Monroe, James (1758-1831) [Report defending actions as Minister to France]

[draft]
Believing that I had been insured, by this settlement of my accounts, for services in former stations, I deemed it proper to bring my claims before congress, on the 5th of Jany. 1825., at the ?inspiration of which session, my term, in the high ---, with which I was then honored, -----. I did not ask a decision on those claims, at that time, but sought only to bring them, under consideration, they might be decided on, after my retirement.
As objections were raised against those claims, during the last sessions, to which the observations which I had presented to the committee, to whom they were referred at the preceding session, did not extend, it became necessary for me, to give further explanations, applicable to each objection, so far as I was acquainted with it, & having no direct correspondence with the committee, I requested the ---- , to attend in Washington, to receive those explanations, & to communicate them, to those, who might be willing to pursue them, which he accordingly did.
It may readily be conceived, that it was impossible for me to advert to claims, founded on presumed ?inquiries, in the settlement of my accounts, without taking into view, the causes which produced them. The great lapse of time which has intervened, may have erased those occurrences, from the minds of others, but with the individual, all the incidents, which affected profoundly his character, his welfare, & and his peace, remain connected through life, and it is natural for him, to review them, with deep interest in his retirement, especially if recalled to his memory, by others of a like kind, proceeding from them. My --- from my first ------------ of 1794, was the grounds on which the claims, [2] arising under that mission was principally founded. Possessing documents, illustrations of my conduct, in the very circumstance for which I was recalled, that were never used before, it seemed incumbent on me, to make them known on that very interesting occasion. With that view, I transmitted them to Mr. Go??, with the explanations specified, t be used in like manner. I took that measure with no unfriendly feeling to any one; indeed such feeling, so far as it ever existed, has long since eased. My object was to place my conduct, by such additional evidence as I ?proposed, in an occurrence, of high importance to my country, as well as to myself, in the light, in which, I knew, that it ought to be viewed. I was very anxious also, to make known, the mind & ---- sentiments, which were expressed of me, by the illustrious individual by whom I was recalled, on --- information of my conduct, from a very respectable friend, in whom he confided, who was with me, & well acquainted with it, at the period when my recall was decided on. The favorable opinion of that individual, was always an object, of the highest interest to me. I had served under him, as a ---, in our revolutionary army, and had witnessed his very exemplary conduct, at the most difficult and perilous epochs of that great struggle. I had receiv'd his approbation, of my conduct, in that struggle, & been promoted by him. I was a member of a revolutionary congress, in 1783, & present, when he resigned his commission as commander in chief of our armies, & retired to private life. I knew him at his residence in retirement, as I afterwards did while a member of the senate, when at the head of the govt. to which he was called, by the ---- suffrage of his fellow citizens, and I have always cherished the highest respect for his memory, & admired his great virtues & talents. [3]
There was another instance in which, my character, had been assailed, in that mission, the circumstances attending which, I thought proper- to avail myself of that occasion, to ecplain. After my reception in Augt. 1794, by the national convention of France the committee of public safety, offered me a house, for my accommodation, as the misister of the U States, in any part of Paris which I should prefer, and sent me a carriage & horses, without waiting for my answer. I declined the house immediately, on the principle, that the acceptance of it, was forbidden by an article of our constitution, and after retaining the carriage a few weeks, until I had obtained one on my own, I return'd it with the horses, with a request that I might be permitted to pay for their use, in the ssame manner, as if I had procured them as an individual, which was granted, & perform'd. At the instance and earnest pressure, of many of my fellow citizens, who were then in Paris, who thought, that the refusal of those accommodations might revive suspeicions which had before existed, and that the purchase of a house on my own account would have a good effect, and be useful to them & to our country, in the then state of our affairs, I bought one of an individual, declaring to those in power in France that I did it, to accommodate me as the ministers of this ally, and with intention to offer it to my govt., on my retirement, on the terms, on which I had purchased it. Having documents to prove this fact, with the heavy loss, which I sustained, in consequence thereof, as I believ'd by my recall, I forwarded them to Mr. Gouverneur, with the others.
Soon after my recall from this mission, I was appointed [4] by my bative state, to the office of chief magistrate, in which I served the constitutional term of three years, & ---- from it, with the approbation of my fellow citizens, as was -------, by the vote of the general assembly, & more particularly, by the manner in which it was given. My affairs requiring it, I resumed immediately my station at the bar, and with a fair prospect of success. I was at no time rich. My landed inheritance in Westmoreland county, was small, but --- it was something. By the sale, and investment of the amount received for it, other lands, as soon as I arrived at maturity, I had laid the foundation of independence, & should have attained it, had I pursed the profession of law for a few years longer, for I possess'd, at the time of my appointment, on my first mission to France of 1794, more property than I now hold, and owed comparatively nothing.
