LEGATION OF THE UNITED STATES,

_Paris, January 29, 1835_.

His Excellency COUNT DE RIGNY,

_Minister Secretary of State of Foreign Affairs_.

SIR: Having already had occasion to acknowledge the receipt of your

excellency's letter of the 13th instant, and to answer that part of it

which most urgently required my attention, I proceed to a consideration

of the other matters which it contains. I shall do this with a sincere

desire to avoid everything that may excite irritation or increase

difficulties which already unfortunately exist. Guided by this

disposition, I shall confine myself to an examination of your note,

considered only as an exposition of the causes which His Majesty's

Government thinks it has to complain of in the message sent by the

President of the United States to Congress at the opening of its present

session.

Your excellency begins by observing that nothing could have prepared

His Majesty's Government for the impressions made upon it by the

President's message, and that if the complaints he makes were as just as

you think them unfounded, still you would have reason to be astonished

at receiving _the first communication of them in such a form_. If His

Majesty's Government was not prepared to receive complaints on the part

of the United States for nonexecution of the treaty, everything I have

said and written since I have had the honor of communicating with your

excellency and your predecessors in office must have been misunderstood

or forgotten. I can scarcely suppose the first, for if my whole

correspondence is referred to and my verbal representations

recollected they will be found in the most unequivocal language to

express an extreme solicitude for the execution of the treaty, a

deep disappointment at the several delays which have intervened, and

emphatically the necessity which the President would be under of laying

the matter before Congress at the time when in fact he has done so if

before that period he did not receive notice that the law had passed for

giving effect to the treaty. To urge the obligation of the treaty, to

prepare His Majesty's Government for the serious consequences that must

result from its breach or an unnecessary delay in executing it, was my

duty, and it has been faithfully and unremittingly executed. To my own

official representation on the 26th I added on the 29th July last the

precise instructions I had received, to inform His Majesty's Government

that "the President could not avoid laying before Congress on the 1st of

December a full statement of the position of affairs on this interesting

subject, or permit the session to end, as it must do on the 3d March,

without recommending such measures as the justice and the honor of the

country may require."

In this alone, then, there was sufficient, independently of my numerous

applications and remonstrances, to prepare His Majesty's Government

for the just complaints of the United States and for the "impression"

they ought to produce, as well as for the "_mode_" in which they were

communicated, a mode clearly pointed out in the passage I have quoted

from my note of the 29th of July--that is to say, by the annual message

from the President to Congress, which, as I have already had occasion

to observe, His Majesty's ministers have erroneously considered as

addressed directly to them, and, viewing it in that light, have

arraigned this document as containing groundless complaints, couched in

language not called for by the occasion, and offering for consideration

means of redress offensive to the dignity of France. I shall endeavor by

a plain exposition of facts to repel those charges. I shall examine them

with the freedom the occasion requires, but, suppressing the feelings

which some parts of your excellency's letter naturally excite, will, as

far as possible, avoid all those topics for recrimination which press

upon my mind. The observation I am about to make will not be deemed a

departure from this rule, because it is intended to convey information

which seems to have been wanted by His Majesty's minister when on a late

occasion he presented a law to the Chamber of Deputies. It is proper,

therefore, to state that although the military title of general was

gloriously acquired by the present head of the American Government,

he is not in official language designated as _General Jackson_, but as

"the President of the United States," and that his communication was

made in that character.

I proceed now to the examination of that portion of your excellency's

letter which attempts to show that the complaints set forth in the

President's message are groundless.

It begins by assuming as a principle of argument that after the Chamber

of Deputies had rejected the law and His Majesty's Government had

promised to present it anew the United States had by receiving that

promise given up all right to complain of any anterior delays. I have

vainly endeavored, sir, to find any rule of reasoning by which this

argument can be supported. It would undoubtedly be much easier to strike

off from the case the delays of two years in proposing the law than to

justify them.

