ANDREW JACKSON.

WASHINGTON, _January 15, 1836_.

_To the Senate and House of Representatives_.

GENTLEMEN: In my message at the opening of your session I informed you

that our chargé d'affaires at Paris had been instructed to ask for the

final determination of the French Government in relation to the payment

of the indemnification secured by the treaty of the 4th of July, 1831,

and that when advices of 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 chargé d'affaires and the

French minister of foreign affairs, from which it will be seen that

France requires as a condition precedent to the execution of a treaty

unconditionally ratified and to the payment of a debt acknowledged by

all the 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 can not be complied

with, and if persisted in they must be considered as a deliberate

refusal on the part of France to fulfill engagements 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

money, says he, when "_the Government of the United States is ready on

its part to declare to us, by addressing its claim to us officially in

writing, that it regrets the misunderstanding which has arisen between

the two countries; that this misunderstanding 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 toward

France."_ And he adds: _"If the Government of the United States does

not give this assurance we shall be obliged to think that this

misunderstanding is not the result of an error."_ In the letter marked

No. 6 the French minister also remarks that _"the Government of the

United States knows that upon itself depends henceforward the execution

of the treaty of July 4, 1831_."

Obliged by the precise language thus used by the French minister to

view it as a peremptory refusal to execute the treaty except on terms

incompatible with the honor and independence of the United States, and

persuaded that on considering the correspondence now submitted to you

you can regard it in 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 communications between the different

branches of our Government shall be persisted in. This pretension is

rendered the more unreasonable by the fact that the substance of the

required explanation has been repeatedly and voluntarily given before it

was insisted on as a condition--a condition the more humiliating because

it is demanded as the equivalent of a pecuniary 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 her justice? She has

already had it, frankly and explicitly given by our minister accredited

to her Government, his act ratified by me, and my confirmation of it

officially communicated by him in his letter to the French minister

of foreign affairs of the 25th of April, 1835, and repeated by my

published approval of that letter after the passage of the bill of

indemnification. Does France want a degrading, servile repetition of

this act, in terms which she shall dictate and which will involve

an acknowledgment of her assumed right to interfere in our domestic

councils? She will never obtain it. The spirit of the American people,

the dignity of the Legislature, and the firm resolve of their executive

government forbid it.

As the answer of the French minister to our chargé d'affaires at Paris

contains an allusion to a letter addressed by him to the representative

of France at this place, it now becomes proper to lay before you 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 enable you to understand the course of the

Executive in regard to it. Recurring to the historical statement made

at the commencement 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 minister of 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

explanation of the Government of the United States in the same way. But,

contrary to these well-founded 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.

Whilst, however, the Government of the United States was awaiting the

movements of the French Government in perfect confidence that the

difficulty was at an end, the Secretary of State received a call from

the French chargé d'affaires in Washington, who desired to read to him

a letter he had received from the French minister of foreign affairs.

He was asked whether he was instructed or directed to make any official

communication, and replied that he was only authorized 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 6, herewith transmitted.

It was an attempt to make known to the Government of the United States

privately in what manner it could make explanations, apparently

voluntary, but really dictated by France, acceptable to her, and thus

obtain payment of the 25,000,000 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 this 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 Secretary of State did not think

proper to ask a copy, because he could have no use for it. Copies of

papers marked Nos. 9, 10, and 11 shew an attempt on the part of the

French chargé d'affaires to place a copy of this letter among the

archives of this Government, which for obvious reasons was not allowed

to be done; but the assurance before given was repeated, that any

official communication which he might be authorized to make in the

accustomed form would receive a prompt and just consideration. The

indiscretion of this attempt was made more manifest by the subsequent

avowal of the French chargé d'affaires that the object was to bring 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 hereafter, it is

hoped, better appreciate their own rights and the respect due to others

than to attempt to use the Executive as the passive organ of their

communications.

It is due to the character of our institutions that the diplomatic

intercourse of this Government should be conducted with the utmost

directness and simplicity, and that in all cases of importance the

communications received or made by the Executive should assume the

accustomed official form. It is only by insisting on this form that

foreign powers can be held to full responsibility, that their

communications can be officially replied to, or that the advice or

interference of the Legislature can with propriety be invited by the

President. This course is also best calculated, on the one hand, to

shield that officer from unjust suspicions, and on the other to subject

this portion of his acts to public scrutiny, and, if occasion shall

require it, to constitutional animadversion. It was the more necessary

to adhere to these principles in the instance in question inasmuch as,

in addition to other important interests, it very intimately concerned

the national honor--a matter in my judgment much too sacred to be made

the subject of private and unofficial negotiation.

