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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. 203.

Paris, 28th January, 1822.

Sir,—

I had yesterday a conference with the Minister of Foreign Affairs on the subject of the Antwerp claims. In the course of it I referred him to my letters to one of his predecessors of the 9th November, 1816, and of the 22d of April, 1817: to the first, in order that he might have a general view of the nature and extent of our claims; to the other, for the purpose of showing both the cause of the delay which had taken place on that subject, and that we had always considered the reclamations for the property sequestered and not condemned to be of such nature that the claims ought to be liquidated and paid in the ordinary course of business, and did [not] require any diplomatic transaction. I then stated that although our commercial difficulties might have justly claimed the more immediate attention of the two governments, yet there was this difference between the two subjects, that the last was only one of mutual convenience, each party being, after all, at liberty, though at the risk of encountering countervailing measures, to regulate its own commence as he pleased, whilst the question of indemnity for injuries sustained was one of right. In this case we demanded justice, and [I] was sorry to be obliged to say that, notwithstanding my repeated applications during a period of near six years, I had not been able to obtain redress in one single instance for my fellow-citizens; an observation which applied not only to cases which had arisen under the former government of France, but also to wrongs sustained under that of his Majesty. Such result could not escape the notice of my government, and had accordingly been complained of in the most pointed manner in the instructions I had from time to time received. There was indeed an aggravating and most extraordinary circumstance with respect to the applications relative to injuries sustained under Bonaparte’s government. Not only had I failed in obtaining redress, but I had not even been honored with an answer. It could not be concealed that such a course of proceedings on the part of France had a tendency to impair the friendly relations between the two countries, and might have an unfavorable effect even in the discussion of other subjects. I therefore earnestly requested that he would immediately attend to the reclamation now before him, and no longer delay the decision which we had a right to expect.

Viscount Montmorency at once answered that he had read the papers relative to the Antwerp sequestrations, and that he was struck with the justice of the claim. He regretted, he added, that the settlement of this reclamation should have fallen on the present Ministry; that a decision had not taken place in the year 1819; that such an objection as that complained of had at that time been raised by the Minister of Finances. This candid declaration was made, he said, in full confidence that I would understand it as an opinion formed on a first impression, and as being only his individual opinion. He had not yet conferred on the subject with the Minister of Finances or his other colleagues, which he promised to do without delay, and to lay the subject before the King as soon as possible. Speaking of our claims generally, he alluded to the hardship that the King’s government should be made responsible for all the misdeeds of Bonaparte; an observation to which I did not think necessary to answer, as he spoke only of the hardship of the case, and did not assert that the obligation did not exist. So far as I could judge of his intention, it was that something should be done at present that might soothe our feelings; and I do not believe that he would be disposed to go at this time beyond the Antwerp claims. I think, indeed, that if they could separate Mr. Parish’s from Mr. Ridgeway’s reclamation, which appears altogether impossible, they would grant indemnity only for the cargoes which had been consigned to the first house. It must be admitted that the subject is extremely unpopular with all parties, and that there will probably be a difficulty in obtaining the necessary appropriations from the legislative body. . . .

I have also the honor to enclose two memoirs of Mr. Delagrange in American cases pending before the council of state, which show the pertinacity with which the administration of the Douanes continue to insist, notwithstanding the decision in the case of the Eagle, that a sequestration is tantamount to a condemnation. Whether it is on account of that decision, or because, as asserted to me by the Under-Secretary of State in the Department of Foreign Affairs, they have not been able to find out the decree of 22d of July, 1810, that in this instance they insist on the sequestration instead of the payment in the treasury, I cannot say, and is not very material. The case of Faxon stands by itself, and I enclose the supplementary memoir in his behalf, principally on account of another most arbitrary decree of Bonaparte, dated 3d of October, 1810, which was altogether unknown to me. Had I had it when I wrote my long note of 10th of January last to the Minister of Foreign Affairs, I would have quoted it as an additional proof that when Bonaparte intended to confiscate, an express clause to that effect was inserted in the body of his decrees. The 10th Article of the treaty with Holland also shows that, at least at that time, he had not made any final decision on the American property sequestered, and that its fate was to depend on the political relations with the United States.

I have the honor, &c.