and to indicate the means by which, in its opinion, they might be terminated in a manner honorable to both Governments. I was also authorized to allow you, in case you should desire it, to take a copy of this dispatch, but, contrary to the expectation which diplomatic usages in such cases permitted me to entertain, you thought proper to refuse to request it. I regretted this resolution of yours, sir, at the time, because, in the first place, it appeared to be at variance with (s'écarter de) that conciliatory spirit which so particularly characterized the communication just made to you, and, next, as it seemed in a manner to deprive the Cabinet of Washington of the means of knowing in their full extent the views of the King's Government, of which an attentive examination of the Duke de Broglie's letter could alone have enabled it to form a just estimate. These regrets, sir, have not been diminished, and at the moment when the President is about to communicate to Congress the state of the relations between France and the United States I consider it useful and necessary for the interests of all to endeavor to place him in possession of all the facts which may afford him the means of giving an exact account of the real dispositions and views of the King's Government on the subject of the existing difficulties. With this intention, and from a desire to neglect nothing which, by offering to the American Government another opportunity of making itself acquainted minutely with the highly conciliatory sentiments of His Majesty's Government, may contribute to restore good understanding between the Cabinets of Paris and Washington, I have the honor to transmit to you a copy of the Duke de Broglie's dispatch and to request you to place it under the eye of the President. I embrace this opportunity, sir, to renew to you the assurance of the high consideration with which I have the honor to be, your most humble and most obedient servant, A. PAGEOT. No. 10. Mr. Forsyth to Mr. Pageot. DEPARTMENT OF STATE, Washington, December 3, 1835. M. PAGEOT, Chargé d'Affaires, etc. SIR: I had yesterday the honor to receive your note of the 1st instant, with the accompanying paper, purporting to be a copy of a letter addressed under date of the 17th of June last by His Excellency the Duke de Broglie, minister of foreign affairs of France, to yourself. After referring to what occurred in our interview of the 11th September in regard to the original letter, and expressing your regrets at the course I then felt it my duty to take, you request me to place the copy inclosed in your letter under the eye of the President. In allowing you during that interview to read to me the Duke de Broglie's dispatch, which I cheerfully did, you were enabled to avail yourself of that informal mode of apprising this Department of the views of your Government in the full extent authorized by diplomatic usage. The question whether or not I should ask a copy of that dispatch was of course left, as it should have been, by your Government exclusively to my discretion. My reasons for not making that request were frankly stated to you, founded on a conviction that in the existing state of the relations between the two countries the President would think it most proper that every communication upon the subject in difference between them designed to influence his conduct should, before it was submitted to his consideration, be made to assume the official form belonging to a direct communication from one government to another, by which alone he could be enabled to cause a suitable reply to be given to it and to submit it, should such a step become necessary, to his associates in the Government. I had also the honor at the same time to assure you that any direct communication from yourself as the representative of the King's Government to me, embracing the contents of this dispatch or any other matter you might be authorized to communicate in the accustomed mode, would be laid without delay before the President, and would undoubtedly receive from him an early and just consideration. It can not have escaped your reflections that my duty required that the circumstances of the interview between us should be reported to the President, and that the discovery of any error on my part in representing his views of the course proper to be pursued on that occasion would without fail have been promptly communicated to you. That duty was performed. The substance of our interview and the reasons by which my course in it had been guided were immediately communicated to and entirely approved by him. I could not, therefore, have anticipated that after so long a period had elapsed, and without any change in the condition of affairs, you should have regarded it as useful or proper to revive the subject at the time and in the form you have seen fit to adopt. Cordially reciprocating, however, the conciliatory sentiments expressed in your note, and in deference to your request, I have again consulted the President on the subject, and am instructed to inform you that the opinion expressed by me in the interview between us, and subsequently confirmed by him, remains unchanged, and I therefore respectfully restore to you the copy of the Duke de Broglie's letter, as I can not make the use of it which you desired. I am also instructed to say that the President entertains a decided conviction that a departure in the present case from the ordinary and accustomed method of international communication is calculated to increase rather than to diminish the difficulties unhappily existing between France and the United States, and that its observance in their future intercourse will be most likely to bring about the amicable adjustment of those difficulties on terms honorable to both parties. Such a result is sincerely desired by him, and he will omit nothing consistent with the faithful discharge of his duties to the United States by which it may be promoted. In this spirit I am directed by him to repeat to