Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-10-14


" VIII not be pretended for Inomentthe suggestion
would DC in)urlcusthat his present aiesty contracts
wonid not he binding ON his successors however they
might ccrnc 10 The .rOnc. the ground that the Con-
rIessUi Vienna body unknown TO the Dutch CON
Stitu;on a"" that the nation OF the Netherlands never
asseute@ {" lts acts. This argnmcnt which deli
cacy iorGids 70 he Stated to the Dutch government,
bat we apPrehenl 70 ta Of itself decisive Of the ques
;iun.
In pursuing the discussion, Mr. Everett urges at
length, that the obligation of treaties and con-
tracts IS allowed to survive the change of dynasties
that the obligation to redress wrong is at least as bind
ing that o: paying debt; and that all the great pow
Of Europe have gNen their sanction to the Anner
claim 10y becoming parties TO the treaty at Paris
May 30, ISL by the nineteenth article of which, the
present government of France undertakes to lquidate
private debts OF various kinds due nv the former 90
rernment. ut presumed,' says MIR. Everett, that
the subjects of his majesty the king of the Netherlands
among the rest, enjoy present the benefit of this ar
rangenent, and have received payment from the pre-
sent French government of debts TO n large amount
that were due TO them By The last. 1t would seem not
unreasonable. therefore, tIat they should extend to
other nations the same measure of Justice, of which
they have obtained tic advantage themselves The
case Vi the bank Of Hamburger, to which we have aliu-
Ged IN the introduction oil these remarks is then a!-
ced; as well that seizure of cotton in The Grand
Duchy OF Berg BY the agents of Napoleon the owners
OF which refunded 10y Louis the Eighteenth to the
full value Of the cotton with twelve per cent interest
from the date OF the decree of seizure. The letter clo
SEES with brief bur cugent answer TO the argument
that the seizure being made by the French emperor,
redress anywhere must be sought of the French 20.
Yernment.
Atera delay of about four months an answer 10 this
note was returned by the Baron de Nagell After at
tempting to correct the statement of facts, relative
the cases OF the vessels mentioned by Mr. Everett this
answer denies the pcrnenCJ OF the authorities of Gro
titus and PutfenGori. cited by AI Everett in favor OF
the position that obligations survive changes of govern
ments bot add, The alarming remark that every one
knows that inductions aud analogics, drawn from the
principles oil the law o! natious lead naturally end
less discussions since is always easy to oppose autho
IitY to authority, and citation TO citation We have
called tis remark alarming but il is more il is an in
discreet and probably unntcntional ayowal of the wr
ter OF this diplomatic note, TO which the minister of the
Dutch government Subscribed his name that questions
between State and State longer decided by the
principles of the law Of naons.' Quote as many of
The writers this law you WILL the best approx ed
aoi III defence of the notorious doctrines under
secretaries and clerks stand ready TO oppose authority
IL authority, aud citation 10 citation How them we
ask, IS Question OF claim TO be settled if not bv refe
renee TO these principles Not of by reference
70 friendly sovereign, for he decide only bv these
same exploded and dcried principles of the law ma.
lions; and the Could before his arbtra-
lion, except accompanied BY that cloud OF counter
citations, which, according TO this most extraordinary
avowal, only neuaisc each other The result then is
that no claims TO be paid but at the point of the
bayone the claims of the strong against the weak
And in conformity with this doctrine ii is asserted in
terms very little disguised, the course of the Baron
de Nageii's note, that the indemnity paid by France
extortc lon her weakness; and this although the
king of the Netherlands came in for his full share as
shall see.
We shall not pursue this topic farther except 10 show
by one example. that 1t is not quite easy the Ba
ron dc Nagci has been taught to think oppose autko-
ry to authority, on questions of the law of natons.-
In the very paragraph preceding the singular assertion
Just cited, read the Baron de Nage's note as fol-
lows 'ru.iendori repeats the opinion OF Gruns near
~ In the same words, and admits, Of course, the
answers But besides that lie confessed that there are
differences OF opinion the subject and that the pas-
sage like that of rotuS refers to the Obligation which
natlon Is under, Notwithstanding the changes in tie
form OF government. to adhere its treaties contracts
and financial engagements the arguments he uses
taVors the opinion Of the government OF the Neither
'andS, Ii being that the people stu possess the PROPERTY
to 'ciich The debt is attached. But at tie unon of Hoi
land and France, the American cargocs were carried
away and confscated that Holland no longer posses
the property to which the debt if it be one is at
tached.' We will not stop to try this pretended doc.
trne OF Pudendor, by the dictates of common sense;
and 20 inquire Of the debt be attached to the Identical
property what would become in any case of claim
founded on the conscaton of perishable articles but
will quote Mr. Everett; reply to this notable cita-
tlon sufficient proof that not quite SO easy as the
Baron de Nageil had supposed, 20 strike balance of
authorities any question of national law. Nor is il
correct says Mr. Everett, stated in the answer
that this obligation attached BY Pu!Ecndori 10 the
possession of the identical articles, Of which restitution
rs claimed TIE pQssngo las been H!suaIc5Sood6yhc
''rjcr 81 Tie It follows, '!he nation is
not debtor precisely in its quality of boda polite but
as holder OF common property that the debt is at
aced to the possession OF thu property AMI passes with
It." The property meant is the general stock of tie ma
ton. In the Of lis remarks OH this subject !
Pg6ca@oy consjdcrs tie rGse Of 1s1pe,, ,c'o has
fscG'sd Inc pr0Pc1y II indiciduniS and tyanJtr7eG
10 torf}gncrS; and dccda mat The t7lSdcOn Is ru!id
an@ ttHt nc sggcrerS cannot jolioc their property
trough lis tGnd md r1tiam It Of the actual h6ilc1
liz thus df|Wiaes eTPrcsty that IKE ojignhon 10 re-
stare IS aiaeedo tie possession tie bin, f4icE
We confess that ills with Impotence that we see
oar citizens deradei out Of their hard earned proper
ty, while our public agents obliged TO spend weary
years, IN combating arguments like that we have now
exposed.
Bat to return to the Baron de Nagel's note his next
pont IS the very extraordinary that the indemnity
which France called on TO pay, was extored from
Ter by force that the result of the extraordinary
circumstances in which France found herself placed by
the fatality of events aud at the determinations Of
the allied sovcregn toward Ter marked by passions
which their personal generosity dsapproyes' Wilt he
believed that, out OF the indemnitcs, thus represented
10 be wrung by the overwhelming might of the allies
from thC weakness Of PROSTATE France the Ia in or m