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Suspension of Payment of certain Bills.

reach me till within the last week. The variations which you state between the general list of vouchers and my bills drawn on the Treasury, have arisen principally from a desire of clerks in the French bureau to abridge their own labor. It becomes a duty, on my part, therefore to give you entire copies of the original vouchers on which the seven bills noted by you as requiring explanation have been drawn, as well as of those on which payments have been made to the order of the Cashier General of the French Treasury. To these you will find subjoined, an explanation of the final arrangement of the Louisiana business; the claims which have been satisfied by it; the names of the persons for whose use the bills have been paid; and lastly, the proof that Mr. Warden has paid them. Hoping that this explanation will discharge me from all responsibility. in the case,

I am, sir, with great consideration, &c.

JOHN ARMSTRONG. Hon. ALBERT GALLATIN, &c.

No. 51. The Minister of the Public Treasury, charged with the execution of the Convention of the 10th Floréal, year 11, (30 April, 1803.) certifies to General Armstrong, Minister Plenipotentiary of the United States,

534.41, the Public Treasury will stand bound to acquit the claims which may be made in the names of Eric Gladd, John Clark, Leighton, Tupper & Platt, Perron, and Goix.

That this sum of 15.534.41, and the 81 124.02 placed at the disposal of General Armstrong, complete the amount of American claims liquidated and chargeable on the twenty millions; that the convention of the 10th of Floréal, year 11, will thus be definitely executed, and the payment of the twenty millions entirely completed. Division of the bills to be delivered. Three bills of 25,000

One do.
One do.

75,000 00

26,534 41

14,000 00

Francs 115.534 41

The Count of the Empire, Minister of the Pub-
MOLLIEN.
lic Treasury,
PUBLIC TREASURY, February 21, 1809.
MINISTRY OF THE PUBLIC TREASURY,

PARIS, March 14, 1809. SIR: I have received, from your Excellency, your letter of the 10th of this month, the five bills to the order of the Cashier of the Public Treasury, together, frs. 115,534.41, which were to be delivered conformably to the decision of His Majesty.

MOLLIEN.

His Excellency Gen. ARMSTRONG.

>

Explanation in the last article in the general voucher

No. 2.

That, by decision of His Imperial Majesty, the liquidation of livres 164,301,15.5 (francs 162,248.4) made in the name of Eric Gladd, is reduced to one-half; that the francs 81,124.2, forming the other half, and chargeable upon the twenty millions, remain at the free disposal of General Armstrong, under condition: 1. That Mr. Mit- In the month of February, 1808, many diffichell shall no longer have the right to claim, from culties arose with regard to the application of the Public Treasury, the 14,000 francs which re- what remained of the Louisiana fund. A promained to be paid, of the 20,000 allowed to him position, founded on the exclusive right of the by the former decision of His Majesty. 2. That French Government to this balance, was received the claim made in the name of Maurice Giraud, by me, and promply rejected. A second propoarising out of contracts made between the agents sition, No. 1, followed, less objectionable, indeed, for the subsistence of Paris and him, in the year but sufficiently so to be rejected also. This let4, shall remain extinguished, without being capa-ter, apparently, left to me the power of applying ble, under any circumstances, of being renewed, against the French Government, either by the said Giraud, or by any other person in his right. That the francs 81,124.2 to which Eric Gladd's liquidation is reduced, and the francs 14,000 remaining of the sum previously allowed to Mitchell, shall be paid to the Public Treasury, making Francs 95.124.2

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the sum gained to the fund, on the reduction of Gladd's claim, but feally appropriated that sum to those of Dauchy and Swan, neither of which had received my approbation. A third proposi tion, No. 2, was then offered, which left nothing in controversy between Mr. Mollien, and myself, but the payment to Dauchy of 14,000 frs.* Believing that this was not a point to higgle upon, extremely anxious to close the business, and fearful lest a too great tenaciousness might defeat its own object, I adopted the last proposition, (inserting the two articles underscored) and transmitted it to the Minister, officially, with my letter, No. 3, of the 16th February, 1809. On the 21st of that month, I received his answer, No. 4. The voucher on the same day by Mr. Mollien, and the payment by me, on the 10th of March, p. 12, were the consequences of their arrangement. It remains, therefore, only to show what was the

*This very thing had already protracted the settlement one year.

