« ForrigeFortsett »
Suspension of Payment of certain Bills.
in the case,
reach me till within the last week. The varia- 534.41, the Public Treasury will stand bound to tions which you state between the general list of acquit the claims which may be made in the vouchers and my bills drawn on the Treasury, names of Eric Gladd, John Clark, Leighton, Tuphave arisen principally from a desire of clerks in per & Platt, Perron, and Goix. the French bureau to abridge their own labor. That this sum of 15,534.41, and the 81 124.02 It becomes a duty, on my part, therefore to give placed at the disposal of General Armstrong, you entire copies of the original vouchers on complete the amount of American claims liquidwhich the seven bills noted by you as requiring ated and chargeable on the twenty millions; that explanation have been drawn, as well as of those the convention of the 10th of Floréal, year 11, on which payments have been made to the order will thus be definitely executed, and the payment of the Cashier General of the French Treasury of the twenty millions entirely completed. To these you will find subjoined, an explanation
Division of the bills to be delivered. of the final arrangement of the Louisiana business; the claims which have been satisfied by it; Three bills of 25,000
75,000 00 the names of the persons for whose use the bills One do.
26,534 41 have been paid ; and lastly, the proof that Mr. One do.
14,000 00 Warden has paid them. Hoping that this explanation will discharge me from all responsibility
Francs 115.534 41 I am, sir, with great consideration, &c.
The Count of the Empire, Minister of the Pub-
MOLLIEN Hon. Albert GALLATIN, &c.
Public TREASURY, February 21, 1809.
MINISTRY OF THE Public TREASURY, No. 51. The Minister of the Public Treasury,
Paris, March 14, 1809. charged with the execution of the Convention
Sir: I have received, from your Excellency, of the 10th Floréal, year 11, (30 April, 1803,) your letter of the 10th of this month, the five bilis certifies to General Armstrong. Minister Pleni- to the order of the Cashier of the Public Treapotentiary of the United States,
sury, together, frs. 115,534.41, which were to be That, by decision of His Imperial Majesty, the delivered conformably to the decision of His
MOLLIEN liquidation of livres 164,301,15.5 (francs 162,248.4) made in the name of Eric Gladd, is re
His Excellency Gen. ARMSTRONG. duced to one-half; that the francs 81,124.2, forming the other half, and chargeable upon the iwenty Explanation in the last article in the general voucher millions, remain at the free disposal of General
No. 2. 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 propo. arising 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 sufficienily 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, the sum gained to the fund, on the reduction of against the French Government, either by the Gladd's claim, but seally appropriated that sum said Giraud, or by any other person in his right. to those of Dauchy and Swan, neither of which
That the francs 81,124.2 to which Eric Gladd's had received my approbation. A third proposiliquidation is reduced, and the francs 14,000 re. tion, No. 2, was then offered, which left nothing maining of the sum previously allowed to Mit- in controversy between Mr. Mollien, and myself
, chell, shall be paid to the Public Treasury, mak- but the payment to Dauchy of 14,000 frs.* Be. ing
Francs 95,124.2 lieving that this was not a point to higgle upon,
extremely anxious to close the business, and fearThat the same course shall be taken with the ful lest a too great tenaciousness might defeat undermentioned liquidations, which have not yet its own object. I adopted the last proposition, (inbeen claimed:
95,124 02 serting the two articles underscored) and transNo. 27. John Clark,
2,768 32 mitted it to the Minister, officially, with my letter, 58. Samuel Leighton,
11,626 39 No. 3, of the 16th February, 1809. On tne 21st 141. Tupper & Plait,
3,132 01 of that month, I received his answer, No. 4. The 392. Perron,
1,983 15 voucher on the same day by Mr. Mollien, and 395. Nicholas Goix,
900 52 the payment by me, on the 10th of March, p. 12,
were the consequences of their arrangement.
Francs 113.534 41 It remains, therefore, only to show what was the By the delivery of bills drawn to the order of * This very thing had already protracted the settlethe Cashier General, for the sum of francs 115,- 1 ment one year.
