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Mr. F. said that, in offering this resolution, he requested the indulgence of the House while he endeavored to explain the reasons which induced him to solicit this inquiry-an inquiry into the inequality of burthens imposed by the present tariff—and of which the duty on the importation of foreign coal was the eminent instance.

THURSDAY, February 5.

Louisville and Portland Canal.

The House then went into Committee of the Whole on the state of the Union, (Mr. PATTON in the chair,) and took up the following bill: “A bill in relation to the Louisville and Portland

Canal.

"Be it enacted, &c. That the Secretary of the Treasury be, and he is hereby, authorized and directed to purchase, in the name of the United States, the shares of stock held by individuals in the Louisville and Portland Canal Company: Provided, That each share shall not cost a sum exceeding one hundred dollars.

"SEC. 2. And be it further enacted, That, when the said purchase shall have been completed, it shall be the duty of the said Secretary to appoint a superintendent of said canal, whose compensation shall be fixed by law, and whose duty it shall be to take proper care of the canal.

"SEC. 3. And be it further enacted, That the tolls to be received on said canal, after the stock thereof shall have been purchased in manner aforesaid, shall be so regulated as to be in no event more than sufficient to keep the same in good repair."

The bill having been read at the Clerk's table,

SATURDAY, February 7. Relations with France.

[H. OF R.

The following Message was received from the President of the United States: To the House of Representatives of the United States :

I transmit to the House of Representatives a report of the Secretary of State, accompanied with extracts from certain despatches received from the minister of the United States at Paris, which are communicated in compliance with a resolution of the House of the 31st ultimo. Being of opinion that the residue of the despatches of that minister cannot, at present, be laid before the House, consistently with the public interest, I decline transmitting them. In doing so, however, I deem it proper to state that, exhibiting any change in the condition of the busiwhenever any communication shall be received, ness referred to in the resolution, information will be promptly transmitted to Congress.

ANDREW JACKSON.

WASHINGTON, February 6, 1835.

DEPARTMENT OF STATE,

WASHINGTON, February 5, 1835. To the PRESIDENT of the United States:

The Secretary of State, to whom has been referred the resolution of the House of Representatives of the 31st ultimo, requesting the President to communicate to that House, if not incompatible with the public interest, "any correspondence with the Government of France, and any despatches_received from the minister of the United States at Paris, not hitherto communicated to the House, in relation to the failure of the French Government to carry into effect any stipulation of the treaty of the 4th day of July, 1881," has the honor to report to the President, that, as far as is known to the Department, no corre

Mr. POPE, of Kentucky, moved an amend-spondence has taken place with the Government of ment, appropriating $654,800 to the objects of

the bill.

Mr. P. then addressed the House in support of the bill and amendments.

Mr. FILLMORE rose to inquire of the gentleman from Kentucky, (Mr. POPE,) whether the charter of the company did not require that its officers should be stockholders. If this were so, and the United States should purchase out the stock, the charter must be destroyed; for the company, owning no stock, could have no officers; and in that case, by what title could the United States hold the property, and by what authority could they exact any toll?

France since that communicated to the House on the

27th December last. The Secretary is not aware the United States at Paris present any material fact that the despatches received from the minister of which does not appear in the correspondence already transmitted. He nevertheless encloses so much of those despatches, written subsequently to the commencement of the present session of the French Chambers, as may serve to show the state of the business to which they relate since that time, and also that portion of an early despatch which contains the substance of the assurances made to him by His Majesty the King of the French, at a formal audience granted to him for the purpose of presenting his credentials: and he submits for the President's consideration, whether the residue can, consist ently with the public interest, be now laid before the

House.

JOHN FORSYTH.

Mr. POPE stated that he had examined the charter, and that the difficulty suggested by the honorable gentleman from New York (Mr. FILLMORE) did exist; but it could be obviated by a conditional clause in the bill providing for Mr. Livingston to the Secretary of State of the the difficulty.

The question was now taken on the amendment proposed by Mr. POPE, appropriating the money necessary to make the purchase of stock, and decided in the negative-ayes 59, noes 71.

United States.

