I had every reason, therefore, to be content with the equalization of the duties on the long staple and short staple cottons of the United States, operating a reduction of one-half of the duties now imposed on the former; es pecially as the real motive of the stipulated reduction of duties on French wines in the United States was not to obtain commercial advantages, but to get rid of a claim of perpetual privileges, founded on the language of a treaty which had heretofore proved an invincible obstacle to the just reclamations of our citizens, and might be most onerous and embarrassing for the future.

sieur Polignac, in May, 1830, had chiefly in view a reducMr. Rives to Mr. Livingston. tion of the duty on wines in cask. But the Minister of Foreign Affairs desired a simultaneous reduction of the duties [No. 75.] PARIS, July 8, 1831. on other wines, with a view of conciliating the wine-grow- SIR: I have the honor to transmit, herewith, the treaty ing interest of Champagne and Bourgoyne, as well as of which has been concluded with the Government of France. the South of France. Instead, therefore, of a reduction It was reduced on its definitive form on the 30th ultimo, of 50 per cent. in the duties on red wines in cask only, but the necessity of submitting it to the King, who had (which the calculations made in my despatch of the 20th just returned from his tour in the eastern departments, May, 1830, would require, in order to establish an equa- and the subsequent absence of the Minister of Foreign lity, in that respect, with Madeira wines,) it was agreed Affairs, who accompanied the King in another excursion to grant an average reduction of about 33 per cent. in to Melun and Fontainbleau, on the 2d and 3d instants, the duties on all kinds of French wines. prevented its signature till the 4th. Satisfactory explanations were given by the minister in In communicating the result of this long and arduous regard to the difference in the rates of duties established, negotiation, I do not suppose it necessary to enter into an at present, in France, on the cottons of Turkey and In-analysis of the articles of the treaty, which either suffidia, and those of other countries; and I was convinced, ciently explain themselves, or are already explained by indeed, notwithstanding this difference of duty, that the the details given in my previous despatches. It will be cottons of the United States had nothing to fear from a perceived that the whole sum which the French Governcompetition with the inferior qualities and reduced sup- ment is to pay on account of the reclamations of citizens plies of the cottons of other countries. of the United States for unlawful seizures, captures, &c., is twenty-eight and a half millions of francs. In regard to the adequacy of this sum to pay the just claims of our citizens, I have already had the honor to refer to the despatch of Mr. Gallatin of the 14th of January, 1822, and beg leave here to cite the passage of it which relates to this subject. "Although I have enumerated all the cases within my knowledge, where actual condemnation had not taken place, I must add that it is possible that some vessels captured, and probably that some burnt at sea whilst the Berlin and Milan decrees were in force, have not yet been definitively condemned. But there can be no expecMr. Gallatin, in his letter of 27th February, 1823, to tation that indemnity will ever be obtained either for Monsieur Chateaubriand, shows that the effect of this those, or in any of the cases where there has been such pretension, on the part of France, might be to put it in her condemnation. From all the documents which I have yet power to monopolize, in favor of the French navigation, seen, I do not believe that the total amount of this last the carriage of the whole commerce between her domin- mentioned class, after deducting the cases where the desions and the ports of Louisiana. Between the risk of such tination of the vessels was concealed, enemy's propera consequence, which would have been entailed upon the ty covered, or which might generally afford plausible United States "forever," in the event of an unfavorable grounds of condemnation, can exceed two millions of dolissue of the arbitration proposed by the American Govern- lars in value. The Danish prizes, and the vessels and ment in 1828, and a temporary arrangement which, at the cargoes seized at Naples, are not included in that estisame time that it finally extinguishes the pretensions of mate. The amount of sequestrations and vessels burnt at France, is intrinsically advantageous to ourselves, there sea, where no condemnation has taken place, may be escannot, it is presumed, be any hesitation in making an timated at about three millions of dollars. This last esti election. mate cannot be far from the truth, since we know the The arrangements which had been agreed upon in this amount of the two largest claims, the St. Sebastian and interview, left nothing to be done, but to settle, defini- the Antwerp sequestrations. The answer which this Gotively, the form of the treaty in which they were to be in-vernment may give to my last note, will show whether corporated. As the Minister of Foreign Affairs had not we have any thing to expect from its justice in any case yet presented a contre projet, it was understood that he whatever; for, if the Antwerp claim is rejected, there would prepare these additional stipulations, and make can be no expectation that they will voluntarily allow any them a part of his projet. On the following day, (the other." 23d,) I returned to the Office of Foreign Affairs, for the purpose of consulting with Baron Deffandis (on whom the reduction of the contre projet devolved) in relation to several points of it; on which, for the most part, we agreed. He promised, as soon as the contre projet should have been approved by the council, to send it to me for examination. On the 26th instant, I received it, and have now the honor to enclose a copy. Yesterday I called on the Minister of Foreign Affairs, and proposed some slight alterations in it, most of which were readily acceded to. Some few points of expression only remain to be further considered. In a few days more, I have every reason to hope that the matter will be definitively consummated by the signature of the treaty.

