Ports, other than those belonging to the Dominions of His Most Faith-` ful Majesty. III. No higher duties shall be paid on Articles, the growth, produce, or manufacture of Portugal, or such of her Colonies as Vessels of The United States shall be allowed freely to trade with, being imported into The United States in Vessels belonging to Portugal or her Colonies, as aforesaid, than would be paid ou similar Articles imported into The United States, in Vessels of The United States. Nor shall any higher duties be paid on Articles, the growth, produce, or manufacture of The United States, being imported into Portugal or her Colonies, as aforesaid, in Vessels of The United States, than would be paid on similar Articles imported in Vessels of Portugal or her Colonies, into the Ports of Portugal. IV. It shall be free for each of the two Contracting Parties, respectively, to appoint Consuls for the protection of Trade, to reside in the Dominions and Territories of the other Party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and it is hereby declared, that, in case of illegal or improper conduct towards the Laws of the Government of the Country to which he is sent, such Consul may be punished according to Law, if the Laws will reach the case, the offended Government assigning to the other the reasons for the same. (38.)-General Dearborn to the Secretary of State. (Extract.) Lisbon, January 26, 1824. SINCE the date of my Letter of the 27th November, in which I have the honour of enclosing a sketch of a short Convention, as proposed by the Marquis de Palmella, I have heard nothing from him on the subject; and, under existing circumstances, I have not deemed it expedient to press the subject any further, or to attempt to refresh his memory; being fully satisfied that, whatever might have been his own views, he has found such insurmountable obstacles to carry them into practical effect, as have compelled him to be silent. I am fully convinced that there remains no probability of effecting any satisfactory arrangement with this Government at present. Hon. J. Q. Adams. (Extract.) HENRY DEARBORN. (39.)—General Dearborn to the Secretary of State. Lisbon, March 4, 1824. I HAVE received no intimation from the Marquis de Palmella, in relation to the proposed Convention, since the date of the last letter I had the honour of writing to you; nor is it probable I shall; of course I am quite at leisure. I have not yet received the Copies of the regulations of the Custom Houses of Portugal, and her Colonies, which I had expected to receive as early as the 1st of December. I am now anxiously looking for the President's permission to return home, as early as I proposed in my former Letters. Hon. J. Q. Adams. HENRY DEARBORN. CORRESPONDENCE between The United States and France, relative to Claims of Citizens of The United States for Spoliations upon their lawful Commerce. 1816 to 1823.* (230.)--Mr. Gallatin to the Secretary of State. (Extract.) Paris, September 8, 1822. I HAD, on the 17th ultimo, written to Viscount Montmorency, and again on the 31st to M. de Villèle, on the subject of our reclamations, only to remind them, that the late Convention [signed at Washington, 24th June,] had removed the sole cause assigned for delay. I received, last night, M. de Villèle's Note of the 3d, of which a Copy is enclosed. Hon. J. Q. Adams. ALBERT GALLATIN. (Enclosure 1.)-Mr. Gallatin to M. de Montmorency. Paris, 17th August, 1822. I BEG leave to call again your Excellency's attention to the American Claims, for sequestrations and spoliations. The cause assigned by your Excellency, in your Letter of the 1st of June last, for suspending their consideration, being happily removed by the late Commercial Arrangement, I trust that no further delay will take place, and that, in conformity with the tenor of that Letter, your Excellency will be pleased to bring that important subject before the King's Council. I request your Excellency to accept, &c. H. E. M. de Montmorency. ALBERT GALLATIN. (Enclosure 2.)—Mr. Gallatin to M. de Villèle.-(Translation.) (Extract.) Paris, August 31, 1822. PERMIT me to remind your Excellency, that the three last Letters which I had the honour of addressing to His Excellency the Viscount de Montmorency, are still unanswered. The first, under the date of the 17th current, had for its object the different Claims of Citizens of The United States. The second, of the 20th, contained my observations on the Project of an Ordinance, necessary that the execution of the Convention of 24th June may commence on the Ist * Laid before the Congress of The United States 2d February, 1824. of October next. The last, of the 27th, remonstrated against the conduct pursued by the Local Authorities, in regard to the American Vessel the "General Hamilton," thrown upon the Coast, near Montreuil on the Sea. I eagerly seize this occasion to beg your Excellency, &c. H. E. M. de Villèle. ALBERT GALLATIN. (Enclosure 3.)-M. de Villèle to Mr. Gallatin.-(Translation.) Paris, September 3, 1822. SIR, You did me the honour, on the 31st of August last, to remind me of several American claims, of which you had formerly apprized the Viscount de Montmorency. It is necessary for me to collect some documents respecting this affair, in order to judge of what consequences they may be susceptible. Be pleased to believe, Sir, that I shall attend to them with a good deal of interest and attention. Accept, Sir, the assurances, &c. Mr. Gallatin. JH. DE VILLELE. (233.)—Mr. Gallatin to the Secretary of State. (Extract.) Paris, 24th September, 1822. *I HAD yesterday a conference with M. de Villèle, on the subject of our Claims. He expressed his wish that a general arrangement might take place, embracing all the subjects of discussion between the two Countries; stated those to be, the reclamations of The United States for spoliations on their Trade, those of France on account of Beaumarchais' Claim, and of the Vessels captured on the Coast of Africa, and the question arising under the Louisiana Treaty; and asked, whether I was prepared to negotiate upon all those points? I answered that I was ready to discuss them all, but that I must object to uniting the Louisiana question to that of Claims for Indemnity, as they were essentially distinct; and, as I thought that, after all that had passed, we had a right to expect that no further obstacle should be thrown in the discussion of our Claims, by connecting it with subjects foreign to them. Hon. J. Q. Adams. (Extract.) ALBERT GALLATIN. (236.)