LEGATION OF THE UNITED STATES,

_Paris, April 25, 1835_.

His Excellency the Duc de Broglie, etc.,

_Minister Secretary of State for Foreign Affairs_.

SIR: About to return to my own country, I am unwilling to leave this

without adding one more effort to the many I have heretofore made to

restore to both that mutual good understanding which their best

interests require, and which probable events may interrupt and perhaps

permanently destroy.

From the correspondence and acts of His Majesty's Government since the

message of the President of the United States was known at Paris it is

evident that an idea is entertained of making the fulfillment of the

treaty of 1831 dependent on explanations to be given of the terms used

in the message, and withholding payment of an acknowledged debt until

satisfaction be given for a supposed indecorum in demanding it. The bare

possibility that this opinion might be entertained and acted upon by His

Majesty's Government renders it incumbent on me to state explicitly what

I understand to be the sentiments of mine on this subject.

Erroneous impressions, arising from the want of a proper attention to

the structure of our Government, to the duties of its Chief Magistrate,

to the principles it has adopted and its strict adherence to them in

similar cases, might raise expectations which could never be realized

and lead to measures destructive of all harmony between the parties.

This communication is made in full confidence that it is the wish of His

Majesty's Government, as it most sincerely is that of the President, to

avoid all measures of that description; and it is hoped, therefore, that

it will be received in the spirit by which it is dictated--that of

conciliation and peace.

The form of our Government and the functions of the President as

a component part of it have in their relation to this subject been

sufficiently explained in my previous correspondence, especially in

my letter to the Comte de Rigny of the 29th of January last. I have

therefore little to add to that part of my representation which is

drawn from the form of our Government and the duties of the President

in administering it. If these are fully understood, the principles of

action derived from them can not be mistaken.

The President, as the chief executive power, must have a free and

entirely unfettered communication with the coordinate powers of

Government. As the organ of intercourse with other nations, he is

the only source from which a knowledge of our relations with them

can be conveyed to the legislative branches. It results from this

that the utmost freedom from all restraint in the details into which

he is obliged to enter of international concerns and of the measures

in relation to them is essential to the proper performance of this

important part of his functions. He must exercise them without having

continually before him the fear of offending the susceptibility of the

powers whose conduct he is obliged to notice. In the performance of this

duty he is subject to public opinion and his own sense of propriety

for an indiscreet, to his constituents for a dangerous, and to his

constitutional judges for an illegal, exercise of the power, but to no

other censure, foreign or domestic. Were any foreign powers permitted to

scan the communications of the Executive, their complaints, whether real

or affected, would involve the country in continual controversies; for

the right being acknowledged, it would be a duty to exercise it by

demanding a disavowal of every phrase they might deem offensive and an

explanation of every word to which an improper interpretation could be

given. The principle, therefore, has been adopted that no foreign power

has a right to ask for explanations of anything that the President,

in the exercise of his functions, thinks proper to communicate to

Congress, or of any course he may advise them to pursue. This rule is

not applicable to the Government of the United States alone, but, in

common with it, to all those in which the constitutional powers are

distributed into different branches. No such nation desirous of avoiding

foreign influence or foreign interference in its councils; no such

nation possessing a due sense of its dignity and independence, can long

submit to the consequences of this interference. When these are felt, as

they soon will be, all must unite in repelling it, and acknowledge that

the United States are contending in a cause common to them all, and more

important to the liberal Governments of Europe than even to themselves;