Suspension of Payment of certain Bills.
appropriation of the balance of 81,1048. 4c., which 5. The Minister of the Treasury will obtain had been put by their arrangement, at my dispo- upon all this, the ideas of His Majesty, whose sition. This was as follows, viz: to John Holmes, approbation cannot be doubted, when the two claimant for supplies of provisions, 5,000f.; to Ministers shall have agreed; and, the approJohn Mitchell, do., for supplies, do., furnished bation once given, the Louisiana affair will be through Perotise, 14.000f.; to Joseph Russell, irrevocably completed. 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
No. 2. which they had been already satisfied. Besides,
The Louisiana liquidation may be finished as of the sum granted to Mr. Russell, there has been follows: retained (as stated in a former letter) 25,000f. so 1. The 14,000 frs., still to be disposed of, shall that the sums actually paid have been
remain to the Treasury. 5.124 francs, 4 centimes, in behalf of Holmes,
2. The little liquidations of Leighton, Tupper 14.000 do
in behalf of Mitchell
, and Platt, and Goix, shall remain to the Treasury, 37,000 do
in behalf of Russell. to be paid over to the claimants. The first and last of these sums were paid to the 3. The liquidation under the name of Gladd, attorney of Russell and Holines, (Mr. O'Mealy,) amounting to 163,891 frs. shall be divided into
a copy of whose receipt is annexed, No. 5, and equal moieties. One of these moieties, amount. 1. Mr. Warden, being himself the attorney of Mitch-| ing to 81,945.50 frs. shall be paid to General
ell,* made such payments on his account as had Armstrong: to be disposed of as he shall think been directed by him.
4. General Armstrong shall deliver to the Trea
sury, bills drawn in favor of the Cashier General, No. 1.
for the 14,000 frs. the litile liquidation of LeighThe following are the principles on which we
ton, Tupper and Platt, and Goix, and for the may now hope to terminate the Louisiana affair:
81,945.50 frs. 1. There remains a disposable sum of 14,000 frs.
5. He shall, in like manner. place in the hands, which inay serve to pay Mr. Mitchell. The and draw in favor of D. B. Warden, bills amountcredit of Dauchy, for which that sum was in-ling 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.
6. It shall be stated, that neither Mitchell, 2. There are four credits not claimed; those nor Maurice Giraud, are, hereafter, under any of Gladd, Leighton, Tupper and Platt, and Goix. pretence, to make a claim against the Public
Treasury. That of Gladd, including the interest, amounts to the sum of 162,634.68 frs. That may be di
7. The Minister of the Public Treasury shall and the others, to remain entire to the Treasury cision which may be given by His Majesty, and vided in equal muieties; the credits of Leighton furnish Mr. Armstrong with a general authority
for the above payments, conformably to the deAnd it may be stated, that, with one-half of Gladd's credit, and the whole of Leighton's and in the ordinary form.* the others, the public Treasury shall be charged to meet, in the most convenient manner, the final
Paris. February 1, 1809. claims which may be made by the parties inter- Sir: I have the honor of submitting a propoested, without the Government of the United sition to your Excellency, the object of which States being, in any event, liable to be called is to bring to a close the very protracted business upon for them.
of the convention of 1803. Should it meet your To complete this operation, General Arm- Excellency's approbation, you will be pleased to strong shall deliver bills to the Treasury, drawn take the step necessary io give it execution. in the name of the Cashier General, for the Should you disapprove it, you will be pleased to amount agreed upon.
signify your disapprobation. Accept, &c. 3. Of the other half of Gladd's liquidation,
JOHN ARMSTRONG. 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 MINISTRY OF THE Public TREASURY, for the discharge of Maurice Giraud, who shall
Paris, February 14, 1809. declare that he renounces all future den ands, in Sir: The mode proposed by your Excellency, any way, upon the French Government.
for completing the payment of the twenty mil4. The proposition for the arrangement upon lions, has been approved by His Majesty. I rethese terms, is to be made by Mr. Armstrong, joice at my concurrence in the adoption of meawho may take advantage of the intentions of his sures which go to terminate, definitely, and to Government, which has manifested a wish that our mutual satisfaction, the execution of the conthe liquidation of Gladd should be reduced. vention of the 10th Floréal, year 11.
* Mr. Mitchell, being now in the United States, will * This article, and article No. 5, were the articles give to Mr. Gallatin such further information on this added by me. head as he may wish.
+ This was proposition No. 2.
Suspension of Payment of certain Bills.
