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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. 193.

Paris, 15th November, 1821.

Sir,—

. . . I also enclose the copy of an extract of the unpublished decree of the 22d of July, 1810, by virtue of which the proceeds of the sequestered American property, including that seized at Antwerp, were directed to be paid into the treasury and applied [to] public purposes. It appears to be that, the substance of which at least was known to Baron Louis, the former Minister of Finances, and on which he founded his opinion, as communicated to Mr. Parish, that the property was definitively condemned. But although that decree, which is only a supplementary budget without legislative interference, and refers exclusively to matters of finance, must necessarily be in the possession of that Department, it seems that, not having a precise recollection of the details, they have not thought of looking there for the order in question, and that supposing that there must have been a special decree for that purpose, which they cannot of course find, since it does not exist, they have not been able to furnish the Department of Foreign Affairs with the copy which has been repeatedly asked for. Mr. Rayneval, the Under-Secretary of State, who is to make a report on Mr. Parish’s memorial, and on my letter to Mr. Pasquier of the 9th of May, 1820, which accompanied it, assured me not long ago that the want of that document was the only cause of the delay, and that he really believed that there was no such decree. I had not then the enclosed extract, and, as it has been obtained confidentially from the Duke of Bassano, I am not authorized to communicate it to this government even if it was thought proper to do it. So far as relates to the mere question of right, it cannot certainly be affected by the decree; but one of the principal grounds on which I have been able to separate the Antwerp claims from all others without injuring these is, that not only the claimants had not violated any of the unlawful decrees of Bonaparte, but that their claims were not affected by any subsequent act of his, and it would, therefore, be more convenient not to have to encounter any argument, however fallacious, which may be drawn from that source. This inconvenience would have been altogether avoided, and the order of July, 1810, would probably never have been alluded to, had it not been for the unfortunate application of Mr. Parish to the Department of Finances.

Having, upon the whole, reason to believe that the report of Mr. de Rayneval cannot be unfavorable, and that the dispositions of this government are rather more friendly than during the last fifteen months, I have concluded to press the subject at this time, and gave to Mr. Gracie a letter of introduction for Mr. de Rayneval, copy of which is enclosed. This gentlemen has, in a first interview, appointed another for the 19th instant, in which he has promised to state whether there was any objection, and, in his opinion, any necessity for my writing another official letter to Mr. Pasquier. You will see, by referring to that which I had written on the 9th of May, 1820, and which has not yet been answered, that it would be difficult at this stage of the business to adduce any new arguments, and that it is more eligible to wait till the objections are stated before an attempt is made to enforce and illustrate the ground which has already been taken.

I must add that, besides the motives just stated, I had another cogent reason to urge a decision at this time. You are already in possession of my correspondence with Mr. Mertens, and several circumstances which have lately come to my knowledge have impressed the belief that an extensive speculation was on foot for the purchase of our claims, and that persons whom I had not heretofore suspected might be concerned in it. I hope that my last letter to Mr. Mertens has already arrested the plan, and I will now be able to act in concert not only with Mr. Gracie, but also with Mr. John Connell, of Philadelphia, who arrived here two days ago, and who has powers of attorney from the insurance companies for a considerable portion of the claims arising from the sequestered cargoes consigned to the former house of Mr. Ridgeway, at Antwerp. There were in the whole seven sequestered there, four of which were consigned to his house and three to that of Mr. Parish. I have not seen the accounts of sales, but have been told that the amount exceeded four millions of francs.

I have the honor, &c.

[Enclosure.]

EXTRAIT DU DÉCRET DU 22 JUILLET, 1810.

ART. 1.

Seront versées dans la caisse des douanes pour le compte du trésor public, et affectées au service des exercices 1809 et 1810, les sommes provenantes:

1. De la vente des cargaisons américaines saisies à Anvers.

2. De la vente des cargaisons américaines remises par la Hollande.

3. De la vente des cargaisons des bâtiments américains saisis dans les ports de l’Espagne.

4. Du produit des saisies faites par la ligne des douanes en Hollande, et de celles qui seront faites par la même ligne, déduction faite de pour les troupes et les préposés, etc.

10. De la vente des bâtiments américains, ottomans et neutres, qui seront saisis dans les ports de la Méditerranée et de l’océan.

ART. 2.

. . . Les autres produits ci-dessus detaillés, seront portés en recette comme produits extraordinaires des douanes affectés au service de 1810, etc., etc.