South Branch intelligencer. [volume], December 13, 1834, Image 1

About South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896

Image provided by: West Virginia University

                
SOUTH BRANCH 3NTEEEIGENCER.
PRINTED ff PUBLISHED BY WILLIAM HARPER, ROMNEY, Va.
VOLUME V.
SATURDAY, DECEMBER 13, 183*.
NO. 35.
President’s Message.
[concluded.]
It was also stipulated, on 'the part of
the United States, for the purpose of be
ing completely liberated from ail the re
blamationa presented 'by -France* on be
half of its citizens, that the'sum of one
million five hundred thousand francs
should be paid to the ’Government of
France, m-six annual instalments, to be
deducted out of the annual sums which
•France had agreedto pay., interest there
'upon being in like manner-computed from
the day of the exchange of thers‘‘6'<>*
tion8. in addition to this stipulation, im
portant advantages were secured to
France by the following article, viz:
‘•The wines of France, from and after the
exchange of the ratifications of the .pres
ent Convention, shall be admitted to con-,
sumption in the States of the Union, at
duties which shall not exceed the follow
ing rates by the gallon, (such as it is used
at present for wines in the U. States,)
to wit: six cents for red wines in casks ;
ten cents for white wines in casks i and
twenty-two cents for wines of all sorts
m bottles. The proportions existing be
tween the duties on French wines thus
reduced, and the general rates of the
tariff which went into operation the first
January, 1829, shall be maintained, in
case the Government of the United States
should think proper to diminish those
general rates in a new tariff.
In consideration of this stipulation,
which shall be binding on the U. States
for ten years, the French Government a
bandons the reclamations which it had
formed in relation to the 8th article of
the treaty of cession of Louisiana. It en
gages moreover, to establish on the long
staple cotton* of the United Slates,
which, after the exchange of the ratifica
tions of the present Convention, shall be
brought directly thence to France by the
vessels of the United States, or by French
veesels, the same duties as on short sta
ple cottons."
This treaty was duly ratified in the
manner prescribed by the constitutions ol
both countries; and the ratification was
exchanged at the city of Washington on
the 2d of February, 1832. On account
of ita commercial stipulations it was, in
five days thereafter, laid before the Con
gress ofthe United States, which pro
ceeded to enact such laws favorable to the
commerce of Francs as were necessary
to carry it into full execution; and
France has, from that period to the pres
ent, been in the unrestricted enjoyment
of the valuable privileges that were thus
secured to her. The faith of the French
.nation having been thus solemnly pledg
ed, through its constitutional organ, for
•tbe liquidation and ultimate payment of
the long deferred claims of our citizens,
as also for the adjustment of other points
of great and reciprocal benefits to both
countriea, and the United States having
with a fidelity and promptitude by which
their conduct will, I trust, be always
characterized, done every thing that was
necessary to carry the treaty into full
and fair effect on their part, counted with
the most perfect confidence, on equal fi
delity and promptitude on the part ofthe
French Government. In this reasona
ble expectation we have been, 1 regret
to inform you, wholly disappointed. No
legislative provision has been made by
France for the execution of the treaty,
either as respects the indemnity to be
paid, or the commercial benefit to be se
cured to the United States, and the re
lations between the United States and
that power, in consequence thereof, are
placed in a situation threatening to inter
rupt the good understanding which has
so long and so happily existed between
tbe two nations.
Not only has the French Government
been thus wanting in the performance of
the stipulations it has so solemnly enter
ed into with the United States, but its
omissions have been marked by circum
stances which would seem to leave us
-without satisfactory evidences, tiiat such
performance will certainly take place at
a future period. Advice of the exchange
of ratifications reached Paris prior to me
8th April, 1832. The French Chambers
were then sitting and continued in sess
ion until the 21st of that mouth, and al
though one instalment of the indemnity
' was payable on the 2d of February, 1833,
one year after the exchange of ratifica
tions, no application was made to the
Chambers for tho required appropriation,
and inconsequence of no appropriation
having then been made, the draft of the
United States Government for that, in
stalment, was dishonoured by the Minis
ter of Finance, and the United States
thereby involved in much controversy.