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tend to give you the words of it; but, in substance, | vote of this evening. The conversations I have had it was a warm expression of his good feeling towards with the King, and with all the ministers, convince the United States for the hospitality he had received me that now they are perfectly in earnest and united there, &c. As to on the question, and that it will be urged with zeal the convention, he said, assure your Government and ability. Many of the deputies, too, with whom that unavoidable circumstances alone prevented its I have entered into explanations on the subject, immediate execution, but it will be faithfully per- seem now convinced that the interest as well as the formed. Assure your Government of this, he re- honor of the nation, requires the fulfilment of their peated, the necessary laws will be passed at the next engagements. This gives me hopes that the enmeeting of the Chambers. I tell you this, not only deavors I shall continue to make without ceasing as King, but as an individual whose promise will be until the question is decided, may be successful. fulfilled.

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I do not hope for any decision on our affairs before the middle of January. One motive for delay is an expectation that the Message of the President may arrive before the discussion, and that it may contain something to show a strong national feeling on the subject. This is not mere conjecture; I know the fact, and I repeat now, from a full knowledge of the case, what I have more than once stated in my former despatches, as my firm persuasion, that the moderate tone taken by our Government, when the rejection was first known, was attributed by some to indifference, or to a conviction on the part of the President that he would not be supported in any strong measure by the people, and by others to a consciousness that the convention had given us more than we were entitled to ask.

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I saw last night an influential member of the Chamber, who told me that

and that the King had spoken of our affairs; and appeared extremely anxious to secure the passage of the law. I mention this as one of the many circumstances which, independent of official assurances, convince me that the King is sincere; and now I have no doubt of the sincerity of his cabinet. From all this you may imagine the anxiety I shall feel for the arrival of the President's Message. On its tone will depend very much, not the payment of our claims, but our national reputation for energy. I have no doubt it will be such as to attain both of these important objects.

Mr. Livingston to Mr. Forsyth.

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of their measures.

This, as you will see by the papers, they have frankly and explicitly done; and, after a warm debate of two days, which has just closed, they have gained a decided victory. This gives them confidence, permanence, and, I hope, influence enough to carry the treaty. I shall now urge the presentation of the law at as early a day as possible, and although I do not yet feel very certain of success, my hopes of it are naturally much increased by the

The intimation I have conceived myself authorized to make of the serious consequences that may be expected from another rejection of the law, and of the firm determination of our Government to admit of no reduction or change in the treaty, I think have had an effect. On the whole, I repeat that, without being at all confident, I now entertain better hopes than I have for some time past done.

Mr. Livingston to the Secretary of State.

EXTRACTS.

PARIS, December 22, 1834.

SIR: Our diplomatic relations with this Government are on the most extraordinary footing. With the executive branch I have little to discuss, for they agree with me in every material point on the subject of the treaty. With the Legislature, where the great difficulty arises, I can have no official communication; yet deeply impressed with the importance to my fellow-citizens of securing the indemnity to which they are entitled, and to the country of enforcing the execution of engagements solemnly made to it, as well as of preventing a rupture which must infallibly follow the final refusal to execute the convention, I have felt it a duty to use every proper endeavor to avoid this evil. This has been, and continues to be, a subject of much embarrassment.

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My last despatch (6th December) was written immediately after the vote of the Chamber of Deputies had, as it was thought, secured a majority to the administration; and it naturally excited hopes which that supposition was calculated to inspire. I soon found, however, both from the tone of the administration press and from the language of the King, and all the ministers with whom I conferred on the subject, that they were not willing to put their popularity to the test on our question. It will not be made one on the determination of which the ministers are willing to risk their portfolios. The very next day after the debate the ministerial Gazette (Les Débats) declared that, satisfied with the approbation the Chamber had given to their system, it was at perfect liberty to exercise its discretion as to particular measures which do not form an essential part of that system; and the communications I subsequently had with the King and the ministers confirmed me in the opinion that the law for executing our convention was to be considered as one of those free questions. I combated this opinion, and asked whether the faithful observance of treaties was not an essential part of their system, and, if so, whether it did not come within their rule? Without answering this argument, I was told of the endeavors they were making to secure the passage of the law by preparing the statement mentioned in my former despatch. This,

The paper here referred to by Mr. Livingston is a memoir to be laid before the commission which may be appointed

FEBRUARY, 1835.]

Relations with France.

[H. OF R.

it is said, is nearly finished, and, from what I know | sequent letter, of the 22d of December, he stated of its tenor, it will produce all the effect that truth and justice can be expected to have on prejudice and party spirit.

The decision not to make it a cabinet question will not be without its favorable operation,

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some of the leaders of the opposition, who may not be willing to take the responsibility of a rupture between the two nations, by breaking the treaty, when they are convinced that, instead of forcing the ministers to resign, they will themselves only incur the odium of having caused the national breach. In this view of the subject, I shall be much aided if, by the tenor of the President's Message, it is seen that we shall resent the breach of faith they contemplate.