you the assurance made in our interview in September last, that any official communication you may think proper to address to this Government will promptly receive such consideration as may be due to its contents and to the interests involved in the subject to which it may refer. As the inclosed paper is not considered the subject of reply, you will allow me to add, for the purpose of preventing any misconception in this respect, that my silence in regard to its contents is not to be construed as admitting the accuracy of any of the statements or reasonings contained in it. SIR: I yesterday evening received the letter which you did me the honor to write to me on the 3d of this month. With it you return to me the copy of a dispatch which I had transmitted to you two days before, and the original of which was addressed to me on the 17th of June last by his excellency the minister of foreign affairs. I will not seek, sir, to disguise from you the astonishment produced in me by the return of a document so very important in the present state of the relations between 2 the two countries; neither will I undertake to reply to the reasons on which this determination of yours is based. My intention in communicating this document to you in a form not only sanctioned by the diplomatic usages of all nations and all ages, but also the most direct which I could possibly have chosen, was to make known the real dispositions of my Government to the President of the United States, and through him to Congress and the American people, conceiving that in the existing situation of the two countries it was essential that each Government should fully comprehend the intentions of the other. This consideration appeared to me paramount to all others. You have judged otherwise, sir, and you have thought that whatever might be the importance of a communication it was proper before receiving it to examine whether the form in which it came to you were strictly accordant with the usages necessary, in your opinion, to be observed in diplomatic transactions with the Government of the Republic. I will not insist further. I have fulfilled all the duties which appeared to be prescribed for me by the spirit of reconciliation, in conjunction with the respect due by me to all communications from my Government, and nothing more remains for me than to express my deep regret that the misunderstanding between the two Governments, already so serious, should be kept up, not by weighty difficulties which involve the interests and the dignity of the two countries, but by questions of form as uncertain in their principles as doubtful in their application. I have the honor to renew to you, sir, the assurances of my high consideration. A. PAGEOT. No. 12. Mr. Pageot to Mr. Forsyth. [Translation.] WASHINGTON, January 2, 1836. Hon. JOHN FORSYTH, Secretary of State of the United States. SIR: I have the honor to announce to you that, in consequence of the recall of Mr. Barton, the King's Government has given me orders to lay down the character of chargé d'affaires of His Majesty near the Government of the United States. I shall therefore immediately begin the preparations for my return to France; but in the meantime I think proper to claim the protection of the Federal Government during the period which I may consider it necessary to remain in the United States. I have the honor to be, with the most distinguished consideration, sir, humble and obedient servant, your most A. PAGEOT. No. 13. Mr. Forsyth to Mr. Pageot. M. ALPHONSE PAGEOT, etc. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge your note of this day's date, in which you announce that you have the orders of your Government, given in consequence of the recall of Mr. Barton, to lay aside the character of chargé d'affaires of the King of France near the Government of the United States. The protection of the Federal Government is due and will of course be extended to you during the time necessary for your preparations to return to France. I am, sir, with great consideration, your obedient servant, JOHN FORSYTH. His Excellency COUNT DE RIGNY, C. LEGATION OF THE UNITED STATES, Minister Secretary of State of Foreign Affairs. SIR: Having already had occasion to acknowledge the receipt of your excellency's letter of the 13th instant, and to answer that part of it which most urgently required my attention, I proceed to a consideration of the other matters which it contains. I shall do this with a sincere desire to avoid everything that may excite irritation or increase difficulties which already unfortunately exist. Guided by this disposition, I shall confine myself to an examination of your note, considered only as an exposition of the causes which His Majesty's Government thinks it has to complain of in the message sent by the President of the United States to Congress at the opening of its present session. Your excellency begins by observing that nothing could have prepared His Majesty's Government for the impressions made upon it by the President's message, and that if the complaints he makes were as just as you think them unfounded, still you would have reason to be astonished at receiving the first communication of them in such a form. If His Majesty's Government was not prepared to receive complaints on the part of the United States for nonexecution of the treaty, everything I have said and written since I have had the honor of communicating with your excellency and your predecessors in office must have been misunderstood or forgotten. I can scarcely suppose the first, for if my whole correspondence is referred to and my verbal representations recollected they will be found in the most unequivocal language to express an extreme solicitude for the execution of the treaty, a deep disappoint ment at the several delays which have intervened, and emphatically the necessity which the President would be under of laying the matter before Congress at the time when in fact he has done so if before that period he did