I have the honor to be,

With great respect,

Your most obedient servant,

If the opinion here expressed be correct, and certainly none enjoys, or is entitled to more respect, the sum stipulated to be paid by the French Government will be amply sufficient to satisfy all the just claims of our citizens of every description, comprehended in the scope of the negotiation.

The schedules founded on statements of the claimants, which have from time to time been presented to Congress, carry the amount of the claims much higher; but, for obvious reasons, they are not a safe guide either in regard to the validity or the amount of the claims. During the past winter, I put these schedules into the hands of a most intelligent countryman, whose practical acquaintance with such subjects, and a personal knowledge of many of the transactions themselves, derived from a residence in Europe at the time, gave particular value to his opinion. He communicated to me the result of his examination in a letter, a copy of which, as showing the large deductions to be made from the schedules, and as containing other observations which may be found useful in the ultimate investigation of the claims, I herewith transmit.

Spoliations on American Commerce.

The result which has been gained in the interest of the to those of other countries, in a much more disadvantageclaimants has not been achieved without the greatest dif- ous position than ever. Feeling myself the justness of ficulty. The correspondence of Mr. Crawford, of Mr. this observation, and the Minister of Foreign Affairs deGallatin, and of Mr. Brown, with the Department of State, claring that, without the insertion of the clause in ques(the unfavorable parts of which have, for obvious rea- tion, he could not sign the treaty, I saw no occasion for sons, not heretofore been given to the public,) shows that making a serious difficulty of it on my part. they regarded this whole subject as almost entirely hope- At the same time, I did not lose sight of what is said in less. The difficulties, instead of being diminished, have the instructions addressed to me on the 30th November, been increased by the recent revolution here: the causes 1830; which, while sanctioning the proposition I had inof which have been hinted at in several of my previous formally made to Monsieur Polignac respecting a reducdespatches, and particularly in that of the 8th of Au- tion of duties on the wines of France, added that "progust, 1830. The more popular genius of the new Gov- per care should be taken that the stipulation for this reernment, in creating a greater tenderness for the public duction of duties does not conflict with our engagements purse, and stronger sympathies with the interests of to other nations, by which we are bound to impose no tax-payers, has itself been a serious obstacle; to which higher duties upon articles the produce of the soil or inhave been added the pressure of extreme financial embar-dustry of those nations, than upon similar articles of other rassments, and the absorbing pre-occupation of European nations when imported into the United States." politics. If the views presented in my despatch of 20th May,

An arrangement which, amid so many difficulties, has 1830, respecting the unequal rates of the existing duties secured for claims of our citizens (prosecuted in vain for on the wines of France and those of other countries, be the last twenty years, and a large portion, if not the whole, correct, (as they are believed to be,) the effect of the stipuof which has been considered as desperate) a sum suffi-lated reduction in the duties on French wines will be, not cient, in all probability, to pay every cent justly due, and to admit them on more favorable terms than those of other nearly treble the amount pronounced to be due by the countries, but simply to restore them to a just equality. commission charged with their examination here; which But a consideration not less conclusive is, that we have has, at the same time, extinguished claims of French sub-no engagement, of the kind referred to, with any winejects against the United States to the amount of near five growing country.

