it has been carried to the utmost extent that was

consistent with a becoming self-respect. The note of the 29th of

January, to which I have before alluded, was not the only one which our

minister took upon himself the responsibility of presenting on the same

subject and in the same spirit.

Finding that it was intended to make the payment of a just debt

dependent on the performance of a condition which he knew could never

be complied with, he thought it a duty to make another attempt to

convince the French Government that whilst self-respect and regard to

the dignity of other nations would always prevent us from using any

language that ought to give offense, yet we could never admit a right

in any foreign government to ask explanations of or to interfere in any

manner in the communications which one branch of our public councils

made with another; that in the present case no such language had been

used, and that this had in a former note been fully and voluntarily

state, before it was contemplated to make the explanation a condition;

and that there might be no misapprehension he stated the terms used in

that note, and he officially informed them that it had been approved by

the President, and that therefore every explanation which could

reasonably be asked or honorably given had been already made; that the

contemplated measure had been anticipated by a voluntary and friendly

declaration, and was therefore not only useless, but might be deemed

offensive, and certainly would not be complied with if annexed as a

condition.

When this latter communication, to which I especially invite the

attention of Congress, was laid before me, I entertained the hope that

the means it was obviously intended to afford of an honorable and

speedy adjustment of the difficulties between the two nations would

have been accepted, and I therefore did not hesitate to give it my

sanction and full approbation. This was due to the minister who had

made himself responsible for the act, and it was published to the

people of the United States and is now laid before their

representatives to shew how far their Executive has gone in its

endeavors to restore a good understanding between the two countries. It

would have been at any time communicated to the Government of France

had it been officially requested.

The French Government having received all the explanation which honor

and principle permitted, and which could in reason be asked, it was

hoped it would no longer hesitate to pay the installments now due. The

agent authorized to receive the money was instructed to inform the

French minister of his readiness to do so. In reply to this notice he

was told that the money could not then be paid, because the formalities

required by the act of the Chambers had not been arranged.

Not having received any official information of the intentions of the

French Government, and anxious to bring, as far as practicable, this

unpleasant affair to a close before the meeting of Congress, that you

might have the whole subject before you, I caused our charge d'affaires

at Paris to be instructed to ask for the final determination of the

French Government, and in the event of their refusal to pay the

installments now due, without further explanations to return to the

United States.

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