Treaty of Aix-la-Chapelle

“ So ended the revolution of Aix-la-Chapelle.
Aix-la-Chapelle is still a venerable old city, especially when seen from a distance, [227] and its very name is connected with imperial ideas; Charlemagne and his chivalry, Kings, Emperors and Popes, wars, congresses and treaties, all of which have, at one time or another, been associated with its name. But it has now few objects of great interest within itself—its interest is with the past. ”

“ In considering the attitude assumed by the corps diplomatique at this juncture, it is very important to bear in mind, that in the transactions of 1814 and 1815, as well as in the minutes of Aix-la-Chapelle in 1818, the charter and the dynasty were considered equally under the protection of Europe, and were viewed as inseparable. ”

“ Should it even be refused, the refusal to settle a limit is not of itself a sufficient cause of war, nor is the withholding a ratification worthy of such a redress. Yet these acts show a purpose, both in Spain and France, against which we ought to provide before the conclusion of a peace. I think, therefore, we should take into consideration whether we ought not immediately to propose to England an eventual treaty of alliance, to come into force whenever (within — years) a war shall take place with Spain or France. ”

“ There was an obvious difference between treaties of peace and those of commerce, because commercial treaties frequently clashed with the laws upon that subject; so that It was necessary to be ratified in Parliament. As a proof that our present Articles of Confederation were paramount, it was there expressed that France should enjoy certain privileges. Now, supposing any law had passed taking those privileges away, would not the treaty be a sufficient bar to any local or municipal laws? What sort of power is that which leaves individuals in full power to reject or approve? ”

“ The principal articles of the treaty provided, that the contracting parties should mutually aid each other against all enemies; that they should reciprocally prefer this alliance to that with any other, the vicar of Christ excepted; that the Spanish sovereigns should enter into no understanding with any power, the vicar of Christ excepted, prejudicial to the interests of France; that their children should not be disposed of in marriage to the kings of England, or of the Romans, or to any enemy of France, without the French king's consent. ”

“ The king of France, about this time, through the means of the cardinal of Amboise, concluded a treaty at Cambray between the pope, the emperor, the king of Spain, and the lady Margaret, governess of the low countries. This treaty, although of no long duration, was the cause of the deaths of two hundred thousand men, as you will hereafter see, through the treachery of the confederates, in various battles and engagements that took place; and what is worse, we of the present time, unless God shall be pleased to apply a remedy, are still suffering from the effects of this unfortunate treaty. ”

“ Art. I. The High Contracting Parties above named solemnly engage by the present Treaty, and in the event of France refusing to accede to the Conditions of Peace now proposed, to apply all the means of their respective States to the vigorous prosecution of the War against that Power, and to employ them in perfect concert, in order to obtain for themselves and for Europe a General Peace, under the protection of which the rights and liberties of all Nations may be established and secured. ”

“ The Federal Council makes the most express reservations to the interpretation to be given to the statement mentioned in the last paragraph of the above Article for insertion in the Treaty of Peace, which provides that "the stipulations of the Treaties of 1815 and other supplementary acts concerning the free zones of Haute-Savoie and the Gex district are no longer consistent with present conditions." ”

“ The plenipotentiaries of Great Britain, Austria, France, Russia, Sardinia, and Turkey, assembled in February, 1856, at the close of the Crimean war, to negotiate what is known as the Treaty of Paris. It is evident from the Protocols of their Conference, that, having the Earl of Clarendon and Lord Cowley among them, they were intent on giving weight and perpetuity to this firman of the Sultan, by a formal recognition of it in the treaty. ”

“ What would the case be, sir? It would be buying of France authority to make war upon Spain; it would be giving the First Consul fifteen millions of dollars to stand aloof until we can settle our differences with His Catholic Majesty. Would honorable gentlemen submit to the degradation of purchasing even his neutrality at so inconvenient a price? We are told that there is in the hands of the French Prefect at New Orleans a royal order of His Catholic Majesty, founded upon the Treaty of St. Ildefonso, for the delivery of possession of this territory to France ”

“ Germany accepts all decrees as to German ships and goods made by any allied or associated prize court. The Allies reserve the right to examine all decisions of German prize courts. The present treaty, of which the French and British texts are both authentic, shall be ratified and the depositions of ratifications made in Paris as soon as possible. The treaty is to become effective in all respects for each power on the date of deposition of its ratification. ”

“ Under our system of government, treaties occupy a unique position. They are not only binding internationally, but the Constitution makes treaties a part of the supreme law of the land—that is, a part of our own municipal law. A treaty, if of later date, and in conflict with a law passed by Congress, repeals so much of the law as it conflicts with; but an unratified protocol, or any other international agreement, no matter by what name it is called, not submitted to the Senate, does not have the effect of a treaty, as that term is defined in the Constitution. ”

“ While France persists in her refusal to comply with the terms of a treaty the object of which was, by removing all causes of mutual complaint, to renew ancient feelings of friendship and to unite the two nations in the bonds of amity and of a mutually beneficial commerce, she can not justly complain if we adopt such peaceful remedies as the law of nations and the circumstances of the case may authorize and demand. ”

“ The ratification of the treaty gives universal joy to this Court and nation, who seem to be sincerely and deeply rejoiced at this connexion between the two countries.
There is no declaration of war as yet at London or Versailles, but the ships of the two nations are often fighting at sea, and there is not the smallest doubt but war will [251] be declared, unless Britain should miraculously have wisdom given her to make a treaty with the Congress like that which France has made. Spain has not made a treaty, but be not deceived nor intimidated, all is safe in that quarter. ”