I have the honor to transmit to your Excellency closely connected with the next preceding sum of the certificate containing its details. I pray your 115,531.41. drawn in the name of the Cashier Excellency to accept, &c. MOLLIEN. General of the Public Treasury, and the following The MINISTER, &c., of the U. S.
seems to be the history of the transaction: A
ter paying all the claims admitted under the
Convention, which were applied for by the claim-
arils, there appeared, in February, 1809, to be a
suin of 196,658.43 francs remaining of the twenty Sir: I have the honor 10 transmit a copy of millions; this sum appears to have been origine the statement of your account (for bills drawn ally destined for the payment of the following under the Louisiana Convention) as adjusted by claims, viz: the Auditor of the Treasury, together with copies
Francs. of two statements therein referred to. You will Eric Gladd
162,248.04 perceive that the two sums suspended, and not John Clark
2,768.32 yet carried to your credit, consist, 1st, of the bills Samuel Leighton
11,626.39 which have not yet been paid ; 2dly, of the Tupper and Platt
3,132.01 amount drawn in favor of Mr. Warden, under
1.983.15 your arrangement of February, 1809, with Mr. Nicholas Goix
900.52 Mollien. But neither are you, or can you, be charged with the first item, until the bills shall
182,658.43 have been paid at the Treasury. The only point, John Mitchell
20.000 therefore, on which the accounting officers wish Of which had been paid 6.000 some further explanation, is that of the arrange
14,000.00 ment with Mr. Mollien ; it Teing doubted whether (however proper it may have been in itself
Francs, 196,658.43 under all the circumstances of the case) it is in conformity with the convention; and whether, The bills for the six claims first mentioned therefore, they can legally give you credit for the had not been applied for; Mitchell had applied amount paid at the Treasury in consequence for his bills, and demanded iwenty thousand thereof. I have the honor be, &c.
francs, but only six thousand had been given him. ALBERT GALLATIN.
This being the state of things, the Emperor reHis Exc'y John ARMSTRONG.
solved (see Mr. Mollien's letter to Mr. Armstrong,
in the form of a certificate, dated 141h March, Notes on Mr. Armstrong's letter of February 6, 1810, 1809) that Eric Gladd's claim should be reduced
containing explanations upon the points stated in to one-half of the sum at which it had been adthe letter of the Secretary of the Treasury to him, mitted, and that the half of that claim, thus reof September 4, 1809, as requiring to be cleared up, jected, aniounting to 81,124.02 francs, should be before his account, for bills drawn under the Louis- put into the hands of Mr. Armstrong, to be given iana Convention, could be settled and closed at the io what claimants he pleased : Provided, 1. That
French 1. Variations between the names contained in Treasury, the fourteenthousand francs still due some of the bills, and the names entered against to him, (which 'was virtually to say, that Mr. the corresponding claims in the French lists. Armstrong must pay him out of this sum thus Seven cases of this nature were particularly point. put at his disposal.) _2. That a claim of Mau. ed oui. Copies of the vouchers (consisting of the rice Giraud, on the Treasury of France, should minute, or order, of the Minister of the Public also be abandoned, (implying, also, as is preTreasury, for the drawing of the bills) are fur- sumed, that this claim must be paid by Mr. nished, and appear satisfactory.
Armstrong, out of this sum, and which he is sup. 2. 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 Giraud.) And, '3. That the other half of Gladd's Public Treasury of France to receive any bills claim, which was still to be considered as recog. under this convention, may well be contested ; nised for a valid claim, amounting to 81,124.02 but it is perhaps, not the time now to make any And the other five claims, not yet apobjection to it.' It was a subject of discussion plied for, amounting to
20,410.39 between Mr. Armstrong and the French Minis. And the amount of Mitchell's claim, ter, and the result was, ihat he drew the bills; unpaid, and which Mr. Armstrong his motives for acceding to this measure have was now to pay out of the sum put been explained in his correspondence. The sum in his hands, viz :
14.000.00 of 115,534.41 francs, being the last sum drawn in the name of the Cashier General, however, stands | And amounting, altogether, to Francs 115,534.41 upon a different footing from the other sums drawn in his name, and is to be separately con- Should be paid to the French Treasury, they sidered under the next head.
assuming to pay Gladu's claim, and the other five 3. A sum of 81,124.02 francs. drawn by Mr. outstanding claims, whenever they should be Armstrong in the name of David B. Warden.- called for. This sum, by Mr. Armstrong's explanation, is On this arrangement it is sufficient to remark, 1st.
