Thirty Years' View (Vol. I of 2)

4. Neapolitan Indemnity Treaty. – When Murat was King of Naples, and acting upon the system of his brother-in-law, the Emperor Napoleon, he seized and confiscated many vessels and their cargoes, belonging to citizens of the United States. The years 1809, 1810, 1811 and 1812 were the periods of these wrongs. Efforts had been made under each administration, from Mr. Madison to Mr. John Quincy Adams, to obtain redress, but in vain. Among others, the special mission of Mr. William Pinkney, the eminent orator and jurist, was instituted in the last year of Mr. Madison's administration, exclusively charged, at that court, with soliciting indemnity for the Murat spoliations. A Bourbon was then upon the throne, and this 'legitimate,' considering Murat as an usurper who had taken the kingdom from its proper owners, and done more harm to them than to any body else, was naturally averse to making compensation to other nations for his injurious acts. This repugnance had found an excuse in the fact that France, the great original wrongdoer in all these spoliations, and under whose lead and protection they were all committed, had not yet been brought to acknowledge the wrong and to make satisfaction. The indemnity treaty with France, in July 1831, put an end to this excuse; and the fact of the depredations being clear, and the law of nations indisputably in our favor, a further and more earnest appeal was made to the Neapolitan government. Mr. John Nelson, of Maryland, was appointed United States Chargé to Naples, and concluded a convention for the payment of the claims. The sum of two millions one hundred and fifteen thousand Neapolitan ducats was stipulated to be paid to the United States government, to be by it distributed among the claimants; and, being entirely satisfactory, the convention immediately received the American ratification. Thus, another head of injury to our citizens, and of twenty years' standing, was settled by General Jackson, and in a case in which the strongest prejudice and the most revolting repugnance had to be overcome. Murat had been shot by order of the Neapolitan king, for attempting to recover the kingdom; he was deemed a usurper while he had it; the exiled royal family thought themselves sufficiently wronged by him in their own persons, without being made responsible for his wrongs to others; and although bound by the law of nations to answer for his conduct while king in point of fact, yet for almost twenty years – from their restoration in 1814 to 1832 – they had resisted and repulsed the incessant and just demands of the United States. Considering the sacrifice of pride, as well as the large compensation, which this branch of the Bourbons had to make in paying a bill of damages against an intrusive king of the Bonaparte dynasty, and this indemnity obtained from Naples in the third year of General Jackson's first presidential term, which had been refused to his three predecessors – Messrs. Madison, Monroe and John Quincy Adams – may be looked upon as one of the most remarkable of his diplomatic successes.

Spanish Indemnity Treaty. – The treaty of 1819 with Spain, by which we gained Florida and lost Texas, and paid five millions of dollars to our own citizens for Spanish spoliations, settled up all demands upon that power up to that time; but fresh causes of complaint soon grew up. All the Spanish-American states had become independent – had established their own forms of government – and commenced political and commercial communications with all the world. Spanish policy revolted at this escape of colonies from its hands; and although unable to subdue the new governments, was able to refuse to acknowledge their independence – able to issue paper blockades, and to seize and confiscate the American merchant vessels trading to the new states. In this way much damage had been done to American commerce, even in the brief interval between the date of the treaty of 1819 and General Jackson's election to the presidency, ten years thereafter. A new list of claims for spoliations had grown up; and one of the early acts of the new President was to institute a mission to demand indemnity. Mr. Cornelius Van Ness, of New-York, was the minister appointed; and having been refused in his first application, and given an account of the refusal to his government, President Jackson dispatched a special messenger to the American minister at Madrid, with instructions, "once more" to bring the subject to the consideration of the Spanish government; informing Congress at the same time, that he had made his last demand; and that, if justice was not done, he would bring the case before that body, "as the constitutional judge of what was proper to be done when negotiation fails to obtain redress for wrongs." But it was not found necessary to bring the case before Congress. On a closer examination of the claims presented and for the enforcement of which the power of the government had been invoked, it was found that there had occurred in this case what often takes place in reclamation upon foreign powers; that claims were preferred which were not founded in justice, and which were not entitled to the national interference. Faithful to his principle to ask nothing but what was right, General Jackson ordered these unfounded claims to be dropped, and the just claims only to be insisted upon; and in communicating this fact to Congress, he declared his policy characteristically with regard to foreign nations, and in terms which deserve to be remembered. He said: "Faithful to the principle of asking nothing but what was clearly right, additional instructions have been sent to modify our demands, so as to embrace those only on which, according to the laws of nations, we had a strict right to insist upon." Under these modified instructions a treaty of indemnity was concluded (February, 1834), and the sum of twelve millions of reals vellon stipulated to be paid to the government of the United States, for distribution among the claimants. Thus, another instance of spoliation upon our foreign commerce, and the last that remained unredressed, was closed up and satisfied under the administration of General Jackson; and this last of the revolutionary men had the gratification to restore unmixed cordial intercourse with a power which had been our ally in the war of the Revolution; which had ceded to us the Floridas, to round off with a natural boundary our Southern territory; which was our neighbor, conterminous in dominions, from the Atlantic to the Pacific; and which, notwithstanding the jars and collisions to which bordering nations are always subject, had never committed an act of hostility upon the United States. The conclusion of this affair was grateful to all the rememberers of our revolutionary history, and equally honorable to both parties: to General Jackson, who renounced unfounded claims, and to the Spanish government, which paid the good as soon as separated from the bad.