At this moment an event occurred, which produced, great excitement throughout our union. By the treaty of ------------, between France and Spain, the latter had ceded to the former, Louisiana, and had ?suppressed, as is believed, at the instance of the then gov't of France, our deposit at New Orleans, the right to which, had been secured, by our treaty with Spain of 1795. The excitement produced by that act, was universal throughout our union, and particularly ardent in the western country, the commerce of a large portion of which, was dependent, on the free navigtion, of the Mississippi. The aggression justified was, and many were prepared to risk it, by removing the obstruction by force. The President preferr'd a different policy. [note on back of page 4]: a note- see, --- journal of Congress- foreign affairs- vol: 4th. pa:87. augt 29. 1786. [5] He resolved to make an ?experiment of a pacific character, by a special mission, with intention to resort to war, so far as depended on him should that mission fail. In this emergency, he demanded my service, and nominated & appointed me to France & Spain, without consulting me, but with a perfect knowledge that I should not decline, the mission.
Independent of any favorable opinion, which the President might entertained personally of me, arising from the very friendly relations which had so long existed between us in public & in private life, there were considerations known to the public, which doubtless had weight with him, in making the appointment. My goal in favor of the free navigation of the Mississippi, had been ?shown on several important occasions. As far back as the year 1786, when a member of the revolutionary congress, I had strenuously opposed, a ?projected treaty with Spain, By which, had it been concluded, the use of that river, would have been suspended for a term, and our right to it, as I thought, impaired. It was known that I wrote the paper, which was presented by the delegates of the state, in opposition to that project. I mention this occurrence with no unfriendly feeling to Mr. Jay, our then secretary of foreign affairs, for no one thinks more highly than I have done, & still do, of his talents, revolutionary services, and general merit, which I take this occasion, with pleasure, to declare.
Another instance had occurr'd, in which my goal, in favor of the free navigation of this river, had been displayed. In Jany. 1795 in my first mission to France [6]

[on back] I was the first minister, who had been presented to the republic, had ---- those great mov'ments against them, those of ------------, in the latter of which Barras, commanded the national guard, & Napoleon Bonaparte, acted under him. This occurred at the moment, when the convention was engaged, in the act of transferring, the govt. from itself, to the directory, & to the two councils. I was in the hall of the convention, just before the ?attack commenc'd, and retired from it, at the instance, and under the guidance, of some of the members, who led me through the carousal, by their [----] whose matches were lighted, bearing up towards the stout--------, when those of the sections, were pushed, & lighted against them. I had scarcely pass'd the latter, when the action comenc'd, at about 4 oclock p.m. & which continued till 10 at night. No other citizen of our union, held the same relation to them. ---- in view &-------------, which give an acct. of those three movements viz. April 14th 1795 pa: 145- June 14th 1795. pa: 168 & Octr 20. same year- pa: 269.
[note written at the bottom of the page]: In the view which I printed, on my return, from this mission,-"notes on Mississippi communicated to the com: of P.S." pa: 134.

[On p.7 Monroe switches to the third person to narrate his claims. There also appears to be a page or pages missing.]
[7] of the negotiation would essentially depend, on the part the French govt. might take in it, whose aid had been promised., and which he was then assur'd, should be afforded, on a --- occasion, he resolved to proceed forthwith to England, & to postpone his mission to Spain, ?until the treaties with France, should be received, and if approved, be notified by his govt., and an order be sent to him, by it, on a thorough knowledge of all circumstances, to proceed to Spain. Accordingly he proceeded to England, & the mission being stationary, and not a special one, an outfit was allowed, as a thing of course. It was however special, in all the circumstances connected with expense, for expecting an order to proceed to Spain, in a few months, he could make note of those arrangements, which as a stationary or resident minister, he might, & doubtless would have done, to avoid it. He remained in England in that state, 14 months, when he received the order form his govt., to proceed to Madrid, & to take Paris in his route, for the purpose stated, which he promptly obey'd, as soon as that mission shod. be concluded, after a delay of a few weeks at London, to conclude an important negotiation which had been commenc'd, & left unfinished, on his departure for Spain.
