Public Service, he was himself unable to examine the many Volumes containing the very extensive Correspondence, from which the Copies. and Extracts now submitted have been taken, or even attentively to peruse the whole of those Copies and Extracts, which have been just finished. The desire to present them to the Senate, in conformity to the anxious wish of the Claimants, before the close of its present Session, renders these explanations necessary, and it is hoped that they may prove satisfactory.

The closing Paragraph of the Resolution of the Senate, enjoins another duty, which, from the ambiguous manner in which it is expressed, the Secretary feels some difficulty in clearly comprehending. The Senate resolved "that the President of The United States be requested to cause to be laid before the Senate, Copies, &c." and concludes by requesting to cause also to be laid before the Senate "how far, if at all, the Claim of Indemnity from the Government of France for the Spoliations aforesaid, was affected by the Convention entered into between The United States and France, on the said 30th of September, 1800."

The Secretary can hardly suppose it to have been the intention of the Resolution, to require the expression of an argumentative opinion, as to the degree of responsibility to the American sufferers from French spoliations, which the Convention of 1800 extinguished on the part of France, or devolved on The United States,-the Senate itself being most competent to decide that question. Under this impression, he hopes that he will have sufficiently conformed to the purposes of the Senate, by a brief statement, prepared in a hurried moment, of what he understands to be the question.

The Second Article of the Convention of 1800 was in the following words: "The Ministers Plenipotentiary of the two Parties, not being able to agree at present respecting the Treaty of Alliance of 6th February, 1778, the Treaty of Amity and Commerce of the same date, and the Convention of the 14th November, 1788, nor upon the Indemnities mutually due or claimed; the Parties will negotiate farther on these subjects at a convenient time; and, until they may have agreed upon these points, the said Treaties and Convention shall have no operation, and the relations of the two Countries shall be regulated as follows."

When that Convention was laid before the Senate, it gave its consent and advice that it should be ratified, provided that the Second Article be expunged, and that the following Article be added or inserted: "It is agreed that the present Convention shall be in force for the term of Eight Years from the time of the exchange of the Ratifications"--and it was accordingly so ratified by the President of The United States, on the 18th day of February, 1801. On the 31st July, of the same Year, it was ratified by Bonaparte, first Consul of the French Republic, who incorporated in the Instrument of his Ratifica

tion the following Clause, as a part of it: "The Government of The United States having added to its Ratification, that the Convention should be in force for the space of Eight Years, and having omitted the Second Article, the Government of the French Republic consents to accept, ratify, and confirm the above Convention, with the addition, importing that the Convention shall be in force for the space of Eight Years, and with the retrenchment of the Second Article: Provided that by this retrenchment, the two States renounce the respective pretensions which are the object of the said Article.

The French Ratification being thus conditional, was nevertheless exchanged against that of The United States, at Paris, on the same 31st of July. The President of The United States, considering it necessary again to submit the Convention, in this state, to the Senate, on the 19th day of December, 1801, it was resolved by the Senate, that they considered the said Convention as fully ratified, and returned it to the President for the usual promulgation. It was accordingly promulgated, and thereafter regarded as a valid and binding Compact. The two Contracting Parties thus agreed, by the retrenchment of the Second Article, mutually to renounce the respective pretensions which were the object of that Article. The pretensions of The United States to which allusion is thus made, arose out of the Spoliations, under colour of French Authority, in contravention to Law and the existing Treaties. Those of France sprung from the Treaty of Alliance of the 6th of February, 1778, the Treaty of Amity and Commerce of the same date, and the Convention of the 14th of November, 1788. Whatever obligations or indemnities, from those sources, either Party had a right to demand, were respectively waived and abandoned, and the consideration which induced one Party to renounce his pretensions, was that of the renunciation by the other Party of his pretensions. What was the value of obligations and indemnities so reciprocally renounced, can only be a matter of speculation. The amount of the indemnities due to Citizens of The United States was very large; and on the other hand, the obligation was great (to specify no other French pretensions) under which The United States were placed in the Eleventh Article of the Treaty of Alliance of 6th February, 1778, by which they were bound for ever, to guaranty, from that time, the then Possessions of the Crown of France in America, as well as those which it might acquire by the future Treaty of Peace with Great Britain-all these Possessions having been, it is believed, conquered at, or not long after, the exchange of the Ratifications of the Convention of September 1800, by the Arms of Great Britain, from France.

The Fifth Article of the Amendments to the Constitution, provides: "Nor shall Private Property be taken for Public use without just compensation." If the indemnities to which Citizens of The United States were entitled, for French spoliations, prior to the 30th September, 1800,

have been appropriated to absolve The United States from the fulfilment of an obligation which they had contracted, or from the payment of indemnities which they were bound to make to France, the Senate is most competent to determine how far such an Appropriation is a public use of private property within the spirit of the Constitution, and whether equitable considerations do not require some Compensation to be made to the Claimants. The Senate is also best able to estimate the probability which existed of an ultimate recovery from France of the amount due for those Indemnities, if they had not been renounced; in making which Estimate, it will no doubt give just weight to the painful consideration, that repeated and urgent appeals have been, in vain, made to the justice of France, for satisfaction of flagrant wrongs committed upon property of other Citizens of The United States, subsequent to the period of 30th September, 1800. All which is respectfully submitted.

H. CLAY.

SPEECH of the King on the Opening of the Assembly of the States of Wirtemberg.—1st December, 1826.

Sérénissimes, Nobles, respectables, chers et fidèles Sujets.

JE salue avec joie la Seconde Assemblée des Etats qui depuis l'établissement de la Constitution vient entourer mon Trône.