Suspension of Payment of certain Bills.

appropriation of the balance of 81,104f. 4c., which had been put by their arrangement, at my disposition. This was as follows, viz: to John Holmes, claimant for supplies of provisions, 5,000f.; to John Mitchell, do., for supplies, do., furnished through Perotise, 14,000f.; to Joseph Russell, for ship Fame, 62,000f. In making this division, I was guided altogether by the nature of these several claims, their extent, and the degree to which they had been already satisfied. Besides, of the sum granted to Mr. Russell, there has been retained (as stated in a former letter) 25,000f. so that the sums actually paid have been5.124 francs, 4 centimes, in behalf of Holmes, 14,000 do in behalf of Mitchell, 37,000 do in behalf of Russell. The first and last of these sums were paid to the attorney of Russell and Holmes, (Mr. O'Mealy,) a copy of whose receipt is annexed, No. 5, and Mr. Warden, being himself the attorney of Mitchell, made such payments on his account as had been directed by him..

No. 1.

5. The Minister of the Treasury will obtain upon all this, the ideas of His Majesty, whose approbation cannot be doubted, when the two Ministers shall have agreed; and, the approbation once given, the Louisiana affair will be irrevocably completed.

No. 2.

The Louisiana liquidation may be finished as follows:

1. The 14,000 frs., still to be disposed of, shall remain to the Treasury.

2. The little liquidations of Leighton, Tupper and Platt, and Goix, shall remain to the Treasury, to be paid over to the claimants.

3. The liquidation under the name of Gladd, amounting to 163,891 frs. shall be divided into equal moieties. One of these moieties, amounting to 81,945.50 frs. shall be paid to General Armstrong, to be disposed of as he shall think proper.

4. General Armstrong shall deliver to the Treasury, bills drawn in favor of the Cashier General, for the 14,000 frs. the little liquidation of Leighton, Tupper and Platt, and Goix, and for the

81,945.50 frs.

The following are the principles on which we may now hope to terminate the Louisiana affair: 1. There remains a disposable sum of 14,000frs. 5. He shall, in like manner, place in the hands, which may serve to pay Mr. Mitchell. The and draw in favor of D. B. Warden, bills amountcredit of Dauchy, for which that sum was in-ing to the sum of 81,915.50 frs. for account of Mitchell and others. tended, may be provided for out of the funds mentioned below.

2. There are four 'credits not claimed; those of Gladd, Leighton, Tupper and Platt, and Goix. That of Gladd, including the interest, amounts to the sum of 162,634.68 frs. That may be divided in equal moieties; the credits of Leighton and the others, to remain entire to the Treasury. And it may be stated, that, with one-half of Gladd's credit, and the whole of Leighton's and the others, the public Treasury shall be charged to meet, in the most convenient manner, the final claims which may be made by the parties interested, without the Government of the United States being, in any event, liable to be called upon for them.

To complete this operation, General Armstrong shall deliver bills to the Treasury, drawn in the name of the Cashier General, for the amount agreed upon.

3. Of the other half of Gladd's liquidation, amounting to 81,317f., it shall be expressed that Mr. Armstrong is to make the following application 14,000 frs. to pay Dauchy, and the balance for the discharge of Maurice Giraud, who shall declare that he renounces all future demands, in any way, upon the French Government.

4. The proposition for the arrangement upon these terms, is to be made by Mr. Armstrong, who may take advantage of the intentions of his Government, which has manifested a wish that the liquidation of Gladd should be reduced.

*Mr. Mitchell, being now in the United States, will give to Mr. Gallatin such further information on this head as he may wish.

6. It shall be stated, that neither Mitchell, nor Maurice Giraud, are, hereafter, under any pretence, to make a claim against the Public Treasury.

7. The Minister of the Public Treasury shall furnish Mr. Armstrong with a general authority for the above payments, conformably to the deCision which may be given by His Majesty, and in the ordinary form.*

PARIS. February 1, 1809. SIR: I have the honor of submitting a propositiont to your Excellency, the object of which is to bring to a close the very protracted business of the convention of 1803. Should it meet your Excellency's approbation, you will be pleased to take the step necessary to give it execution. Should you disapprove it, you will be pleased to signify your disapprobation. Accept, &c.

JOHN ARMSTRONG.

MINISTRY OF THE PUBLIC TREASURY,

PARIS, February 14, 1809. SIR: The mode proposed by your Excellency, for completing the payment of the twenty millions, has been approved by His Majesty. I rejoice at my concurrence in the adoption of measures which go to terminate, definitely, and to our mutual satisfaction, the execution of the convention of the 10th Floréal, year 11.