The next session of the Chambers com
menced on the 19th November, 1832,
and continued until the 25th April, 1833.
Notwithstanding the omission to pay the
first instalment, had been made the sub
ject of earnest remonstrance on our part,
the treaty with the United States, and a
bill making tbe necessary appropriations
to execute it, were not laid before the
Chamber of Deputies until the 6th of A
pril, nearly five months after its meeting,
und only nineteen dajs before the close
9 ®ession. The bill was read and
referred to a committee, but there was
no further action upon it. The next
session of the Chambers commenced on
the 26th of April, 1833, and continued un
til the 26lh of June following. A new
bill was introduced on the 11th of June,
but nothing important was done in rela
tion to 'it duiing tho session. In the
month «cf April, 1834, nearly three years
after the signature of the treaty, the fi.
nal action of the French Chambers up
on the'bill to carry the treaty into ef
fect, was obtained, and resulted in a
refusal of the necessary appropriations.
The avowed grounds upon which the
bill was rejected, are to be found in the
published debates of that body, and no
observations of mine can be necessary
to satisfy Congress of their utter insuf
ficiency. Although the gross amount
of the claims of our citisens is proba
bly g,Vo>ur >h..< will be ultimately al
lowed by the Commissioners, sufficient
is, nevertheless, shown, to render it
absolutely certain that the indemnity
'falls far short of the actual amount of
our just claims, independently of the
question of damages and interest for
the detention. That the settlement in
volved a sacrifice in this respect was
well known at the time—a sacrifice
which was cheerfully acquiesced in by
the<different branches of the Federal
Government, whose action upon the
treaty was required, from a sincere de
sire to avoid further collision upon this
old and disturbing subject, and in the
confident expectation that the general
relations between the two countries
would be improved thereby.
The refusal to vote the appropria
tion, the news of which was received
; front our Minister in Paris about the
15th day of May last, might have been
considered the final determination of
the French government not to execute
the stipulations of the treaty, and
would havejustified an immediate com
munication of the facts to Congress,
with a recommendation of such ulti
mate measures as the interest and hon
our of the United Slates might seem to
! require. But with the news of the re
fusal of the Chambers to make the ap
propriation, were conveyed the regrets
of the King, and a declaration that a
national vessel should be forthwith sent
out, with instructions to the French
Minister to give the most ample ex
planations of the past, and the strong
est assurances for the future. After a
long passage the promised despatch
vessel arrived. The pledges given by
by the French Minister, upon receipt
of his instructions, were, that as soon
after the election of the new members
as the charter would permit, the legis
lative Chambers of France should be
called together, and the proposition for
an appropriation laid before them ; that
all the constitutional powers of the
King and his Cabinet should be exer
ted to accomplish the object; and that
the result should be made known early
enough to be communicated to Con
gress at the commencement of the pres
ent session. Relying upon these pledg
es, and not doubting that the acknowl
edged justice of our claims, the prom
ised exertions of the King and his Cab
inet, and above all, that sacred regard
for the national faith and honour for
which the French character has been
so distinguished, would secure an eatly
execution of the treaty in all its parts,
I did not deem it necessary to call the
attention of Congress to the subject at
the last session.
I regret to say that the pledges made
through the minister of France have
not been redeemed. The new Cham
bers met on the 31st of July Inst, and
although the subject of fulfilling trea
ties was alluded to in the speech from
the throne, no attempt was made by
the King or his Cabinet to procure an
appropriation to carry it into execu
tion. The reasons given for this omis
sion, although they might be consider
ed sufficient io an ordinary case, are
not consistent with the expectations
founded upon the assurances given here,
for there is no constitutional obstacle
to entering into legislative business at
the first meeting of the chambers. This
point, however, might have been over*
looked, had not the Chambers, instead
of being called to meet at so early a day
that the result of their deliberations
might be communicated to me, before
the meeting of Congress,, been pro
rogued; to the 29th of the present month
—a period so late that their decision
can scarcely be made known to the
present Congress prior to its dissolu
tion. To avoid this delay, our minis
ter In Paris, in virtue of the assurance
given by the Freocb minister in the
United Stales, strongly urged the con
vocation of the Chambers at an earlier
day, but without success. It is prop
er to remark, however, that this refu
sal has been accompanied with the
most positive assurances on the part of
the Executive Government of France,
of their intention to press the appro
priation at tile ensuing session of the
Chambers.