-Mr. Gallatin to the Secretary of State. Paris, 13th November, 1822. I RECEIVED, On the 8th instant, a Letter from M. de Villèle, of the 6th, a copy of which is enclosed, together with that of my answer of the 12th. Hon. J. Q. Adams. ALBERT GALLATIN. SIR, (Enclosure 1.)-M. de Villèle to Mr. Gallatin.-(Translation.) Paris, 6th November, 1822. THE Convention concluded at Washington, on the 24th of June last, has removed the obstacles which have, momentarily, impeded the relations of Commerce between France and The United States. Although this Convention is only temporary, it holds out the expectation of a Treaty more extensive and more durable. It has left leisure proper for discussing and establishing this Treaty, upon bases the most conformable to the interests of the two States. Already the communications are re-opened, on both sides, on the most aniicable footing: His Majesty has seen, with satisfaction, this happy effect of the arrangement concluded in his name, and in that of The United States. If any partial difficulties still remain to be removed, they will be easily arranged between two Powers, who sincerely wish to establish their relations upon the most perfect equity. In this spirit of reciprocal justice, I have received the Claims which you have done me the honour to transmit to me; and, without prejudging any thing in their regard, I must, first of all, Sir, remark to you, that France has also Claims pending, or to be produced, to the Government of The United States. It would appear agreeable to the interest of the two Parties, and to the reciprocity of justice, and of protection, to which the Subjects of the two States have equally a right, that these affairs should be examined and arranged, unanimously, by way of Negotiation. His Majesty's intention would be, that these Claims, and the other points in dispute, upon which the Convention of 24th June has not been able to pronounce, should be the object of this Negotiation, în order to terminate simultaneously, and in a definitive manner, every dispute between the two States, especially in what concerns the duties received in Louisiana, on the French commerce, contrary to the tenor of the 8th Article of the Treaty of Cession. You will only perceive, Sir, in this intention of His Majesty, the most firm desire of leaving, in future, no cause or pretext of misunderstanding, or of complaints between the two States, and on the part of their respective Subjects. If you are authorized, Sir, to follow this march, I pray you let me know, and I will hasten to demand of the King the necessary powers to a Negotiator, charged with treating with you. If you are also authorized to sign a Consular Convention, the same Plenipotentiary would receive powers, ad hoc, for also pursuing the Negotiation. Accept, Sir, the assurance of the high consideration, &c. Mr. Gallatin. JH. DE VILLELE. SIR, (Enclosure 2.)—Mr. Gallatin to M. de Villèle. Paris, 12th November, 1822. I HAD the honour to receive your Excellency's Letter of 6th instant. I have special powers to negotiate a Convention providing for the just Claims of Citizens of The United States against France; as also, for the like Claims of French Subjects against The United States, with such Person or Persons as may have a like authority from His Most Christian Majesty. As Minister of The United States, I am authorized to discuss the question respecting the construction of the 8th Article of the Lousiana Treaty, and to give and receive explanations on that subject. But the Negotiation on that point having been transferred to Washington, no special powers in that respect have been transmitted to me. I had understood, in the course of the conference I had the honour to have with your Excellency on the 23d of September, and had accordingly written to my Government, that it was not intended to insist that that subject should be blended with that of private Claims. It is indeed, obvious, that it would be utterly unjust to make the admission of these to depend on the result of a Negotiation, on a subject with which they have no connection whatever, and the difficulties respecting which are of a date posterior to that of the claims. All the representations which His Majesty's Government has made to that of The United States, whether on private or on publick subjects. have uniformly been taken into consideration, and received that attention to which they were so justly entitled. In no instance has the Government of The United States declined to open a discussion on any subject thus offered to their consideration by France, or made it a preliminary condition that the discussion should also embrace some other subject in which they might happen to take a greater interest. The question respecting the 8th Article of the Louisiana Treaty has in particular been the subject of a voluminous Correspondence, in the course of which the arguments in support of the construction insisted on by each Party, respectively, were made known to the other. I have, the mean while, for 6 Years, made unceasing applications to His Majesty's Government for the settlement of Claims to a vast amount, affecting the interest of numerous Individuals, and arising from fagrant violations of the Law of Nations, and of the rights of The United States, without having ever been able to obtain to this day satisfaction in a single instance, or even that the subject should be taken into consideration and discussed. After so many vexatious delays, for which different causes have at different times been assigned, it cannot now be intended again to postpone the investigation of that subject, by insist ing that it should be treated in connection with one foreign to it, and which has already been discussed. The United States have, at least, the right to ask that their demands should also be examined and dis |