6. Russian Commercial Treaty. – Our relations with Russia had been peculiar – politically, always friendly; commercially, always liberal – yet, no treaty of amity, commerce, and navigation, to assure these advantages and guarantee their continuance. The United States had often sought such a treaty. Many special missions, and of the most eminent citizens, and at various times, and under different administrations, and under the Congress of the confederation before there was any administration, had been instituted for that purpose – that of Mr. Francis Dana of Massachusetts (under whom the young John Quincy Adams, at the age of sixteen, served his diplomatic apprenticeship as private secretary), in 1784, under the old Congress; that of Mr. Rufus King, under the first Mr. Adams; that of Mr. John Quincy Adams, Mr. Albert Gallatin, Mr. James A. Bayard, and Mr. William Pinkney, under Mr. Monroe; that of Mr. George Washington Campbell, and Mr. Henry Middleton, under Mr. Monroe (the latter continued under Mr. John Quincy Adams); and all in vain. For some cause, never publicly explained, the guaranty of a treaty had been constantly declined, while the actual advantages of the most favorable one had been constantly extended to us. A convention with us for the definition of boundaries on the northwest coast of America, and to stipulate for mutual freedom of fishing and navigation in the North Pacific Ocean, had been readily agreed upon by the Emperor Alexander, and wisely, as by separating his claims, he avoided such controversies as afterwards grew up between the United States and Great Britain, on account of their joint occupation; but no commercial treaty. Every thing else was all that our interest could ask, or her friendship extend. Reciprocity of diplomatic intercourse was fully established; ministers regularly appointed to reside with us – and those of my time (I speak only of those who came within my Thirty Years' View), the Chevalier de Politica, the Baron Thuyl, the Baron Krudener, and especially the one that has remained longest among us, and has married an American lady, M. Alexandre de Bodisco – all of a personal character and deportment to be most agreeable to our government and citizens, well fitted to represent the feelings of the most friendly sovereigns, and to promote and maintain the most courteous and amicable intercourse between the two countries. The Emperor Alexander had signally displayed his good will in offering his mediation to terminate the war with Great Britain; and still further, in consenting to become arbitrator between the United States and Great Britain in settling their difference in the construction of the Ghent treaty, in the article relating to fugitive and deported slaves. We enjoyed in Russian ports all the commercial privileges of the most favored nation; but it was by an unfixed tenure – at the will of the reigning sovereign; and the interests of commerce required a more stable guaranty. Still, up to the commencement of General Jackson's administration, there was no American treaty of amity, commerce, and navigation with that great power. The attention of President Jackson was early directed to this anomalous point; and Mr. John Randolph of Roanoke, then retired from Congress, was induced, by the earnest persuasions of the President, and his Secretary of State, Mr. Van Buren, to accept the place of envoy extraordinary and minister plenipotentiary to the Court of St. Petersburg – to renew the applications for the treaty which had so long been made in vain. Repairing to that post, Mr. Randolph found that the rigors of a Russian climate were too severe for the texture of his fragile constitution; and was soon recalled at his own request. Mr. James Buchanan, of Pennsylvania, was then appointed in his place; and by him the long-desired treaty was concluded, December, 1832 – the Count Nesselrode the Russian negotiator, and the Emperor Nicholas the reigning sovereign. It was a treaty of great moment to the United States; for, although it added nothing to the commercial privileges actually enjoyed, yet it gave stability to their enjoyment; and so imparted confidence to the enterprise of merchants. It was limited to seven years' duration, but with a clause of indefinite continuance, subject to termination upon one year's notice from either party. Near twenty years have elapsed: no notice for its termination has ever been given; and the commerce between the two countries feels all the advantages resulting from stability and national guaranties. And thus was obtained, in the first term of General Jackson's administration, an important treaty with a great power, which all previous administrations and the Congress of the Confederation had been unable to obtain.

