In my message at the opening of the last session of Congress I
expressed a confident hope that the justice of our claims upon
France, urged as they were with perseverance and signal
ability by our minister there, would finally be acknowledged.
This hope has been realized. A treaty has been signed which
will immediately be laid before the Senate for its
approbation, and which, containing stipulations that require
legislative acts, must have the concurrence of both Houses
before it can be carried into effect. By it the French
Government engage to pay a sum which, if not quite equal to
that which may be found due to our citizens, will yet, it is
believed, under all circumstances, be deemed satisfactory by
those interested. The offer of a gross sum instead of the
satisfaction of each individual claim was accepted because the
only alternatives were a rigorous exaction of the whole amount
stated to be due on each claim, which in some instances be
exaggerated by design, in others overrated through error, and
which, therefore, it would have been both ungracious and
unjust to have insisted on; or a settlement by a mixed
commission, to which the French negotiators were very averse,
and which experience in other cases had shown to be dilatory
and often wholly inadequate to the end. A comparatively small
sum is stipulated on our part to go to the extinction of all
claims by French citizens on our Government, and a reduction
of duties on our cotton and their wines has been agreed on as
a consideration for the renunciation of an important claim for
commercial privileges under the construction they gave to the
treaty for the cession of Louisiana. Should this treaty
receive the proper sanction, a source of irritation will be
stopped that has for so many years in some degree alienated
from each other two nations who, from interest as well as the
remembrance of early associations, ought to cherish the most
friendly relations; an encouragement will be given for
perseverance in the demands of justice by this new proof that
if steadily pursued they will be listened to, and admonition
will be offered to those powers, if any, which may be inclined
to evade them that they will never be abandoned; above all, a
just confidence will be inspired in our fellow-citizens that
their Government will exert all the powers with which they
have invested it in support of their just claims upon foreign
nations; at the same time that the frank acknowledgment and
provision for the payment of those which were addressed to our
equity, although unsupported by legal proof, affords a
practical illustration of our submission to the divine rule of
doing to others what we desire they should do unto us.
Sweden and Denmark having made compensation for the
irregularities committed by their vessels or in their ports to
the perfect satisfaction of the parties concerned, and having
renewed the treaties of commerce entered into with them, our
political and commercial relations with those powers continue
to be on the most friendly footing.
With Spain our differences up to the 22d of February, 1819,
were settled by the treaty of Washington of that date, but at
a subsequent period our commerce with the States formerly
colonies of Spain on the continent of America was annoyed and
frequently interrupted by her public and private armed ships.
They captured many of our vessels prosecuting a lawful
commerce and sold them and their cargoes, and at one time to
our demands for restoration and indemnity opposed the
allegation that they were taken in the violation of a blockade
of all the ports of those States. 'This blockade was
declaratory only, and the inadequacy of the force to maintain
it was so manifest that this allegation was varied to a charge
of trade in contraband of war. This, in its turn, was also
found untenable, and the minister whom I sent with
instructions to press for the reparation that was due to our
injured fellow-citizens has transmitted an answer to his
demand by which the captures are declared to have been legal,
and are justified because the independence of the States of
America never having been acknowledged by Spain she had a
right to prohibit trade with them under her old colonial laws.
This ground of defense was contradictory, not only to those
which had been formerly alleged, but to the uniform practice
and established laws of nations, and had been abandoned by
Spain herself in the convention which granted indemnity to
British subjects for captures made at the same time, under the
same circumstances, and for the same allegations with those of
which we complain.
I, however, indulge the hope that further reflection will lead
to other views, and feel confident that when His Catholic
Majesty shall be convinced of the justice of the claims his
desire to preserve friendly relations between the two
countries, which it is my earnest endeavor to maintain, will
induce him to accede to our demand. I have therefore
dispatched a special messenger with instructions to our.
minister to bring the case once more to his consideration, to
the end that if (which I can not bring myself to believe) the
same decision (that can not but be deemed an unfriendly denial
of justice) should be persisted in the matter may before your
adjournment be laid before you, the constitutional judges of
what is proper to be done when negotiation for redress of
injury fails.