It is true that the United States, with a moderation and forbearance

for which they receive no credit, waited two years, almost without

complaint, for the performance of a treaty which engaged the faith of

the French nation to pay a just indemnity, for which they had already

waited more than twenty years. It is true that His Majesty's Government

offered solemn assurances that as soon as the constitution of the

country would permit a new attempt would be made to redeem the national

pledge given by the treaty. It is true also that the President of the

United States gave credit to those assurances; but it is also true--and

your excellency seems to lose sight of that important uncontested

fact--that formal notice was given that the performance of those

promises would be expected according to their letter, and that he

could delay no longer than the 1st of December the execution of a duty

which those assurances had induced him to postpone. Whatever reasons

His Majesty's Government had for not complying with Mr. Sérurier's

engagement, or however they may have interpreted it, the President could

not be precluded from considering the whole case as open and adding to

his statement the wrongs occasioned by the delays anterior to the vote

of rejection. Those delays are still unaccounted for, and are rendered

more questionable by the preference given to another treaty, although

subsequently made, for the guarantee of the Greek loan.

Confining your observations to this second period, you say that the

reproaches which the President thinks himself authorized in making to

France may be comprised in the following words:

"The Government of the King had promised to present the treaty of July

anew to the Chambers as soon as they could be assembled; but they have

been assembled on the 31st of July of the last year and the treaty has

not yet been presented."

Stating this as the whole of the complaint, you proceed, sir, in your

endeavor to refute it.

I am obliged, reluctantly, here to make use of arguments which in the

course of this discussion have been often repeated, but which seem to

have made no impression on His Majesty's Government. I am obliged, in

repelling the reproaches addressed to the President, to bring to your

recollection the terms of the promise on which he relied, the

circumstances attending it, and the object for which it was given. These

must be fully understood and fully waived before the question between us

can be resolved.

The circumstances under which Mr. Sérurier's note was written are

material in considering its true import. The payment stipulated by a

treaty duly ratified on both sides had just been formally refused by a

vote of the Chamber of Deputies. More than two years had passed since

it had been proclaimed as the law of the land in the United States,

and ever since the articles favorable to France had been in constant

operation. Notice of this refusal had some time before been received by

the President. It would have been his duty, had nothing else occurred,

to communicate to Congress this event, so unexpected and so injurious to

the interest of the country. One circumstance prevented the performance

of this duty and justified the omission. The notice of the rejection was

accompanied by information that the minister of France was instructed to

make explanations and engagements on the subject, and that a ship of

war would be dispatched with his instructions. The President had waited

a month for the arrival of this ship. An unusually long session of

Congress still afforded an opportunity for making the communication,

even after her arrival. If made it would undoubtedly have produced

consequences the nature of which may be imagined by considering the

events that have since occurred. It was necessary, then, to prevent an

interruption of the friendly relations between the two countries, that

this communication should be postponed until the subsequent session

of Congress; longer than that it was well known that it could not be

deferred. This was clearly and explicitly stated in a conference between

Mr. Sérurier and the Secretary of State of the United States, in which

the former gave the promise in question. But the President desired to

have the engagement in a written and official form (and as Mr. Sérurier

expresses it in his letter), "_pour des causes prises dans les

nécessités de votre Gouvernement_" What governmental necessity does he

allude to? Clearly that which obliged the President to communicate these

engagements to Congress at the next session.

Here, then, we have a stipulation made under special orders, sent

out by a ship dispatched for that express purpose, communicated first

verbally in an official conference, afterwards reduced to writing and

delivered to the proper officers, for the double purpose of justifying

the President for not making an immediate communication at their then

session and also to serve as a pledge which he might exhibit if

unredeemed at their next. These objects are well stated by Mr. Sérurier

to be "that the Government of the Republic may avoid, with a

providential solicitude, _in this unsettled state of things_ all that

may become a cause of new irritation between the two countries, endanger

the treaty, and raise obstacles that may become insurmountable to the

views of conciliation and harmony which animate the councils of the

King." It was, then, to avoid a communication to Congress, which Mr.

