| Doc. No. 116. J 2J th Congress, is/ Session. Ho. or-- Reps. Hxecutive. MEDIATION OF GREAT BRITAIN—FRENCH AFFAIRS. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES. TnA.\warriNu Copies of the correspondent'1 between the Sicretary of Stale mid the Charite if \ failes of his liritannic Majesty. relative to the disoffree- Writ behceen the L nlled States mid France. Febri art 23, 1836. Referred io the ComuHlwr Foreign A^dix To -tho Senate and House of Representatives: I transmit, herewith, to Congress, copies of the correspondence between the Secretary of State, and the Charge dtAt&ires of his Britannic Majesty, relative to the mediation of Great Britain in our disagreement with France, and to the dfierminalion of the French Government to execute the treaty of indemnification without further delay, on the application for payment by the agent of the United States. The grounds upon which the mediation was accepted will Lie found fully developed in the correspondence. On the part of France, the mediation had 1-een publicly accepted before the offer of it could be received here. Whilst each of the two Governments has thus discovered a just solicitude to report to till honorable means of adjusting amicably the controversy between them, it is a matter of congratulation that the mediation has been rendered unnecessary. Under such circumstances, the anticipation may lie confidently indulged, that the disagreement between the United States and France will not have produced more than a temporary estrangement. The healing effects of time, a just consideration of the powerful moi ives for a cordial good understanding between the two nations, the strong induce Tneuts each has to respect and esteem the other, will no doubt soon obliterate from their remembrance all traces of that disagreement. Of the elevated and disinterested part the Government of Great Briiam has acted, and was prepared to act. 1 have already had uccirion to express my high sense. Universal respect, and the consciousness of meriting it, are with (governments, as with men, the just rewards of those who filith- fiilly exert their power to preserve peace, restore harmony, ami perpetuate good will. 1 may l»e permitted. 1 lii>i, at this time, without a suspicion of the most remote desire to throw olf censure from th; Executive. or to j>oim it to any B'.iirw Rives, palters.
2 [ Doc. No. 116. ] other Department 'or branch of the Government, to refer to the want of effective preparation in which our country was found at the late crisis. From the nature of our institutions, the movements of the Government in preparation for hostilities, must ever be too slow tor the exigencies of unexpected war. I submit it then to you. whether the first duty we owe to the people who have confided to us their power, is not to place our country in such an attitude as always to be so amply supplied with the means of self- defence, as to ariord no inducements to other nations to presume upon our h>rbearance, or to expect important advantages from a sudden assault, either upon our eommeiw. our sea coast, or our interior frontier. In case of die commencement of hostilities during the recess of Congress, the time necessarily elapsing before that body could be called together, even under the most favorable circumstances, would be pregnant with danger; and if we escaped without signal disaster m national dishonor, the hazard of both imneccssarily mem red. could not fail to excite a feeling of deep reproach. 1 earnestly recomtnend to you, therefore, to make such provisions that in no future time shall we be found without ample means to repel aggression. । ven although it may come upon us without a note of warning. We are how fortunately so situated that the expenditure for this purpose will not ' hdl. and if it were, it would he approved by those from whom all its ulfeans w-(li rimL and for whose benefit only it should be used with a T" ral economy and an enlightened forecast. In behalf of tht^ suggestions 1 cannot forbear repeating the wise precepts of one whose counsels cannot he forgotten: ‘ Th‘‘ I liiited States ought not to indulge a persuasion that, contrary m the order of human events, they will forever keep at a distance those painful appeals to arms with whu ilm history of every other calam abounds. There is a rank due to me I Inited States among nations which will be withheld, if not absolutely lost, by the reputation of weakness. If we desire to avoid insult, we must be able to repel it. If we desire to secure peace, one ol the most powerful mstru- foeuts of our rising prosperity, it must be known that We are at ail times ready lor war." ANDREW JACKSON. h'ahnwry 22, 1836. Wasrusutu.v, January 2/ 1836. Tre* undersigned, his Britannic Majesty’s Charge d*Alfaires, has been msimcted to state to Mr. Forsyth, the Secretary of State of the United States, that the British Government has witnessed with the greatest pain and regret the progress of (he misunderstanding which has lately grown up between the Governments of France and of the United States. The first Object of the imdcvuuing policy of the British cabinet, has been to maintain. unmterrupn d. the relations of peace between Great Britain and the other nations of the world, without any abandonment of national inte- ieMs, mid without ;my sacrifice of national he tor. The next object to which 1 m ir anxious and unremitting exertions have been dimeted, has been, by an appropriate exefcisc of the good officer and mural influence of Great Hrir Jn. to lie;-.I dissensions which may have arisen among neighboring powers^ and to preserve for other .nations, those blf ssings of peace which Great Britain is so d-sirousuf securing for herself