for it is too obvious to escape the slightest attention that the

Monarchies of Europe by which they are surrounded will have all the

advantage of this supervision of the domestic councils of their

neighbors without being subject to it themselves. It is true that in

the representative Governments of Europe executive communications to

legislative bodies have not the extension that is given to them in the

United States, and that they are therefore less liable to attack on that

quarter; but they must not imagine themselves safe. In the opening

address, guarded as it commonly is, every proposition made by the

ministry, every resolution of either chamber, will offer occasions for

the jealous interference of national punctilio, for all occupy the same

grounds. No intercommunication of the different branches of Government

will be safe, and even the courts of justice will afford no sanctuary

for freedom of decision and of debate, and the susceptibility of foreign

powers must be consulted in all the departments of Government. Occasions

for intervention in the affairs of other countries are but too numerous

at present, without opening another door to encroachments; and it is no

answer to the argument to say that no complaints will be made but for

reasonable cause, and that of this, the nation complained of being the

judge, no evil can ensue. But this argument concedes the right of

examining the communications in question, which is denied. Allow it and

you will have frivolous as well as grave complaints to answer, and must

not only heal the wounds of a just national pride, but apply a remedy

to those of a morbid susceptibility. To show that my fear of the

progressive nature of these encroachments is not imaginary, I pray leave

to call your excellency's attention to the inclosed report from the

Secretary of State to the President. It is offered for illustration, not

for complaint; I am instructed to make none. Because the Government of

France has taken exceptions to the President's opening message, the

chargé d'affaires of France thinks it his duty to protest against a

special communication, and to point out the particular passages in a

correspondence of an American minister with his own Government to the

publication of which he objects. If the principle I contest is just,

the chargé d'affaires is right. He has done his duty as a vigilant

supervisor of the President's correspondence. If the principle is

admitted, every diplomatic agent at Washington will do the same, and we

shall have twenty censors of the correspondence of the Government and of

the public press. If the principle is correct, every communication which

the President makes in relation to our foreign affairs, either to the

Congress or to the public, ought in prudence to be previously submitted

to these ministers, in order to avoid disputes and troublesome and

humiliating explanations. If the principle be submitted to, neither

dignity nor independence is left to the nation. To submit even to

a discreet exercise of such a privilege would be troublesome and

degrading, and the inevitable abuse of it could not be borne. It must

therefore be resisted at the threshold, and its entrance forbidden

into the sanctuary of domestic consultations. But whatever may be the

principles of other governments, those of the United States are fixed;

the right will never be acknowledged, and any attempt to enforce it

will be repelled by the undivided energy of the nation.

I pray your excellency to observe that my argument does not deny a right

to all foreign powers of taking proper exceptions to the governmental

acts and language of another. It is to their interference in its

consultations, in its proceedings while yet in an inchoate state, that

we object. Should the President do an official executive act affecting

a foreign power, or use exceptionable language in addressing it through

his minister or through theirs; should a law be passed injurious to the

dignity of another nation--in all these and other similar cases a demand

for explanation would be respectfully received, and answered in the

manner that justice and a regard to the dignity of the complaining

nation would require.

After stating these principles, let me add that they have not only been

theoretically adopted, but that they have been practically asserted.

On two former occasions exceptions of the same nature were taken to the

President's message by the Government of France, and in neither did

they produce any other explanation than that derived from the nature

of our Government, and this seems on those occasions to have been

deemed sufficient, for in both cases the objections were virtually

abandoned--one when Messrs. Marshall, Gerry, and Pinckney were refused

to be received, and again in the negotiation between Prince Polignac and

Mr. Rives. In the former case, although the message of the President

was alleged as the cause of the refusal to receive the ministers, yet

without any such explanation their successors were honorably accredited.

In the latter case the allusion in the message to an apprehended

collision was excepted to, but the reference made by Mr. Rives to

the constitutional duties of the President seems to have removed the

objection.

Having demonstrated that the United States can not in any case permit

their Chief Magistrate to be questioned by any foreign government in

relation to his communications with the coordinate branches of his own,

it is scarcely necessary to consider the case of such an explanation

being required as the condition on which the fulfillment of a treaty or

any pecuniary advantage was to depend. The terms of such a proposition

need only be stated to show that it would be not only inadmissible, but

rejected as offensive to the nation to which it might be addressed.

In this case it would be unnecessary as well as inadmissible. France

has already received, by the voluntary act of the President, every

explanation the nicest sense of national honor could desire. That which

could not have been given to a demand, that which can never be given

on the condition now under discussion, a fortunate succession of

circumstances, as I shall proceed to shew, has brought about. Earnestly

desirous of restoring the good understanding between the two nations,

as soon as a dissatisfaction with the President's message was shewn

I suppressed every feeling which the mode of expressing that

dissatisfaction was calculated to produce, and without waiting for

instructions I hastened on my own responsibility to make a communication

to your predecessor in office on the subject. In this, under the reserve

that the President could not be called on for an explanation, I did

in fact give one that I thought would have removed all injurious

impressions.