millions of francs, by a stipulation to pay a million and a The only countries with which we have entered into a half; and has finally gotten rid of a most embarrassing stipulation to impose "no higher or other duties on their claim (founded on the language of a treaty) of perpetual productions than are or shall be payable on the like artiprivileges in the ports of one of the States of the Union, cles the produce or manufacture of other foreign counby a temporary measure intrinsically advantageous to our-tries," are Great Britain, (in reference to her European selves, and, in the definitive settlement of these unpleasant possessions only,) Prussia, Denmark, Sweden, the Hansequestions, has laid a lasting foundation of harmony and atic Republics, Austria, perhaps, and some of the South friendship between two countries having the most import- American States. With Spain and Portugal, the princiant common interests, political and commercial-an ar- pal wine-growing countries after France, we have no such rangement marked by these features cannot, I trust, fail stipulations. Of the countries above enumerated, none to be satisfactory, and to justify the responsibility which, produce wine, unless the small quantity made in the Rhenunder the discretionary powers the President has been ish provinces of Prussia should be thought to make it an pleased to confide to me, I have not hesitated to assume, exception. both in the progress and termination of this complex negotiation.

I have the honor to be,
With great respect,

Your most obedient servant,
W. C. RIVES.

To the Hon. EDWARD LIVINGSTON,

Secretary of State.

Mr. Rives to Mr. Livingston.

It is with that country only, then, that any question could, by possibility, arise respecting our agreement to reduce the duties on French wines. Conceding even that the stipulation of equal treatment for her productions would oblige us to extend to her, without any equivalent whatever, a reduction of duties granted for a special and valuable consideration to another Power, and also that the wines of her provinces are, in the language of the treaty with her, like (mêmes) articles with the wines, so peculiar and distinct, of France, her reclamations, if any should be made, (which is highly improbable,) might be satisfied by a correspondent reduction of duties on the wines of [No. 78.] PARIS, September 28, 1831. the Prussian provinces on the Rhine, without giving to SIR: It has occurred to me that it might not be alto France, in the terms of the stipulation made with her, a gether without utility to furnish you some additional ex-right to call for a further reduction of duties on French planations respecting a clause of the seventh article of the treaty concluded with this Government on the 4th of July last. That article, after providing for a reduction of the duties on French wines to the rates therein specified, for a term of ten years, adds, "that the proportion existing between the duties on French wines thus reduced, and the general rates of the tariff which went into operation on the 1st January, 1829, shall be maintained in case the Government of the United States should think proper to diminish those general rates in a new tariff."

The Minister of Foreign Affairs insisted on this addition as a sine qua non of the execution of the treaty.

He said that, without it, the stipulation to reduce the duties on French wines would be perfectly nugatory, as the United States might immediately, after reducing the duties on French wines to the rates agreed upon, make a very large reduction in the duties on the wines of other countries; and thus place the wines of France, relatively

VOL. IX. P p

wines; for it is only in case the Government of the United States should diminish the "general rates" of the tariff in foreign wines, that France would be entitled to a further proportional reduction on hers.

I have thought it proper to furnish you these explanations, (which the numerous other matters crowding upon my attention, at the time of sending the treaty, prevented me from then communicating,) not because I suppose them to be absolutely necessary, but ex abundanti cautela, and with a desire to possess you of every circumstance which might, by possibility, be deemed useful in estimating its provisions.

I have the honor to be,
With great respect,

Your most obedient servant,
W. C. RIVES.

To the Hon. EDWARD LIVINGSTON,

Secretary of State.

LAWS OF THE UNITED STATES,

OF

A PUBLIC NATURE,

PASSED AT THE SECOND SESSION OF THE TWENTY-SECOND CONGRESS, WHICH WAS BEGUN AND HELD AT THE CITY
OF WASHINGTON, IN THE DISTRICT OF COLUMBIA, ON MONDAY, THE THIRD DAY OF DECEMBER, ONE THOUSAND
THE THIRD DAY OF MARCH, ONE THOUSAND EIGHT HUN-
EIGHT HUNDRED AND TRIRTY-TWO, AND ENDING ON
DRED AND THIRTY-THREE.

1

An act making appropriations, in part, for the support of Government for the year one thousand eight hundred and thirty-three, and for certain expenditures of the year one thousand eight hundred and thirty-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any unappropriated money

in the Treasury, viz:

For pay and mileage of the members of Congress and delegates, three hundred and seven thousand nine hun. dred and sixty eight dollars.