It is on all hands conceded that it would be im prudent to press the decision before the next month, when the exposition will be printed and laid before

the Chambers.

On the whole, I am far from being sanguine of success in the endeavors which I shall not cease to make for the accomplishment of this important object of my mission; and I expect with some solicitude the instructions for my conduct in the probable case of a rejection of the law.

I have the honor to be, &c. EDW. LIVINGSTON. Hon. JOHN FORSYTH, Secretary of State, &c.

that the new ministry would not even propose to the Chambers to act on the appropriation as a ministerial measure. The ministers themselves, therefore, were not unanimous on the ston said that he was now far from being sanprinciples of the appropriation, and Mr. Livingguine in the success of his endeavors to accomplish the object of his mission. Other reports Mr. A. said) stated that there was no prospect of obtaining the appropriation. Under these circumstances, he thought it time for the House to take up the subject, as it was proposed by the President in his Message at the commencement of the session. Now, that it was so probable that the French Chambers would do nothing, it had become the imperious duty of the House to act on the subject. He was desirous that the Committee on Foreign Relations should make a report. He did not proonly asked them to report. pose to prescribe what they should report; he

Mr. ARCHER, of Virginia, expressed his surprise at the proposition for instruction coming from his friend from Massachusetts. When the House gave a peremptory instruction, such as was now suggested, for an instant report from a committee, what did such a proceeding import, and was considered in parliamentary usage as importing always? Why, that the opinion of the House was made up on the sub

Mr. J. Q. ADAMS rose and said: I move, sir, that the Message, and the extracts from the despatches accompanying it, be printed, and re-ject of the report, and that, therefore, it required ferred to the Committee on Foreign Relations, with instructions to report forthwith on that part of the Message of the President of the United States which relates to this subject.

Mr. CAMBRELENG said that, after hearing the correspondence read, he hoped the gentleman from Massachusetts would withdraw that part of his motion which required the Committee on Foreign Relations to report forthwith. He trusted that, whatever measure might be finally adopted on this subject by the House, it would receive the unanimous vote of the House.

Mr. J. Q. ADAMS said, in introducing the motion to instruct the Committee on Foreign Relations to report on the subject of the Message forthwith, he was governed by the persuasion that it was inconsistent with the interest and honor of the nation to leave the subject longer unacted upon. He should not object to any amendment which the committee might propose, with a view to allow them time for the consideration of the subject. But he did think that it was important, as we were now within a few weeks of the close of the session, that the subject should be brought before the House without further delay. It appeared doubtful, from the correspondence which had been read, whether the Government of France would fulfil the stipulations of the convention. Mr. Livingston, in his letter of the 6th of December, uses very sanguine terms in relation to the success of the appropriation bill; but in a sub

to examine the law, intended to contain all the arguments and facts by which it is to be supported.

no further inquiry on the part of its organ, the committee. This, he repeated, was the parliamentary, as it was the reasonable, construction. Well, then, what was the inference here, if the House yielded to the instruction? That itself, as well as the honorable member from Massachusetts, stood prepared to discard further suspense, under the information just communicated, on this most important subject of our relations with France, (the occasion of so much anxious deliberation,) and was now ready to act definitively! And how act? In a continued forbearance? If that were the course designed, no instruction was required; and, if designed, the instruction must lead to misinterpretation, given, as it would be on the instant, after the reading of unfavorable intelligence from our minister in France, as regarded the prospects of the treaty for execution, and accompanied, too, and introduced by such remarks as had fallen from the honorable gentleman from Massachusetts, certainly of no very forbearing and temperate character. The instruction, then, would be the declaration of a disposition on the part of the House to take a belligerent attitude towards France, or such a one as had been intimated in the President's Message, at the beginning of the session, which had just been referred to with so strong an inference of praise, prospective, at least, if not immediate. Was the House (Mr. A. asked) in this disposition? Did it partake the fervor which had been manifested by the gentleman from Massachusetts ? He made open profession that he did not, for

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Relations with France.