This is the first of the fortunate circumstances to which I have

alluded--fortunate in being made before any demand implying a right to

require it; fortunate in its containing, without any knowledge of the

precise parts of the message which gave offense, answers to all that

have since come to my knowledge. I can easily conceive that the

communication of which I speak, made, as I expressly stated, without

previous authority from my Government, might not have had the effect

which its matter was intended to produce, but it has since (as I have

now the honor to inform your excellency) received from the President his

full and unqualified approbation; but it is necessary to add that this

was given before he had any intimation of an intention to attach it

as a condition to the payment of the indemnity due by the treaty, given

not only when he was ignorant of any such intent, but when he was

informed by France that she intended to execute the treaty and saw by

the law which was introduced that it was not to be fettered by any such

condition. Thus that is already done by a voluntary act which could not

have been done when required as a right, still less when made, what will

unquestionably in the United States be considered degrading, as a

condition. At this time, sir, I would for no consideration enter into

the details I then did. If I could now so far forget what under present

circumstances would be due to the dignity of my country, I should be

disavowed, and deservedly disavowed, by the President. It is happy,

therefore, I repeat, that the good feeling of my country was evinced in

the manner I have stated at the only time when it could be done with

honor; and though present circumstances would forbid my making the

communication I then did, they do not prevent my referring to it for

the purpose of shewing that it contains, as I have stated it does,

everything that ought to have been satisfactory. Actual circumstances

enable me to do this now. Future events, which I need not explain, may

hereafter render it improper, and it may be nugatory unless accepted as

satisfactory before the occurrence of those events. Let it be examined

with the care which the importance of giving it a true construction

requires. The objections to the message, as far as I can understand,

for they have never been specified, are:

First. That it impeaches the good faith of His Majesty's Government.

Secondly. That it contains a menace of enforcing the performance of the

treaty by reprisals.

On the first head, were I now discussing the terms of the message

itself, it would be easy to shew that it contains no such charge.

The allegation that the stipulations of a treaty have not been complied

with, that engagements made by ministers have not been fulfilled,

couched in respectful terms, can never be deemed offensive, even when

expressly directed to the party whose infractions are complained of, and

consequently can never give cause for a demand of explanation; otherwise

it is evident that no consideration of national injuries could ever take

place. The message, critically examined on this point, contains nothing

more than such an enumeration of the causes of complaint. As to its

terms, the most fastidious disposition can not fasten on one that could

be excepted to. The first refusal and subsequent delay are complained

of, but no unworthy motives for either are charged or insinuated. On the

whole, if I were commissioned to explain and defend this part of the

message, I should say with the conviction of truth that it is impossible

to urge a complaint in milder or more temperate terms; but I am not

so commissioned. I am endeavoring to shew not only that every proper

explanation is given in my letter to M. de Rigny of the 29th of January

last, but that in express terms it declares that the sincerity of His

Majesty's Government in their desire to execute the treaty was not

doubted. Suffer me to draw your excellency's attention to the passages

alluded to. In discussing the nature of M. Sérurier's engagement I say:

"It is clear, therefore, that more was required than the expression of

a desire on the part of His Majesty's ministers to execute the treaty,

_a desire the sincerity of which was never doubted, but which might be

unavailing, as its accomplishment depended on the vote of the

Chambers_."

Again, in speaking of the delay which occurred in the month of December,

I say:

"It is referred to, I presume, in order to shew that it was produced by

a desire on the part of His Majesty's ministers the better to assure the

passage of the law. Of this, sir, I never had a doubt, and immediately

so advised my Government, and informed it, as was the fact, that I

perfectly acquiesced in the delay."

