Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The same conditions were offered to France, but not accepted. Her
Government has demanded other conditions more favorable to her navigation,
and which should also give extraordinary encouragement to her manufactures
and productions in ports of the United States. To these it was thought
improper to accede, and in consequence the restrictive regulations which
had been adopted on her part, being countervailed on the part of the United
States, the direct commerce between the two countries in the vessels of
each party has been in great measure suspended. It is much to be regretted
that, although a negotiation has been long pending, such is the diversity
of views entertained on the various points which have been brought into
discussion that there does not appear to be any reasonable prospect of its
early conclusion.
It is my duty to state, as a cause of very great regret, that very serious
differences have occurred in this negotiation respecting the construction
of the 8th article of the treaty of 1803, by which Louisiana was ceded to
the United States, and likewise respecting the seizure of the Apollo, in
1820, for a violation of our revenue laws. The claim of the Government of
France has excited not less surprise than concern, because there does not
appear to be a just foundation for it in either instance. By the 8th
article of the treaty referred to it is stipulated that after the
expiration of twelve years, during which time it was provided by the 7th or
preceding article that the vessels of France and Spain should be admitted
into the ports of the ceded territory without paying higher duties on
merchandise or tonnage on the vessels than such as were paid by citizens of
the United States, the ships of France should forever afterwards be placed
on the footing of the most favored nation.
By the obvious construction of this article it is presumed that it was
intended that no favor should be granted to any power in those ports to
which France should not be forthwith entitled, nor should any accommodation
be allowed to another power on conditions to which she would not also be
entitled on the same conditions. Under this construction no favor or
accommodation could be granted to any power to the prejudice of France. By
allowing the equivalent allowed by those powers she would always stand in
those ports on the footing of the most favored nation.
But if this article should be so construed as that France should enjoy, of
right, and without paying the equivalent, all the advantages of such
conditions as might be allowed to other powers in return for important
concessions made by them, then the whole character of the stipulations
would be changed. She would not be placed on the footing of the most
favored nation, but on a footing held by no other nation. She would enjoy
all advantages allowed to them in consideration of like advantages allowed
to us, free from every and any condition whatever.
Public-domain text, read in full here on John Shaqi.
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