rived his information, he is certainly mistaken in thinking that there has appeared any symptom on the part of the French government to do us justice, even in the Antwerp cases, which are certainly amongst those against which it is almost impossible to raise any objection. The favorable inference he draws from the partial repayment to Hamburg, and from the admission of the claim of the Algerine Jews, is also, unfortunately, erroneous. I have already stated in a former despatch that this last claim had been recognized by a former treaty, notwithstanding which, and the evident solicitude of the government to cultivate friendly relations with the Barbary powers, it had not been admitted by the present government until after it had been purchased by a company of French speculators, the same who offer to purchase the Antwerp claims. With respect to the payment made to Hamburg, it was included amongst the cases embraced by the treaties of Paris of the year 1815. But, on account of the enormous amount of reclamations presented under those conventions, they were all reduced, either by virtue of private agreements, or, more generally, by decisions of the Duke of Wellington, who, by common consent, acted as an arbitrator to apportion the gross sum which France agreed to pay, and the four allied powers [agreed] should be received, in lieu of what she would have had to pay in consequence of the awards made by the several commissioners appointed by virtue of the treaties of 1815.

Both transactions were imposed upon France by superior force; the original treaties when she was invaded and half her territory occupied by the armies of the allies; the stipulated payment of a gross sum in lieu of the strict performance of those treaties, when an army of 100,000 men still occupied her principal fortresses; and this stipulation was made the express condition of their evacuation. I must add, and the observation has heretofore been made, that it would be extremely dangerous to refer to those stipulations and to the payments made by virtue thereof for precedents applicable to our claims. Of this the Duke of Richelieu was aware; and he drew an argument against us from the circumstance that, even in treaties which necessity alone had compelled France to sign, claims similar to ours had not been included, a certain class of vessels burnt at sea (not the

Dolly and Telegraph) only excepted. My answer to this remark is unconnected with the subject of this letter, and will be found in my correspondence of the year 1816.

These observations are made only in order to show that there are no new circumstances giving a more favorable aspect to the prosecution of our claims, or making this a more auspicious time than heretofore to urge their settlement. In one respect the present moment is unfavorable; the state of the pending negotiations on other subjects is not calculated to render this government more flexible on this; and there is some reason to believe that their principal object in pressing their newly-raised pretensions under the 8th Article of the Louisiana Treaty is to obtain an equivalent for its abandonment, either in commercial advantages, or in a relaxation of our demands for indemnity.

I will, as heretofore, be ready to seize any proper opportunity that may offer to urge the general question, and more particularly a decision with respect to the Antwerp claims, which are now separated from the others and specially under the consideration of the Department of Foreign Affairs. I can only press a decision, as, until some answer shall have been made by this government, I have nothing to add to the arguments urged, not only in my general application, but in my letters to that Department on that particular class. The manner in which the demand should be urged may also vary according to the final result of the negotiation pending at Washington.

Nothing could gratify me more than to bring the subject to some determinate conclusion before my departure: nothing is more easy than to write to this government, pressing our right to have, at all events, an answer; this mode could long ago have been pursued had I only consulted my own feelings; if, using the discretion left to me, I have waited for what might be considered a favorable opportunity, not to bring the subject before the present government and urge the justice of our claims (which has been repeatedly done), but to demand a final answer, it has been solely for the sake of the parties interested, and in order not to place their claims on still worse footing than they already

are.

Mr. Gracie has not yet obtained, although he has the promise

of, a copy of the unpublished decree of July, 1810, by virtue of which it is suggested that the proceeds of the ships and cargoes sequestered at Antwerp were transferred from the caisse d'amortissement to the treasury.

No. 191.

I have the honor, &c.

GALLATIN TO J. Q. ADAMS.

PARIS, 23d October, 1821.

SIR,—I have the honor to enclose a copy of a note I addressed to Mr. Pasquier the 15th instant. It is much longer than I had at first contemplated; but as the result of the negotiation seemed to depend on the final instructions this government might now send to Mr. de Neuville, I thought it important to state fairly the question at issue, once more to refute the arguments used principally here in support of the high discriminating duties for which France still insists, and at the same time to point out, without committing my government, a mode which might have a chance of being acceded to on its part.