[ Doc. No. 116. ] 3 The steady efforts of his Majesty’s Government have hitherto been fortunately successful in the accomplishment of both these ends: and wbde Europe, during the last rive wears, has passed through a crisis of extraordinary hazard, without any disturbance of the general peace, his Majesty'' Government has the satisfaction oi thinking that it has, on more, than one occasion, been instrumental in reconciling differences which might other wise ha\i- led t<> quarrels, and in cementing union between friendly powers But if ever there could be an occasion on which it would be painful m the British Government io see the relations of amity broken oil’ between two friendly States, the, occasion is imibmbtedly the present, when a rupture is apprehended between two great powers, with both of which Great Britain is united bythech s; with om m’ nhich she is engaged in active alliance; with the other nt which she is joined by commnm interest, and by the bonds of kindred. \or would the grounds oi diiferenee on the presenlpccasion, recon He the friends and well-wishers of the differing parties. Io the misfortune of an open ruptur n 'tween them. When the conflicting intercuts of two natio :s ar" v opposed, on a pa-- ticulai is to admit of no possible compromise, th * sword may be required tp cut the khat which reason is unable to untie. When passions have been so excited on both sides. that no common standard •; j islice can be found, and what one party insists on.aa a right, the other denounces as a wrong, prejudice may bt come too headstrong yield to the voice of wpmy. and those who can agree on nothing else, mt ' consent to .a1 ide the fate of arms, and fo allow that the parly which shall prove the weakest in die w; r, shall be deemed to have been wrong in the dispute, But in the present case, there is no question of national interest at issue between France and the United States; In the | rest nt case, there is no demand of juisxice made by one party, and denied by the other. Th ■ iis put d claimsof Imeflca on France, which were founded upon transactsw-- in the early part of the present cemury. and were for many years in litig < lion, have at length been established by mutual consent, and are admitted by a treaty concluded between the two Governments. The money due by France has been provided by the Chambers, and has been, placed at disposal ol the French Government, for the purpose of being paid to th" United States. But question? have arisen ^between rhe i ' •Givithiiipiik in the ; cs< of those transactions, affecting on both sides the feelings m national honor, and it is on this ground that the r ■' itibnS between the par ties have >r the mom mi suspend'd. and are in danger of being m 1' serion sly in t err u pted. In this state of things, the British Government is I sd to think that the go >d < Gices oi a third power, equally the friend of France and of the United States, and prompted by considerations of the highest order, most earnestly to wish for the continuance of peace, might be useful in restoring a go understanding between the two parties, on a footing consistent with the nicest feelings of national honor in both. The undersigned has therefore been instructed by his Majesty’s Govern ment, formally io tender to die Government of the United States, the inedi alion of Great Britain, for rhe settlemem of the differences between die United States and France: and to say that a note, precisely similar to the present, has been delivered to the French Government by his Majesty’s
4 [ Doc. No. 116. ] Ambassador at Paris. The undersigned has, at the same time, to express the confident hope of his Majesty’s Government, that if the two parties could agree to refer to the British Government, the settlement of the point at issue between them, and io abide by the opinion which that Government might, after due consideration, communicate to the two parties thereupon, means might be found of satisfying the honor of each, without incurring those great and manifold evils which a rupture between two such powers muinevitably email on kah. 'The nntjeisigned lias the honor io renew to Mr. Forsyth the assurance ci mosf distinguished consideration. CHARLES BANKHEAD. Department op State. Ilashinghn^ February 3, 1836. The undersigned^ Seeretar j al State of the • nited States, hashed the honor to receive the note pi the 27th ultimo, of Air. Charles Bankhead, his Britannic M I s Charge d’A flaires. offering to the < mvcrnment of the i imed HtaU - <ho mediation of Lis Bfitanmc Mcic^y's Government ibr the settlement of the differences unhappily existing between the United States and France. 'That communication having been subnutted to the President, and considered with all the care belongingto the importance Of rhe subject, and the source from which it emanated, the undersigned has been instructed assure Mr. Bankhead that the disinterested and honorable motives which have dictated the proposal are fully appreciated. The pacific policy of Ins Br imim ■ Majesty’s cabinet. and. their efforts to heal dissensions arising among nations, are worthy of the character and commanding influence ot Great Britain ; and tlie success of those efforts is as honorable to the Go- \> mment by whose instrumentality it was secured, as it has been beneficial to the parties more immediat ‘iy interested, and to the world at large. The sentiments upon which this policy is founded, and which are so forcibly displayed m the offer that has been made, am deeply impressed upon the mind, of the President. They are congenial with the institutions well as with the interests and pabits, of the people of the I iiitcd States; and it has been the constant aimoftheir Government, in its । nd not towards other Powers, to observe and illustrate them. Cordially approving the general views of his Britannic Majesty’s Government, the President regards with peculiar satisfaction the enlightened and disinte n'Sh u solicitude manifested by it, for the welfare of the nations to whom its good < il cc- a.-r imw tendered^ . nd has seen with great sensibility- in the > clnbit on of that feeling, the recognition of that co mnunity of interests, and those tins of kindred, by which the United Stales and Great Britain arc united. If circumstances did not render it certain, it would have been obviou from the language of Mr. Bankheads note to the undersigned that the Government ot his Britannic Majesty, when the instructions under which it was prepared were given, could not have been apprised of all the steps taken in the controversy between the United States and France. It was necessarily ignorant of the tenor of the two recent messages of the President to Congress—the first communicated at the commencement of the present session, under date of the 7th of December, 1835, and the second under