Theexecutive branch of this govern
ment hai, as matters stand eihausted 1
all the authority upon the subject with
which it is invested, and which it had
any reason to believe could be benefi
cially employed.
The idea of acquiescing in the refus
ul to execute the treaty will not, 1 am
confident, be for a moment entertained
by any branch of this government; and
further negotiation is equally out of the
question.
If it shall be the pleasure bfcongress
to await the further action ofthe french
-, — r _..oiueraciuu w
the subject will, at this session, proba
bly be required at your hands. But, if,
from the original delay in asking fur an
appropriation, from the refusal of the
chambers to grant it when asked) from
the omission to bring the subject be
fore the chambers at their last session,
from the fact that.including that session,
there have been five different occasions
when the appropriation might have
been made, and from the delay in con
voking the chambers until some weeks
after the meeting of congress, when it
was well known that a communication
•of the whole subject to congress at the
last session, was prevented by assuran
ces that it should be disposed of before
its present meeting, you should feel
yourselves constrained to doubt wheth
er it be the intention of the French gov
ernment in all its branches to carry the
treaty into effect, and think that sutb
meaauret a* the occasion may be detail
ed to call for, should be now adopted,
the important question arises what those
measures shall be.
Our institutions are essentially pac'i*
5c, Peace and friendly intercourse
with all nations, are as much the desire
of our government as (hey are the inter
ests of our people. But these objects
are not to be permanently secured, by
surrendering the rights of our citizens,
or permitting solemn tteaties for their
indemnity in cases of flagrant wrong,
to be abrogated or set aside.
It is undoubtedly in the power of con
gress seriously to affect the agricultural
and manufacturing interests of France,
by the passage of laws relating to her
trade with (he United States. Her pro
ducts, manufactures, and tonnage, may
be subjected to heavy duties in our ports,
or all commercial intercourse with her
may be suspended. But there are pow
eiful, and, to my mind, conclusive ob
jections to this inode of proceeding.—
We cannot embarrass or cut off the
trade of France, without, at the same
time, in some degree, embarrassing or
cutting off our own trade, The injury
of such a warfare must fall, though un
equally, upon our own citizens,' and
could not but impair the means of the
government, and wtaken that united
sentiment in support of the lights and
honour of the nation which must now
pervade every bosom. Nor is it im
possible that such a course of legisla
tion would introduce once more into
our national councils, those disturbing
questions in relation to the tariff of du
ties which have been so recently put to
rest. Besides, by every measure ad
opted by the government ofthe United
States with the view of injuring France,
the clear perception of right which Will
induce our own people, and the rulers
and people of all other nations, even of
Franee herself, to pronounce our quar
rel just, will be obscured, and the sup
port rendered to us in a linal resort to
more decisive measures, will be more
limited and equivocal. There is but one
point in the controversy, and upon that
the whole civilized world must pro
nounce France to be in the wrong. We
insist that she shall paly us a sum of mo
ney, which she has acknowledged lobe
due, and of the justice of this demand,
there can be but one opinion among
mankind. True policy would seem to
dictate that the question at issue should
be kept thus disencumbered, and that
not the slightest pretence should be giv
en to France’ to persist in her refosal to
make payment, by any act on our part
affecting the interests of her people.—
Tne question should be left as it is now,
in such an attitude that when France
fulflls her treaty stipulations, all con
trovetsy will beat an end.