For the sum which was advanc'd to Mr. M., on his appointment, to this his second mission, he was held accountable, & he was accounted for it . As the advance, was made, on acct. of the expenses of his voyage, and journey to Paris, & of his mission to Spain, and as his expenses on his arrival at Paris, where he was [8] well known to all in power, would be great, the application of a large portion of it, to his private concerns, before his departure, could not fail to subject him to serious embarrassment, on his arrival, at his station. It is not contended, that he failed, either there, or elsewhere, to apply the sums necessary to support the ?credit of the station, whence it must follow, as the salaries allowed to our ministers, especially to the principal powers, are altogether inadequate, far below, not even 1/5th of the salaries, which those powers respectively, allow to their ministers, that he must have been ---- every where. That he was so at home, is apparent, from the sale, if not the sacrifice of his property in his absence, and that he was so abroad , may fairly be inferred by the debts which now press on him, and which threaten to absorb the residue.
When Mr. Monroe's acct., was settled for this second mission, it appears, that for the mission to France, he was allowed nothing, except his salary: that no allowance was made, to enable him to settle his affairs at home before his departure, nor to ?bear his expenses, from home to New York, nor for his detention there for his instructions for his voyage & journey thence to Paris, for the heavy expenses ---- to his arrival & residence in Paris, during the negotiations, except the salary. The money which had been advanced to him for those latter objects, was diverted from them, and charged to his outfit to ?England, with which mission he was unacquainted, until all these expenses had been incurred. By the settlement, in this --- he was brought in debt, rather more than $9,000. Had the settlement been made, on the principles, on which the money was advanced, making - allowance for those expenses, and for the sum paid for his passage, in a vessel, in which he did not sail, the balance doubtless, would have been, would have been deducted, and by which the balance would have been reduc'd in equal amount. But by allowing the outfit, in the settlement, and thereby changing the principle, on which the money was advanc'd, that sum was excluded, and in consequence the balance augmented in equal degree. As he fell in debt, at the time of the settlement, little more than the amount of the outfit, after charging him with every cent which he had receiv'd, in his several missions, in satisfaction of which debt, the outfit, was then admitted, it follows, that if it had been advanc'd, at the time of his appointment, he would have owed nothing, & have avoided, in other respects, greay embarrassment & loss. It is further to be observed, that if the sum expended, in his journey & voyage, to Pair, & the salary due him on his arrival there, are deducted, from the amount advanced, before he sailed, altho' the outfit, had not been allowed, the accommodation afforded him by that advance would have been trifling. To withhold money from him, on a principle, which was admitted to be untenavle and given up, buy the withholding of which he was brought in debt, to the public, & to give to such debt the character of an outfit, which had been disclaimed & refused, and on such assumed character, to refuse interest, on the outfit, [9] for the time it was withheld, and interest on the thereof amount at the time it was allowed, from that time, till paid would appear strange. The ?imposition of it would be the greater, and more manifest, from the consideration, that if the proper allowance had been made, when the account was settled, for the entire: expenses, incident to his detention in England, the two years & four months after his return Spain, the equity of which was then admitted, the govt. Would have been considerably in his debt.
The difference between the allowance of the outfit, at the time of his appointment, before his departure, & at the end of his mission, on the settlement of his account, & for the payment of a debt, besides the mortification of being placed in that state, may readily be conceiv'd. Had it been allowed, in the first stage, the money would have been his own & would have been accountable to no one for the application of it, and he might have ?avail'd himself of it, for his private engagements, as well as his public duties, according to a just calculation, & correct sense of the obligation, in each ?instance. But my refusing the outfit at the time of his appointment, on a principle of --- , and making the advance for special purposes, his hands were tied up, in the use of it, and it may be distinctly seen from a detailed view of the account, as settled on his return, as well as by the effect produced on his property at home, that a small sum, of the money advanc'd to him, on his appointment, was applied to his private purposes. Altho' his expenses to Pairs, and [note on back of page]: See Col: Lewis's letter among the Docts. I met him by accident on a late visit to Albemarle, & requested him to state the amt. of money which I advanc's to him on my departure for the U.S., on my last mission, the sum which ----------- the sake of my property in my absence, the price recd. for it, & the present prices, which he has done. [10] at Paris, on his arrival, and in the negotiation, had been considerable, yet it appears from a view of the account, when he received his appointment to Engld. that the public was indebted to him, a portion of his salary, or rather that he had not drawn for it on the bankers, form whom he was authorized to receive it. It appears also, that at the end of the year, while in England, altho' no allowance was made to him, in the settlement, on the principle, on which the money had been advanced, before he sail'd that advance was charged against him, on a new principle, and applied to his outfit to England, that they were still indebted to him. It was by his ling detention in England, before he received his order to proceed to Spain, and his detention there, after his return from Spain, under the circumstances ?heretofore stated, that his expenses and debts accumulated to such an amount, that the interest on the outfit, and the amount of his other claims, if allowed, however