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sieur Polignac, in May, 1830, had chiefly in view a reduc

Mr. Rives to Mr. Livingston. tion of the duty on wines in cask. But the Minister of Fo. reign 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 bad (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., I had every reason, therefore, to be content with the is twenty-eight and a half millions of francs. In regard to equalization of the duties on the long staple and short the adequacy of this sum to pay the just claims of our citistaple cottons of the United States, operating a reduction zens, I have already had the honor to refer to the despatch of one-half of the duties now imposed on the former; es of Mr. Gallatin of the 14th of January, 1822, and beg leave pecially as the real motive of the stipulated reduction of here to cite the passage of it which relates to this subject. duties on French wines in the United States was not to “ Although I have enumerated all the cases within my obtain commercial advantages, but to get rid of a claim of knowledge, where actual condemnation had not taken perpetual privileges, founded on the language of a treaty place, I must add that it is possible that some vessels capwhich had heretofore proved an invincible obstacle to the tured, and probably that some burnt at sea whilst the just reclamations of our citizens, and might be most one- Berlin and Milan decrees were in force, have not yet rous and embarrassing for the future.

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 dol. issue 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 tha: 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 estielection.

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.” 230,) I returned to the Office of Foreign Affairs, for the If the opinion here expressed be correct, and certainly purpose of consulting with Baron Deffandis (on whom the none enjoys, or is entitled to more respect, the sum stireduction of the contre projet devolved) in relation to pulated to be paid by the French Government will be several points of it; on which, for the most part, we amply sufficient to satisfy all the just claims of our citizens agreed. He promised, as soon as the contre projet should of every description, comprehended in the scope of the have been approved by the council, to send it to me for negotiation. examination. On the 26th instant, I received it, and have The schedules founded on statements of the claimants, now the honor to enclose a copy. Yesterday I called on which have from time to time been presented to Congress, the Minister of Foreign Affairs, and proposed some slight carry the amount of the claims much higher; but, for alterations in it, most of which were readily acceded to. obvious reasons, they are not a safe guide either in regard Some few points of expression only remain to be further to the validity or the amount of the

claims. During the considered. In a few days more, I have every reason to past winter, I put these schedules into the hands of a inost hope that the matter will be definitively consummated by intelligent countryman, whose practical acquaintance with the signature of the treaty.

such subjects, and a personal knowledge of many of the I have the honor to be,

transactions themselves, derived from a residence in EuWith great respect,

rope at the time, gave particular value to his opinion. He Your most obedient servant, communicated to me the result of his examination in a W. C. RIVES. letter, a copy of which, as showing the large deductions

to be made from the schedules, and as containing other To the Hon. EDWARD LIVINGSTON,

observations which may be found useful in the ultimate Secrelary of State.

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 de. Gallatin, 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, bave 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 bas 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 ne It is with that country only, then, that any question gotiation.

could, by possibility, arise respecting our agreement to I have the honor to be,

reduce the duties on French wines. Conceding even that With great respect,

the stipulation of equal treatment for her productions Your most obedient servant,

would oblige us to extend to her, without any equivalent W. C. RIVES.

whatever, a reduction of duties granted for a special and To the Hon. EDWARD LIVINGSTON,

valuable consideration to another Power, and also that the Secretary of State.

wines of her provinces are, in the language of the treaty with her, like (mêmes) articles with the wines, so pecu

liar and distinct, of France, her reclamations, if any should Mr. Rives to Mr. Livingston.

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 wines; for it is only in case the Government of the United treaty concluded with this Government on the 4th of July States should diminish the “general rates” of the tariff in last.' That article, after providing for a reduction of the foreign wines, that France would be entitled to a further duties on French wines to the rates therein specified, for proportional reduction on hers. a term of ten years, adds, “that the proportion existing I have thought it proper to furnish you these explanabetween the duties on French wines thus reduced, and tions, (which the numerous other matters crowding upon the general rates of the tariff which went into operation my attention, at the time of sending the treaty, preventon the 1st January, 1829, shall be maintained in case the ed me from then communicating,) not because I suppose Government of the United States should think proper to them to be absolutely necessary, but ex abundanti cautela, diminish those general rates in a new tariff.”

and with a desire to possess you of every circumstance The Minister of Foreign Affairs insisted on this addition which might, by possibility, be deemed useful in estias a sine qua non of the execution of the treaty.

mating its provisions. He said that, without it, the stipulation to reduce the I have the honor to be, duties on French wines would be perfectly nugatory, as

With great respect, the United States might immediately, after reducing the

Your most obedient servant, duties on French wines to the rates agreed upon, make a

W. C. Rives. very large reduction in the duties on the wines of other To the Hon. EDWARD Livingston, countries; and thus place the wines of France, relatively

Secretary of State.
Vol. IX. PP






An act making appropriations, in part, for the support of For the invalid pensions, in addition to the sum of two

Government for the ye:r one thousand eight hundred hundred and one thousand nine hundred and forty-two and thirty-three, and for certain expenditures of the dollars in the Treasury, ninety-eight thousand seven hunyear one thousand eight hundred and thirty-two. dred and thirty-two dollars. Be it enacted by the Senate and House of Representatives For pensions to widows and orphans, five thousand five of the United States of America in Congress assembled, hundred dollars. That the following sums be, and the same are hereby, ap

Approved : January 14, 1833. propriated, to be paid out of any urrappropriated money in the Treasury, viz :

An act making appropriations for carrying on the FortifiFor pay and mileage of the members of Congress and

cations of the United States during the year one thoudelegates, ibree hundred and seven thousand nine hun. sand eight hundred and thirty-three. dred and sixty eight dollars.