It is my conviction, that the United
Slates ought to insist on a prompt exe
cution of the treaty, and in case it be
refused,, or longer delayed, take re
dress into their own hands. After the
delay on the part of France of a quar
ter of a century,in acknowledging these
claims by treaty, it is not to be tolerat
ed that another quarter of a century is
to be wasted in negotiating about the
payment. The laws of nations pro
vide a remedy for such occasions. It
is a well settled principle of the inter
national code, that where one nation
owes another a liquidated debt, which
it refuses, or neglects to pay, the ag
grieved party may seize on the proper
ty belonging to the other, its citizens or
subjects, sufficient to pay the debt,
without giving just cause of war. This
remedy has been repeatedly resorted
to, and recently by France herself, to
wards Portugal, under eircumstanbes
less unquestionable.
The time at which resort should be
had to this, or any other mdde of re.
dress, is a point to be decided by Con
8Ja3e' by*!lie FrencK'cliaraliers aPMetf
next session, it may justly be concluded
that the government of France has fi
nally determined to disregard its own
solemn undertaking and refuses to pay
an acknowledged debt. In that event,
every day’s delay on our part will be a
stain upon our national honour, as well
as a denial of justice to our injured cit
izens. Prompt measures, when there
fusal of France shall be complete, will
not only be most honourable and just,
but will have the best effect upon our
national character.
Since France, in violation of the
pledges given through her minister
here* has delayed her final action so
long that her decision will not proba
bly be known, in time to be communi
cated to this congress, 1 recommend
that a law be passed, authorizing re«
prisals upon French property, in case
provision shall not be made for the pay
ment of the debt, at the approaching
session of the French chambers. Such
a measure ought not to be considered
by France as a menace. Her pride
and poWer are too well known to ex
pect any thing from her fears, and pre
clude the necessity of a declaration
that nothing partaking of the character
of intimidation is intended by us. She
ought to look upon it as the evidence
only of an inflexible determination on
the part of the United States, to insist
on their rights. That government, by
doing only what it has itself acknowl
edged to be just, will be able to spare
the United States the necessity of tak
ing redress into their own hands, and
save the property of French citizens
from that seizure and sequestration
which American citizens so long endur
ed without retaliation or redress. If
she should continue to refuse that aet
of acknowledged justice, and in viola
tion of the law of nations, make repri
sals on our part the occasion of hostili
ties against the United Stutes, she would
but add violence to injustice, and could
not fail to expose herself to the just
censure of civilized nations, and to the
retributive judgments of heaven.
Collision with France is the mdfe to
be regretted, on account of the position
she occupies in Europe in relation to
liberal institutions. But in maintain
ing our national rights and honour, all
governments are alike to us. If, by a
collision with France, in a case where
she is clearly in the wrong,- the march
of liberal principles shall be impeded,
the responsibility for that result, as
well as every other, will rest on her own
head.
Having submitted these considera
tions, it belongs to congress to decide,
whether, after what has taken place, it
will still await the further action of the
French chambers, or now adopt such
provisional measures, as it hiay deem
necessity, and best adapted to protect
the rights and maintain the honour of
the country. Whatever that decision
may b'e^ it will be faithfully enforced
by the executive, as far as he is autho
rized so to do.
According to the estimate of the trea
sury department, the revenue accru
ing, from all sources, during the present
year, will amount to twenty millions
six hundred and twenty-four thousand
seven hundred and seventeen dollars,
which, with the balance remaining in
the treasury on the first of January last,
of eleven millions seven hundred and
two thousand nine hundred and five
dollars, produces an' aggregate of thir
ty-two millions three hundred and
twenty-seven thousand six hundred and
twenty-three dollars. The total ex
penditure'during the year for all ob
jects, including the public debt, is esti
mated at twenty-five millions five hun
dred and' ninety-one thousand three
hundred and ninety dollars, which will
leave' U balance in the treasury on the
first1 of January, 1835', of six millions
seven hundred and thirty-six thousand
two hundred and thirty-two dollars.—
In this balance, however, will be inclu
ded about one million one hundred and
fifty thousand dollars of what was here
tofore reported by the department as
not effective.