liberally view'd, will fall far short of the demands against him, and for which he must pay, by the sale of his private property. Mr. Monroe never owed to his country one cent, on the contrary, his country has been indebted to him by the rules applicable to others from his first mission to France of 1794, and no trifling sum especially if the amount be estimated, by the effort, produced, on his private property. To how many of the public [11] servants, paymasters, & --- masters and others, does the gov't. advance money, to enable them to satisfy the just claims of others, which in their hands they never in part, for years, and without demanding from them interest for it, or making any deduction from their just claims, on the settlement of their accounts, for such advances? When the nature of the trust, which was committed to this individual, and more especially its importance, are consider'd, of which a just idea may be formed, by a perusal of the letter of Mr. Jefferson, then President, who kindly permitted it to be communicated to the committee, does it not appear that the motive was -------- for making a ---, and if the advance made, was, from motives of economy, which are always commendable especially in a republic, more limited, than had ever been made to any other minister, in times & under circumstances, in all respects, more favorable, can any just cause be assigned, why the inquiry resulting from it, so far at least, as to place him on a footing with others, with the common allowance of interest, on the sum withheld, should not be [required or repaired]? IT should be recollected, that this appointment had not been sought, nor expected, that he was taken from the ---, to which he had [12] just return'd, --- with a fair prospect of success, after having serv'd his native state., the constitutional term of three years, in the office of chief magistrate, & under circumstances of great difficulty, arising from his former mission.
On the second item, of this, the second mission, the claim being for money paid, for a passage, engaged in a vessel, in which he did not sail, no comment need be made; nor need there be any on the third, which relates to the contingent expenses of that mission. The claims only in the latter instance, a corresponding allowance, with that which was made to ------, under circumstances more favorable to economy, ---- having been then, a ---- portion of his [either time or came] in peace, whereas during the whole term of Mr. Monroe's service, war prevail'e. It is known, tha at state of peace, is more favorable to economy, than a state of war, in all contingent expenses, and indeed in every other, & especially in the article of postage, which is very heavy in England. The full allowance made to --- , is therefore deemed, only, a fair one to Mr. Monroe.
The 4th and last item is for extraordinary expenses, incurred by his detention in England, after his return form Spain, two years and four months, by which, having the permission of the President to return home, and being prepared to do it, from month to month, he was exposed to the greatest degree of expense, [back of p.12] that any mission could be subjected to. The causes of detention as ---- by him, & known to the union, were such, as would have made it highly improper for him, to have sail'd, sooner than he did, had he had a vessel engaged, & waiting for him, at the port the whole time. The --- of our vessels, by an order founded on the principle of that of Novr. 1793, and against which he remonstrated, in the most decisive terms, was one. A negotiation ensued, which he could not abandon. The special mission, on the result of which, the peace of the union hung, was another. The attack on the Chesapeake, to which his attention was drawn by his govt., and which involved consequences not less serious, was a third. Has he withdrawn, at such a crisis, neglecting these high concerns of his country, be the expense attending his detention what it might, he would have incurr'd, & merited, the concerns of his fellow citizens, throughout the union. Shall these extra: expenses fall on him, or be ?defray'd by the public? The fact is they have fall'n on him, and are among the causes of a like kind, which nave subjected him to debts & losses, for which the reparation claim'd cannot indemnify him. This claim was prevented in 1810, when his account was settled, and as is stated, the equity being admitted, was suspended by the order of the President, for further consideration, & has never been acted on since. Mr. Monroe was soon afterwards called [13] into the department of state, in which he had official cognizance of the subject. From that office he was elected President, by which went his power over it, was augmented. It requires no augment to prove, that during the whole term of his service, in these offices, he could not touch the subject. We see on the contrary, by the documents reported, that he would decide on no claim, which involved the same principle with his own.
Such on the claims of Mr. Monroe, & the ground on which they rest, & it is not perceiv's on what sound principle, they, or either of them, can be rejected, with the interest on each, from the time that it became due, till paid. If injustice was done to him, by withholding the money to which he was entitled, in any instance, no good canes can be assign'd, for repairing, to render justice to him, in other instances, in his missions, or was more expended by him, in any branch of his ---- than was expended, in a like service, by others? Nothing of the kind can be alledg'd with truth. No accommodation, was afforded to him in any instance, which was not afforded to every other minister, & the untmost economy was practiced by him, throughout his several missions, which was practicable. The claims only, to be put on a footing with others, under circumstances which exposed him to greater expenses, than they, & in the instances, in which a difference, was made to his prejudice, simply by the payment of the money, which on that principle was due, with interest on it, from the time [14] it became due, till paid. He does not ask an indemnity for losses sustain'd, by the withholding the money from him, in the way of damages, however just the claim might be what that would amount to, has not been stated, but it may be shown that it would by great. Nor has he asked compound interest, which he has been compelled to pay himself.
