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Subject Area: Economics
Subject Area: Political Theory

GALLATIN TO J. Q. ADAMS. - Albert Gallatin, The Writings of Albert Gallatin, vol. 2 [1879]

Edition used:

The Writings of Albert Gallatin, ed. Henry Adams (Philadelphia: J.B. Lippincott, 1879). 3 vols.

Part of: The Writings of Albert Gallatin, 3 vols.

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GALLATIN TO J. Q. ADAMS.

No. 113.

Paris, July 3, 1819.

Sir,—

I transmitted in my despatch No. 100 the copy of the letter which I had addressed to Marquis Dessolle, on the 11th February last, on the subject of American claims in general, and more particularly of that of Messrs. Gracie and Parish.

On the 23d of March, in transmitting to the same minister a letter from Mr. Hyde de Neuville in behalf of Mr. Gracie, I reminded him of my preceding note, and requested that a report which the Director-General of the Douanes was shortly to make on the claim might be communicated to me before the Minister of Finances should decide upon it. This was the more important, as the director was known to be decidedly hostile to the claim, and to the restitution of any sum which had in any shape found its way to the public treasury.

My request was not complied with; but Mr. Parish still thought that the affair had taken a favorable turn, and, not expecting an immediate decision, left this city for Antwerp, and went thence on some business to England. From this last country he wrote to me a few days ago, and transmitted the enclosed copy of a letter addressed to him by the Minister of Finances, and by which he is informed that his claim is inadmissible.

The Minister’s letter is not less incorrect as to facts than weak in argument. The order to sell and to pay into the treasury the proceeds of the sales of sequestered property is not, and was not by the then existing government, considered as a condemnation.

When the vessels in question arrived at Antwerp, the only penalty for which they were liable for having touched in England was to be refused admission, and the only question was whether this exclusion should be enforced, or whether the consignees should be permitted to sell the cargoes. It was not at all by giving a retrospective effect to the Milan decree that the cargoes were sold. The sale took place about the same time that the property seized at St. Sebastian was sold; it was done by virtue of an order from government, distinct from the Rambouillet decree, and for which no motive was assigned. I have requested Mr. Parish’s lawyer to procure copies of the order of sale, and of that by which the money was paid into the public treasury instead of the caisse d’amortissement; for, although the substance of the orders is known, the text has not been communicated.

But, however easy it might be to answer the Minister’s letter, there would be some inconvenience in pursuing that course, or in prosecuting any farther Mr. Parish’s claim distinct from others of the same nature. I was, indeed, always averse to that discrimination, and did not share that gentleman’s hopes of success; but as he was very sanguine, and we had heretofore failed in obtaining relief, I could not resist his solicitation, especially after the receipt of your despatch No. 12.

The decision of the Minister of Finances, founded on the assumed principle that no redress remains when the money has been paid into the treasury and been expended, would apply with equal force to all the American claims. If it becomes necessary to combat seriously that doctrine, it will be better to do it generally and in a direct correspondence with the Minister of Foreign Affairs, than by answering a letter which is not addressed to me and applying my arguments to a single case. The self-love of the Minister of Finances would also be irritated by an exposure of his assertions; and we have already sufficient obstacles to encounter, without rendering the chance of success still more desperate.

I am still in hopes of receiving the instructions which I was led to expect from your despatch No. 12. If circumstances induce me to renew my application before these are received, it is my intention either not to take notice of the letter of the Minister of Finances, or to consider it merely as the proof that he could not, according to existing laws, on his sole responsibility, and without a diplomatic arrangement, order the claim to be liquidated.

His letter places, nevertheless, our claims on a still more unfavorable footing than that on which they heretofore stood. We had applied to this government for indemnity; we had stated the arguments by which our claims were supported; and receiving no written answer, we had it, however, placed on record that we had been verbally answered that the pressure of the demands of the allies was the reason why ours were not yet taken into consideration. This was not much; but still this government was not in the least committed by the decision of any of its ministers against us.

In the present state of things I will try, until I am positively instructed, to keep the negotiation alive, but without urging a decision, unless I can ascertain that a favorable result will be obtained; and of this I have indeed very little hope.

I have the honor, &c.