Of former appropriations it is esti
mated that there will remain unexpand-’
ed at the close of the year, eight mill
ions two thousand nine hundred and
twenty-fiVe dollars, and that of this
sum there will rldt be required more
than five trillions otie hundred and for*
ty-one thousand nine hundred and six
ty-four dollars, to accomplish the ob
jects of all the current appropriations.
Thus it appears that after satisfying
all those appropriations, and after dis
charging the last item of our public
debt,' which will be done on the first
of January next, mete ,
®JR.e.2Jievi'9otJlft tour hundred and for
ty thousand dollars. That such should
be the aspect of buf finances is highly
flattering to the industry and enterprize
uf our population, and auspicious of
the wealth and prosperity which await
the future cultivation of their growing
resources. It is not deemed prudent,
howeverJ to recommend any change
for the present in our impost rates, the
effect of the gradual reduction now in
progress in many of them, not being
sufficiently tested, to guide us in dr*
termining the precise amount of revenue
Which they will produce;
Free from public debt, at peace with
all the World, and with no complicated
interests to consult in our intercourse
with foreign powers, the present may
be hailed as that epoch iit our history
the most favourable for the settlement
of those principles in our domestic poli
cy, which shall be best calculated to
give stability to our republic, and se
cure the blessings of freedom to Our citi
zens. Among these principles, from
our past eiperience, it cannot be doubt
ed, that simplicity in the character of
the federal government, and a rigid e
conoray in its administration, shoold
be regarded as fundamental and sacred.
All must be sensible that the existence
of the public debt, by renderiog taxa
tion necessary for its extinguishntent,
bas increased the difficulties which are
inseparable from every exercise Of the
taxing power ; and that it was, in this
respect, a remote agent in producing
those disturbing questions which grew
out of the discussions relating 10 the ta
riff. If such bas been tha tendency of
a debt incurred in the acquisition and
iridinieaaoot Of our national rights and
liberties, tha obligations of which all
portions of (ha union cheerfully ac
knowledged, it moat be obvious, that
whatever is calculated to increase the
burdens of government without neces
sity, must be fatal to all Our hopes at
preserving its true character.—While
we are felicitating ourselves, therefore,
upon the extinguishment of the nation
al debt, and the prosperous state of our
finances, let us not be tempted to de
part from those soUnd maxims Of pub
lic policy, which enjoin a just adapta
tion of the' revenue to the expenditures
that are consistent with a rigid econo
my, and art entire abstinence from all
topics of legislation that are not clearly
within the constitutional powers of the
government, and suggested by the wants
of the country. Properly regarded,
under such a policy, every diminution
of the public burdens arising from taxa
tion, gives to individual enterprize in
creased power, a.;-.! furnishes to all the
members of our happy confederacy,
new motives for patriotic affection and
support. But aboVe all, its mbit im
portant effect will be found in its influ
ence upon the character of the govern
ment, by confining its action to those
objects which will be sure to secure to
it the attachment and support af oUr
fellow citizens.
Circumstances make it my duty to
call the attention of congress to the
Bank of the United^ States. Created
for the convenience of the government,
i that institution has become the scourge
of the people. Its interference to post
pone the payment of a portion of the
. national debt, that it might retain the
public money appropriated for that pur
pose, to strengthen it in a political con
test—the extraordinary extension and
contraction of its accommodations to
the community—its corrupt and parti
san loans—its exclusion of the public
directors from a knowledge of its most
important proceedings—the unlimited
authority conferred on the president
to espensf its funds in hiring writers,
and procuring the execution of printing,
and the use made uf that authority—
the retention of the pension money and
books after the selection of new agents
—the groundless claim to heavy dam
ages, in consequence of the protest of
the bill drawn on the French govern
ment, have, through various channels,
been laid before congress. Immediate
ly after the close of tha last session, the
bank, through its president, announced
its ability, and readiness to abandon the
system of unparalleled curtailment, and
the iuterruption of domestic exchanges,
which it had practised upon from the
1st of August, 1833, to the SOth June,
1834, and to extend its accommoda.
lions to the community. The grounds
assumed in this annunciation, amount
ed to an acknowledgment that the cur*
tailment, in the extent to which it had
been carried, was not necessary to the
safety of the bank, aod had been per
sisted ill Iherely to induce congress to
grant the prayef of the bank in its me.