Sérurier saw would endanger the peace of the two countries, that this

engagement was made. Surely, then, every word of a stipulation made

under such circumstances and for such important purposes must have been

duly considered and its import properly weighed, first by the cabinet

who directed, afterwards by the minister who delivered and the

Government which received it.

What, then, was this engagement? First, that the Government of the King

will use every legal and constitutional effort which its persevering

persuasion of the justice and advantages of the treaty authorize

the United States to expect from it. "Son intention est" (I quote

literally), "_en outre_" (that is, besides using those endeavors above

mentioned), "de faire tout ce que _not re constitution permet_ pour

rapprocher autant que possible l'époque de la presentation nouvelle de

la loi rejettée." Your excellency can not fail to have observed two

distinct parts in this engagement--one relating to the endeavors the

ministry promise to make in order to induce the Chambers to pass the

law, for the success of which they could not answer; another relating

to the time of presentation of the law, a matter which depended on

them alone, restricted only by constitutional forms.

The promise on this point, then, was precise, and could not be

misunderstood. Whatever the _constitution of France permitted_, the

Government of France promised to do in order to hasten the presentation

of the law. What was the cause of this desire to bring the business

before the Chambers at an early day? No one can doubt it who knows

the situation of the two countries, still less anyone who has read the

correspondence. It was to enable the President to make those statements

to the next Congress which, relying on the engagements of the French

minister, he had omitted to make to this.

It was 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 not doubted, but which might be

unavailing, as its accomplishment depended on the vote of the Chambers.

For the President's satisfaction, and for his justification too, an

engagement was offered and accepted for the performance of an act which

depended on His Majesty's Government alone. This engagement was couched

in the unequivocal terms I have literally quoted.

This, sir, is not all. That there might be no misunderstanding on the

subject, this promise, with the sense in which it was understood, the

important object for which it was given, and the serious consequences

that might attend a failure to comply with it, were urged in

conversation, and repeated in my official letters, particularly those

of the 26th and 29th of July and 3d and 9th of August last, in which

its performance was strongly pressed.

The answers to these letters left no hope that the question would be

submitted to the Chambers in time to have the result known before the

adjournment of Congress, and by the refusal to hasten the convocation of

the Chambers before the last of December showed unequivocally that, so

far from taking all measures permitted by the constitution to _hasten_

the period of presenting the law, it was to be left to the most remote

period of the ordinary course of legislation.

This decision of His Majesty's Government, contained in your

excellency's note to me of the 7th August, was duly transmitted to the

President, and it naturally produced upon his mind the impressions which

I anticipated in my letters to your excellency that it would produce.

He saw with the deepest regret that a positive assurance for convening

the Chambers as soon as the constitution would permit was construed to

mean only a disposition to do so, and that this disposition had yielded

to objections which he could not think of sufficient force to justify a

delay even if there had intervened no promise, especially as the serious

consequences of that delay had been earnestly and repeatedly brought to

the consideration of His Majesty's Government. In fact, sir, what were

those objections? I do not speak of those which were made to presenting

the law in the session of July last, for although no constitutional

impediment offered itself, yet it was not strongly insisted on, because

an early session in the autumn, would have the same effect; and the

President, for the same reason, says that it might have been overlooked

if an early call of the Chambers had been made. They are the objections

to this call, then, which immediately demand our attention. What, in

fact, were they? None derived from the constitutional charter have been

or could have been asserted. What, then, were they? Your excellency's

letter of the 3d of August to me contains none but this: "His Majesty's

Government finds it impossible to make any positive engagement on that

point." In that of the 7th of August there are two reasons assigned:

First, the general inconvenience to the members. This the President

could surely not think of alleging to Congress as a sufficient reason

for omitting to lay the matter before them. The next, I confess, has

a little more weight, and might have excused a delay if the assurance

given by Mr. Sérurier had been, as your excellency construes it,

merely of a _disposition_ to hasten the presentation of the law.