The conclusion of a treaty for indemnity with France seemed to
present a favorable opportunity to renew our claims of a
similar nature on other powers, and particularly in the case
of those upon Naples, more especially as in the course of
former negotiations with that power our failure to influence
France to render us justice was used as an argument against
us. The desires of the merchants, who were the principal
sufferers, have therefore been acceded to, and a mission has
been instituted for the special purpose of obtaining for them
a reparation already too long delayed. This measure having
been resolved on, it was put in execution without waiting for
the meeting of Congress, because the state of Europe created
an apprehension of events that might have rendered our
application ineffectual.
Our demands upon the Government of the Two Sicilies are of a
peculiar nature. The injuries on which they are founded are
not denied, nor are the atrocity and perfidy under which those
injuries were perpetrated attempted to be extenuated. The sole
ground on which indemnity has been refused is the alleged
illegality of the tenure by which the monarch who made the
seizures held his crown. This defense, always unfounded in any
principle of the law of nations, now universally abandoned,
even by those powers upon whom the responsibility for acts of
past rulers bore the most heavily, will unquestionably be
given up by his Sicilian Majesty, whose counsels will receive
an impulse from that high sense of honor and regard to justice
which are said to characterize him; and I feel the fullest
confidence that the talents of the citizen commissioned for
that purpose will place before him the just claims of our
injured citizens in such a light as will enable me before your
adjournment to announce that they have been adjusted and
secured. Precise instructions to the effect of bringing the
negotiations to a speedy issue have been given, and will be
obeyed.
In the late blockade of Terceira some of the Portuguese fleet
captured several of our vessels and committed other excesses,
for which reparation was demanded, and I was on the point of
dispatching all armed force to prevent any recurrence of a
similar violence and protect our citizens in the prosecution
of their lawful commerce when official assurances, on which I
relied, making the sailing of the ships unnecessary. Since
that period frequent promises have been made that full
indemnity shall be given for the injuries inflicted and the
losses sustained. In the performance there has been some,
perhaps unavoidable, delay; but I have the fullest confidence
that my earnest desire that this business may at once be
closed, which our minister has been instructed strongly to
express, will very soon be gratified. I have the better ground
for this hope from the evidence of a friendly disposition
which that Government has shown by an actual reduction in the
duty on rice the produce of our Southern States, authorizing
the anticipation that this important article of our export
will soon be admitted on the same footing with that produced
by the most favored nation.
With the other powers of Europe we have fortunately had no
cause of discussions for the redress of injuries. With the
Empire of the Russias our political connection is of the most
friendly and our commercial of the most liberal kind. We enjoy
the advantages of navigation and trade given to the most
favored nation, but it has not yet suited their policy, or
perhaps has not been found convenient from other
considerations, to give stability and reciprocity to those
privileges by a commercial treaty. The ill health of the
minister last year charged with making a proposition for that
arrangement did not permit him to remain at St. Petersburg,
and the attention of that Government during the whole of the
period since his departure having been occupied by the war in
which it was engaged, we have been assured that nothing could
have been effected by his presence. A minister will soon be
nominated, as well to effect this important object as to keep
up the relations of amity and good understanding of which we
have received so many assurances and proofs from His Imperial
Majesty and the Emperor his predecessor.
The treaty with Austria is opening to us an important trade
with the hereditary dominions of the Emperor, the value of
which has been hitherto little known, and of course not
sufficiently appreciated. While our commerce finds an entrance
into the south of Germany by means of this treaty, those we
have formed with the Hanseatic towns and Prussia and others
now in negotiation will open that vast country to the
enterprising spirit of our merchants on the north-a country
abounding in all the materials for a mutually beneficial
commerce, filled with enlightened and industrious inhabitants,
holding an important place in the politics of Europe, and to
which we owe so many valuable citizens. The ratification of
the treaty with the Porte was sent to be exchanged by the
gentleman appointed our chargé d'affaires to that Court. Some
difficulties occurred on his arrival, but at the date of his
last official dispatch he supposed they had been obviated and
that there was every prospect of the exchange being speedily
effected.
