Special Messages.

WASHINGTON, December 4, 1834.

To the Senate and House of Representatives:

I transmit to Congress a communication addressed to me by M. George Washington Lafayette, accompanying a copy of the Declaration of Independence engraved on copper, which his illustrious father bequeathed to Congress to be placed in their library as a last tribute of respect, patriotic love, and affection for his adopted country.

I have a mournful satisfaction in transmitting this precious bequest of that great and good man who through a long life, under many vicissitudes and in both hemispheres, sustained the principles of civil liberty asserted in that memorable Declaration, and who from his youth to the last moment of his life cherished for our beloved country the most generous attachment.

ANDREW JACKSON.

The bequest accompanies the message to the House of Representatives.

A.J.

PARIS, June 15, 1834.

SIR: A great misfortune has given me more than one solemn and important duty to fulfill, and the ardent desire of accomplishing with fidelity my father’s last will emboldens me to claim the patronage of the President of the United States and his benevolent intervention when I am obliged respectfully and mournfully to address the Senate and Representatives of a whole nation.

Our forever beloved parent possessed a copper plate on which was inscribed the first engraved copy of the American Declaration of Independence, and his last intention in departing this world was that the precious plate should be presented to the Congress of the United States, to be deposited in their library as a last tribute of respect, patriotic love, and affection for his adopted country.

Will it be permitted to me, a faithful disciple of that American school whose principles are so admirably exposed in that immortal Declaration, to hope that you, sir, would do me the honor to communicate this letter to both Houses of Congress at the same time that in the name of his afflicted family you would present to them my venerated father’s gift?

In craving such an important favor, sir, the son of General Lafayette, the adoptedgrandson of Washington, knows and shall never forget that he would become unworthy of it if he was ever to cease to be a French and American patriot.

With the utmost respect, I am sir, your devoted and obedient servant,

GEORGE W. LAFAYETTE.

WASHINGTON, December 10, 1834.

To the Senate and House of Representatives of the United States:

The joint resolutions of Congress unanimously expressing their sensibility on the intelligence of the death of General Lafayette were communicated, in compliance with their will, to George Washington Lafayette and the other members of the family of that illustrious man. By their request I now present the heartfelt acknowledgments of the surviving descendants of our beloved friend for that highly valued proof of the sympathy of the United States.

ANDREW JACKSON.

WASHINGTON, June 27, 1834.

GEORGE WASHINGTON LAFAYETTE AND THE OTHER MEMBERS OF THE FAMILY OF THE LATE GENERAL LAFAYETTE:

In compliance with the will of Congress, I transmit to you the joint resolutions of the two Houses unanimously expressing the sensibility with which they received the intelligence of the death of " General Lafayette, the friend of the United States, the friend of Washington, and the friend of liberty;" and I also assure you of the condolence of this whole nation in the irreparable bereavement which by that event you have sustained.

In complying with the request of Congress I can not omit the occasion of offering you my own condolence in the great loss you have sustained, and of expressing my admiration of the eminent virtues of the distinguished patriot whom it has pleased Providence to remove to his high reward.

I also pray you to be persuaded that your individual welfare and prosperity will always be with me objects of that solicitude which the illustrious services of the great friend and benefactor of my country are calculated to awaken.

ANDREW JACKSON,

President of the United States.

RESOLUTION manifesting the sensibility of the two Houses of Congress and of the nation on the occasion of the decease of General Lafayette.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the two Houses of Congress have received with the profoundest sensibility intelligence of the death of General Lafayette, the friend of the United States, the friend of Washington, and the friend of liberty.

And be it further resolved, That the sacrifices and efforts of this illustrious person in the cause of our country during her struggle for independence, and the affectionate interest which he has at all times manifested for the success of her political institutions, claim from the Government and people of the United States an expression of condolence for his loss, veneration for his virtues, and gratitude for his services.

And be it further resolved, That the President of the United States be requested to address, together with a copy of the above resolutions, a letter to George Washington Lafayette and the other members of his family, assuring them of the condolence of this whole nation in their irreparable bereavement.

And be further resolved, That the members of the two Houses of Congress will wear a badge of mourning for thirty days, and that it be recommended to the people of the United States to wear a similar badge for the same period.

And be it further resolved, That the halls of the Houses be dressed in mourning for the residue of the session.

And be it further resolved, That John Quincy Adams be requested to deliver an oration on the life and character of General Lafayette before the two Houses of Congress at the next session.

JNO. BELL,

Speaker of the House of Representatives.

M. VAN BUREN,

Vice-President of the United States and President of the Senate.


Approved, June 26, 1834.

ANDREW JACKSON.

LA GRANGE, October 21, 1834.

SIR: The resolution of Congress communicated to me by your honored favor of the 27th of June, that glorious testimony of American national affection for my beloved and venerated father, has been received by his family with the deepest sense of the most respectful and, give me leave to say, filial gratitude.

And now, sir, that we experience the benefits of such a high and soothing sympathy, we find ourselves called to the honor of addressing to the people and Congress of the United States our heartfelt and dutiful thanks.

Sir, you were the friend of my father, and the kind letter which accompanied the precious message seems to be for us a sufficient authorization to our claiming once more your honorable assistance for the accomplishment of a duty dear to our hearts. We most fervently wish that the homage of our everlasting devotion to a nation whose tears have deigned to mingle with ours should be offered to both Houses of Congress. Transmitted by you, sir, that homage shall be rendered acceptable, and we earnestly pray you, sir, to present it in our name. Our gratitude shall be forever adequate to the obligation.

The resolution which so powerfully honors my father’s memory shall be deposited as a most sacred family property in that room of mourning where once his son and grandsons used to receive with avidity from him lessons of patriotism and active love of liberty. There the daily contemplation of it will more and more impress their minds with that encouraging conviction that the affection and esteem of a free nation is the most desirable reward that can be obtained on earth.

With the utmost respect, sir, I have the honor to be, your devoted and obedient servant,

GEORGE W. LAFAYETTE.

WASHINGTON, December 12, 1834.

To the House of Representatives:

In compliance with the resolution of the House of Representatives of the 10th instant, calling for any information which the President may possess respecting the burning of the building occupied by the Treasury Department in the year 1833, I transmit herewith the papers containing the inquiry into the cause of that disaster, which was directed and made soon after its occurrence.

Accompanying this inquiry I also transmit a particular report fromMr. McLane, who was then Secretary of the Treasury, stating all the facts relating to the subject which were within the knowledge of the officers of the Department and such losses of records and papers as were ascertained to have been sustained.

ANDREW JACKSON.

To the Senate:

I transmit herewith, for the consideration of the Senate, papers showing the terms on which the united tribes of the Chippewas, Ottawas, and Potawatamies are willing to accede to the amendments contained in the resolution of the Senate of the 22d of May last, ratifying conditionally the treaty which had been concluded with them on the 26th day of September, 1833.