It will 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 indication 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 before the official notice of my approval of

Mr. Livingston's last explanation and remonstrance could have reached

Paris, just ground of hope was left, as has been before stated, that

the French Government, on receiving that information in the same manner

as the alleged offensive message had reached them, would desist from

their extraordinary demand and pay the money at 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 chargé d'affaires which were adverted to at the

commencement of the present session of Congress. The result, as you have

seen, is a demand of an official written expression of regrets 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 chargé d'affaires of France having been recalled,

all diplomatic intercourse between the two countries is suspended, a

state of things originating in an unreasonable susceptibility on the

part of the French Government and rendered necessary on our part by

their refusal to perform engagements contained in a treaty from the

faithful performance of which by us they are to this day enjoying many

important commercial advantages.

It is time that this unequal position of affairs should cease, and that

legislative action should be brought to sustain Executive exertion in

such measures as the case requires. While France persists in her refusal

to comply with the terms of a treaty the object of which was, by

removing all causes of mutual complaint, to renew ancient feelings of

friendship and to unite the two nations in the bonds of amity and of a

mutually beneficial commerce, she can not justly complain if we adopt

such peaceful remedies as the law of nations and the circumstances of

the case may authorize and demand. Of the nature of these remedies I

have heretofore had occasion to speak, and, in reference to a particular

contingency, to express my conviction that reprisals would be best

adapted to the emergency then contemplated. Since that period France,

by all the departments of her Government, has acknowledged the validity

of our claims and the obligations of the treaty, and has appropriated

the moneys which are necessary to its execution; and though payment is

withheld on grounds vitally important to our existence as an independent

nation, it is not to be believed that she can have determined

permanently to retain a position so utterly indefensible. In the

altered state of the questions in controversy, and under all existing

circumstances, it appears to me that until such a determination shall

have become evident it will be proper and sufficient to retaliate her

present refusal to comply with her engagements by prohibiting the

introduction of French products and the entry of French vessels into our

ports. Between this and the interdiction of all commercial intercourse,

or other remedies, you, as the representatives of the people, must

determine. I recommend the former in the present posture of our affairs

as being the least injurious to our commerce, and as attended with the

least difficulty of returning to the usual state of friendly intercourse

if the Government of France shall render us the justice that is due,

and also as a proper preliminary step to stronger measures should their

adoption be rendered necessary by subsequent events.

The return of our chargé d'affaires is attended with public notices of

naval preparations on the part of France destined for our seas. Of the

cause and intent of these armaments I have no authentic information, nor

any other means of judging except such as are common to yourselves and

to the public; but whatever may be their object, we are not at liberty

to regard them as unconnected with the measures which hostile movements

on the part of France may compel us to pursue. They at least deserve to

be met by adequate preparation on our part, and I therefore strongly

urge large and speedy appropriations for the increase of the Navy and

the completion of our coast defenses.

If this array of military force be 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 indeed would it be dishonorable

to pause a moment on the alternative which such a state of things would

present to us. Come what may, the explanation which France demands can

never be accorded, and no armament, however powerful and imposing, at a

distance or on our coast, will, I trust, deter us from discharging the

high duties which we owe to our constituents, our national character,

and to the world.

The House of Representatives at the close of the last session of

Congress unanimously resolved that the treaty of the 4th of July, 1831,

should be maintained and its execution insisted on by the United States.

It is due to the welfare of the human race not less than to our own

interests and honor that this resolution should at all hazards be

adhered to. If after so signal an example as that given by the American

people during their long-protracted difficulties with France of

forbearance under accumulated wrongs and of generous confidence in

her ultimate return to justice she shall now be permitted to withhold

from us the tardy and imperfect indemnification which after years of

remonstrance and discussion had at length been solemnly agreed on by

the treaty of 1831 and to set at naught the obligations it imposes, the

United States will not be the only sufferers. The efforts of humanity

and religion to substitute the appeals of justice and the arbitrament of

reason for the coercive measures usually resorted to by injured nations

will receive little encouragement from such an issue. By the selection

and enforcement of such lawful and expedient measures as may be

necessary to prevent a result so injurious to ourselves and so fatal to

the hopes of the philanthropist we shall therefore not only preserve the

pecuniary interests of our citizens, the independence of our Government,

and the honor of our country, but do much, it may be hoped, to vindicate

the faith of treaties and to promote the general interests of peace,

civilization, and improvement.

A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term) · 第 173 / 371 题