*This article, and article No. 5, were the articles added by me.

†This was proposition No. 2.

Suspension of Payment of certain Bills.

I have the honor to transmit to your Excellency the certificate containing its details. I pray your Excellency to accept, &c. MOLLIEN. The MINISTER, &c., of the U. S.

C.

TREASURY DEPARTMENT, Nov. 1, 1810. SIR: I have the honor to transmit a copy of the statement of your account (for bills drawn under the Louisiana Convention) as adjusted by the Auditor of the Treasury, together with copies of two statements therein referred to. You will perceive that the two sums suspended, and not yet carried to your credit, consist, 1st, of the bills which have not yet been paid; 2dly, of the amount drawn in favor of Mr. Warden, under your arrangement of February, 1809, with Mr. Mollien. But neither are you, or can you, be charged with the first item, until the bills shall have been paid at the Treasury. The only point, therefore, on which the accounting officers wish some further explanation, is that of the arrangement with Mr. Mollien; it being doubted whe ther (however proper it may have been in itself under all the circumstances of the case) it is in conformity with the convention; and whether, therefore, they can legally give you credit for the amount paid at the Treasury in consequence thereof. I have the honor be, &c.

ALBERT GALLATIN. His Exc'y JOHN ARMSTRONG.

Notes on Mr. Armstrong's letter of February 6, 1810, containing explanations upon the points stated in the letter of the Secretary of the Treasury to him, of September 4, 1809, as requiring to be cleared up, before his account, for bills drawn under the Louisiana Convention, could be settled and closed at the Treasury.

1. Variations between the names contained in some of the bills, and the names entered against the corresponding claims in the French lists.Seven cases of this nature were particularly pointed out. Copies of the vouchers (consisting of the minute, or order, of the Minister of the Public Treasury, for the drawing of the bills) are furnished, and appear satisfactory.

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The bills for the six claims first mentioned had not been applied for; Mitchell had applied for his bills, and demanded twenty thousand francs, but only six thousand had been given him. This being the state of things, the Emperor resolved (see Mr. Mollien's letter to Mr. Armstrong, in the form of a certificate, dated 14th March, 1809) that Eric Gladd's claim should be reduced to one-half of the sum at which it had been admitted, and that the half of that claim, thus rejected, amounting to 81,124.02 francs, should be put into the hands of Mr. Armstrong, to be given to what claimants he pleased: Provided, 1. That Mitchell should no longer claim from the French Treasury, the fourteen thousand francs still due to him, (which was virtually to say, that Mr. Armstrong must pay him out of this sum thus put at his disposal.) 2. That a claim of Maurice Giraud, on the Treasury of France, should also be abandoned, (implying, also, as is presumed, that this claim must be paid by Mr. Armstrong, out of this sum, and which he is sup2. Bills drawn in the name of the Cashier Gen-posed to have paid to John Holmes, in right of eral of the Public Treasury.-The right of the Public Treasury of France to receive any bills under this convention, may well be contested; but it is perhaps, not the time now to make any objection to it. It was a subject of discussion between Mr. Armstrong and the French Minister, and the result was, that he drew the bills; his motives for acceding to this measure have been explained in his correspondence. The sum of 115,534.41 francs, being the last sum drawn in the name of the Cashier General, however, stands upon a different footing from the other sums drawn in his name, and is to be separately considered under the next head.

3. A sum of 81,124.02 francs. drawn by Mr. Armstrong in the name of David B. Warden.This sum, by Mr. Armstrong's explanation, is

20,410.39

Giraud.) And, 3. That the other half of Gladd's
claim, which was still to be considered as recog-
nised for a valid claim, amounting to 81,124.02
And the other five claims, not yet ap-
plied for, amounting to
And the amount of Mitchell's claim,
unpaid, and which Mr. Armstrong'
was now to pay out of the sum put
in his hands, viz:

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14,000.00

And amounting, altogether, to Francs 115,534.41

Should be paid to the French Treasury, they assuming to pay Gladd's claim, and the other five outstanding claims, whenever they should be called for.

On this arrangement it is sufficient to remark, 1st.

Suspension of Payment of certain Bills.