ANDREW JACKSON.

DECEMBER 15, 1834.

WASHINGTON, December 27, 1834.

To the Senate of the United States:

I transmit to the Senate a report from the Secretary of State, together with the papers relative to the execution of the treaty of the 4th of July, 1831 I, between the United States and France, requested by their resolution of the instant.

ANDREW JACKSON.

WASHINGTON, December 27, 1834.

To the House of Representatives of the United States:

I transmit to the House a report from the Secretary of State, together with the papers relating to the refusal of the French Government to make provision for the execution of the treaty between the United States and France concluded on the 4th July, 1831, requested by their resolution of the 24th instant.

ANDREW JACKSON.

DEPARTMENT OF STATE,

Washington,December 27, 1834.

The PRESIDENT OF THE UNITED STATES:

The Secretary of State, to whom has been referred the resolution of the House of Representatives of the 24th instant, requesting the President of the United States "to communicate to the House, if not in his opinion incompatible with the public interest, any communications or correspondence which may have taken place between our minister at Paris and the French Government, or between the minister from France to this Government and the Secretary of State, on the subject of the refusal of the French Government to make provision for the execution of the treaty concluded between the United States and France on the 4th July, 1831," has the honor of reporting to the President copies of the papers desired by that resolution.

It will be perceived that no authority was given to either of the charges d’affaires who succeeded Mr. Rives to enter into any correspondence with the French Government in regard to the merits of the convention, or in relation to its execution,except to urge the prompt delivery of the papers stipulated for in the sixth article and to apprise that Government of the arrangement made for receiving payment of the first installment.

All which is respectfully submitted.

JOHN FORSYTH.

WASHINGTON, January 5, 1835.

To the House of Representatives:

In answer to the resolution of the House of Representatives passed on the 24th ultimo, I transmit a report* from the Secretary of State upon the subject.

*Relating to claims of American citizens upon Mexican Government.

ANDREW JACKSON.

WASHINGTON, January 6, 1835.

To the House of Representatives of the United States:

In answer to a resolution of the House of Representatives passed on the 27th ultimo, I transmit a report made to me by the Secretary of State on the subject; and I have to acquaint the House that the negotiation for the settlement of the northeastern boundary being now in progress, it would, in my opinion, be incompatible with the public interest to lay before the House any communications which have been had between the two Governments since the period alluded to in the resolution.

ANDREW JACKSON.

WASHINGTON, January 13, 1835.

To the House of Representatives:

In compliance with the resolution of the House of the 8th instant, requesting "copies of every circular or letter of instruction emanating from the Treasury or War Departments since the 30th day of June last, and addressed to either the receiving or the disbursing officers stationed in States wherein land offices are established or public works are constructing under the authority of Congress," I transmit herewith reports from the Secretaries of the Treasury and War Departments, containing the information sought for.

ANDREW JACKSON.

WASHINGTON, January 13, 1835.

To the Senate of the United States:

I have received the resolution of the Senate of the 9th instant, requesting me to communicate "a copy of any report made by any director or directors of the Bank of the United States appointed by the Government, purporting to give information to the Executive of certain notes and bills of exchange discounted at the Bank of the United States for account and benefit of George Poindexter, a member of the Senate; also the name or names of such director or directors."

In my replies to the resolutions of the Senate of the 11th December, 1833, and of 12th of June, 1834, the former passed in their legislative and the latter in their executive capacity, I had occasion to state the objections to requests of this nature, and to vindicate in this respect the constitutional rights of the executive department. The views then expressed remain unchanged, and as I think them peculiarly applicable to the present occasion I should feel myself required to decline any reply to the resolution before me were there not reason to apprehend that persons now in nomination before the Senate might possibly by such a course be exposed to improper and injurious imputations.

The resolution of the Senate, standing alone, would seem to be adopted with the view of obtaining information in regard to the transactions which may have been had between a particular member of the Senate and the Bank of the United States. It can, however, scarcely be supposed that such was its object, inasmuch as the Senate have it in their power to obtain any information they may desire on this subject from their own committee, who have been freely allowed, as appears by their published report, to make examinations of the books and proceedings of the bank, peremptorily denied to the Government directors, and not even allowed to the committee of the House of Representatives. It must therefore be presumed that the resolution has reference to some other matter, and on referring to the Executive Journal of the Senate I find therein such proceedings as in my judgment fully to authorize the apprehension stated.

Under these circumstances, and for the purpose of preventing misapprehension and injustice, I think it proper to communicate herewith a copy of the only report made to me by any director or directors of the Bank of the United States appointed by the Government, since the report of the 19th of August, 1833, which is already in the possession of the Senate. It will be perceived that the paper herewith transmitted contains no information whatever as to the discounting of notes or bills of exchange for the account and benefit of the member of the Senate named in their resolution, nor have I at any time received from the Government directors any report purporting to give any such information.

ANDREW JACKSON.

WASHINGTON, January 29, 1835.

To the House of Representatives of the United States:

I transmit to the House of Representatives a report* from the Secretary of State, upon the subject of a resolution of the 22d instant, which was referred to that officer, together with the papers referred to in the said report.

ANDREW JACKSON.

* Relating to Commerce with Cuba and Puerto Rico.

WASHINGTON, January 30, 1835.

To the House of Representatives of the United States:

With reference to the claim of the granddaughters of the Marshal de Rochambeau, and in addition to the papers formerly communicated relating to the same subject, I now transmit to the House of Representatives, for their consideration, a memorial to the Congress of the United States from the Countess d’ Ambrugeac and the Marquise de la Goree, together with the letter which accompanied it. Translations of these documents are also sent.

ANDREW JACKSON.

WASHINGTON, February 6, 1835.

To the House of Representatives:

I submit to Congress a report from the Secretary of War, containing the evidence of certain claims to reservations under the fourteenth article of the treaty of 1830 with the Choctaws, which the locating agent has reserved from sale in conformity with instructions from the President, who did not consider himself authorized to direct their location.

Should Congress consider the claims just, it will be proper to pass a law authorizing their location, or satisfying them in some other way.

ANDREW JACKSON.

WASHINGTON, February 6, 1835.

To the House of Representatives of the United States:

I transmit to the House of Representatives a report of the Secretary of State, accompanied with extracts from certain dispatches received from the minister of the United States at Paris, which are communicated in compliance with a resolution of the House of the 31st ultimo. Being of opinion that the residue of the dispatches of that minister can not at present be laid before the House consistently with the public interest, I decline transmitting them. In doing so, however, I deem proper to state that whenever any communication shall be received exhibiting any change in the condition of the business referred to in the resolution information will be promptly transmitted to Congress.

ANDREW JACKSON.

DEPARTMENT OF STATE,

Washington, February 5, 1835.

