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The convention of commerce and navigation between the United States and
France, concluded on 1822-06-24, was, in the understanding and intent of
both parties, as appears upon its face, only a temporary arrangement of the
points of difference between them of the most immediate and pressing
urgency. It was limited in the first instance to two years from 1822-10-01,
but with a proviso that it should further continue in force 'til the
conclusion of a general and definitive treaty of commerce, unless
terminated by a notice, 6 months in advance, of either of the parties to
the other. Its operation so far as it extended has been mutually
advantageous, and it still continues in force by common consent. But it
left unadjusted several objects of great interest to the citizens and
subjects of both countries, and particularly a mass of claims to
considerable amount of citizens of the United States upon the Government of
France of indemnity for property taken or destroyed under circumstances of
the most aggravated and outrageous character. In the long period during
which continual and earnest appeals have been made to the equity and
magnanimity of France in behalf of these claims their justice has not been,
as it could not be, denied.
It was hoped that the accession of a new Sovereign to the throne would have
afforded a favorable opportunity for presenting them to the consideration
of his Government. They have been presented and urged hither to without
effect. The repeated and earnest representations of our minister at the
Court of France remain as yet even without an answer. Were the demands of
nations upon the justice of each other susceptible of adjudication by the
sentence of an impartial tribunal, those to which I now refer would long
since have been settled and adequate indemnity would have been obtained.
There are large amounts of similar claims upon the Netherlands, Naples, and
Denmark. For those upon Spain prior to 1819 indemnity was, after many years
of patient forbearance, obtained; and those upon Sweden have been lately
compromised by a private settlement, in which the claimants themselves have
acquiesced. The Governments of Denmark and of Naples have been recently
reminded of those yet existing against them, nor will any of them be
forgotten while a hope may be indulged of obtaining justice by the means
within the constitutional power of the Executive, and without resorting to
those means of self-redress which, as well as the time, circumstances, and
occasion which may require them, are within the exclusive competency of the
Legislature.
It is with great satisfaction that I am enabled to bear witness to the
liberal spirit with which the Republic of Colombia has made satisfaction
for well-established claims of a similar character, and among the documents
now communicated to Congress will be distinguished a treaty of commerce and
navigation with that Republic, the ratifications of which have been
exchanged since the last recess of the Legislature. The negotiation of
similar treaties with all of the independent South American States has been
contemplated and may yet be accomplished. The basis of them all, as
proposed by the United States, has been laid in two principles -- the one
of entire and unqualified reciprocity, the other the mutual obligation of
the parties to place each other permanently upon the footing of the most
favored nation. These principles are, indeed, indispensable to the
effectual emancipation of the American hemisphere from the thralldom of
colonizing monopolies and exclusions, an event rapidly realizing in the
progress of human affairs, and which the resistance still opposed in
certain parts of Europe to the acknowledgment of the Southern American
Republics as independent States will, it is believed, contribute more
effectually to accomplish. The time has been, and that not remote, when
some of those States might, in their anxious desire to obtain a nominal
recognition, have accepted of a nominal independence, clogged with
burdensome conditions, and exclusive commercial privileges granted to the
nation from which they have separated to the disadvantage of all others.
They are all now aware that such concessions to any European nation would
be incompatible with that independence which they have declared and
maintained.
Among the measures which have been suggested to them by the new relations
with one another, resulting from the recent changes in their condition, is
that of assembling at the Isthmus of Panama a congress, at which each of
them should be represented, to deliberate upon objects important to the
welfare of all. The Republics of Colombia, of Mexico, and of Central
America have already deputed plenipotentiaries to such a meeting, and they
have invited the United States to be also represented there by their
ministers. The invitation has been accepted, and ministers on the part of
the United States will be commissioned to attend at those deliberations,
and to take part in them so far as may be compatible with that neutrality
from which it is neither our intention nor the desire of the other American
States that we should depart.
The commissioners under the 7th article of the treaty of Ghent have so
nearly completed their arduous labors that, by the report recently received
from the agent on the part of the United States, there is reason to expect
that the commission will be closed at their next session, appointed for May
22 of the ensuing year.
The other commission, appointed to ascertain the indemnities due for slaves
carried away from the United States after the close of the late war, have
met with some difficulty, which has delayed their progress in the inquiry.
A reference has been made to the British Government on the subject, which,
it may be hoped, will tend to hasten the decision of the commissioners, or
serve as a substitute for it.
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