If the engagement had amounted to no more than this, and His Majesty's

ministers thought that an early call would endanger the passage of

the law, it might possibly justify _them_ in not making it. But the

President, who relied on the promise he had received, who in consequence

of it had deferred the performance of an important duty; the President,

who had given timely and official notice that this duty must be

performed at the opening of the next Congress; the President, who could

see no greater prospect of the passage of the law in a winter than in an

autumnal session--how was _he_ to justify himself and redeem the pledge

_he_ had made to his country? He did it in the way he always does--by a

strict performance.

From this detail your excellency will, I hope, see that the President's

causes of complaint can not, as you suppose, be confined within the

narrow limit you have assigned to them. The failure to present the law

in the session of July was not the only, nor even the principal, point

in which he thought the engagement of Mr. Sérurier uncomplied with;

for although he saw no reason for the omission that could be called

a constitutional one, yet he expressly says that might have been

overlooked. He always (it can not too often be repeated) looked to the

promise of Mr. Sérurier as it was given at Washington, not as it was

interpreted at Paris, and he had a right to believe that as on previous

occasions the Legislature had, in the years 1819, 1822, 1825, and 1830,

held their sessions for the transaction of the ordinary business in

the months of July and August, he had a right, I say, to believe that

there was no insurmountable objection to the consideration of this

extraordinary case, enforced by a positive promise. Yet, as I have

remarked, he did not make this his principal cause of complaint; it

was the omission to call the Chambers at an earlier period than the

very end of the year.

On this head your excellency is pleased to observe that the same

reasons, drawn from the usual course of administration, which rendered

the presentation of the law in the session of July impossible applied

with nearly the same force to a call before the end of the year; and

you appeal to the President's knowledge of the "fixed principles of a

constitutional system" to prove that the administration under such a

government is subject to regular and permanent forms, "from which no

special interest, however important, should induce it to deviate." For

this branch of the argument it unfortunately happens that no regular

form of administration, no fixed principle, no usage whatever, would

have opposed a call of the Chambers at an early day, and the rule which

your excellency states would not be broken "in favor of any interest,

however important," has actually been made to yield to one of domestic

occurrence. _The Chambers have just been convened before the period

which was declared to be the soonest at which they could possibly meet_.

Your excellency will also excuse me for remarking that since the first

institution of the Chambers, in 1814, there have been convocations

for every month of the year, without exception, which I will take the

liberty of bringing to your recollection by enumerating the different

dates. The Chambers were summoned for the month of January in the years

1823, 1826, and 1829; for February, in the years 1827 and 1829; for

March, in 1815, 1824, and 1830; for April, in 1833; for May, in 1814;

for June, in 1815, 1822, and 1825; for July, in 1834; for August,

in 1830 and 1831; for September, in 1815; for October, in 1816; for

November, in 1817, 1818, 1819, 1821, and 1832; and for December, in

1820, 1824, 1826, and 1833. It is, then, clear to demonstration that

neither constitutional impediment nor stern, inflexible usage prevented

such a call of the Chambers as would have complied with the letter of

Mr. Sérurier's engagement. Since I have alluded to the actual meeting of

the Chambers on the 1st of December, it is but candid to allow that even

this period would not have enabled the President to have attained one

of his objects--the presenting of the result of their deliberations to

Congress in his opening message. But even that slight concession, if

it had been made to my unceasing applications, might have given an

opportunity of conveying their decision to Congress before the 4th

of March, when they must adjourn, because, had that day been then

determined on, everything would have been ready to lay before the

Chambers on the opening of the session; but a meeting a month or six

weeks earlier would have given ample time for deliberation and decision

in season to have it known at Washington on the 1st of December.