The PRESIDENT OF THE UNITED STATES:

The Secretary of State, to whom has been referred the resolution of the House of Representatives of the 31st ultimo, requesting the President "to communicate to that House, if not incompatible with the public interest, any correspondence with the Government of France and any dispatches received from the minister of the United States at Paris, not hitherto communicated to the House, in relation to the failure ofthe French Government to carry into effect any stipulation of the treaty of the 4th day of July, 1831," has the honor to report to the President that as far as is known to the Department no correspondence has taken place with the Government of France since that communicated to the House on the 27th December last. The Secretary is not aware that the dispatches received from the minister of the United States at Paris present any material fact which does not appear in the correspondence already transmitted. He nevertheless incloses so much of those dispatches written subsequently to the commencement of the present session of the French Chambers as may serve to shew the state of the business to which they relate since that time, and also that portion of an early dispatch which contains the substance of the assurances made to him by His Majesty the King of the French at a formal audience granted to him for the purpose of presenting his credentials, and he submits for the President’s consideration whether the residue can consistently with the public interest be now laid before the House.

JOHN FORSYTH.

Mr. Livingston to the Secretary of State of the United States.

[Extracts.]

PARIS, October 4, 1833.

SIR: On Monday I presented my letter of credence to the King, on which occasion I made the address to him a copy of which is inclosed.

His answer was long and earnest. I can not pretend to give you the words of it, but in substance it was a warm expression of his good feeling toward the United States for the hospitality he had received there, etc. * * * "As to the convention," he said, "assure your Government that unavoidable circumstances alone prevented its immediate execution, but it will be faithfully performed. Assure your Government of this," he repeated, "the necessary laws will be passed at the next meeting of the Chambers. I tell you this not only as King, but as an individual whose promise will be fulfilled."

Mr. Livingston to the Secretary of State.

[Extracts.]

PARIS, November 22, 1834.

I do not hope for any decision on our affairs before the middle of January. One motive for delay is an expectation that the message of the President may arrive before the discussion, and that it may contain something to show a strong national feeling on the subject. This is not mere conjecture; I know the fact. And I repeat now from a full knowledge of the case what I have more than once stated in my former dispatches as my firm persuasion, that the moderate tone taken by our Government when the rejection was first known was attributed by some to indifference or to a conviction on the part of the President that he would not be supported in any strong measure by the people, and by others to a consciousness that the convention had given us more than we were entitled to ask.

I saw last night an influential member of the Chamber, who told me that, * * * and that the King had spoken of our affairs and appeared extremely anxious to secure the passage of the law. I mention this as one of the many circumstances which, independent of official assurances, convince me that the King is sincere, and now I have no doubt of the sincerity of his cabinet. From all this you may imagine the anxiety I shall feel for the arrival of the President’s message. On its tone willdepend very much, not only the payment of our claims, but our national reputation for energy. I have no doubt it will be such as to attain both of these important objects.

Mr. Livingston to Mr. Forsyth.

[Extract.]

PARIS, December 6, 1834.

The Chambers were convened on the 1st instant under very exciting circumstances, the ministers individually and the papers supposed to speak their language having previously announced a design to enter into a full explanation of their conduct, to answer all interrogations, and place their continuance in office on the question of approval by the Chambers of their measures.

This, as you will see by the papers, they have frankly and explicitly done, and after a warm debate of two days, which has just closed, they have gained a decided victory. This gives them confidence, permanence, and, I hope, influence enough to carry the treaty. I shall now urge the presentation of the law at as early a day as possible, and although I do not yet feel very certain of success, my hopes of it are naturally much increased by the vote of this evening. The conversations I have had with the King and with all the ministers convince me that now they are perfectly in earnest and united on the question, and that it will be urged with zeal and ability.

Many of the deputies, too, with whom I have entered into explanations on the subject, seem now convinced that the interest as well as the honor of the nation requires the fulfillment of their engagements. This gives me hopes that the endeavors I shall continue to make without ceasing until the question is decided may be successful.

The intimation I have conceived myself authorized to make of the serious consequences that may be expected from another rejection of the law, and of the firm determination of our Government to admit of no reduction or change in the treaty, I think has had an effect. On the whole, I repeat that without being at all confident I now entertain better hopes than I have for some time past done.

Mr. Livingston to the Secretary of State.

[Extracts.]

PARIS, December 22, 1834.

Hon. JOHN FORSYTH

Secretary of State, etc.

SIR: Our diplomatic relations with this Government are on the most extraordinary footing. With the executive branch I have little to discuss, for they agree with me in every material point on the subject of the treaty. With the legislature, where the great difficulty arises, I can have no official communication. Yet, deeply impressed with the importance to my fellow-citizens of securing the indemnity to which they are entitled, and to the country of enforcing the execution of engagements solemnly made to it, as well as of preventing a rupture, which must infallibly follow the final refusal to execute the convention, I have felt it a duty to use every proper endeavor to avoid this evil. This has been and continues to be a subject of much embarrassment.

My last dispatch (6th December) was written immediately after the vote of the Chamber of Deputies had, as it was thought, secured a majority to the administration, and it naturally excited hopes which that supposition was calculated to inspire. I soon found, however, both from the tone of the administration press and from the language of the King and all the ministers with whom I conferred on the subject, that they were not willing to put their popularity to the test on our question.It will not be made one on the determination of which the ministers are willing to risk their portfolios. The very next day after the debate the ministerial gazette (Les Debats) declared that, satisfied with the approbation the Chamber had given to their system, it was at perfect liberty to exercise its discretion as to particular measures which do not form an essential part of that system; and the communications I subsequently had with the King and the ministers confirmed me in the opinion that the law for executing our convention was to be considered as one of those free questions. I combated this opinion, and asked whether the faithful observance of treaties was not an essential part of their system, and, if so, whether it did not come within their rule. Without answering this argument, I was told of the endeavors they were making to secure the passage of the law by preparing the statement* mentioned in my former dispatch. This, it is said, is nearly finished, and from what I know of its tenor it will produce all the effect that truth and justice can be expected to have on prejudice and party spirit.

*A memoir to be laid before the commission which may be appointed to examine the law, intended to contain all the arguments and facts by which it is to be supported.

The decision not to make it a cabinet question will not be without its favorable operation; * * * some of the leaders of the opposition, who may not be willing to take the responsibility of a rupture between the two nations by breaking the treaty, when they are convinced that instead of forcing the ministers to resign they will themselves only incur the odium of having caused the national breach. In this view of the subject I shall be much aided if by the tenor of the President’s message it is seen that we shall resent the breach of faith they contemplate.

It is on all hands conceded that it would be imprudent to press the decision before the next month, when the exposition will be printed and laid before the Chambers.

On the whole, I am far from being sanguine of success in the endeavors which I shall not cease to make for the accomplishment of this important object of my mission, and I expect with some solicitude the instructions for my conduct in the probable case of a rejection of the law.