Be it inacted, &c. That the following sums be approFor pay of the officers and clerks of both Houses, thir. priated to the several objects hereinafter named specifity-four thousand iliree hundred dollars.

cally, to be paid out of any money in the Treasury not For stationery, fuel, printing, and all other incidental otherwise appropriated. and contingent expenses of the Senate, twenty-five thou.

For the preservation of Castle Island, and repair of Fort sand six hundred dollars.

Independence, Massachusetts, in addition to the sum here. For stationery, fuel, printing, and all other incidental tofore appropriatec, seventeen thousand dollars. and contingent expenses of the House of Representatives,

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

sand dollars. The said two sums last named to be applied to the

For repairing Fort Columbus, and Castle Williams, New

pay: ment of the ordinary expenditures of the Senate and York, fifty thousand dollars. House of Representatives, severally, and to no other pur

For Fort Monroe, Virginia, forty.six thousand dollars. pose. And no part of this appropriation shall be applied

For Fort Calhoun, Virginia, seventy-five thousand dollars. to any printing other than of such documents or papers

For completing the works at Oak Island, North Caroas are connected with the ordinary proceedings of either lina, twenty-two thousand nine hundred dollars. of the said Houses, ordered during its session, and exe.

For the fortifications in the harbor of Charleston, South cited by the public printer, agreeably to his contracts, Carolina, seventy-five thousand dollars. excepting such as may have been ordered by the Joint

For the Fort at Cockspur Island, Georgia, seventy-five Committee for preparing a digest of laws for the District thousand dollars. of Columbia, or such printing and books as have hereto.

For the completion of the fortifications at Pensacola, fore been ordered by the blouse.

Florida, one hundred and thirty-two thousand dollars. For defraying the expenses of the several courts of the For completing the Fort at Mobile Point, Alabama, fifty United States ; also, for jurors and witnesses, and for de

thousand dollars. fraying the expenses of suits in which the United States For contingencies of fortifications, ten thousand dollars. are concerned, and of prosecution for offences committed Approred: January 14, 1833, against the United States, and for the safe keeping of prisoners, during the year one thousand eight hundred An act to establish a land office in the Territory of Michigan. and thirty-two, in addition to the sum heretofore appro. Be il enacted, &c That all that part of the Territory of priated for those purposes, the further sum of Michigan, which is comprehended within the following thousand six hundred and filty-five dollars.

bonndaries, shall, from and after the passage of this act, Approved : January 14, 1833.

constitute one land district for the sale and entry of the

public lands, viz: lying between the third and fourth An act making appropriations for the Revolutionary and ranges of townships south of the base line and east of other pensioners of the United States for the year one north of the river Huron of Lake Erie; and also, the first,

the principal meridian, except so much thereof as lies thousand eight hundred and thiriy-three.

second, third, fourth, fifth, and sixth ranges of townships Be it enacted, &c. That the following sums be appro- south of said base line, and west of said principal meridi. priated, to be paid out of any money in the Treasury not And there is liereby established a land office within otherwise appropriated, for ille pensioners of the United the same, to be located at such place as the President, States for the year one thousand eight hundred and thir- in his discretion, shall think proper to designate. ty-three:

Sec. 2. And be it further enacted, That there shall be For the revolutionary pensioners under the several acts appointed by the President, by and with the advice and prior to that of the seventh June, one thousand eight consent of the Senate, under the existing laws, a Regishundred and thiriy-two, six hundred and twenty-four ter and Receiver in and for said District, whose comthousand six hundred and cighty-five dollars, in addition pensation shall be the same as provided for other Regis. to an unexpended balance of three hundred and six thou-ters and Receivers. sand five hundred and forty dollars.

Approved: January 30, 1833.
Vol. IX.--



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AN ACT to explain

an act, entitled “An act to reduce AN ACT to amend an act, entitled "An act supplethe duties on Coffee, Tea, and Cocoa," passed the mentary to the act for the relief of certain surviving twentieth of May, one thousand eight hundred and officers and soldiers of the revolution." thirty.