“ I persuade myself, therefore, that Spain will not risk the loss of so important an object as the exclusive navigation of the Mississippi, by postponing the treaty to a general peace, more particularly as a treaty with us will secure our concurrence in their views at a general Congress, as well as save them the necessity of making demands inconsistent with that character for moderation, which their great power renders important to them. ”

“ The publication of the Treaty, in which the Emperor has behaved so admirably, will do an infinity of good—or will, at any rate, lay the ground for it—and this will grow as the terms of it are better understood. Why is an opportunity to be made for the light-minded and the evil-minded to point to other ambiguities or conduct on questions in which it is of such vast importance that France and England should have a common feeling? ”

“ The powers embraced by, or appertaining to foreign relations, are left to be regulated by the treaty-making power, or by Congress; and, if by the latter, are enumerated and specifically delegated. They embrace a large portion of its powers. But those relating to the exterior relations of the States among themselves, with few exceptions, are regulated by provisions inserted in the constitution itself. To this extent, it is, in fact, a treaty — under the form of a constitutional compact — of the highest and most sacred character. ”

“ The second treaty of Paris, which embodied this stipulation, also provided for an indemnity of £40,000,000 to be paid by France to the allies, and for the temporary occupation of Northern France by the allied armies. On the same day Austria, Great Britain, Prussia, and Russia signed a treaty pledging themselves to act together in case fresh revolution and usurpation in France should endanger the repose of other states, and providing for frequent meetings of congresses to preserve the peace of Europe. ”

“ Not only do the French government decline to entertain the idea of putting the covenant which constitutes the first and foremost part of the Treaty of Versailles into operation: they have gone so far as to intimate that they will treat any proposal of the kind as an unfriendly act. The constitution of the League stipulates that it will be the friendly duty of any power to move that any international dispute which threatens peace shall be referred to the League. ”

“ Whereas We have taken into Our Royal consideration the extensive and valuable acquisition in America, secured to Our Crown by the late definitive Treaty of Peace, concluded at Paris, the tenth day of February last; and being desirous that all our loving subjects, as well as our Kingdoms, as of our Colonies in America, may avail themselves with all convenient speed of the great benefits and advantages which must accrue therefrom to their commerce, manufactures, and navigation ”

“ To Isaiah's threats of destruction, the politicians of Jerusalem replied, We have bought destruction off! They meant some treaty with a foreign power. Diplomacy is always obscure, and at that distance its details are buried for us in impenetrable darkness. But we may safely conclude that it was either the treaty of Ahaz with Assyria, or some counter-treaty executed with Egypt since this power began again to rise into pretentiousness, or more probably still it was a secret agreement with the southern power, while the open treaty with the northern was yet in force. ”

“ On the other hand, that portion of Italy which was to be given for it was to be an unconditional transfer of people and territory, which, in the event of the failure of the issue of its new king, were to become absolutely a part of the Spanish monarchy. Neither contemplated any thing else, or that Spain should exercise a complete dominion in Louisiana, after having signed a treaty to cede it. There is not in the diplomacy of nations a more absolute surrender of dominion, than was made by the king of Spain in the treaty of St. ”

“ The articles of a general treaty do not appear so favorable to France, in point of territorial acquisitions, as they do to the other powers; but the magnanimous and disinterested scale of action, which that great nation has exhibited to the world during this war, and at the conclusion of peace, will insure to the King and nation that reputation, which will be of more consequence to them, than every other consideration. ”

“ But since they do not do this, surely it would not be bad policy, even if we gave up more to France in other respects, to prevent her appearing in the treaty as in any respect the champion of America, or as having made any claims for her; we giving her up everything she wants equally, and her future confidence and alliance being such an object to us. ”

“ There is a strong disposition in our countrymen to discontinue even these; and very possibly it may be done. Consuls will be continued as usual. The interest which European nations feel, as well as ourselves, in the mutual patronage of commercial intercourse, is a sufficient stimulus on both sides to insure that patronage. A treaty, contrary to that interest, renders war necessary to get rid of it.
I send this by Chancellor Livingston, named to the Senate the day after I came into office, as our Minister Plenipotentiary to France. ”

“ On the other hand, the queen agreed to give full freedom of faith and speech, and to admit neither a French nor Scotch garrison to the town. The conditions were signed by the Duke of Chatelherault, the Earl of Huntley, and D'Oyselles, to whom the negotiation was entrusted. The Reformers, before quitting the place, issued a proclamation, in which they made a false representation of the treaty, giving at length a statement of the privileges conceded, but concealing the conditions by which they had bound themselves to make no aggressions on the opposite party. ”

“ The suggestion I have made demands further consideration from the fact that a new Treaty, negotiated between me and the Emperor of the French, has lately been returned from Paris, accompanied by the formal ratification of the Emperor. It now awaits a similar concurrence, on my part, to render it effective. In accordance with the provision of our Constitution, this Treaty is now under consideration by me, in my Privy Council of State. ”

“ It is towards this end that their united efforts have been constantly directed; it is their sincere desire to maintain and to consolidate the result of these efforts, which has dictated all the stipulations of the New Treaty. His Most Christian Majesty will perceive in this Act the solicitude with which they have concerted measures the most proper to remove every thing which might in future endanger the interior repose of France, and prepared remedies against the dangers with which the Royal Authority, the basis of public order, might yet be menaced. ”