That the Emperor arbitrarily, as far as it appears, since no grounds for the act are assigned. took away from Eric Gladd 81,124.02 francs, of which sum he put into the French Treasury 14,000 frs., and gave the other 67,124.02 to General Armstrong, to distribute among such claimants as he pleased. 2d. That Eric Gladd, for that portion of his claim which is left, and the other five claimants, for their claims, instead of receiving bills on the Treasury of the United States, as they were entitled by the Convention, are turned over to the French Treasury for payment. 3d. The whole sum received by General Armstrong. which was left free in his hands, has been given, as he himself states, to Joseph Russell, for the ship Fame; unless the sum which he has paid to John Holmes should prove not to be the claim of Maurice Giraud, for provisions, which was expressly named in Mr. Mollien's certificate stating this arrangement. This is supposed to be the same claim, because Mitchell's claim, which, like Giraud's, was particularly named in Mollien's certificate, was provided for by Mr. Armstrong; and, also, because Giraud's claim was founded on a contract with the agent de subsistances de Paris, en l'an IV. and Holmes's claim, made by Mr. Armstrong, was for provisions, as he himself states. The disposition, then, of the sum received by Mr. Armstrong, being 81,124.02 francs, was as follows:

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The merits of the claim of Joseph Russell, above all others, are not shown any farther, than, as Mr. Armstrong states, that in making the division, "he was guided, altogether, by the nature of the several claims, their extent, and the degree to which they had been already satisfied." The above ideas appear to offer objections sufficient to prevent the settlement of Mr. Armstrong's accounts at the present time. The grounds upon which the whole arrangement was made with Mr. Mollien, in February and March, 1809, respecting the sum of 196,658.43 francs, are not perceived to arise out of the convention; and it deserves consideration, whether the bills for 115,534.41 francs, drawn in the name of the Cashier General of the Public Treasury, should be paid when they are presented here. May 22d, 1810.′

MINISTRY OF THE PUBLIC TREASURY, Bureau of Oppositions. The Minister of the Public Treasury, charged with the execution of the convention of the 10

Floréal, year 11, certifies to General Armstrong, Minister Plenipotentiary of the United States, that the undermentioned items form a part of claims liquidated and verified. in conformity with the dispositions of the said convention, and of the decisions of His Imperial Majesty; and that they have been paid in orders upon the United States, since the 10th July, 1807, on which day a statement was transmitted to General Armstrong, of the sums previously paid.

[Here follow the names of sundry persons, and the amount of the claims allowed in their favor. The two last on the list are the following:]

20. The Cashier General of the Public Treasury, 115,534.41.

21. The 81,124.02 francs, left, by the decision of His Majesty, to the disposition of General Armstrong, under condition that Messrs. Mitchell and Maurice Giraud shall no longer have a right to make any claims upon the French Government; this sum, chargeable upon the twenty millions, and for which Mr. Armstrong has announced, by his despatch of the 10th March instant, that he has drawn, in favor of Mr. Warden. 81,124.02.

[Here follows a recapitulation of the sums which had been certified to Mr. Armstrong, and for which he had drawn bills, amounting, together, including the two above items, to twenty millions of francs. The certificate concludes as follows:]

Thus, the payment of the twenty millions, the object of the convention of the 10 Floréal, year 11, is entirely consummated, and this convention completely and definitively executed.

MOLLIEN.

PUBLIC TREASURY, March 14, 1809.

D.

WASHINGTON, 26th December, 1810. DEAR SIR: I am much obliged by your communication of the 24th instant, and hasten to present a statement, which will, I hope, have the effect of clearing away the obstructions which have arisen to the final settlement of my accounts, under the convention of 1803. In this, the character of Gladd's claim, and that of Maurice Giraud, which had not before been noticed with sufficient distinctness, are shown to be, the one, a claim coming regularly under that provision of the convention which the French Government had a right to decide definitively; and the other, a claim on which nothing could be paid, since it had been rejected by both Boards, French and American. As to the more general objection, that the bills drawn to the order of the cashier of the Treasury did not specify the owners, and left the money to a disposition different from that contemplated by the convention, it may continue to have some force; in which case, these bills may be stopped at the Treasury, until the provisions of the convention be better satisfied. 1 J. ARMSTRONG. am, &c.

Mr. GALLATIN.

Suspension of Payment of certain Bills.

On the day of, there remained of the Louisiana fund, the sum of 196,658.43 francs. Appropriations had been made of a part of this sum, by the functionaries of both Governments, conjointly, which were as follows, viz:

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A farther appropriation, by the French
Council, had been made to Eric
Gladd, of the sum of

Francs.