Be it enacled, &c. That the second section of the act, Be it enacted, &c. That in all cases in which the im- entitled “ An act supplementary to the act for the relief porters of Coffee or Cocoa, which remained in the Custom of certain surviving officers and soldiers of the revoluHouse stores under the bond of the Importer,on the thirty- tion," approved the seventh day of June, one thousand first day of December, one thousand eight hundred and eght hundred and thirty-two, shall not be construed to thirty, shall have paid on the same a greater amount of embrace invalid pensioners; and that the pensions of induty than is imposed by the act passed on the twentieth valid soldiers shall not be deducted from the amount reday of May, one thousand eight hundred and thirty, oh ceivable by them under the said act. Coffee or Cocoa, imported after the thirty-first day of Approved : February 19, 1833. December, one thousand eight hundred and thirty, the Secretary of the Treasury is directed to refund, out of AN ACT for the further improvement of Pennsylvania any money in the Treasury not otherwise appropriated,

Avenue. to such importer the amount of such excess so col Be it enacted, &c. That the Commissioner of the Public lected.

Buildings be, and is hereby, authorized and directed to Sec. 2. And be it further enacled, That, in all cases in alter the plan for the improvement of Pennsylvania which the Importers of Coffee, Tea, or Cocoa, which

avenue, as provided for by an act passed the twentyremained in the Custom House stores, on the thirty-first fifth day of May, one thousand eight hundred and thirtyday of December, one thousand eight hundred and thirty

two, by causing that portion of the avenue lying between one, under the control of the proper officer of the Cus. the road directed to be Macadamized and the side pave. toms, shall have been compelled to pay on the same a ments, to be graduated and covered with stone, on the greater amount of duty than is imposed by said act, on

Macadam's plan, in place of gravel, provided for by said Coffee, Tea, or Cocoa, imported after the thirty-first day act ; also by extending the foot pavements not less than of December, one thousand eight hundred and, five and a half feet on each side, and forming side drains, the Secretary of the Treasury is directed to refund, out

not less than four and a balf feet wide ; and further, by of any money in the Treasury not otherwise appropria- setting a line of curbs of granite, eight inches thick, on ted, to such Importers, the amount of such excess each side of that part of ihe avenue between the Capitol collected,

square and the President's square, with suitable returns Approved: February 9, 1833.

at the cross streets, and Macadamizing the cross streets

fifty feet on each side of the Macadamized cover of the AN ACT to amend an act, entitled “ An act to alter and amend an act to set apart and dispose o! certain public

Sec. 2. And be it further enacted, That, to carry into

effect the provisions of this act, the sum of sixty-nine lands for the encouragement of ihe cultivation of the

thousand six hundred and thirty dollars be, and the same vine and olive ;" approved nineteenth February, one

is hereby appropriated, to be paid out of any money ius thousand eight hundred and thirty one.

the Treasury not otherwise appropriated. Be it enacted, &c. That all persons who became en:itled Approved : February 19, 1853. to an allotment of land under the contract recited in the first section of the act to which this is an amendment, | AN ACT for the payment for horses and arms lost in their heirs, devisees, or assigns, who, on or before the the military service of the United States against the thirty-first day of October, in the year eighteen hundred Indians on the frontiers of Illinois and the Michigan and ihirty-two, were in the actual occupancy and culii. Territory. vation of the same, or any part thereof, shall, on paying Be it enacled, &c. That any mounted militiaman or vointo the Treasury one dollar and twenty five cents the lunteer whilst in the service of the United States, in the acre previous to the fifteenth of May, one thousand eight late expeditions against the Indians, on the frontiers of hundred and thirty-four, receive a patent for his or her Illinois and the Territory of Michigan, who sustained daallotment or purchase : Provided, the Register of the

mage by the loss of any hor:e which was killed in battle, Land Office for the District in which the lands lie, shall

or died in consequence of a wounu received therein, or be satisfied of the validity of the purchase.

in consequence of a failure on the part of the United Sec. 2. And be it further enacted, That all persons in Sla es, lo furnish such horse with sufficient forage whilst actual settlement and cultivation, before or on the thirty; in the service, or in conseqence of the owner being disfirst day of October, one thousand eight hundred and

mounted, or separated and detached from the same, by thirty one, upon any of the lands referred to by the act

order of the commanding officer, or in consequenee of to which this is an amendment, and not disposed of by the rider being killed or wounded in battle, shall be althe first section of this act, or any former act of Con lowed and paid the value of such horse at the time, of gress, sball, on proof of such settlement and cultivation, going into service : Provided, Such loss wis not the reand on paying into the Treasury of the United States, sult of negligence on the part of the owner; the time within six months after the passage of this act, one dollar employed in going to the place of rendezvous, and reand twenty five cents per acre, receive a patent for one turning home after being discharged, to be taken and hundred and sixty acres : Provided, That nothing in this considered as actual service. act shall be so construed as to alter or repeal the third Sec. 2. And be it further enacted, That any person in section of the above recited act.

the aforesaid service of the United States, as a volunteer Sec. 3. And be it further enacted, That so much of the

or drafted militaman, who furnished himself with arms act of which this is an amendment as requires that pay- and military accoutrements, and has sustained loss by ment shall be made previous to the third of March, eigh the capture or destruction of the same, without fault or teen hundred and thirty-three, be, and the same is hereby, negligence on his part, shall be allowed and paid the extended to the fifteenth of May, one thousand eight value thereof. hundred and thirty-four.

Sec. 2. And be it further enqcled, That all claims Approved : February 19, 1833.

arising under this act shall be examinerl, allowed, and

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