[FEBRUARY, 1835.

one. He saw nothing in the extracts which | and if he would delay his motion till a reasonhad just been read from Mr. Livingston's corre- able time was given to hear further from France, spondence, to call for any present departure he (Mr. M.) would go with him for instructions from the course which he understood had been to the Committee on Foreign Affairs, provided agreed on by a tacit but general consent, to for- they would not make a proper report without. bear action on this business of the treaty, till Mr. M. said that he was prepared to act deciwe had heard from the action of the French sively upon this subject before the adjournment Chambers on the subject. To the assurances, of Congress. The gentleman from Virginia which were reiterated in the extracts just read, | (Mr. ARCHER) urges forbearance towards our of the continued, sincere, united, and even zealous ancient friend and ally. He believes the King disposition of the French cabinet to give effect of the French sincerely desires that the treaty to the treaty, what information, of a different of the 4th of July, 1831, should be carried into promise, was given in the last of these despatches effect; and that we ought not, therefore, to calculated to awaken a flame and arouse to a carry out the recommendation of the President, precipitate and peremptory action on our part? because it may lead to war; we ought not, he Why, the whole would be found to amount to thinks, to involve the country in war for the a diminished probability-a waning, though sum in controversy. Sir, how long is this fornot extinguished expectation, on the part of bearance to be urged upon us? There have Mr. Livingston, of the execution of the treaty. been four sessions of the French Chambers since Mr. Livingston found from the court journal, the exchange of ratifications of the treaty. At and conversations with the ministers, that the the first the subject was not noticed; at the execution was not to be made a cabinet meas- second, which lasted about four months, it was ure, but to be left to the discretion of the laid before the Chamber of Deputies, nineteen Chambers. From any question of good faith or | days only before the adjournment; the bill was abatement of zeal on the side of the ministry to referred to a committee, and there the matter carry the measure? No! But from the diffi- ended; the next session continued about three culties of their ministerial position. They de- months, and about fifteen days before its adtail to him their purpose and plan to effect the journment the subject was again brought to the object, and he himself thinks it of great force consideration of the Chamber of Deputies, but to operate on prejudice and party spirit. not acted upon; and, finally, at the session in April, 1834, the question was fully discussed by the Deputies, and the bill containing the necessary appropriation rejected.

Mr. CLAYTON, of Georgia, said: Feeling it my duty to vote against the gentleman's motion, and having, at the early part of the session, introduced a resolution embracing, in part, the same object, it might seem to be required, to save from the reproach of inconsistency, to offer some justification for my present course. The President's Message evidently presented two propositions: either to take no action upon the subject, or to authorize reprisals, which I then and now consider as a war measure. To avoid war, and acting under a solemn conviction that it was wholly unnecessary, and might be averted by prudent measures, I believe that a timely evidence, afforded the French nation, that Congress did not agree with the executive branch of Government, would restore the temper of the nation to that condition which existed prior to the Message; would remove from the deliberations of the French Legislature that passion, feeling, and warmth, so unfavorable to just and correct results, which that document was certainly calculated to inspire. This purpose of mine has been fully accomplished by the other branch of Congress. The unanimous vote of the Senate will effect, if any thing can do it, the object I had in view; and sure I am, if it does not, the progress of Congress in that direction, may as well come to a pause, and then it will be proper for us to consider the other proposition of the President. Until, then, the effect of the Senate's measure shall be known, I am unwilling to move any further.

Mr. MCKINLEY said he was pleased to see the gentleman from Massachusetts (Mr. ADAMS) evince so becoming a spirit on the occasion;

Mr. LYTLE said: Mr. Speaker, since I have had the honor of a seat upon this floor, it has never been my good fortune to listen to speeches in this House, or elsewhere, or at any time, or upon any occasion, in which I felt the same sensations which have been produced upon me by the proposition and appeal made by the venerable member from Massachusetts this morning. Sir, there was in it, to my mind, however it may affect the minds of others; I say there was in it to my mind, a degree of moral grandeur and sublimity which, as an American citizen, I was most proud and happy to see and hear. The ex-representative of the Executive department of this Government now aiding to the extent of his abilities, as a Representative upon this floor, in the councils of his country, and sustaining with the candor and undisguised patriotism of an American freeman, the spirit and proposition of his successful rival, the incumbent of the executive chair at this time; and upon what? Upon a proposition that the people of this country should vindicate their national pride and their national honor. What was the character of the proposition of the honorable gentleman from Massachusetts? Does it amount a declaration of war, if adopted by this House? No, sir. It merely proposes to call upon the Committee on Foreign Affairs to make a report to vindicate this House from the imputation which, I insist with him, will rest upon it, of pusillanimously cringing to the juggling and caprices of a foreign