not receive notice that the law had passed for giving effect to the treaty. To urge the obligation of the treaty, to prepare His Majesty's Government for the serious consequences that must result from its breach or an unnecessary delay in executing it, was my duty, and it has been faithfully and unremittingly executed. To my own official representation on the 26th I added on the 29th July last the precise instructions I had received, to inform His Majesty's Government that "the President could not avoid laying before Congress on the 1st of December a full statement of the position of affairs on this interesting subject, or permit the session to end, as it must do on the 3d March, without recommending such measures as the justice and the honor of the country may require." In this alone, then, there was sufficient, independently of my numerous applications and remonstrances, to prepare His Majesty's Government for the just complaints of the United States and for the "impression" they ought to produce, as well as for the "mode" in which they were communicated, a mode clearly pointed out in the passage I have quoted from my note of the 29th of July-that is to say, by the annual message from the President to Congress, which, as I have already had occasion to observe, His Majesty's ministers have erroneously considered as addressed directly to them, and, viewing it in that light, have arraigned this document as containing groundless complaints, couched in language not called for by the occasion, and offering for consideration means of redress offensive to the dignity of France. I shall endeavor by a plain exposition of facts to repel those charges. I shall examine them with the freedom the occasion requires, but, suppressing the feelings which some parts of your excellency's letter naturally excite, will, as far as possible, avoid all those topics for recrimination which press upon my mind. The observation I am about to make will not be deemed a departure from this rule, because it is intended to convey information which seems to have been wanted by His Majesty's minister when on a late occasion he presented a law to the Chamber of Deputies. It is proper, therefore, to state that although the military title of general was gloriously acquired by the present head of the American Government, he is not in official language designated as General Jackson, but as "the President of the United States," and that his communication was made in that character. I proceed now to the examination of that portion of your excellency's letter which attempts to show that the complaints set forth in the President's message are groundless. It begins by assuming as a principle of argument that after the Chamber of Deputies had rejected the law and His Majesty's Government had promised to present it anew the United States had by receiving that promise given up all right to complain of any anterior delays. I have vainly endeavored, sir, to find any rule of reasoning by which this argument can be supported. It would undoubtedly be much easier to strike off from the case the delays of two years in proposing the law than to justify them. It is true that the United States, with a moderation and forbearance for which they receive no credit, waited two years, almost without complaint, for the performance of a treaty which engaged the faith of the French nation to pay a just indemnity, for which they had already waited more than twenty years. It is true that His Majesty's Government offered solemn assurances that as soon as the constitution of the country would permit a new attempt would be made to redeem the national pledge given by the treaty. It is true also that the President of the United States gave credit to those assurances; but it is also true-and your excellency seems to lose sight of that important uncontested fact-that formal notice was given that the performance of those promises would be expected according to their letter, and that he could delay no longer than the 1st of December the execution of a duty which those assurances had induced him to postpone. Whatever reasons His Majesty's Government had for not complying with Mr. Sérurier's engagement, or however they may have interpreted it, the President could not be precluded from considering the whole case as open and adding to his statement the wrongs occasioned by the delays anterior to the vote of rejection. Those delays are still unaccounted for, and are rendered more questionable by the preference given to another treaty, although subsequently made, for the guarantee of the Greek loan. Confining your observations to this second period, you say that the reproaches which the President thinks himself authorized in making to France may be comprised in the following words: "The Government of the King had promised to present the treaty of July anew to the Chambers as soon as they could be assembled; but they have been assembled on the 31st of July of the last year and the treaty has not yet been presented." Stating this as the whole of the complaint, you proceed, sir, in your endeavor to refute it. I am obliged, reluctantly, here to make use of arguments which in the course of this discussion have been often repeated, but which seem to have made no impression on His Majesty's Government. I am obliged, in repelling the reproaches addressed to the President, to bring to your recollection the terms of the promise on which he relied, the circumstances attending it, and the object for which it was given. These must be fully understood and fully waived before the question between us can be resolved. The circumstances under which Mr. Sérurier's note was written are material in considering its true import. The payment stipulated by a treaty duly ratified on both sides had just been formally refused by a vote of the Chamber of Deputies. More than two years had passed since it had been proclaimed as the law of the land in the United States, and ever since the articles favorable to France had been |