Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress Page: 45
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APPENDIX—To Gales & Section's -Register.
l-Stk Congress, ?
2d Session. $
Negotiations with France.
[ H. of H.
were desirous of making, upon other questions still at
It is the intention of his Majesty not to leave unsettled
any subject of grave discussion between the two states;
and the King; is too well convinced of the friendly sen-
timents of your government not to believe, that the
United States will be disposed to agree with France on
all the points.
His Majesty authorizes me, sir, to declare to you, that
a negotiation will be opened with you upon the Ame-
rican claims, if this negotiation should .also include the
French claims, and particularly the arrangements to be
concluded concerning the execution of the 8th article of
the Louisiana Treaty.
Accept, sir, the assurances of the very distinguished
consideration with which I have the honor to be, &c.
Extract5 <tf a letter (JVo. 4,) from the Secretary of State
to Mr. J3roivnt dated
Department of State,
Washington, Aug. 14,1824.
" The subject which has first claimed the attention of
the President has been, the result of your correspond-
ence with the Viscount de Chateaubriand, in relation to
the claims of numerous citizens of the United States
upon the justice of the French government.
" I enclose, herewith, a copy of the report of the Com-
mittee of Foreign Relations of the House of Representa-
tives, upon several petitions addressed to that body at
their last session, by some of those claimants; and a re-
solution of the House, adopted thereupon.
" The President has deliberately considered the pur-
port of M. de Chateaubriand's answer to your note of
the 28th of April, upon this subject; and he desires that
you will renew, with earnestness, the application for in-
demnity to our citizens, for claims notoriously just, and
resting upon the same principle with others which have
been admitted and adjusted by the government of
" In the note of the Viscount de Chateaubriand to you,
of 7th May, it is said, that he is authorized to declare,
a negotiation will be opened witli you, upon the Ameri-
can claims, if this negotiation should also include French
claims, and particularly the arrangements to be conclud-
ed concerning the execution of the 8th article of the
"Youare authorized, in reply, to declare, that any
just claims which subjects of France may have upon the
government of the United States, will readily be includ-
ed in the negotiation; and to stipulate any suitable pro-
vision for the examination, adjustment, and satisfaction
'"■Hut the fiuestion relating to the eighth article of the
Louisiana treaty is not only of a different character—it
cannot be blended with that of indemnity for individual
claims, without a sacrifice, on the part of the United
States, of a principle of right. The negotiation for in-
demnity presupposes that wrong has been done; that
indemnity ought to be made; and the object of any
treaty stipulation concerning it can only be, to ascertain
what is justly due, and to make provision for the pay-
ment of it. By consenting to connect with such a nego-
tiation that relating to the 8th article of the Louisiana
convention, the United States would abandon the prin-
ciple upon which the whole discussion concerning it de-
pends. The situation of the parties to the negotiation
would be unequal. The United States, asking repara-
tion for admitted wrong, are told that France will not
discuss it with them, unless they will first renounce their
own senfee of right, to admit, and discuss with it, a claim,
the justice of which they have constantly denied."
, " The government of the United States is prepared to
J'etrew tile discussion with that of France, relating to the
8th article of the Louisiana treaty, in any .manner which
may be desired, and by which they shall not be under-
stood to admit that France has any claim under it
Mr. Bro wn to Mr. Adams—No. 12.
Pakis, August 12,1824.
Sia: Some very unimportant changes have taken
place in the composition of the Ministry. The Baron
de Damas, late Minister of War, is now Minister of Fo-
reign Affairs; the Marquis de Clermont Tonnese is ap-
pointed to the Department of War; f ndthe Count Cha-
brol de Crousal to that of the Marine.
These appointments are believed to correspond with
the wishes of the President of the Council of Ministers,
and do not inspire a hope that our claims will be more
favorably attended to than they have been under the
former administrations. The interpretation of the 8th
article of the Louisiana treaty, contended for by France,
will, I apprehend, be persisted in, and all indemnity re-
fused until it shall have been discussed and decided.—
After the correspondence which has already passed up-
on that article, it would appear that any further discus-
sion upon it would be wholly unprofitable. With a view,
however, of ascertaining the opinions of the Minister of
Foreign Affairs, I shall, at an early day, solicit a confer-
ence with him, and inform you of the result.
I have had the honor of receiving your letter, recom-
mending the claim of Mr. Kingston to my attention. The
difficolties which that claim must experience, from its
antiquity, and from the operation of the treaty of 1803,
cannot have escaped your observation. It has also to
encounter, in common with all our claims, the obstacle
presented by the 8th article, which is found broad
enough to be used as a shield to protect France, in the
opinion of Ministers, from the examination and adjust-
ment of any claim which we can present.
I have the honor to be, with great respect, sir, your
most obedient and humble servant,
Mr- Brown to J\lr. Adams—^No. 14.
Pahis, September 28, 1824.
Sib : Little has occurred, of importance, during the
present month, except the death of the King. This
event had been anticipated for nearly a year; he had de-
clined gradually, and the affairs of the government have
been, for some time, almost wholly directed by Monsieur,
who, on his accession to the throne, has declared that
his reign would be only a continuation of that of the late
King. No change in the policy of the Government is
expected, and probably, none in the composition of the
Ministry. The present King is satisfied with Mr. de
Villele, who isat its head, and if any of its members should
be changed, the spirit in which public affairs are direct-
ed will not, it is believed, be affected by that circum-
The ceremonies attending the change of the crown,
have principally occupied the public attention for the
last fortnight. It will, I presume, be officially announc-
ed by the French Minister at Washington, and, accord-
ing to the forms observed here, will, 1 understand, re-
quire fresh letters of credence for all foreign Ministers
nt this court, addressed to the new King.
My health lias not permitted me (having been confin-
ed, for some weeks, to the bed, by a rheumatic affec-
tion,) to confer with the Baron de Damas on our affairs,
since his appointment as Minister of the Foreign Depart-
ment. I should regret this the more, if I were not satis-
fied that the same impulse will direct tiio decisions oi
the Government, upon these points, now, as before he
had this Department in charge, and that no favora-
able change, in those decisions, can be expected from
any personal influence which might be exerted by the
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress, book, 1825; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc30752/m1/421/: accessed July 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.