Thus it must be evident, not only that no offensive charge of ill faith

is made in the message, but that, as is expressly stated in the first

extract, full justice was done at Washington to the intentions of the

French Government. While the delay is complained of us a wrong, no

improper motives are attributed to the Government in causing it. Again,

sir, the whole tenor of that part of my letter which relates to the

inexecution of the promise made by M. Sérurier, while it asserts the

construction put upon it by the President to be the true one, and

appeals to facts and circumstances to support that construction, yet it

avoids charging the French Government with any intentional violation, by

attributing their delay to an erroneous construction only; for in the

letter (I again quote literally) I say:

"I have entered into this detail with the object of showing that

although the ministers of the King, under the interpretation they seem

to have given to M. Sérurier's promise, may have considered themselves

at liberty to defer the presentation of the law until the period

which they thought would best secure its success, yet the President,

interpreting that promise differently, feeling that in consequence of it

he had forborne to do what might be strictly called a duty, and seeing

that its performance had not taken place, could not avoid stating the

whole case clearly and distinctly to Congress."

Thus, sir, the President, in stating the acts of which he thought his

country had reason to complain, does not make a single imputation of

improper motive, and to avoid all misconstruction he offers a voluntary

declaration that none such were entertained.

The part of the message which seems to have caused the greatest

sensation in France is that in which, after a statement of the causes

of complaint, it enters into a consideration of the measures to obtain

redress which in similar cases are sanctioned by the laws of nations.