For pay of the officers and clerks of both Houses, thir. ty-four thousand three hundred dollars.

For stationery, fuel, printing, and all other incidental and contingent expenses of the Senate, twenty-five thou sand six hundred dollars.

For stationery, fuel, printing, and all other incidental and contingent expenses of the House of Representatives, one hundred thousand dollars.

pay.

The said two sums last named to be applied to the ment of the ordinary expenditures of the Senate and House of Representatives, severally, and to no other pur pose. And no part of this appropriation shall be applied to any printing other than of such documents or papers as are connected with the ordinary proceedings of either of the said Houses, ordered during its session, and executed by the public printer, agreeably to his contracts, excepting such as may have been ordered by the Joint Committee for preparing a digest of laws for the District of Columbia, or such printing and books as have hereto fore been ordered by the House.

For defraying the expenses of the several courts of the United States; also, for jurors and witnesses, and for de fraying the expenses of suits in which the United States are concerned, and of prosecution for offences committed against the United States, and for the safe keeping of prisoners, during the year one thousand eight hundred and thirty-two, in addition to the sum heretofore appro priated for those purposes, the further sum of fifty-one thousand six hundred and fifty-five dollars. Approved: January 14, 1833.

An act making appropriations for the Revolutionary and other pensioners of the United States for the year one thousand eight hundred and thirty-three.

For the invalid pensions, in addition to the sum of two hundred and one thousand nine hundred and forty-two dollars in the Treasury, ninety-eight thousand seven hundred and thirty-two dollars.

For pensions to widows and orphans, five thousand five hundred dollars.

Approved: January 14, 1833.

An act making appropriations for carrying on the Fortifications of the United States during the year one thousand eight hundred and thirty-three.

Be it enacted, &c. That the following sums be appropriated to the several objects hereinafter named specifically, to be paid out of any money in the Treasury not otherwise appropriated.

For the preservation of Castle Island, and repair of Fort Independence, Massachusetts, in addition to the sum here. tofore appropriated, seventeen thousand dollars.

For Fort Adams, Newport harbor, one hundred thousand dollars.

For repairing Fort Columbus, and Castle Williams, New
York, fifty thousand dollars.

For Fort Monroe, Virginia, forty-six thousand dollars.
For Fort Calhoun, Virginia, seventy-five thousand dollars.
For completing the works at Oak Island, North Caro-
lina, twenty-two thousand nine hundred dollars.
For the fortifications in the harbor of Charleston, South
Carolina, seventy-five thousand dollars.

For the Fort at Cockspur Island, Georgia, seventy-five thousand dollars.

For the completion of the fortifications at Pensacola,
Florida, one hundred and thirty-two thousand dollars.
For completing the Fort at Mobile Point, Alabama, fifty
thousand dollars.

For contingencies of fortifications, ten thousand dollars.
Approved: January 14, 1833,

An act to establish a land office in the Territory of Michigan.

Be it enacted, &c That all that part of the Territory of Michigan, which is comprehended within the following bonndaries, shall, from and after the passage of this act, constitute one land district for the sale and entry of the public lands, viz: lying between the third and fourth the principal meridian, except so much thereof as lies ranges of townships south of the base line and east of north of the river Huron of Lake Erie; and also, the first, second, third, fourth, fifth, and sixth ranges of townships south of said base line, and west of said principal meridi. an. And there is hereby established a land office within the same, to be located at such place as the President, his discretion, shall think proper to designate. Sec. 2. And be it further enacted, That there shall be appointed by the President, by and with the advice and consent of the Senate, under the existing laws, a Register and Receiver in and for said District, whose compensation shall be the same as provided for other Regis.

Be it enacted, &c. That the following sums be appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the pensioners of the United States for the year one thousand eight hundred and thir-in ty-three:

For the revolutionary pensioners under the several acts prior to that of the seventh June, one thousand eight hundred and thirty-two, six hundred and twenty-four thousand six hundred and eighty-five dollars, in addition to an unexpended balance of three hundred and six thou-ters and Receivers. sand five hundred and forty dollars.

VOL. IX.--al

Approved: January 30, 1833.