[ Doc. No. 116. ] that of the 15th of January, 1836. Could these documents have been ithin the knowledge of his Britannic Majesty’s Government, the President does not doubt that it would have been fully satisfied that the disposition of the United States, notwithstanding their well-grounded and serious causes of e->mplaint against France, to restore, friendly relations and cultivate a good understanding with the Government of that country, was tin diminished, and that all had already been done, on their pan, that could in reason be expected of them, to secure that result. The first o these documents. ? dimugh it gave such a history of the origin and progress of the claims of he United States, and of the proceedings of France before and since the ucaly of 1831, as to vindicate the statements and recommendations of the message of the first of Decem >er, 1834, yet expressly disclaimed th > oFen- siw interpretation ail upon it by the Government of France; and while it insisted on the aci uowledged rights oi the United Si des, and the obligaj s of the treaty, and mi......lined the Junior and iml pmdenee of the American Guvermnem, evinced an anxious desire to do all that ionstitu- loi il duty and strict justice would permit, to removi every cause of irritation and excitement. The special message ot the 15th January last, being 11- d Ibi by the extraordinary and inadmissible demands of tin Govcrn- mmt of France, as defined in the last official communications ar Paris, and ' y 1 lie continued refusal of France to execute a treaty, from die faithfu performance of which by the United States it was tranquilly ei joying im- ■mtnm advantages, it became the duty of the Presidem to recommend such ue^mres as might be adapted to the exigencies of the occasion. Unwilling m believe that a nation distinguished for honor and intelligence could have ■ <fier nined perman miy to maintain a. groun 1 s- mdelensible. ai 1 anxious Midi to leave open the door of reconciliation, the President contented I im- s’df with proposing to Congress, the mildest of the remedies given by the law and practice of nations, in connection with such propositions for de- leuce as were evidently required by the condition ot the United States, and he attitude assumed by France. In all these proceedings, as well as in every stage oi these difficulties with France, it is confidently believed that me course of the United Stares, when duly considered by other Govern- lems and the world, will be found to have been marked, not only by a. pa- fic disposition, but by a spirit of forbearance and conciliation. Fi a a further illustration of this point, as well as for the purpose o presenting a lucid view of the whole subject, the undersigned has the i on or to transmit to Mr. Bankheed copies of all that part of the message of December 7 th, 1835, which relates to it, and of the correspondence ■ eferred to therein; and also copies of the message am accompanying rm 11 meats of the 15th of January. 1836: and of another message of the I Sth of the same month, transmitting a report ot the Secretary of State, and certain documents connected with the subject. These papers, while they bring down the history of the misunderstand- ng between the United States and France, to the present date, will also emove an erroneous impression which appears to be entertained by his fitanic Majesty's Government. It is suggested in Mr. Bankhead’s note, that there is no question ot national interest at issue between France and the United States; and that, there is no demand of justice made by the one party and denied by the other. This suggestion appears to be founded on the facts, that the claims of the United States have been admitted by a treaty concluded between the two Governments, and that the money due
[ Doc. No. 116. | by France has been provided by the Chambers, and placed at the disposa of the French Government for the purpose or beiny paid to the United States. But it is to be observed, that the payment of die money thus appropriated, is refused by the French Government, unless the United States will first comply with a condition not contained in t re treatv, and not assented to by them. 'Phis refusal to make payment is. m the view c>’ the United States, a denial of justice; and has nor only been aecompanie by acts and language of which they have great reason to complain, but the delay of payment is highly injurious to those American citizens who ar entitled to snare in the indemnification provided by the treaty, and to the interests of the United States: inasmuch as die reduction of the dime' f ried on French wines, in pursuance of that treaty. has diminished Lie public revenue, and has been, and yet is, enjoyed by Fiance, with all the other benefits of the treaty, without the consideration and equivalents b which they were granted. But there are other n.uional interests, and in the judgment of this Government. national interests oi' file highest order- involved in the condition prescribed, and insisted on by France, which it has Keen, by rhe President, made the duty' of the undersigned to Bring distinctly into view. That condition proceeds on the assumption that ■ foreign power. whose acts are spoken of by the President of the United States in a message to Congress, transmitted in obedience to his constitutional duties, and which deems itself aggrieved by the jn^gtuge rims hteld by him. may, as a mutter of right, require now the Government of rhe United States a rect < fhcial explanation of such F iw^e. to be river. .