.rciunxeL.nf.jtiv*
They were substantially a confession
that all the real distresses which indivi
duals and the country bad endured for
the preceding six or eight months, bad
been needlessly produced by it; with
the view of affecting, through the suf
ferings of the people, the legislative ac
tion of Congress. It is a subject of
congratulation that congress Odd the
country had the virtue and firrttOess to
bear the infliction ; that the energies of
our people soon found relief from this
wanton tyranny, in vast importOtions of
the precious metals from almost every
part of the world; and that at the close
of this tremendous effort to controul
our government, the bank fourtd itself
powerless, and no longer able to loan
out its surplus means. The commu
nity had learned to maddge its affairs
without its assistance, Snd trade bad
already found new auxiliaries; so that
on the first of October last, the extraor
dinary spectacle was presented df a na
tional bank, more than one half of
whose capital was either lying unpro
ductive in its vaults, or in the hands of
foreign bankers.
To the needless distreites brought
on the country during the laat session
of congress, has since been added the
open seizure of the dividends of .the
public stock, to the amount of one hun
dred and seventy thousand and forty
one dollafs, under pretence of paying
damages, cost, and interest, upon the
protested French bill. This sum con
stituted a portion of the estimated rev
enue for the yedr 1834, upon Which
the appropriations made by congress
were based. It wotild as soon have
bean expected that our collectors would
seize on the customs, or the feceivers
of otlr Und offices on the moneys aris
ing from the sale Of public lands,- tinder
pretences of claims afgainsi tba United
State*, ap that the bank would have
retained the dividends. Indeed, if the'
principle be established that any1 one
who chooses to set tip a claim against
the U. States, (bay, without authority of
law, seize on the public property or
money wherever he can find it, to pay
the claim, (here will remain no' assur
ance that our revenue wilt reach the
treasury, or that it will be applied after
(he appropriation to the purposes de
signated in the law. The paymaster*
of our army, and the pursers of our na
vy, may, under like pretences1, apply
to their own use, moneys appropriated
to set in motion the public forces, and
in time of war leave the country1 With
out defence. This measure resorted to
by the bank is disorganizing and rev
I olutionary, and if generally resorted to
by private citizens in like cases, would
fill the land with anarchy and violence.
It is a constitutional provision, that
“no money shall be drawn from the trea
sury but inconsequence of appropriations
made by law!.’’ The palpable object of
: this provision is to prevent the expendi
ture of the public money, for any pur
pose Whatsuver, which shall not have
been first appropriated by the representa
tives of the people and the states in con
gress assembled. It vests tile power of
declaring for what purposes the public
money shall be expended, in the legisla
tive department of the'government, toths
exclusion of the executive aod judicial,
and it is1 not within1 the constitutional au
thority of either of those departments, tf>
pay it a Way without law, or to sanction
its p lynrenl. According to this plain con
stitutionad provision, the claim ofthe hank
can never b’e paid without an appropria
tion by act of Congress. But the bank
has never asked1 for an appropriation. It
attempts to defeat the provision of the
constitution, and obtaio payment without
an act of congress. Instead of awaiting
an appropriation passed by both houses,
and approved by the president, it mikes
an appropriation for itself, and invites an
appeal to the judiciary to sanction it.—
That the money had not technically been,
paid into the treasury,does not affect the
principle iutended to be established by
the constitution. The executive and ju- '
diciary have as little right to> appropria
te and expend the public money without
authority of law, before it is placed to the
credit ol the treasurer, as to take it frouv
the treasury. In the annual report off
the secretary of tha treasury, and in hm.
correspondence with, the president oftlia
bank, and the opinion of the attornoy
general accompanying it, you will find a.
further examination, of the claims of thee
bank, and the course it has pursued.:
It seems due ta. the safety of the public:
[Cuntinued on the 4th page.]