7. Portuguese Indemnity. – During the years 1829 and '30, during the blockade of Terceira, several illegal seizures were made of American vessels, by Portuguese men-of-war, for alleged violations of the blockade. The United States chargé d'affairs at Lisbon, Mr. Thomas L. Brent, was charged with the necessary reclamations, and had no difficulty in coming to an amicable adjustment. Indemnity in the four cases of seizure was agreed upon in March, 1832, and payment in instalments stipulated to be made. There was default in all the instalments after the first – not from bad faith, but from total inability – although the instalments were, in a national point of view, of small amount. It deserves to be recorded, as an instance of the want to which a kingdom, whose very name had been once the synonym of gold regions and diamond mines, may be reduced by wretched government, that in one of the interviews of the American chargé (then Mr. Edward Kavanagh), with the Portuguese Minister of Finance, the minister told him "that no persons in the employment of the government, except the military, had been paid any part of their salaries for a long time; and that, on that day, there was not one hundred dollars in the treasury." In this total inability to pay, and with the fact of having settled fairly, further time was given until the first day of July, 1837; when full and final payment was made, to the satisfaction of the claimants.

Indemnity was made to the claimants by allowing interest on the delayed payments, and an advantage was granted to an article of American commerce by admitting rice of the United States in Portuguese ports at a reduced duty. The whole amount paid was about $140,000, which included damages to some other vessels, and compensation to the seamen of the captured vessels for imprisonment and loss of clothes – the sum of about $1,600 for these latter items – so carefully and minutely were the rights of American citizens guarded in Jackson's time. Some other claims on Portugal, considered as doubtful, among them the case of the brave Captain Reid, of the privateer General Armstrong, were left open for future prosecution, without prejudice from being omitted in the settlement of the Terceira claims, which were a separate class.

8. Treaty with the Ottoman Empire. – At the commencement of the annual session of Congress of 1830-'31, President Jackson had the gratification to lay before the Senate a treaty of friendship and commerce between the United States and the Turkish emperor – the Sultan Mahmoud, noted for his liberal foreign views, his domestic reforms, his protection of Christians, and his energetic suppression of the janissaries – those formidable barbarian cohorts, worse than prætorian, which had so long dominated the Turkish throne. It was the first American treaty made with that power, and so declared in the preamble (and in terms which implied a personal compliment from the Porte in doing now what it had always refused to do before), and was eminently desirable to us for commercial, political and social reasons. The Turkish dominions include what was once nearly the one half of the Roman world, and countries which had celebrity before Rome was founded. Sacred and profane history had given these dominions a venerable interest in our eyes. They covered the seat which was the birth-place of the human race, the cradle of the Christian religion; the early theatre of the arts and sciences; and contained the city which was founded by the first Roman Christian emperor. Under good government it had always been the seat of rich commerce and of great wealth. Under every aspect it was desirable to the United States to have its social, political and commercial intercourse with these dominions placed on a safe and stable footing under the guaranty of treaty stipulations; and this object was now accomplished. These were the general considerations; particular and recent circumstances gave them additional weight.