I have the honor to be, etc.,

EDW. LIVINGSTON.

WASHINGTON, February 10, 1835.

To the Senate of the United States.

I have received the resolution of the Senate of the 2d instant, requesting me to communicate copies of the charges, if any, which may have been made to me against the official conduct of Gideon Fitz, late surveyor-general south of the State of Tennessee, which caused his removal from office.

The resolution is preceded by a preamble which alleges as reasons for this request that the causes which may have produced the removal of the officer referred to may contain information necessary to the action of the Senate on the nomination of his successor and to the investigation now in progress respecting the frauds in the sales of the public lands.

This is another of those calls for information made upon me by the Senate which have, in my judgment, either related to the subjects exclusively belonging to the executive department or otherwise encroached on the constitutional powers of the Executive. Without conceding the right of the Senate to make either of these requests, I have yet, for the various reasons heretofore assigned in my several replies, deemed it expedientto comply with several of them. It is now, however, my solemn conviction that I ought no longer, from any motive nor in any degree, to yield to these unconstitutional demands. Their continued repetition imposes on me, as the representative and trustee of the American people, the painful but imperious duty of resisting to the utmost any further encroachment on the rights of the Executive. This course is especially due to the present resolution. The President in cases of this nature possesses the exclusive power of removal from office, and, under the sanctions of his official oath and of his liability to impeachment, he is bound to exercise it whenever the public welfare shall require if, on the other hand, from corrupt motives he abuses this power, he is exposed to the same responsibilities. On no principle known to our institutions can he be required to account for the manner in which he discharges this portion of his public duties, save only in the mode and under the forms prescribed by the Constitution. The suggestion that the charges a copy of which is requested by the Senate "may contain information necessary to their action" on a nomination now before them can not vary the principle. There is no necessary connection between the two subjects, and even if there were the Senate have no right to call for that portion of these matters which appertains to the separate and independent action of the Executive. The intimation that these charges may also be necessary "to the investigation now in progress respecting frauds in the sales of public lands" is still more insufficient to authorize the present call. Those investigations were instituted and have thus far been conducted by the Senate in their legislative capacity, and with the view, it is presumed, to some legislative action. If the President has in his possession any information on the subject of such frauds, it is his duty to communicate it to Congress, and it may undoubtedly be called for by either House sitting in its legislative capacity, though even from such a call all matters properly belonging to the exclusive duties of the President must of necessity be exempted.

The resolution now before me purports to have been passed in executive session, and I am bound to presume that if the information requested therein should be communicated it would be applied in secret session to "the investigation of frauds in the sales of the public lands." But, if so applied, the distinction between the executive and legislative functions of the Senate would not only be destroyed, but the citizen whose conduct is impeached would lose one of his valuable securities, that which is afforded by a public investigation in the presence of his accusers and of the witnesses against him. Besides, a compliance with the present resolution would in all probability subject the conduct and motives of the President in the case of Mr. Fitz to the review of the Senate when not sitting as judges on an impeachment, and even if this consequence should not occur in the present case the compliance of the Executive might hereafter be quoted as a precedent for similar and repeated applications.Such a result, if acquiesced in, would ultimately subject the independent constitutional action of the Executive in a matter of great national concernment to the domination and control of the Senate; if not acquiesced in, it would lead to collisions between coordinate branches of the Government, well calculated to expose the parties to indignity and reproach and to inflict on the public interest serious and lasting mischief.

I therefore decline a compliance with so much of the resolution of the Senate as requests "copies of the charges, if any," in relation to Mr. Fitz, and in doing so must be distinctly understood as neither affirming nor denying that any such charges were made; but as the Senate may lawfully call upon the President for information properly appertaining to nominations submitted to them, I have the honor, in this respect, to reply that I have none to give them in the case of the person nominated as successor to Mr. Fitz, except that I believe him, from sources entitled to the highest credit, to be well qualified in abilities and character to discharge the duties of the office in question.

ANDREW JACKSON.

WASHINGTON, February 14, 1835.

To the Senate of the United States.

I beg leave to call the attention of Congress to the accompanying communication from the Secretary of War, from which it appears that the "act for the relief of Benedict Alford and Robert Brush," although signed and duly certified by the proper officers as having passed the two Houses of Congress at their last session, had not in fact obtained the sanction of that body when it was presented to the President for his approval.

Under these circumstances it is thought that the subject is worthy of the consideration of Congress.

ANDREW JACKSON.

WASHINGTON, February 16, 1835.

To the House of Representatives of the United States:

I transmit to the House of Representatives, for their consideration, a petition to the Congress of the United States from Adelaide de Grasse de Grochamps, one of the surviving daughters of the Count de Grasse, together with the letter which accompanied it. Translations of these papers are also sent.

ANDREW JACKSON.

WASHINGTON, February 18, 1835.

To the House of Representatives:

Since my message a few days ago relating to Choctaw reservations other documents on the same subject have been received from the locating agent, which are mentioned in the accompanying report of the Secretary of War, and which I also transmit herewith for the information and consideration of Congress.

ANDREW JACKSON.

WASHINGTON, February 21, 1835.

To the Senate of the United States:

I transmit herewith, for the advice and consent of the Senate as to the ratification of the same, four treaties for Potawatamie reservations, concluded by General Marshall in December last.

ANDREW JACKSON.

WASHINGTON, February 25, 1835.

To the Senate and House of Representatives of the United States:

I transmit to Congress a report from the Secretary of State, with copies of all the letters received from Mr. Livingston since the message to the House of Representatives of the 6th instant, of the instructions given to that minister, and of all the late correspondence with the French Government in Paris or in Washington, except a note of Mr. Serurier, which, for the reasons stated in the report, is not now communicated.

It will be seen that I have deemed it my duty to instruct Mr. Livingston to quit France with his legation and return to the United States if an appropriation for the fulfillment of the convention shall be refused by the Chambers.

The subject being now in all its present aspects before Congress, whose right it is to decide what measures are to be pursued in that event, I deem it unnecessary to make further recommendation, being confident that on their part everything will be done to maintain the rights and honor of the country which the occasion requires.

ANDREW JACKSON.

DEPARTMENT OF STATE,

Washington, February 25, 1835.

The PRESIDENT OF THE UNITED STATES:

The Secretary of State has the honor to submit to the President copies of all the letters received from Mr. Livingston since the message to the House of Representatives of the 6th instant, of the instructions given to that minister, and of all the late correspondence with the French Government in Paris or in Washington, except the last note of M. Serurier, which it has been considered necessary to submit to the Government of France before it is made public or answered, that it may be ascertained whether some exceptionable expressions are to be taken as the result of a settled purpose in that Government or as the mere ebullition of the minister’s indiscretion.

JOHN FORSYTH.

Mr. Livingston to Mr. Forsyth.

No. 70.