The necessity of giving time to the new members to inform themselves

of the nature of the question and the old ones to recover from the

impression which erroneous statements had made upon their minds I

understand to be the remaining motive of His Majesty's ministers for

delaying the meeting; but this was a precaution which, relying on the

plain obligation of the treaty, the President could not appreciate, and

he must, moreover, have thought that if a long discussion was necessary

to understand the merits of the question it was an additional reason for

hastening the meeting where those merits were to be discussed. The delay

that occurred between the meeting of the Chambers and the 1st of January

need not have entered into the discussion, because, not long known at

Washington, it could not have had any influence on the message. It is

referred to, I presume, in order to show 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; first, because of the circumstance to

which you allude; secondly, because the statements originally intended

to be ready by the 1st of January were not yet prepared. There is a

slight error in this part of your excellency's letter; the delay was

not made at my request, but was fully approved of, for the reasons

which I have stated.

I have entered into this detail, sir, not for the purpose of

recrimination, which, in most cases useless, would in this be worse, but

with the object, as was my duty, of showing that although the ministers

of the King, under the interpretation they seem to have given to Mr.

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 and detailing to them all the remedies which the

law of nations would allow to be applied to the case, leaving to them

the choice, leaving to their wisdom and prudence the option, of the

alternative of further delay or conditional action. Could he have said

less in this branch of his message? If he alluded to the subject at

all, he was obliged to detail the circumstances of the case. It is

not pretended that this is not done with fidelity as to facts. The

ratification of the treaty, its effect in pledging the faith of the

nation, the fidelity with which the United States have executed it,

the delay that intervened before it was brought before the Chambers,

their rejection of the law, the assurances made by Mr. Sérurier, the

forbearance of the President to make a communication to Congress in

consequence of those assurances, and the adjournment of the question by

His Majesty's Government to the end of the year--none of these have ever

been denied, and all this the President was obliged to bring before

Congress if, as I have said, he spoke on the subject. But he was obliged

by a solemn duty to speak of it, and he had given timely and repeated

notice of this obligation. The propositions which he submitted to

Congress in consequence of those facts were a part of his duty. They

were, as I have stated, exclusively addressed to that body, and in

offering them he felt and expressed a proper regret, and, doing justice

to the character and high feeling of the French nation, he explicitly

disavowed any intention of influencing it by a menace.

I have no mission, sir, to offer any modification of the President's

communication to Congress, and I beg that what I have said may be

considered with the reserve that I do not acknowledge any right to

demand or any obligation to give explanations of a document of that

nature. But the relations which previously existed between the two

countries, a desire that no unnecessary misunderstanding should

interrupt them, and the tenor of your excellency's letter (evidently

written under excited feeling) all convinced me that it was not

incompatible with self-respect and the dignity of my country to enter

into the detail I have done. The same reasons induced me to add that the

idea erroneously entertained that an injurious menace is contained in

the message has prevented your excellency from giving a proper attention

to its language. A cooler examination will show that although the

President was obliged, as I have demonstrated, to state to Congress

the engagements which had been made, and that in his opinion they had

not been complied with, yet in a communication not addressed to His

Majesty's Government not a disrespectful term is employed, nor a phrase

that his own sense of propriety, as well as the regard which one

nation owes to another, would induce him to disavow. On the contrary,

expressions of sincere regret that circumstances obliged him to complain

of acts that disturbed the harmony he wished to preserve with a nation

and Government to the high characters of which he did ample justice.

An honorable susceptibility to everything that may in the remotest

degree affect the honor of the country is a national sentiment in

France; but you will allow, sir, that it is carried too far when it

becomes impatient of just complaint, when it will allow none of its

acts to be arraigned and considers as an offense a simple and correct

examination of injuries received and as an insult a deliberation on the

means of redress. If it is forbidden, under the penalties of giving just

cause of offense, for the different branches of a foreign government to

consult together on the nature of wrongs it has received and review the

several remedies which the law of nations present and circumstances

justify, then no such consultation can take place in a government like

that of the United States, where all the proceedings are public, without

at once incurring the risk of war, which it would be the very object of

that consultation to avoid.

The measures announced in the close of your letter, as well as the

correspondence that it has occasioned between us, have been transmitted

to my Government, and I wait the instructions which that communication

will produce.

I pray your excellency to receive the renewed assurance of the high

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

humble servant,

A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term) · 第 209 / 371 题