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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. 182.

Paris, July 2, 1821.

Sir,—

I have the honor to enclose the copy of the letter I wrote the 28th ultimo to Mr. Pasquier on the subject of the Apollon:

Some of the observations are in reply to those made by him in our last interview; but you will perceive that I have generally taken rather new ground. All that could be said with respect to the effect of the non-ratified treaty with Spain was already contained in your communications, and you are aware that the doctrine is not generally admitted in Europe. I thought it equally dangerous and inconsistent with our general principles to assert that we had a right to seize a vessel for any cause whatever, short of piracy, in a place where we did not previously claim jurisdiction; and it appeared to me, from the general facts as well as from the documents transmitted, that we could with great propriety maintain the position that the pretended port of St. Joseph was included within the limits of our previous occupancy. I have at the same time brought in view the principal feature of the conspiracy to evade and violate our laws, and said nothing tending to lessen the force of the arguments heretofore used. There was, it seems to me, an intrinsic difficulty in the case, owing to the want of an Act of Congress extending at least the revenue laws of the United States to the places and waters occupied or claimed. This may give rise to an application for indemnity on the part of the parties, which would, however, be only a private claim, to be discussed when those of our citizens shall be taken into consideration by this government.

I had in the conversation with Mr. Pasquier alluded to the seizures at St. Sebastian’s, with the ostensible view of showing our consistency in considering the actual possession as superseding what may be called the legal title, since, whilst asking indemnity in that case for a groundless and unjust seizure and sequestration, we had made no separate demand for the supposed violation of the Spanish territory, had not considered the government of Spain as responsible, had made, indeed, no application to it for indemnity in that respect. My real object was, however, to remind this government of the little right they had to show or to affect such susceptibility in the case of the Apollon, particularly when it was recollected that this vessel was without the least delay brought to a fair trial before an independent tribunal, whilst we had in vain applied for ten years for a similar measure of common justice, which continued to be denied us even by the existing government. Upon reflection, I thought it sufficient to have alluded verbally to that subject. Our ground was strong enough in the case of the Apollon, without recurring to any considerations drawn from the conduct of the French, and I did not wish to run the risk of lessening in the smallest degree our claims for indemnities by using arguments which might have the appearance of justifying our acts by theirs, and of thereby suggesting some ground of justification for these.

I have the honor, &c.