LEGATION OF THE UNITED STATES,

Paris, January 11, 1835.

Hon. JOHN FORSYTH.

SIR: Believing that it would be important for me to receive the dispatches you might think it necessary to send with the President’s message, I ventured onincurring the expense of a courier to bring it to me as soon as it should arrive at Havre. Mr. Beasley accordingly, on the arrival of the Sully, dispatched a messenger with my letters received by that vessel, and a New York newspaper containing the message, but without any communication from the Department, so that your No. 43 is still the last which I have to acknowledge. The courier arrived at 2 o’clock on the morning of the 8th. Other copies were the same morning received by the estafette, and the contents, being soon known, caused the greatest sensation, which as yet is, I think, unfavorable--the few members of the opposition who would have voted for the execution of the treaty now declaring that they can not do it under the threat of reprisals, and the great body of that party making use of the effect it has on national pride to gain proselytes from the ministerial side of the Chamber, in which I have no doubt they have in a great degree for the time succeeded.

The ministers are aware of this, and will not, I think, immediately urge the consideration of the law, as I have no doubt they were prepared to do when the message arrived. Should Congress propose commercial restrictions or determine to wait to the end of the session before they act, this will be considered as a vote against reprisals, and then the law will be proposed and I think carried. But I ought not to conceal from you that the excitement is at present very great; that their pride is deeply wounded by what they call an attempt to coerce them by threats to the payment of a sum which they persist, in opposition to the plainest proof, in declaring not to be due. This feeling is fostered by the language of our opposition papers, particularly by the Intelligencer and New York Courier, extracts from which have been sent on by Americans, declaring them to be the sentiments of a majority of the people. These, as you will see, are translated and republished here, with such comments as they might have been expected and undoubtedly were intended to produce, and if hostilities should take place between the two countries those persons may flatter themselves with having the credit of a great share in producing them. The only letter I have received from home is from one of my family. This, to my great satisfaction, informs me that the President will be supported by all parties, and I am told that this is the language of some of the opposition papers; but as they are not sent to the legation I can not tell in what degree this support can be depended upon. Whether the energetic language of the message will be made the pretext with some or be the cause with others among the deputies for rejecting the law can not, of course, be yet conjectured with any great degree of probability, but I think it will have a good effect. It has certainly raised us in the estimation of other powers, if I may judge from the demeanor of their representatives here, and my own opinion is that as soon as the first excitement subsides it will operate favorably on the counsels of France. Already some of the journals begin to change their tone, and I am much mistaken if the opposition here, finding that we are in earnest, will incur the responsibility of a rupture between the two nations, which they see must take place if the treaty be rejected. The funds experienced a considerable fall as soon as the message was known, and insurance rose. In short, it has made them feel the commercial as well as political importance of our country.

The Comte de Rigny had requested me to communicate the message to him as soon as it should be received. This I promised to do, and accordingly on the morning of the 8th, to avoid any mistake as to the mode of making the communication, I carried the paper to him myself, telling him that I had received a gazette containing a paper said to be the message of the President, which I delivered to him in compliance with my promise; but I requested him to observe that it was not an authentic paper, nor was it delivered in pursuance of instructions, nor in my official character. I thought it, for obvious reasons, necessary to be very explicit on this point, and he properly understood me, as he had not yet read the message. Little more passed at the interview, and I thought of it, but not immediately, to seek another. I shallprobably, however, see him to-night, and shall then appoint some time for a further conference, of which I will by this same packet give you the result.

Mr. Middleton has just arrived from Madrid with the inscriptions for the Spanish indemnity and a draft for the first payment of interest. His instructions are, he says, to leave them with me, but as I have heard nothing from the Department I shall advise the depositing them with Rothschild to wait the directions of the president.

The importance of obtaining the earliest intelligence at this crisis of our affairs with France has reduced me to direct that my letters should be sent by the estafette from Havre, and that if any important advice should be received at such an hour in the day as would give a courier an advance of some hours over the estafette, that a special messenger should be dispatched with it.

I have the honor to be, very respectfully, sir, your most obedient servant,

EDW. LIVINGSTON.

Mr. Livingston to Mr. Forsyth.

No. 71.

LEGATION OF THE UNITED STATES,

Paris, January 14, 1835.

Hon. JOHN FORSYTH.

SIR: The intended conference with the minister for foreign affairs of which I spoke to you in my last (No. 70) took place yesterday morning. I began it by expressing my regret that a communication from the President to Congress had been so much misrepresented in that part which related to France as to be construed into a measure of hostilities. It was, I said, part of a consultation between different members of our Government as to the proper course to be pursued if the legislative body of France should persevere in refusing to provide the means of complying with a treaty formally made; that the President, as was his duty, stated the facts truly and in moderate language, without any irritating comment; that in further pursuance of his official duty he declared the different modes of redress which the law of nations permitted in order to avoid hostilities, expressing, as he ought to do, his reasons for preferring one of them; that in all this there was nothing addressed to the French nation; and I likened it to a proceeding well known in the French law (a family council in which the concerns and interests are discussed), but of which in our case the debates were necessarily public; that a further elucidation of the nature of this document might be drawn from the circumstance that no instructions had been given to communicate it to the French Government, and that if a gazette containing it had been delivered it was at the request of his excellency, and expressly declared to be a private communication, not an official one. I further stated that I made this communication without instructions, merely to counteract misapprehensions and from an earnest desire to rectify errors which might have serious consequences. I added that it was very unfortunate that an earlier call of the Chambers had not been made in consequence of Mr. Serurier’s promise, the noncompliance with which was of a nature to cause serious disquietude with the Government of the United States. I found immediately that this was the part of the message that had most seriously affected the King, for Comte de Rigny immediately took up the argument, endeavoring to show that the Government had acted in good faith, relying principally on the danger of a second rejection had the Chambers been called at an early day expressly for this object. I replied by repeating that the declaration made by Mr. Serurier was a positive and formal one, and that it had produced a forbearance on the part of the President to lay the state of the case before Congress. In this conference, which was a long one, we both regretted that any misunderstanding should interrupt the goodintelligence of two nations having so many reasons to preserve it and so few of conflicting interests. He told me (what I knew before) that the exposition was prepared, and that the law would have been presented the day after that on which the message was received. He showed me the document, read part of it to me, and expressed regret that the language of the message prevented it being sent in. I said that I hoped the excitement would soon subside and give place to better feelings, in which I thought he joined with much sincerity. It is perhaps necessary to add that an allusion was made by me to the change of ministry in November and the reinstatement of the present ministers, which I told him I had considered as a most favorable occurrence, and that I had so expressed myself in my communications to you, but that this circumstance was unknown at Washington when the message was delivered; and I added that the hopes of success held out in the communication to which I referred and the assurances it contained that the ministers would zealously urge the adoption of the law might probably have imparted the same hopes to the President and have induced some change in the measure he had recommended, but that the formation of the Dupin ministry, if known, must have had a very bad effect on the President’s mind, as many of that ministry were known to be hostile to the treaty.