Suspension of Payment of certain Bills. That the Emperor arbitrarily, as far as it appears, Floréal, year 11, certifies to General Armstrong, since no grounds for the act are assigned. took Minister Plenipotentiary of the United States, that away from Eric Gladd 81,124.02 francs, of which the undermentioned items form a part of claims sum he put into the French Treasury 14,000 frs., liquidated and verified. in conformity with the and gave the other 67,124.02 to General Arm- dispositions of the said convention, and of the strong, to distribute among such claimanis as he decisions of His Imperial Majesty; and that they pleased. 2d. That Eric Gladd, for that portion have been paid in orders upon the United States, of his claim which is left, and the other five since the 10th July, 1807, on which day a stateclaimants, for their claims, instead of receiving ment was transmitted to General Armstrong, of bills on the Treasury of the United States, as the sums previously paid. they were entitled by the Convention, are turned [Here follow the names of sundry persons, and over to the French Treasury for payment. 31. the amount of the claims allowed in their favor. The whole sum received by General Armstrong, The two last on the list are the following:] which was left free in his hands, has been given, 20. The Cashier General of the Public Treas. as he himself states, to Joseph Russell, for the ury, 115,534.41. sbip Fame; unless the sum which he has paid 21. The 81,124.02 francs, left, by the decision to John Holmes should prove not to be the claim of His Majesty, to the disposition of General of Maurice Giraud, for provisions, which was Armstrong, under condition ihat Messrs. Mitchell expressly named in Mr. Mollien's certificate stat- and Maurice Giraud shall no longer have a right ing this arrangement. This is supposed to be to make any claims upon the French Governthe same claim, becanse Mitchell's claim, which, ment; this sum, chargeable upon the twenty like Giraud's, was particularly named in Mollien's millions, and for which Mr. Armstrong has ancertificate, was provided for by Mr. Armstrong; nounced, by his despatch of the 10th March inand, also, because Giraud's claim was founded on stant, that he has drawn, in favor of Mr. Wara contract with the agent de subsistances de den. 81,124.02. Paris, en l'an IV. and Holmes's claim, made by [Here follows a recapitulation of the sums Mr. Armstrong, was for provisions, as he himself which had been certified to Mr. Armstrong, and
The disposition, then, of the sum receiv- for which he had drawn bills, amounting, toed by Mr. Armstrong, being 81,124.02 francs, was gether, including the iwo above items, to twenty as follows:
millions of francs. The certificate concludes as To Mitchell, as provided by the arrangement follows:] with the Minister of the French Treasury, and Thus, the payment of the twenty millions, the the result of which was, to enable them to put object of the convention of the 10 Floréal, year the same sum into the French Treasury, without | 11, is entirely consummated, and this convention any legal right whatever Francs, 14,000.00 completely and definitively executed. To Holmes, as was also provided by
MOLLIEN. the arrangement, provided his claim
Public TREASURY, March 14, 1909. is the same as Maurice Giraud's, which is supposed to be the case,
5,124.02 To Joseph Russell
WASHINGTON, 26th December, 1810.
Dear Sir: I am much obliged by your comThe merits of the claim of Joseph Russell, munication of the 24th instant, and hasten to above all others, are not shown any farther, than, present a statement, which will, I hope, have the as Mr. Armstrong states, that in making the effect of clearing away the obstructions which division, "he was guided, altogether, by the na- have arisen to the final settlement of my accounts, ture of the several claims, their extent, and the under the convention of 1803. In this, the chardegree to which they had been already satisfied." acter of Gladu's claim, and that of Maurice
The above ideas appear to offer objections Giraud, which had not before been noticed with sufficient to prevent the settlement of Mr. Arm- sufficient distinctness, are shown to be, the one, a strong's accounts at the present time. The claim coming regularly under that provision of grounds upon which the whole arrangement was the convention which ihe French Goveroment made with Mr. Mollien, in February and March, bad a right to decide definitively; and the other, 1809, respecting the sum of 196,658.43 francs, are
a claim on which nothing could be paid, since it not perceived 10 arise out of the convention; and had been rejected by both Boards, French and it deserves consideration, whether the bills for American. "As to the more general objection, 115,534.41 francs, drawn in the name of the that the bills drawn to the order of the cashier of Cashier General of the Public Treasury, should the Treasury did not specify the owners, and left be paid when they are presented here.