Elle aura de même toujours en vue les obligations qu'elle a contractés dans ce moment solennel, et moi aussi je ne puis trouver mon bonheur que dans celui de mes Sujets.

Assurer ce bonheur par tout ce qui dépendra de moi sera toujours le soin le plus important de mon Gouvernement.

Cependant mes efforts vers ce noble but sont soumis à l'influence de circonstances placées hors de portée de la puissance humaine.

L'état languissant de nos rapports agricoles et industriels subsiste encore, et jusqu'ici les soins les plus assidus n'ont pas réussi à donner une direction favorable à des objets si importans au bien-être

commun,

C'est avec d'autant plus de reconnaissance que nous avons reçu les bénédictions du Ciel dont il nous a récemment comblé.

Le plus prochain avenir aussi nous offre une perspective qui doit servir à nous tranquilliser; j'ai jugé que l'époque actuelle était convenable pour donner à notre Economie Financière une base solide et sûre, et pour déterminer d'une manière durable sur cette base l'équilibre entre la Recette et la Dépense.

Il ne sera pas difficile dans des tems plus favorables de s'occuper d'objets utiles, et que peut être on pourrait juger nécessaire, mais que le moment actuel ne permet pas de discuter de la même manière.

Quant aux épargnes à faire sur le Service Public, et qui tendent vers le but proposé, je vous ferai présenter par mes Ministres, dans le courant de votre Session actuelle, des Projets de Loi, durant la délibération desquels vous ne perdrez pas de vue que leurs résultats, quelque avantageux qu'ils se montreront par la suite, ne pourront cependant pas être immédiatement obtenus.

Dans les délibérations sur ces matières et sur d'autres Projets de Loi qui vous seront communiqués, vous continuerez, et j'y compte, à montrer de la prudence et de la modération, en répondant ainsi à la confiance avec laquelle je viens au-devant de vous.

Une expérience, dont à la fin de la dixième Année de mon Règne, je puis parler avec certitude, me la garantit.

Conformément à la marche habituelle des destinées humaines, mon Règne a compté beaucoup de circonstances affligeantes, comme aussi des sujets de satisfaction. Mais je loue la Providence, je remercie mon Peuple. Jamais je n'ai eu occasion de douter de son amour et de son attachement, jamais il n'a méconnu mes intentions; il s'est montré toujours constant dans des événemens d'une nature pénible, comme dans ceux qui présentaient des motifs de joie, et je m'estime heureux de pouvoir dire comme mon Aïeul, "que partout et toujours je puis compter sans crainte sur mes fidèles Sujets."

CORRESPONDENCE explanatory of the VIIth Article of the Treaty of Commerce between Denmark and The United States, of the 26th April, 1826.

SIR,

The Hon. H. Clay to M. Bille.

Department of State, Washington, November 10, 1826. IN the VIIth Article of the Treaty of Friendship, Commerce, and Navigation, between His Danish Majesty and The United States, lately concluded,* provision is made for exempting Personal Property of the Subjects and Citizens of the two Parties from the payment of any Taxes or Charges, in certain cases. The object which the Government of The United States had in view in that Stipulation, was to secure the right of their Citizens to bring their money and moveable property home from the Danish Islands, free from Charges or Duties, and especially from the onerous Tax known in those islands under the denomination of Sixths and Tenths. This object was distinctly known to Mr. Pedersen, throughout the whole of the Negotiation, and was expressly communicated by me to him in writing. Some of the American Citizens interested in the Stipulation, have stated to me their apprehensions that such an interpretation will be given to it by * See Page 896.

the Local Authorities, as will defeat the accomplishment of that object. I have informed them that they might remain in entire confidence, that His Danish Majesty would not allow such a consequence, and that I was quite sure, if it became necessary, that he would interpose his authority to cause that to be done which was within the contemplation and according to the understanding of both Parties.

In the hope that you might be able to quiet all apprehensions on this subject, entertained by the Persons immediately concerned, I have the honour now to inquire if you have received from your Government any Instructions which authorize you to enable me to give them such assurances as would tranquillize their fears?

I pray you to accept, &c.

M. Stein Bille, Chargé d'Affaires from Denmark.

SIR,

M. Bille to the Hon. H. Clay.

HENRY CLAY.

Washington City, November 11, 1826. I HAVE had the honour of receiving your Note of yesterday, representing that the object which the Government of The United States had in view, in the Stipulation of Article VII of the Treaty of Friendship, Commerce, and Navigation, lately concluded between The United States and His Danish Majesty, was to secure the right of their Citizens to bring their money and moveable property home from the Danish Islands, free from Charges or Duties, and especially from the onerous Tax known in those islands under the denomination of Sixths and Tenths; but that some of the American Citizens interested in the Stipulation, had stated to you their apprehensions that such an interpretation would be given to it by the Local Authorities, as would defeat the accomplishment of that object; in consequence of which you inquire of me, if I have received from my Government any Instructions which would authorize me to enable you to give them such assurances as would tranquillize their fears, you having, meanwhile, expressed to them your full conviction that His Majesty at all events, if necessary, would interpose his authority to cause that to be done which was within the contemplation and according to the understanding of both Parties.

In reply to this, I beg leave to state that, immediately on my arrival in this Country, when I had become acquainted with the Stipulations of the Convention above alluded to, and had perceived, from the wording of Article VII, that there existed some possibility of a misconstruction of its real intent and meaning, with reference to the Danish Law on the subject, I did state the fact to my Government, for the purpose of preventing any temporary inconvenience that might result to Individuals, from such misconstruction by the Local Authorities, more particularly in His Majesty's West India Possessions;