In my message at the opening of the last session of Congress I expressed a confident hope that the justice of our claims upon France, urged as they were with perseverance and signal ability by our minister there, would finally be acknowledged. This hope has been realized. A treaty has been signed which will immediately be laid before the Senate for its approbation, and which, containing stipulations that require legislative acts, must have the concurrence of both Houses before it can be carried into effect. By it the French Government engage to pay a sum which, if not quite equal to that which may be found due to our citizens, will yet, it is believed, under all circumstances, be deemed satisfactory by those interested. The offer of a gross sum instead of the satisfaction of each individual claim was accepted because the only alternatives were a rigorous exaction of the whole amount stated to be due on each claim, which in some instances be exaggerated by design, in others overrated through error, and which, therefore, it would have been both ungracious and unjust to have insisted on; or a settlement by a mixed commission, to which the French negotiators were very averse, and which experience in other cases had shown to be dilatory and often wholly inadequate to the end. A comparatively small sum is stipulated on our part to go to the extinction of all claims by French citizens on our Government, and a reduction of duties on our cotton and their wines has been agreed on as a consideration for the renunciation of an important claim for commercial privileges under the construction they gave to the treaty for the cession of Louisiana.
Should this treaty receive the proper sanction, a source of irritation will be stopped that has for so many years in some degree alienated from each other two nations who, from interest as well as the remembrance of early associations, ought to cherish the most friendly relations; an encouragement will be given for perseverance in the demands of justice by this new proof that if steadily pursued they will be listened to, and admonition will be offered to those powers, if any, which may be inclined to evade them that they will never be abandoned; above all, a just confidence will be inspired in our fellow-citizens that their Government will exert all the powers with which they have invested it in support of their just claims upon foreign nations; at the same time that the frank acknowledgment and provision for the payment of those which were addressed to our equity, although unsupported by legal proof, affords a practical illustration of our submission to the divine rule of doing to others what we desire they should do unto us.
Sweden and Denmark having made compensation for the irregularities committed by their vessels or in their ports to the perfect satisfaction of the parties concerned, and having renewed the treaties of commerce entered into with them, our political and commercial relations with those powers continue to be on the most friendly footing.
With Spain our differences up to the 22d of February, 1819, were settled by the treaty of Washington of that date, but at a subsequent period our commerce with the States formerly colonies of Spain on the continent of America was annoyed and frequently interrupted by her public and private armed ships. They captured many of our vessels prosecuting a lawful commerce and sold them and their cargoes, and at one time to our demands for restoration and indemnity opposed the allegation that they were taken in the violation of a blockade of all the ports of those States. 'This blockade was declaratory only, and the inadequacy of the force to maintain it was so manifest that this allegation was varied to a charge of trade in contraband of war. This, in its turn, was also found untenable, and the minister whom I sent with instructions to press for the reparation that was due to our injured fellow-citizens has transmitted an answer to his demand by which the captures are declared to have been legal, and are justified because the independence of the States of America never having been acknowledged by Spain she had a right to prohibit trade with them under her old colonial laws. This ground of defense was contradictory, not only to those which had been formerly alleged, but to the uniform practice and established laws of nations, and had been abandoned by Spain herself in the convention which granted indemnity to British subjects for captures made at the same time, under the same circumstances, and for the same allegations with those of which we complain.
I, however, indulge the hope that further reflection will lead to other views, and feel confident that when His Catholic Majesty shall be convinced of the justice of the claims his desire to preserve friendly relations between the two countries, which it is my earnest endeavor to maintain, will induce him to accede to our demand. I have therefore dispatched a special messenger with instructions to our. minister to bring the case once more to his consideration, to the end that if (which I can not bring myself to believe) the same decision (that can not but be deemed an unfriendly denial of justice) should be persisted in the matter may before your adjournment be laid before you, the constitutional judges of what is proper to be done when negotiation for redress of injury fails.