The complaint seems to be that, in a discussion it was impossible to

avoid, of the efficacy and convenience of each, a preference was given

to reprisals, considered as a remedial, not as a hostile, measure,

and this has been construed into a menace. If any explanations were

necessary on this head, they are given in the message itself. It is

there expressly disavowed, and the power and high character of France

are appealed to to shew that it never could be induced by threats to do

what its sense of justice denied. If the measure to which I have more

than once alluded should be resorted to, and the humiliation attending

a compliance with it could be endured; if it were possible under such

circumstances to give an explanation, what more could be required than

that which is contained in the message itself that it was not intended

as a menace? If the measure to which I alluded should be adopted and

submitted to, what would His Majesty's Government require? The disavowal

of any intent to influence the councils of France by threats? They have

it already. It forms a part of the very instrument which caused the

offense, and I will not do them the injustice to think that they could

form the offensive idea of requiring more. The necessity of discussing

the nature of the remedies for the nonexecution of the treaty, the

character and spirit in which it was done, are explained in my letter so

often referred to, and I pray your excellency to consider the concluding

part of it, beginning with the quotation I have last made. But if I

wanted any argument to shew that no explanation of this part of the

message was necessary or could be required, I should find it in the

opinion--certainly a just one--expressed by His Majesty's ministers,

that the recommendation of the President not having been adopted by the

other branches of the Government it was not a national act, and could

not be complained of as such. Nay, in the note presented by M. Sérurier

to the Government at Washington and the measures which it announces (his

recall and the offer of my passports) the Government of His Majesty seem

to have done all that they thought its dignity required, for they at

the same time declare that the law providing for the payment will be

presented, but give no intimation of any previous condition and annex

none to the bill which they present. The account of dignity being thus

declared by this demonstration to be settled, it can not be supposed

that it will again be introduced as a set-off against an acknowledged

pecuniary balance. Before I conclude my observations on this part of the

subject it will be well to inquire in what light exceptions are taken

to this part of the message, whether as a menace generally or to the

particular measure proposed. In the first view, if every measure that

a Government having claims on another declares it must pursue if those

claims are not allowed (whatever may be the terms employed) is a menace,

it is necessary, and not objectionable unless couched in offensive

language; it is a fair declaration of what course the party making it

intends to pursue, and except in cases where pretexts were wanted for

a rupture have rarely been objected to, even when avowedly the act of

the nation, not, as in this case, a proposal made by one branch of its

Government to another. Instances of this are not wanting, but need not

be here enumerated. One, however, ought to be mentioned, because it is

intimately connected with the subject now under discussion. While the

commerce of the United States was suffering under the aggressions of the

two most powerful nations of the world the American Government, in this

sense of the word, menaced them both. It passed a law in express terms

declaring to them that unless they ceased their aggressions America

would hold no intercourse with them; that their ships would be seized if

they ventured into American ports; that the productions of their soil or

industry should be forfeited. Here was an undisguised menace in clear,

unequivocal terms, and of course, according to the argument against

which I contend, neither France nor England could deliberate under its

pressure without dishonor. Yet the Emperor of France, certainly an

unexceptionable judge of what the dignity of his country required, did

deliberate, did accept the condition, did repeal the Berlin and Milan

decrees, did not make any complaint of the act as a threat, though he

called it an injury. Great Britain, too, although at that time on not

very friendly terms with the United States, made no complaint that her

pride was offended. Her minister on the spot even made a declaration

that the obnoxious orders were repealed. It is true he was disavowed,

but the disavowal was accompanied by no objections to the law as a

threat. Should the objection be to the nature of the remedy proposed,

and that the recommendation of reprisals is the offensive part, it would

be easy to show that it stands on the same ground with any other remedy;

that it is not hostile in its nature; that it has been resorted to by

France to procure redress from other powers, and by them against her,

without producing war. But such an argument is not necessary. This is

not the case of a national measure, either of menace or action; it is a

recommendation only of one branch of Government to another, and France

has itself shown that a proposal of this nature could not be noticed as

an offense. In the year 1808 the Senate of the United States annexed to

the bill of nonintercourse a section which not only advised but actually

authorized the President to issue letters of marque and reprisal against

both France and England, if the one did not repeal the Berlin and Milan

decrees and the other did not revoke the orders in council. This clause

was not acceded to by the Representatives, but it was complete as the

act of the Senate; yet neither France nor England complained of it as

an indignity. Both powers had ministers on the spot, and the dignity of

neither seems to have been offended.

If the view I have now taken of the subject be correct; if I have

succeeded in conveying to His Majesty's ministers the conviction

I myself feel that no right exists in any foreign nation to ask

explanations of or even to notice any communications between the

different branches of our Government; that to admit it even in a single

instance would be a dangerous precedent and a derogation from national

dignity, and that in the present instance an explanation that ought to

be satisfactory has been voluntarily given, I have then demonstrated

that any measure founded on such supposed right is not only

inadmissible, but is totally unnecessary, and consequently that His

Majesty's ministers may at once declare that previous explanations given

by the minister of the United States, and subsequently approved by the

President, had satisfied them on the subject of the message.

The motives of my Government during the whole course of this

controversy have been misunderstood or not properly appreciated, and the

question is daily changing its character. A negotiation entered into for

procuring compensation to individuals involved no positive obligation

on their Governments to prosecute it to extremities. A solemn treaty,

ratified by the constitutional organs of the two powers, changed the

private into a public right. The Government acquires by it a perfect

right to insist on its stipulations. All doubts as to their justice seem

now to have been removed, and every objection to the payment of a debt

acknowledged to be just will be severely scrutinized by the impartial

world. What character will be given to a refusal to pay such a debt on

the allegation, whether well or ill founded, of an offense to national

honor it does not become me to say. The French nation are the last that

would ever appreciate national honor by any number of millions it could

withhold as a compensation for an injury offered to it. The United

States, commercial as they are, are the last that would settle such an

account. The proposition I allude to would be unworthy of both, and it

is sincerely to be hoped that it will never be made.

To avoid the possibility of misapprehension, I repeat that this

communication is made with the single view of apprising His Majesty's

Government of the consequences attending a measure which without such

notice they might be inclined to pursue; that although I am not

authorized to state what measures will be taken by the United States,

yet I speak confidently of the principles they have adopted, and have

no doubt they will never be abandoned.

This is the last communication I shall have the honor to make. It is

dictated by a sincere desire to restore a good intelligence, which

seems to be endangered by the very measure intended to consolidate it.

Whatever be the result, the United States may appeal to the world to

bear witness that in the assertion of the rights of their citizens and

the dignity of their Government they have never swerved from the respect

due to themselves and from that which they owe to the Government of

France.

I pray your excellency to receive the assurance of the high

consideration with which I have the honor to be, your most obedient

servant,

A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term) · 第 156 / 371 题