As to the period at which the interest should commence, on well founded desires, that seems to be too obvious, and is too well established, in transactions, between individuals in private life, to admit a doubt. When did the money become due, if due at all? Where was he at the time, and in what acct. did it become due? Each item speaks for itself. Those of the first mission became due, for the contingencies, annually, and for his detention, in France, during the winter, when he could not bear the country, at the time he sail'd, which was on the 20th of April 1897. Those on the second mission, on the outfit withheld, from the time of his appointment till paid, or allowed on the payment to Mr. ?Vicks, for the passage engage for him and his family, in a vessel, in which they did not sail, from the date of the payment made to him. For the contingencies & expenses incurr'd by his detention there, after his return from Spain, annually for the one, and on the termination of his mission in the other, tho I am inclined to think, that it should be annually, in both. At those periods, the money claimed, was expenses by him, and much more, and not having the funds himself, was borrowed, & is still due, on which he has paid an interest simple & compound for a great part of the term, through the whole intervening space. To fix the commitment for the interest allowed to him, to later periods, would not be to render to [15] him justice, especially after so long a delay. He was in France, or England, when the money was expended, and he could not meet the expenses, nor get home, without borrowing it, nor borrow without paying the interest on it.
Such claims, should not be settled, by the ordinary rules, which apply to transactions at home, because the situation of the party is different, and in circumstances of peculiar interest, to the country as well as to the individual. The character of our republic which is looked at withjealousy by the monarchs of Europe, is connected, not only with the official conduct of the minister, but with every incident attending him, while there. For the errors, & even the vices of the ministers of each other, liberal allowances are made, but no such indulgence is shown to us. He must support the rank of the station, which at their respective courts, and until his retirement from their countries,or his nation will be degrades. Simplicity at home, even among the most wealthy of our citizens, is commdendable. The spirit of our govt requires it. But in our intercourse with foreign powers, in the grade in question, some accommodation with the usages of cash, in their respective countries, is necessary. To depart from it, is deem'd a contempt, & cannot fail, to be production, of injury. The burden of these charges, fall with great force on Mr. Monroe, in his last mission. A minister to a single power, may after establishing himself, retire from society, if he desires, and supporting a decent appearance, when forced into it, may sustain his credit. But one who is minister at the same time to three of the principal powers in Europe, an who moves from one to the other, is always in the circle of those who compose the court of each, and exposed in consequence, and by necessity, to the greatest expense.
The act of limitation has been urged as an objection to these claims, but can it be plead against a person, who has been almost the whole of his time, in the service of his country, and a large portion of it, when not abroad, in stations, which render'd it impossible for him to touch the subject? Can the act of limitation, ever be plead by the govt. in its own favor, to justify a refusal to repair an injury done by itself, especially to an individual, who has refrained from delicacy, & a regard to principle only, to press his claims? Could he have refused, to obey, the voice of his country, in any instance when called on, and have assign'd as a reason, that money was due to him, for former services, anduntil that was paid, he would render none other? Was it not rather his duty, to obey the call, and is it not fair to presume, that he would have obey'd it, in the difficult conjunctures, in which he has serv'd, be the effect on his claims, what it might? Did not such call waive any plea of this kind, even had it been well founded?
To enumerate the large amount of salaries, which Mr. Monroe has received, in the impotant affairs which he has held, is only to show, the great length of time which he has serv'd. Were the salaries intended fro the profit of the individual, or to support the credit of the office? If the latter, to retire from office [16] under the pressure of heavy debts, is a proof that hw was no unmindful of what he owed his county. That he held more offices than many others, was owing, to the generous confidence of his fellow citizens, for it is certain that he has been called on to those of high importance, in his absence & without his knowledge, of which several examples might be given, if it were necessary to enter into the subject in that view. One he noted in the observations, which he presented to the committee, at the last session, because he deemed it material to his claim. Beyond that he did not go. To have devoted his services, to his country, almost the whole of his life, from very early youth, in the highest offices, and at the most dangerous epochs, unprofitably to himself, is all that could be expected of any citizen. To have his private property, which he held before he entered into those offices, swept from him at the ?expiration of his service for the payment of debts, contracted under the circumstances stated, is an injury to which no citizen ought to be subjected.