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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. 233.

Paris, 24th September, 1822.

Sir,—

I had yesterday a conference with Mr. de Villèle on the subject of our claims. He expressed his wish that a general arrangement might take place embracing all the subjects of discussion between the two countries; stated those to be, the reclamations of the United States for spoliations on their trade, those of France on account of Beaumarchais’ claim, and of the vessels captured on the coast of Africa, and the question arising under the Louisiana Treaty; and asked whether I was prepared to negotiate upon all those points. I answered that I was ready to discuss them all; but that I must object to uniting the Louisiana question to that of claims for indemnity, as they were essentially distinct, and as I thought that, after all that passed, we had a right to expect that no further obstacle should be thrown in the discussion of our claims by connecting it with subjects foreign to them. Mr. de Villèle appeared to acquiesce in that observation, and I then said that with respect to the reclamations of France, I had already answered, in my letter of the 13th of June last to Viscount Montmorency, that I was ready to take them into consideration, provided there was a perfect reciprocity both in point of time and as related to the nature of the claims; and that Beaumarchais’ claim arising from a contract, if that was taken up, all the claims of our citizens of the same nature must also be embraced by the arrangement which was contemplated. I added, that although my applications for indemnity had heretofore been only for cases of spoliations contrary to the law of nations, yet the claims arising from contracts were numerous, and I mentioned those for supplies to St. Domingo during Le Clerc’s expedition, all of which had, by an arbitrary act of Bonaparte, been cut down to one-third part of the original amount.

Mr. de Villèle said that he had thought that the proper distinction to be made on both sides was, whether redress might be obtained before courts of justice or not, and that those claims alone ought to be embraced by an arrangement between the two governments in which such remedy could not be had. He then said that, as a difference of opinion might be expected in many cases between the commissioners to whom the business might be referred, it would be necessary to provide means for an ultimate decision in such cases, and asked (what he well knew) what means had been resorted to for that purpose in our arrangements with other nations on similar subjects.

On the last point I answered that we had either provided that an additional commissioner should be drawn by lot, or that the subject should be referred to a foreign sovereign selected by mutual consent; and Mr. de Villèle at once said that the last was by far the most eligible mode, and that the sovereign ought to be selected and named at the time of making the arrangement, without waiting for the contingency under which it might become necessary to appeal to him.

As to the distinction he had suggested, I observed that I could easily see how it would apply in relation to French claims; that the principle adopted in the United States was that no suit could be brought against them, but that all their agents or officers might be sued for damages without the authorization of the Administration; and that, according to that principle, the heirs of Beaumarchais could not, and the owners of the vessels captured on the coast of Africa might, obtain redress before the ordinary tribunals. But I could not accede to the proposal, because a great portion of our claims was for indemnities in cases where the tribunals had already condemned the property by virtue or under color of decrees violating the law of nations, our application in those cases being founded on the injustice of the decrees themselves. It might be that for that very reason those claims might, even with the distinction suggested, be considered as not excluded; but this was doubtful, and I was unable to judge how that distinction would generally apply to the claims of the citizens of the United States. Mr. de Villèle said that it was impossible that France should consent to pay for the property which had been actually condemned. I replied that it was equally impossible that the government of the United States should consent to abandon the claim; and that since there was such difference of opinion in that respect, it was precisely one of the cases in which a reference to a third party would become necessary.

Mr. de Villèle then said that it was his intention to propose to the King to appoint Mr. de Neuville to negotiate with me on the subject. I answered that I was ready to open the discussion with any person the King might be pleased to appoint for that purpose, and that certainly no one could be more agreeable than Mr. de Neuville; but that I thought it most eligible that the Cabinet and myself should, in the first place, agree on some general basis; that, after having left my application unanswered during six years, it appeared to me that we were entitled to something more than the notice of the appointment of a person to treat; that we expected, and in fact had asked, a decisive answer; and that I disliked every proposal which had the appearance of adding further delays to that which had already taken place. Mr. de Villèle disclaimed any intention of that kind; declared his inability, from want of time and of knowledge of the subject, to investigate it and to agree to any preliminary basis, and ended the conference by saying that he would, however, converse with Mr. de Neuville and request him to confer with me before he proceeded to an official appointment.

I have the honor, &c.