2,768.32

my disposition a moiety of the sum origina ly and wrongfully appropri ated to Eric Gladd, it was distinctly understood, that this moiety should be applied to the extinction of claims then pending against the French Government, and, of course, could only apply to those above-mentioned. The quantum of allowance to each, was the only thing submitted, as I conceived, to my dis11.626.39 cretion; a circumstance which, by no means, takes these cases out of the ordinary rules of proceeding, as, in many others, my opinions were equally decisive, and, indeed, were necessarily so, since the American commission determined nothing with regard to quantum.

3,132.01

1,983.15
900.52

- 162,248.04 With regard to the other branch of the arrangeThis last appropriation was rejected by the ment, it must also be remarked, that, on receiv American commission, and the objections against ing my bills for the sum of 115,534.41 francs, the it being sustained by me, the French Govern- French Treasury took upon itself to pay the ment was brought, after much discussion, to re- claims specified on the first page, and which had duce it to one half of the sum originally allowed. otherwise continued to embarrass and retard a This claim belonged (as I believed) to the French final settlement of the business. Between, therecommercial house at Nantz, of Dobree and Sweig-fore, granting specific bills in discharge of these hauser; Gladd was but the captain, bringing the claims, and granting one or more to the French supplies on which it was founded, and never did Treasury, which covered all and insured a final appear, personally, as the claimant. The ne- settlement, I cannot suppose that there is a sufficessary effect of this reduction, was to add to the cient legal distinction to prevent my particular residuary fund the sum of 81,124.02 francs. When account from being closed. Should this opinion, this decision was taken, sundry other claims however, be erroneous, I must request that these were pending under the convention: these were, bills, granted to the Cashier General, may be that of John Mitchell; that of Joseph Russell; stopped at the Treasury, and held over until some and that of Maurice Giraud. The first and last other mode be adopted, which shall entirely of these had been rejected by the French Coun- satisfy the letter of the law. cil, on the ground that they were claims not embraced by the convention; and the last, (that of Giraud) was rejected by the functionaries of both Governments. These facts explain the nature of the conditions stated in the Emperor's decision, and, particularly, why (whatever may have been the wish of the French Government) I refused to give to the claim of Giraud any portion of the sum of 81,124.02 francs; this claim belonged to James Swan, who had already received two millions, and upwards, of the fund. To Mitchell, the fourteen thousand additional francs were given, because he proved, most satisfactorily, that the supplies, out of which his demand grew, were made by Anthony Butler, of Philadelphia, in his own right, and for his own benefit.

The bill to Holmes (which has been supposed to arise out of the claim of M. Giraud) had no connexion, whatever, with that claim, and was paid, in part, of a much larger one, made for provisions furnished at St. Domingo, and which passed one, or both, of the authorities recognised by the convention.

The bills to Russell were drawn to the amount of sixty-two thousand francs, for freight and demurrage of the ship Fame, the joint property of the said Russell and T. W. Francis, of Philadelphia, and on which nothing had been previously paid; of these, thirty-two thousand only have been delivered, for reasons formerly assigned in two letters, of different dates, to you. These circumstances do not present to me any deviation from the convention, or from the law made in consequence of it. When the Emperor put at

P. S. The bill of twenty-five thousand francs, retained from the appropriation to Russell, shall be sent to the Treasury. If I do not mistake, this bill has on it an endorsement by D. B. Warden, of contemporary date with itself, showing why it was withheld.

John Armstrong, Minister of the United States at
Paris, in relation to claims on France under the
Louisiana Convention, of the 30th of April, 1803,
in account current with the United States.

Dr.

To Treasury warrants, for amount of sundry warrants
issued from the 6th of July, 1805, to the 5th of Feb-
ruary, 1810, inclusive, in payment of bills drawn
by him for debts due to the citizens of the United
States by the Government of France, as admitted
by said Government, under the Louisiana Conven-
tion of the 30th of April, 1803; including those
issued in discharge of certain embargo claims, re-
ferred for payment to the Treasury, per certificate of
the Register herewith
$3,692,053 15
Profit and loss for this sum arising
from fractions of cents, gained in cal-
culation -

Cr.

2 24 3,692,055 69

By amount of claims on the Government of France, admitted by said Government as due to the citizens of the United States, and which, pursuant to the provisions of the Louisiana Convention of the 30th of April, 1803, were payable by bills drawn by the said Minister on the Treasury of the United States,

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