Exclusion of our commerce from the Black Sea, and the advantages which some nations had lately gained by the treaty of Adrianople, called for renewed exertions on our part; and they were made by General Jackson. A commissioner was appointed (Mr. Charles Rhind) to open negotiations with the Sublime Porte; and with him were associated the United States naval commander in the Mediterranean (Commodore Biddle), and the United States consul at Smyrna (Mr. David Offley). Mr. Rhind completed the negotiation, though the other gentlemen joined in the signature of the treaty. By the provisions of this treaty, our trade with the Turkish dominions was placed on the footing of the most favored nation; and being without limitation as to time, may be considered as perpetual, subject only to be abrogated by war, in itself improbable, or by other events not to be expected. The right of passing the Dardanelles and of navigating the Black Sea was secured to our merchant ships, in ballast or with cargo, and to carry the products of the United States and of the Ottoman empire, except the prohibited articles. The flag of the United States was to be respected. Factors, or commercial brokers, of any religion were allowed to be employed by our merchants. Consuls were placed on a footing of security, and travelling with passports was protected. Fairness and justice in suits and litigations were provided for. In questions between a citizen of the United States and a subject of the Sublime Porte, the parties were not to be heard, nor judgment pronounced, unless the American interpreter (dragoman) was present. In questions between American citizens the trial was to be before the United States minister or consul. "Even when they (the American citizens, so runs the fourth article), shall have committed some offence, they shall not be arrested and put in prison by the local authorities, but shall be tried by the minister or consul, and punished according to the offence." By this treaty all that was granted to other nations by the treaty of Adrianople is also granted to the United States, with the additional stipulation, to be always placed on the footing of the most favored nation – a stipulation wholly independent of the treaty exacted by Russia at Adrianople as the fruit of victories, and of itself equivalent to a full and liberal treaty; and the whole guaranteed by a particular treaty with ourselves, which makes us independent of the general treaty of Adrianople. A spirit of justice, liberality and kindness runs through it. Assistance and protection is to be given throughout the Turkish dominions to American wrecked vessels and their crews; and all property recovered from a wreck is to be delivered up to the American consul of the nearest port, for the benefit of the owners. Ships of war of the two countries are to exhibit towards each other friendly and courteous conduct, and Turkish ships of war are to treat American merchant vessels with kindness and respect. This treaty has now been in force near twenty years, observed with perfect good faith by each, and attended by all the good consequences expected from it. The valuable commerce of the Black Sea, and of all the Turkish ports of Asia Minor, Europe and Africa (once the finest part of the Roman world), travelling, residence, and the pursuit of business throughout the Turkish dominions, are made as safe to our citizens as in any of the European countries; and thus the United States, though amongst the youngest in the family of nations, besides securing particular advantages to her own citizens, has done her part in bringing those ancient countries into the system of modern European commercial policy, and in harmonizing people long estranged from each other.

9. Renewal of the treaty with Morocco. – A treaty had been made with this power in the time of the old Congress under the Confederation; and it is honorable to Morocco to see in that treaty, at the time when all other powers on the Barbary coast deemed the property of a Christian, lawful prey, and his person a proper subject for captivity, entering into such stipulations as these following, with a nation so young as the United States: "Neither party to take commissions from an enemy; persons and property captured in an enemy's vessel to be released; American citizens and effects to be restored; stranded vessels to be protected; vessels engaged in gunshot of forts to be protected; enemies' vessels not allowed to follow out of port for twenty-four hours; American commerce to be on the most favored footing; exchange of prisoners in time of war; no compulsion in buying or selling goods; no examination of goods on board, except contraband was proved; no detention of vessels; disputes between Americans to be settled by their consuls, and the consul assisted when necessary; killing punished by the law of the country; the effects of persons dying intestate to be taken care of, and delivered to the consul, and, if no consul, to be deposited with some person of trust; no appeal to arms unless refusal of friendly arrangements; in case of war, nine months to be allowed to citizens of each power residing in the dominions of the other to settle their affairs and remove." This treaty, made in 1787, was the work of Benjamin Franklin (though absent at the signature), John Adams, at London, and Thomas Jefferson, at Paris, acting through the agent, Thomas Barclay, at Fez; and was written with a plainness, simplicity and beauty, which I have not seen equalled in any treaty, between any nations, before or since. It was extended to fifty years, and renewed by General Jackson, in the last year of his administration, for fifty years more; and afterwards until twelve months' notice of a desire to abridge it should be given by one of the parties. The resident American consul at Tangier, Mr. James R. Leib, negotiated the renewal; and all the parties concerned had the good taste to preserve the style and language of the original throughout. It will stand, both for the matter and the style, a monument to the honor of our early statesmen.