• such form, and expressed in such terms, asshail meet the requirements. an i satisfy the feelings. of the offended party: and may. in default of sucl .planation, annul or suspend a solemn treaty, duly executed by us consti union. 1 organ. Whatever may be the responsibility of those nations wimst- Fxecutives po. wss the power oi declaring war, and of adopting other coercive remedies wuhout ihe intervention of the legislative depart men.. foi' tie language hold by the 1 xecmive in addressing that departi c it is obvious that under (he constitution of the United States, which jv - lothe Executive no such powers, but vests them exclusively in the LegH- lamre. whilst at ihe same lime it imposes on the Executive the duty of lay ng before the Legislature the .Mate of the nation, with such lucmnmembii ■ as lie may deem proper, no such responsibility cun he admitted wk o impairing that freedom of intercommunication which is essential to the system, and without surrendering, in this important particular, the right ol self-government. n accordance with this view of the federal constitun lias been I he practice under it. The statements and recommei dations of :he President to Congress are regarded by this Government as a part » the pure ’domestic consultations held by its different departments—con snliatioiu in which nothing is addressed to foreign powers, and in wm i they cannot be permitted to interfere : and for which, until consummated and carried out by acts emanating from the proper constitutional organs the nation is nor responsible, and the Government not liable to a coum ' ’ other Stares. It will be seen, from the accompanying correspondence, thai when th ■ condition referred to was first proposed in the Chamber of Deputies, th insuperable objections to it were fully communicated by the America minister al Paris, to the French Government; and that he distinct!; informed it, that the condition, if prescribed, could never be complied with. The views expressed by him were aporoved by the President, and have
[ Doc. No. 116. ] 7 been since twice asserted and enforced by him in his messages to Congress, in terms proportion*3^ in their explicitness and solemnity, to the conviction he entertains of the importance and inviolability of the principle involved. The United States cannot yield this principle, nor can they do, or consent to, any measure, by which its influence in the action of their political system can be obstructed or diminished. Under these circumstances, the President feels that he may rely on the intelligence and liberality of his Britannic Majesty’s Government, for a correct estimation of the imperative obligations which leave him no power to subject this point to the control of any foreign State, whatever may be his confidence in its justice and impar tiality—a confidence which he has taken pleasure in instructing the undersigned to state is fully reposed by him in the Government of his Britannic Majesty. So great, however, is the desire of the President for the restoration of a good understanding with the Goyernnient of France^ provided it, can be effected on terms compatible with the honor and independence of the United States; that if, after the frank avowal of his sentiments upon the point as: referred to, and the explicit reservation of that point, the Government of his Britannic Majesty shall believe that its mediation can be useful in adjusting the differences which exist between th, two countries, and in restoring all their relations to a friendly footing, he instructs the un Ur- signed to inform Mr. Bankhead, that in such Case, the offer of mediation, made in his note, is cheerfully accepted. The United States desire nothing but equal and exa.-t justice : and they cannot but hope, that the good offices oi a third Power, friendly to both parties, and prompted bv the elevated considerations manifested in Mr. Bankhead’s note, may promote the attainment of this end. Influenced by these motives, the President will cordially corbperafe, so fax as his constitutional powers may enable him. in such steps as may be requisite, on rhe pari ot the United States, to j-ive-ff '. : m th * proposed mediation. He trusts that no unnecessary delay will be allowed to occur, mid instructs th undersigned to request, that the earliest information of the measures taken bv Great Britain, and of their result, may he communicated to this Government. bhe undersigned avails himself of the occasion, to renew to Mr. Bank- head the assurances of his distinguished consideration. JOHN FORSYTH. Washi>uton, February 15, 1S3G. Tile undersigned. his Britannic Majesty’s (/liam d'Affaires, with rcle- r< nee to his note of the 2Zth of last month, has the honor to inform Mr. Forsyth, Secretary of State of the United States. dial h< has been instructed by hisGoverriment tostate. that the British Government has received a communication from that of France, winch fulfils the wishes that impelled his Britannic Majesty to offer his mediation for the purpose of effet ting an amicable adjustment of tl nee. between France and the United States. The French Government has stated tn that of his Majesty, that the rank and honora! ■ • • m hi m whu-a hePresidenthas. in his r-cunt message, expressed himself with regard to the points of difference between the Go?