Discriminating duties on the value of the merchandise are undoubtedly the most favorable to the United States; but the basis proposed by Mr. de Neuville, and which you rejected, that of a similar reduction on both sides, preserving in each country the mode heretofore adopted by each, is, if the principle alone is taken into consideration without reference to the rate of duty, less disadvantageous to us than the other basis, founded on both sides on tonnage duties, of which you had given the option. In intimating, therefore, to Mr. Pasquier that if the rate of discriminating duties laid in France on the American navigation could be agreed on there would be no difficulty in settling the rate of duties to be laid in America on the French shipping, it was my intention to give a hope that if that first point was arranged, the principle of the basis proposed by Mr. de Neuville might perhaps be admitted. This would cost us nothing; and, if considered by this government as a concession on our part, may help them to extricate themselves from the situation in

which they are, and facilitate an accommodation. That, however, depends altogether on their disposition to agree to reasonable terms with respect to the rate of duty; and I cannot expect that they will make any communication to me on that point. It is their interest, in order that it may in that way reach you, to impress on me the opinion that they will adhere to a high rate. On that question, which appears to me the only important one, the rate of the French discriminating duties to which we can agree, you must ultimately decide, and our merchants and captains are the best judges of the extent to which we may accede. I have in my note to Mr. Pasquier fairly, though in civil terms, stated the two principal causes of the inferiority of the French navigation, viz., the obstinacy of government in keeping in force ancient and ridiculous regulations, and the total ignorance of maritime affairs of the ship-owners, particularly those residing in Paris. I might to these have added the indolent and expensive habits of the sea-captains and other officers. Those several considerations taken together certainly give us for the present a decided superiority; and I incline to the opinion that a reduction on both sides of the discriminating duties to one-fourth of the rate at which they stood before the late extraordinary tonnage duties would still leave us more than one-half of the navigation. You will find that the surcharge on our cotton imported in vessels of the United States would at that rate be about two centimes, or seven-twentieths of a cent, per American pound.

It is true that an agreement founded on this basis, or on any other short of a total abrogation of the discriminating duties, will give us but a nominal equality; and I think that if we can pass such laws as will restore it in reality, it would be much better to wait until this government had become disposed to make an arrangement on that principle. But they are aware of the difficulties which we have to encounter; they know that we cannot retaliate directly by discriminating duties either on the French articles imported or on the American products exported in French vessels. Extreme means, such as an exclusion of those vessels or a prohibition of French manufactures, would be too hostile. Yet that something must be done is evident. The

comparative statement contained in the latter part of my note to Mr. Pasquier shows the enormous difference now existing in favor of French vessels; and I annex the calculation on which it is founded. It is to be hoped that some efficient measures may be devised to counteract those adopted by France. No others have suggested themselves to me but a prohibition of the exportation of our cotton to American ports, and an increase of tonnage duty on the French vessels equal to the French surcharge of sixty-two to sixty-seven francs per ton, with a discretionary power to the President to increase it still further, so as to make always the duty equal to any rate to which this government might raise their own. I beg leave to observe that there is an error in your letter of 13th of August last to Mr. de Neuville. Alluding to my notes of 7th and 8th July, 1820, to Mr. Pasquier, you say that I had shown that the French surcharge, even if reduced to one-half, would still be nearly equal to the price of the freight: it was the whole of the surcharge, and not its half, that I had considered as equal to the freight.

I have the honor, &c.

No. 192.

GALLATIN TO J. Q. ADAMS.

PARIS, 13th November, 1821. SIR,-The first time I saw Mr. Pasquier after he had received my note of the 15th October last, he mentioned that he intended to have a conference with me on that subject, and that he was collecting some materials that might enable him to discuss it. He repeated in substance the same thing a few days after, and added that he hoped to have it in his power to invite me to an interview within four or five days. I understood, though he did not say so positively, that that conference was to precede the decision of this government on the final instructions to be sent to Mr. de Neuville. A fortnight has, however, elapsed without my hearing further from Mr. Pasquier. In the mean while an ordinance has been issued continuing till the 1st of April next the premium on the importation by French vessels of cotton