colonies,
and from our own ports, and of the productions of the colonies in return
in her own vessels. To this claim the United States could not assent,
and in consequence each party suspended the intercourse in the vessels
of the other by a prohibition which still exists.
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 a 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 eighth 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 eighth article of the treaty referred to it is
stipulated that after the expiration of twelve years, during which time
it was provided by the seventh 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 favo
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