When I took leave the minister requested me to reflect on the propriety of presenting a note of our conversation, which he said should be formal or otherwise, as I should desire. I told him I would do so, and inform him on the next morning by 11 o’clock. We parted, as I thought, on friendly terms, and in the evening, meeting him at the Austrian ambassador’s, I told him that on reflection I had determined to wait the arrival of the packet of the 16th before I gave the note, to which he made no objection. After all this you may judge of my surprise when last night about 10 o’clock I received the letter copy of which is inclosed, and which necessarily closes my mission. In my reply I shall take care to throw the responsibility of breaking up the diplomatic intercourse between the countries where it ought to rest, and will not fail to expose the misstatements which you will observe are contained in the minister’s note, both as respects my Government and myself; but the late hour at which I received the Comte de Rigny’s note and the almost immediate departure of the packet may prevent my sending you a copy of my communication to him, which I shall use the utmost diligence in preparing.

The law, it is said, will be presented to-day, and I have very little doubt that it will pass. The ministerial phalanx, reenforced by those of the opposition (and they are not a few) who will not take the responsibility of involving the country in the difficulties which they now see must ensue, will be sufficient to carry the vote. The recall of Serurier and the notice to me are measures which are resorted to to save the pride of the Government and the nation.

I have the honor to be, very respectfully, sir, your most obedient servant,

EDW. LIVINGSTON.

From Count de Rigny to Mr. Livingston.

[Translation. ]

DEPARTMENT OF FOREIGN AFFAIRS,

Paris, January 13, 1835.

Hon. EDWARD LIVINGSTON, etc.

SIR: You have well comprehended the nature of the impressions produced upon the King’s Government by the message which His Excellency President Jackson addressed on the 1st of December to the Congress of the United States. Nothing certainly could have prepared us for it. Even though the complaints expressed in it had been as just as they are in reality unjust, we should still have had a right to be astonished on receiving the first communication of them in such a form.

In the explanations which I am now about to make I can not enter upon the consideration of any facts other than those occurring subsequently to the vote by which the last Chamber of Deputies refused the appropriation necessary for the payment stipulated in the treaty of July 4. However this vote may have been regarded by the Government of the United States, it is evident that by accepting (accueillant) the promise of the King’s Government to bring on a second deliberation before the new legislature it had in fact postponed all discussion and all recrimination of the subject of this first refusal until another decision should have either repealed or confirmed it. This postponement therefore sets aside for the time all difficulties arising either justly or unjustly from the rejection of the treaty or from the delay by which it had been preceded; and although the message begins by enumerating them, I think proper, in order to confine myself to the matter in question, only to reply to the imputations made on account of subsequent occurrences.

The reproaches which President Jackson considers himself authorized to address to France may be summed up in a few words. The King’s Government promised to present the treaty of July 4 again to the Chambers as soon as they could be assembled. They were assembled on the 31st of July, and the treaty has not yet been presented to them. Such is exactly the whole substance of the President’s argumentation, and nothing can be easier than to refute it.

I may first observe that the assembling of the Chambers on the 31st of July, in obedience to a legal prescription that they should be called together within a stated period after a dissolution of the Chamber of Deputies, was nothing more than a piece of formality, and if President Jackson had attended to the internal mechanism of our administrative system he would have been convinced that the session of 1835 could not have really commenced at that session of 1834. Everyone knew beforehand that after a fortnight spent in the forms of installation it would be adjourned.

The President of the United States considers that the bill relative to the American claims should have been presented to the Chamber within that fortnight. I can not understand the propriety of this reproach. The bill was explicitly announced in the speech from the throne on the very day on which the Chambers met. This was all that was required to make known the opinion and design of the Government, and to prevent that species of moral proscription to which absolute silence would have given authority. With regard to the mere act of presentation so long before discussion could possibly take place, this proceeding would have been so unusual and extraordinary that it might have increased the unfavorable prepossessions of the public, already too numerous, without producing any real advantage in return. Above all, the result which the President had in view, of being able to announce the new vote of the Chamber of Deputies in his message, would not have been attained.

President Jackson expresses his regrets that your solicitations (instances) had not determined the King’s Government to call the Chambers together at an earlier day. How soon soever they may have been called, the simplest calculation will serve to shew that the discussions in our Chambers could not have been known in the United States at the opening of Congress, and the President’s regret is therefore unfounded.

Moreover, the same obstacles and the same administrative reasons which rendered a real session impossible during the months of July or August were almost equally opposed to its taking place before the last weeks of the year. The head of a government like that of the United States should be able to comprehend more clearly than anyone else those moral impossibilities which arise from the fixed character ot the principles of a constitutional regime, and to see that in such a system the administration is subject to constant and regular forms, from which no special interest, however important, can authorize a deviation.

It is, then, evident that far from meriting the reproach of failing to comply with its engagements, far from having deferred, either voluntarily or from negligence,the accomplishment of its promises, the King’s Government, ever occupied in the design of fulfilling them, was only arrested for a moment by insurmountable obstacles. This appears from the explanations now given, and I must add that the greater part of them have already been presented by M. Serurier to the Government of the United States, which by its silence seemed to acknowledge their full value.

It is worthy of remark that on the 1st of December, the day on which President Jackson signed the message to Congress, and remarked with severity that nearly a month was to elapse before the assembling of the Chambers, they were in reality assembled in virtue of a royal ordinance calling them together at a period earlier than that first proposed. Their assemblage was not indeed immediately followed by the presentment of the bill relative to the American claims, but you, sir, know better than any other person the causes of this new delay. You yourself requested us not to endanger the success of this important affair by mingling its discussion with debates of a different nature, as their mere coincidence might have the effect of bringing other influences into play than those by which it should naturally be governed. By this request, sir, you clearly shewed that you had with your judicious spirit correctly appreciated the situation of things and the means of advancing the cause which you were called to defend. And permit me to add that the course which you have thought proper to adopt on this point is the best justification of that which we ourselves have for some months been pursuing in obedience to the necessities inherent in our political organization, and in order to insure as far as lies in our power the success of the new attempt which we were preparing to make in the Chamber.

However this may be, the King’s Government, freed from the internal difficulties the force of which you have yourself so formally admitted, was preparing to present the bill for giving sanction to the treaty of July 4, when the strange message of December I came and obliged it again to deliberate on the course which it should pursue.

The King’s Government, though deeply wounded by imputations to which I will not give a name, having demonstrated their purely gratuitous character, still does not wish to retreat absolutely from a determination already taken in a spirit of good faith and justice. How great soever may be the difficulties caused by the provocation which President Jackson has given, and by the irritation which it has produced in the public mind, it will ask the Chambers for an appropriation of twenty-five millions in order to meet the engagements of July 4; but at the same time His Majesty has considered it due to his own dignity no longer to leave his minister exposed to hear language so offensive to France. M. Serurier will receive orders to return to France.