the money to a disposition different from that May 22d, 1810.
contemplated by the convention, it may continue
to have some force; in which case, these bills MINISTRY OF THE Public TREASURY,
may be stopped at the Treasury, until the proBureau of Oppositions.
visions of the convention be betier satisfied. I The Minister of the Public Treasury, charged
J. ARMSTRONG. with the execution of the convention of the 10 Mr. GALLATIN.
Suspension of Payment of certain Bills.
there remained of the my disposition a moiety of the sum origina ly Louisiana fund, ihe sum of 196,658.43 francs. and wrongfully appropri ated to Eric Gladd, it Appropriations had been made of a part of this was distinctly understood, that this poiety should sum, by the functionaries of both Governments, be applied to the extinction of claims then pendconjointly, which were as follows, viz:
ing against the French Government, and, of
Francs. course, could only apply to those above-mentionJohn Clark,
ed. The quantum of allowance to each, was the Samuel Leighton,
only thing submitted, as I conceived, to my dis11.626.39
cretion ; a circumstance which, by no means, Tupper and Platt,
takes these cases out of the ordinary rules of proPerron,
1,983.15 Nicholas Goix,
ceeding, as, in many others, my opinions were
900.52 A farther appropriation, by the French
equally decisive, and, indeed, were necessarily Council," had been made to Eric
so, since the American commission determined Gladd, of the sum of
- 162,248.04 nothing with regard 10 quantum.
With regard to the other branch of the arrangeThis last appropriation was rejected by the ment, it must also be remarked, that, on receive 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 relard a This claim belonged (as I believed) to the French final settlement of the business. Between, therecommercial house at Nanız, of Dobree and Sweig- fore, granting specific bills in discharge of these bauser; Gladd was but the captain, bringing the claims, and granting one or more to ihe Freach 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 em- P.S. The bill of twenty-five thousand francs, braced by the convention; and the last, (that of retained from the appropriation to Russell, shall Giraud) was rejectedby the functionaries of both be seni to the Treasury. If I do not mistake, this Governments
. These facts explain the nature bill has on it an endorsemeni by D. B. Warden, of the conditions stated in the Emperor's decision, of contemporary date with itself, showing why it and, particularly, why (whatever may have been was withheld. the wish of the French Governmeni) I refused John Armstrong, Minister of the United States at to give to the claim of Giraud any portion of the Paris, in relation to claims on France under the sum of 81,124.02 francs ; this claim belonged to Louisiana Convention, of the 30th of April, 1803, James Swan, who had already received two mil.
in account current with the United States. lions, and upwards, of the fund. To Mitchell, the fourteen thousand additional francs were To Treasury warrants, for amount of sundry warrants
Dr. given, because he proved, most satisfactorily,
issued from the 6th of July, 1805, to the 5th of Febthat the supplies, out of which his demand grew, were made by Anthony Butler, of Philadelphia,
ruary, 1810, inclusive, in payment of bills drawn
by him for debts due to the citizens of the United in his own right, and for his own benefit.
States by the Government of France, as admitted The bill to Holmes (which has been supposed
by said Government, under the Louisiana Convento arise out of the claim of M. Giraud) had no
tion of the 30th of April, 1803; including those connexion, whatever, with that claim, and was issued in discharge of certain embargo claims, repaid, in part, of a much larger one, made for pro- ferred for payment to the Treasury, per certificate of visions furnished at St. Domingo, and which the Register herewith
$3,692,053 15 passed one, or both, of the authorities recognised Profit and loss for this sum arising by the convention.
from fractions of cents, gained in calThe bills to Russell were drawn to the amount culation
2 24 of sixty-two thousand francs, for freight and demurrage of the ship Fame, the joint property of
3,692,055 69 the said Russell and T. W. Francis, of Philadelphia, and on which nothing had been previously
Cr. paid'; of these, thirty-two thousand only have By amount of claims on the Government of France, been delivered, for reasons formerly assigned in admitted by said Government as due to the citizens two letters, of different dates, to you. These cir- of the United States, and which, pursuant to the cumstances do not present to me any deviation provisions of the Louisiana Convention of the 30th from the convention, or from the law made in of April, 1803, were payable by bills drawn by the consequence of it. When the Emperor put at said Minister on the Treasury of the United States,