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potentate, who is unwilling to render that justice, over and over again proposed by himself, and admitted to be due to this country, and after four months of the session, for it is now the fourth month since the special call of the French Chamber of Deputies was made, with reference to the adjustment of this very claim; here we are, with what intelligence from France? Why, that your minister was first seduced into the belief, or assured into the belief, by the flourishes of Louis Philippe and his cabinet, that they really intended to enter, heart and soul, into this measure, and instantly carry the treaty into effect; that they meant to pledge the whole weight of the Government, and to throw themselves into the scale, and make it a national proposition. This was the purport of Mr. Livingston's first despatch. But what was the amount of his subsequent correspondence? Why, he grows less and less sanguine up to the date of his last communication, and finally tells us he is now not at all sanguine! That the French King and his cabinet, instead of making it a ministerial measure, and throwing the whole weight and popularity of the Government into the scale, have shuffled out of the controversy, and left it as an open matter, in the decision of which they have no special interest. Now, let me ask the members of this House, what pledge they will wait for after this shuffling course, before the close of this session? Can they, after this, expect to receive intelligence of a more grateful character? Or may they not reasonably calculate upon hearing, by the first vessel that may arrive from Europe, that this nation, which has thus long procrastinated the payment of a just claim, has determined not to pay it at all? And having come to that conclusion, and knowing that war is inevitable, may we not expect her to take the first step, and, as a matter of safety to herself, detain our ships now in the Mediterranean, and blockade the ports there? Well, what are we asked to do by the proposition of the honorable member from Massachusetts? Nothing more than that, in the event of their refusing, before the adjournment of this House, to ratify this treaty, the House will pledge itself to answer the call of the President of the United States, by giving him power, or resorting to some other means, in the event of this contingency, to save the nation, and protect its honor and the just claims of its citizens from the aggressions of this insolent and juggling power. Sir, when I hear the appeal from such a quarter, echoing back the same spirit, so highly and properly lauded on the part of the Executive, by one grown gray in diplomacy, and familiar with the tricks of courts; by one who has a just, a high, and an honorable sense of his own character, and the character of the American people; I say, sir, there is no room left for me to doubt of its propriety at this time. I say, sir, now is the time, and if I, for one, were certain that a messenger would arrive this very night, with intelligence that the French Chamber had acted

[H. OF R.

upon this subject, I would still urge the adoption of the resolution of the gentleman from Massachusetts. It goes the whole to show abroad the sense of the American people in reference to this matter. It goes the whole to show that, if it is the intention of France to suffer this Congress to pass over, before any intelligence of a satisfactory character should be received, the Representatives of the American people are not slumbering at their posts, but are aroused at the prospect of injury and insult, and, by an expression of some sort of the character referred to by the gentleman from Massachusetts, that they are prepared to vindicate the character and honor of the country, and let the world know that that power which attempts to cavil with, to special plead with, to juggle with the United States of America, have made a serious, and, for them, an unfortunate mistake. That we are prepared to go the whole for the spirit, if not the measure, of the proposition in the executive Message; and that we will stand by and sustain the President therein; that we will make it a common cause. That will be done, and I hope now, upon the proposition of the gentleman from Massachusetts; and I trust the matter will be referred by the unanimous vote of this House. What valid objection can be urged against it? It does not contain a proposition for immediate action; it only anticipates that which I believe will come; and in the event of its coming, we should then have the vantage ground, and be able to show that, even before it arrives, we were in a state of preparation to meet it. It is a delicate, but a well-timed and judicious proposition, and one that I hail as an American freeman and a Representative of this body, from the bottom of my soul, especially coming from the quarter it does. I again reiterate the hope, that the resolution, as worded, will be unanimously adopted.

Mr. SUTHERLAND observed that he was as much pleased as the gentleman from Ohio to find that, in this contest, they should have the powerful aid of the very distinguished gentleman from Massachusetts. He had rejoiced to hear the noble sentiments to which that gentleman had given utterance. Yet, while he could not but approve of the elevated and patriotic feelings which that gentleman had manifested, he was not quite ready to go with him at this particular time. If we were to have any contest with France, he wanted to secure for this country the vantage ground. This he would do, not by pressing such a question at this moment. He would wait till he had received definite information as to her final determination. For, after all, France was, and had been, our friend and ancient ally. He would speak of her in the language of the President, and he would wait till the very last hour, that he might give her a chance of saying whether she would or would not pay this debt. He had been asked by the gentleman from Ohio, (Mr. LYTLE,) whether he expected to receive any favorable intelligence. In reply, he would say, that every

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