Such, sir, are the determinations of which I am charged immediately to inform you, in order that you may make them known to the Government of the United States and that you may yourself take those measures which may seem to you to be the natural consequences of this communication. The passports which you may desire are therefore at your disposition.

Accept, sir, the assurance of my high consideration.

DE RIGNY.

Mr. Livingston to Mr. Forsyth.

No. 72.

LEGATION OF THE UNITED STATES,

Paris, January 15, 1835.

SIR: Having determined to send Mr. Brown, one of the gentlemen attached to the legation, to Havre with my dispatches, I have just time to add to them the copy of the note which I have sent to the Comte de Rigny. The course indicated by it wasadopted after the best reflections I could give to the subject, and I hope will meet the approbation of the President. My first impressions were that I ought to follow my inclinations, demand my passports, and leave the Kingdom. This would at once have freed me from a situation extremely painful and embarrassing; but a closer attention convinced me that by so doing I should give to the French Government the advantage they expect to derive from the equivocal terms of their note, which, as occasions might serve, they might represent as a suggestion only, leaving upon me the responsibility of breaking up the diplomatic intercourse between the two countries if I demanded my passports; or, if I did not, and they found the course convenient, they might call it an order to depart which I had not complied with. Baron Rothschild also called on me yesterday, saying that he had conversed with the Comte de Rigny, who assured him that the note was not intended as a notice to depart, and that he would be glad to see me on the subject. I answered that I could have no verbal explanations on the subject, to which he replied that he had suggested the writing a note on the subject, but that the minister had declined any written communication. Rothschild added that he had made an appointment with the Comte de Rigny for 6 o’clock, and would see me again at night, and he called to say that there had been a misunderstanding as to the time of appointment, and that he had not seen Mr. de Rigny, but would see him this morning. But in the meantime I determined on sending my note, not only for the reasons contained in it, which appeared to me conclusive, but because I found that the course was the correct one in diplomacy, and that to ask for a passport merely because the Government near which the minister was accredited had suggested it would be considered as committing the dignity of his own; that the universal practice in such cases was to wait rite order to depart, and not by a voluntary demand of passports exonerate the foreign Government from the odium and responsibility of so violent a measure. My note will force them to take their ground. If the answer is that they intended only a suggestion which I may follow or not, as I choose, I will remain, but keep aloof until I receive your directions. If, on the other hand, I am told to depart, I will retire to Holland or England, and there wait the President’s orders. In either case the derangement will be extremely expensive and my situation very disagreeable. The law was not presented yesterday, but will be to-day, and I have been informed that it is to be introduced by an expose throwing all the blame of the present state of things on Mr. Serurier and me for not truly representing the opinions of our respective Governments. They may treat their own minister as they please, but they shall not, without exposure, presume to judge of my conduct and make me the scapegoat for their sins. The truth is, they are sadly embarrassed. If the law should be rejected, I should not be surprised if they anticipated our reprisals by the seizure of our vessels in port or the attack of our ships in the Mediterranean with a superior force. I shall without delay inform Commodore Patterson of the state of things, that he may be on his guard, having already sent him a copy of the message.

I have the honor to be, sir, your obedient servant,

EDW. LIVINGSTON.

Mr. Livingston to the Count de Rigny.

LEGATION OF THE UNITED STATES OF AMERICA,

Paris, January 14, 1835.

His Excellency COUNT DE RIGNY, etc.:

The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, received late last night the note of His Excellency the Count de Rigny, minister secretary of state for foreign affairs, dated the 13th instant.

The undersigned sees with great surprise as well as regret that a communication made by one branch of the Government of the United States to another, not addressedto that of His Majesty the King of the French, nor even communicated to it, is alleged as the motive for a measure which not only increases actual subjects of irritation, but which necessarily cuts off all the usual means of restoring harmony to two nations who have the same interests, commercial and political, to unite them, and none but factitious subjects for collision.

The grave matter in the body of his excellency’s note demands and will receive a full answer. It is to the concluding part that his attention is now requested. The undersigned, after being informed that it is the intention of His Majesty’s Government to recall Mr. Serurier, is told "that this information is given to the under signed in order that he may communicate it to his Government and in order that he may himself take those measures which may appear to him the natural result of that communication, and that in consequence thereof the passports which he might require are at his disposition." This phrase may be considered as an intimation of the course which, in the opinion of His Majesty’s Government, the undersigned ought to pursue as the natural result of Mr. Serurier’s recall, or it may be construed, as it seems to have been by the public, into a direction by His Majesty’s Government to the minister of the United States to cease his functions and leave the country.

It is necessary in a matter involving such grave consequences that there should be no misunderstanding, the two categories demanding a line of conduct entirely different the one from the other.

In the first, he can take no directions or follow no suggestions but those given by his own Government, which he has been sent here to represent. The recall of the minister of France on the grounds alleged could not have been anticipated. Of course no instructions have been given to the undersigned on the subject, and he will not take upon himself the responsibility which he would incur by a voluntary demand of his passports, although made on the suggestion of His Majesty’s Government. If this be the sense of the passage in question, the duty of the undersigned can not be mistaken. He will transmit the note of His Excellency the Comte de Rigny to his Government and wait its instructions. Widely different will be his conduct if he is informed that the conclusion of the Comte de Rigny’s note is intended as a direction that he should quit the French territory. This he will without delay comply with on being so informed and on receiving the passports necessary for his protection until he shall leave the Kingdom.

Leaving the responsibility of this measure where it ought to rest, the undersigned has the honor to renew to His Excellency the Comte de Rigny the assurance, etc.

EDW’D LIVINGSTON.

Mr. Livingston to Mr. Forsyth.

No. 73.

LEGATION OF THE UNITED STATES,

Paris, January 16, 1835.

Hon. J. FORSYTH, etc.

SIR: The wind being unfavorable, I hope that this letter may arrive in time for the packet.

By the inclosed semiofficial paper you will see that a law has been presented for effecting the payment of 25,000,000 francs capital to the United States, for which the budgets of the six years next succeeding this are affected, and with a condition annexed that our Government shall have done nothing to affect the interests of France. It would seem from this that they mean to pay nothing but the capital, and that only in six years from this time; but as the law refers to the treaty for execution of which it provides, I presume the intention of the ministry can not be to make any change in it, and that the phraseology is in conformity to their usual formsAt any rate, I shall, notwithstanding the situation in which I am placed in relation to this Government, endeavor to obtain some explanation on this point.