10. Treaty of amity and commerce with Siam. – This was concluded in March, 1833, Mr. Edmund Roberts the negotiator on the part of the United States, and contained the provisions in behalf of American citizens and commerce which had been agreed upon in the treaty with the Sublime Porte, which was itself principally framed upon that with Morocco in 1787; and which may well become the model of all that may be made, in all time to come, with all the Oriental nations.

11. The same with the Sultan of Muscat.

Such were the fruits of the foreign diplomacy of President Jackson. There were other treaties negotiated under his administration – with Austria, Mexico, Chili, Peru, Bolivia, Venezuela – but being in the ordinary course of foreign intercourse, do not come within the scope of this View, which confines itself to a notice of such treaties as were new or difficult – which were unattainable by previous administrations; and those which brought indemnity to our citizens for spoliations committed upon them in the time of General Jackson's predecessors. In this point of view, the list of treaties presented, is grand and impressive; the bare recital of which, in the most subdued language of historical narrative, places the foreign diplomacy of General Jackson on a level with the most splendid which the history of any nation has presented. First, the direct trade with the British West Indies, which had baffled the skill and power of all administrations, from Washington to John Quincy Adams inclusive, recovered, established, and placed on a permanent and satisfactory footing. Then indemnities from France, Spain, Denmark, Naples, Portugal, for injuries committed on our commerce in the time of the great Napoleon. Then original treaties of commerce and friendship with great powers from which they never could be obtained before – Russia, Austria, the Sublime Porte. Then leaving his country at peace with all the world, after going through an administration of eight years which brought him, as a legacy from his predecessors, the accumulated questions of half an age to settle with the great powers. This is the eulogy of FACTS, worth enough, in the plainest language, to dispense with eulogium of WORDS.

CHAPTER CXXXV.

SLAVERY AGITATION

"It is painful to see the unceasing efforts to alarm the South by imputations against the North of unconstitutional designs on the subject of slavery. You are right, I have no doubt, in believing that no such intermeddling disposition exists in the body of our Northern brethren. Their good faith is sufficiently guaranteed by the interest they have as merchants, as ship owners, and as manufacturers, in preserving a Union with the slaveholding States. On the other hand what madness in the South to look for greater safety in disunion. It would be worse than jumping into the fire for fear of the frying pan. The danger from the alarms is, that the pride and resentment exerted by them may be an overmatch for the dictates of prudence; and favor the project of a Southern convention, insidiously revived, as promising by its councils, the best securities against grievances of every sort from the North." – So wrote Mr. Madison to Mr. Clay, in June 1833. It is a writing every word of which is matter for grave reflection, and the date at the head of all. It is dated just three months after the tariff "compromise" of 1833, which, in arranging the tariff question for nine years, was supposed to have quieted the South – put an end to agitation, and to the idea of a Southern convention – and given peace and harmony to the whole Union. Not so the fact – at least not so the fact in South Carolina. Agitation did not cease there on one point, before it began on another: the idea of a Southern convention for one cause, was hardly abandoned before it was "insidiously revived" upon another. I use the language of Mr. Madison in qualifying this revival with a term of odious import: for no man was a better master of our language than he was – no one more scrupulously just in all his judgments upon men and things – and no one occupying a position either personally, politically, or locally, to speak more advisedly on the subject of which he spoke. He was pained to see the efforts to alarm the South on the subject of slavery, and the revival of the project for a Southern convention; and he feared the effect which these alarms should have on the pride and resentment of Southern people. His letter was not to a neighbor, or to a citizen in private life, but to a public man on the theatre of national action, and one who had acted a part in composing national difficulties. It was evidently written for a purpose. It was in answer to Mr. Clay's expressed belief, that no design hostile to Southern slavery existed in the body of the Northern people – to concur with him in that belief – and to give him warning that the danger was in another quarter – in the South itself: and that it looked to a dissolution of the Union. It was to warn an eminent public man of a new source of national danger, more alarming than the one he had just been composing.