The conclusion of a treaty for indemnity with France seemed to present a favorable opportunity to renew our claims of a similar nature on other powers, and particularly in the case of those upon Naples, more especially as in the course of former negotiations with that power our failure to influence France to render us justice was used as an argument against us. The desires of the merchants, who were the principal sufferers, have therefore been acceded to, and a mission has been instituted for the special purpose of obtaining for them a reparation already too long delayed. This measure having been resolved on, it was put in execution without waiting for the meeting of Congress, because the state of Europe created an apprehension of events that might have rendered our application ineffectual.
Our demands upon the Government of the Two Sicilies are of a peculiar nature. The injuries on which they are founded are not denied, nor are the atrocity and perfidy under which those injuries were perpetrated attempted to be extenuated. The sole ground on which indemnity has been refused is the alleged illegality of the tenure by which the monarch who made the seizures held his crown. This defense, always unfounded in any principle of the law of nations, now universally abandoned, even by those powers upon whom the responsibility for acts of past rulers bore the most heavily, will unquestionably be given up by his Sicilian Majesty, whose counsels will receive an impulse from that high sense of honor and regard to justice which are said to characterize him; and I feel the fullest confidence that the talents of the citizen commissioned for that purpose will place before him the just claims of our injured citizens in such a light as will enable me before your adjournment to announce that they have been adjusted and secured. Precise instructions to the effect of bringing the negotiations to a speedy issue have been given, and will be obeyed.
In the late blockade of Terceira some of the Portuguese fleet captured several of our vessels and committed other excesses, for which reparation was demanded, and I was on the point of dispatching all armed force to prevent any recurrence of a similar violence and protect our citizens in the prosecution of their lawful commerce when official assurances, on which I relied, making the sailing of the ships unnecessary. Since that period frequent promises have been made that full indemnity shall be given for the injuries inflicted and the losses sustained. In the performance there has been some, perhaps unavoidable, delay; but I have the fullest confidence that my earnest desire that this business may at once be closed, which our minister has been instructed strongly to express, will very soon be gratified. I have the better ground for this hope from the evidence of a friendly disposition which that Government has shown by an actual reduction in the duty on rice the produce of our Southern States, authorizing the anticipation that this important article of our export will soon be admitted on the same footing with that produced by the most favored nation.
With the other powers of Europe we have fortunately had no cause of discussions for the redress of injuries. With the Empire of the Russias our political connection is of the most friendly and our commercial of the most liberal kind. We enjoy the advantages of navigation and trade given to the most favored nation, but it has not yet suited their policy, or perhaps has not been found convenient from other considerations, to give stability and reciprocity to those privileges by a commercial treaty. The ill health of the minister last year charged with making a proposition for that arrangement did not permit him to remain at St. Petersburg, and the attention of that Government during the whole of the period since his departure having been occupied by the war in which it was engaged, we have been assured that nothing could have been effected by his presence. A minister will soon be nominated, as well to effect this important object as to keep up the relations of amity and good understanding of which we have received so many assurances and proofs from His Imperial Majesty and the Emperor his predecessor.
The treaty with Austria is opening to us an important trade with the hereditary dominions of the Emperor, the value of which has been hitherto little known, and of course not sufficiently appreciated. While our commerce finds an entrance into the south of Germany by means of this treaty, those we have formed with the Hanseatic towns and Prussia and others now in negotiation will open that vast country to the enterprising spirit of our merchants on the north-a country abounding in all the materials for a mutually beneficial commerce, filled with enlightened and industrious inhabitants, holding an important place in the politics of Europe, and to which we owe so many valuable citizens. The ratification of the treaty with the Porte was sent to be exchanged by the gentleman appointed our chargé d'affaires to that Court. Some difficulties occurred on his arrival, but at the date of his last official dispatch he supposed they had been obviated and that there was every prospect of the exchange being speedily effected.
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