The packet of the 16th arrived, but to my great regret brought me no dispatches, and having received none subsequent to your No. 43, and that not giving me any indication of the conduct that would be expected from me in the event of such measures as might have been expected on the arrival of the President’s message, I have been left altogether to the guidance of my own sense of duty under circumstances of much difficulty. I have endeavored to shape my course through them in such a way as to maintain the dignity of my Government and preserve peace, and, if possible, restore the good understanding that existed between the two countries. From the view of the motives of the President’s message contained in the answer of the Globe to the article in the Intelligencer I am happy in believing that the representations I have made to the Comte de Rigny, as detailed in my No. 71, are those entertained by the Government, and that I have not, in this at least, gone further than it would have directed me to do had I been favored with your instructions.

I have no answer yet to my note to the Comte de Rigny, a copy of which was sent by my last dispatch, nor can I form any new conjecture as to the event.

The inclosed paper contains a notice that I had been received by the King. This is unfounded, and shall be contradicted. I shall not in the present state of things make my appearance at court, and only in cases where it is indispensable have any communication with the minister.

I have the honor to be, with great respect, your obedient, humble servant,

EDW. LIVINGSTON.

Mr. Forsyth to Mr. Livingston.

DEPARTMENT OF STATE,

Washington, February 13, 1835.

EDWARD LIVINGSTON, Esq.

SIR: To relieve the anxiety expressed in your late communication to the Department of State as to the course to be pursued in the event of the rejection by the Chamber of Deputies of the law to appropriate funds to carry into effect the treaty of 4th July, 1831, I am directed by the President to inform you that if Congress shall adjourn without prescribing some definite course of action, as soon as it is known here that the law of appropriation has been again rejected by the French Chamber a frigate will be immediately dispatched to Havre to bring you back to the United States, with such instructions as the state of the question may then render necessary and proper.

I am, sir, etc.,

JOHN FORSYTH.

Mr. Forsyth to Mr. Livingston.

No. 49.

DEPARTMENT OF STATE,

Washington, February 24, 1835.

EDWARD LIVINGSTON, Esq.,

Envoy Extraordinary and Minister Plenipotentiary.

SIR: Your dispatches to No. 73 have been received at the Department--No. 73 by yesterday’s mail. Nos. 70, 71, 79 were delayed until this morning by the mismanagement of the young man to whose care they were committed by the captain of the packet Sully in New York.

In the very unexpected and unpleasant position in which you have been placed I am directed by the President to say to you that he approves of your conduct as wellbecoming the representative of a Government ever slow to manifest resentment and eager only to fulfill the obligations of justice and good faith, but at the same time to inform you that he should have felt no surprise and certainly would have expressed no displeasure had you yielded to the impulse of national pride and at once have quitted France, with the whole legation, on the receipt of the Count de Rigny’s note of the 13th of January. M. Serurier, having received his orders, has terminated his ministerial career by the transmission of a note, a copy of which and of all the correspondence had with him is herewith inclosed. M. Pageot has been presented to me as charged with the affairs of France on the recall of the minister.

The note of the Count de Rigny having no doubt, according to your intention, received from you an appropriate reply, it is only necessary for me now to say that the Count is entirely mistaken in supposing that any explanations have been given here by M. Serurier of the causes that have led to the disregard or postponement of the engagements entered into by France after the rejection of the appropriation by the last Chamber of Deputies, and of which he was the organ. No written communication whatever has been made on the subject, and none verbally made of sufficient importance to be recorded, a silence with regard to which could have been justly the foundation of any inference that the President was satisfied that the course of the French administration was either reconcilable to the assurances given him or necessary to secure a majority of the Chamber of Deputies.

The last note of M. Serurier will be the subject of separate instructions, which will be immediately prepared and forwarded to you.

In the present position of our relations with France the President directs that if the appropriation to execute the treaty shall be or shall have been rejected by the French legislature, you forthwith quit the territory of France, with all the legation, and return to the United States by the ship of war which shall be in readiness at Havre to bring you back to your own country. If the appropriation be made, you may retire to England or Holland, leaving Mr. Barton in charge of affairs. Notify the Department of the place selected as your temporary residence and await further instructions.

I am, sir, your obedient servant,

JOHN FORSYTH.

Mr. Serurier to Mr. Forsyth.

[Translation.]

WASHINGTON, February 23, 1835.

Hon. JOHN FORSYTH,

Secretary of State of the United States.

SIR: I have just received orders from my Government which make it necessary for me to demand of you an immediate audience. I therefore request you to name the hour at which it will suit you to receive me at the Department of State.

I have the honor to be, with great consideration, sir, your obedient, humble servant,

SERURIER.

Mr. Forsyth to Mr. Serurier.

DEPARTMENT OF STATE,

Washington,February 23, 1835.

M. SERURIER,

Envoy Extraordinary, etc., of the King of the French:

Official information having been received by the President of the recall of Mr. Serurier by his Government, and the papers of the morning having announced the arrival of a French sloop of war at New York for the supposed object of carryinghim from the United States, the undersigned, Secretary of State of the United States, tenders to Mr. Serurier all possible facilities in the power of this Government to afford to enable him to comply speedily with the orders he may have received or may receive.

The undersigned avails himself of the occasion to renew to Mr. Serurier the assurance of his very great consideration.

JOHN FORSYTH.

Mr. Forsyth to Mr. Serurier.

DEPARTMENT OF STATE,

Washington, February 23, 1835.

The undersigned, Secretary of State of the United States, informs M. Serurier, in reply to his note of this instant, demanding the indication of an hour for an immediate audience, that he is ready to receive in writing any communication the minister of France desires to have made to the Government of the United States.

The undersigned has the honor to offer M. Serurier the assurances of his very great consideration.

JOHN FORSYTH.

Mr. Serurier to Mr. Forsyth.

[Translation.]

WASHINGTON, February 23, 1835.

Hon. JOHN FORSYTH,

Secretary of State.

SIR: My object in asking you this morning to name the hour at which it would suit you to receive me was in order that I might, in consequence of my recall as minister of His Majesty near the United States, present and accredit M. Pageot, the first secretary of this legation, as charge d’ affaires of the King. This presentation, which, according to usage, I calculated on making in person, I have the honor, in compliance with the desire expressed to me by you, to make in the form which you appear to prefer.

I thank you, sir, for the facilities which you have been kind enough to afford me in the note preceding that now answered, also of this morning’s date, and which crossed the letter in which I demanded an interview.

I have the honor to renew to you, sir, the assurance of my high consideration.

SERURIER.

WASHINGTON, February 28, 1835.

To the Senate of the United States:

I transmit to the Senate of the United States a report* of the Secretary of State, to whom was referred the resolutions of that body passed on the 2d and 17th days of the present month, together with such portion of the correspondence and instructions requested by the said resolutions as could be transcribed within the time that has elapsed since they were received and as can be communicated without prejudice to the public interest

*Relating to the treaty of indemnity with Spain of February 17, 1834.

ANDREW JACKSON.