8 [ Doc. No. 116. | vernments of France and of the United States, has removed those diffiem Ues upon the score of national honor, which have hitherto stood in the way of the prompt execution by France of the treaty of die 4th July. 1831. and that, consequently, the French Government is now ready to pay the in>a. ment which is due on account of the American indemnity. whenever the payment of that instalment .shall be claimed by the (iowrumeut of the United States. The French Go' "rnment has also stated, that it made this communii alio to that ol ( treat Britain, not regarding the British Government as a formal mediator, miic^ m <>;Fr of mediation had then reached only ihetinv-T:;- incut of France, by which it had been accepted ; but looking upon the British Gove.rumem as a common friend of the two parties, and. there! .. a> a natural chanm 1 Qi communication between them. The undersigned is further instructed to express the sincere pleasu e which is fell by the British Government at the prospect thus afforded of an amicable termination of a difference which has produced a temporary estrangement between two nations who have so many interests in common, and who arc so entitled to the friendship and esteem of each other: and the undersigned has also to assure Mr. Forsyth that it has afforded the British Government <he mast lively satisfaction to Have been, upon tins occasion, the channel of a communication, which liny trust, will lead to the complete restoration of Iricndly relations between the United States and France. The undersigned lifts great pleasure in renewing to Mr. Forsyth the assurances of his most distinguished consideration. CHARLES BANKHEAD The Hon. John Forsyth. Ac. Department of State. VTaskington, rebruary Wth, 1S36 The undersigned, Secretary of State of the United States, has had the honor to receive Mr. Bankhead's note of the 15th instant, in which he states, by the instructions of his Government, that the British Government have received a communication from that of France, which fulfils the wishes that impelled his Britannic Majesty to offer his mediation, for th" purpose of effecting an amicable adjustment of the differences between France and the United Stales -that the French Government, being statisfied with the frank and honorable manner in which the President has, in his recent message, expressed himself in regard to the points of difference between th- two Governments, and is ready to pay the instalment due on ac count of the American indemnity, whenever it shall be claimed by the Government of the United States, and that this communication is made to rhe Government pf Great Britain, not as a formal mediator, hut as a common friend of both parties. The undersigned has submitted this hote of his Britannic Majesty’s Chnrg6 d’Affaires to the President, and is instructed to reply, that the President has received this information with the highest satisfaction : a satis faction as sincere as Was bis regret at the unexpected pccnrrence of the difficulty created by the erroneous impressions heretofore made upon the national scwubilitv of France. By the fulfilment of the obligations ol the convention bet wet: । the two Goveruttfents, rhe great ca liflereuce
[ Doc. No. 116. ] will be removed, and the President anticipates that the benevolent and magnanimous wishes of his Britannic Majesty’s Government will be speedily- realized, as the temporary estrangement between the two nations, who have so many common interests, will no doubt be followed by the restoration of their ancient ties of friendship and esteem. The President has further instructed the undersigned to express to his Britannic Majesty’s Government his sensibility at the anxious desire it has displayed to preserve the relations of peace between the United States and France, and the exertions it was prepared to make to effectuate that object, so essential to the prosperity and congenial to the wishes of the two nations, and to the repose of the world. Leaving his Majesty’s Government to the conciousness of the elevated motives which have governed its conduct, and to the universal respect which must be secured to it, the President is satisfied that no expressions, however strong, of his own feelings, can be appropriately used, which could add to the gratification afforded to his Majesty’s Government, at being the channel of communication to preserve peace, and restore good will, between different nations, each of whom is its friend. 1 The undersigned avails himself of this occasion, to renew to Mr. Bank- head the assurance of his distinguished consideration. JOHN FORSYTH. Charles Bankhead, Esq. &c.
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