The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-07-30

do from its obligations It's citizens these
eaims and finding reasonable prospect that they
would be acknowledged, she ceased to press them
and the fact Of a treaty being made would not alter
the in single particular.
Neither did he admit that the United States re-
ceived any consideration from ceasng to prosecute
these claims. Why, it was said we were liable 20
France for nonfufment Of the treaties OF the revo-
luton. But when diduhis government ever admit
its liability TO France the ground Of these uea-
tries, He wanted the proof Of any such fact.
Mr.. THoMASSON, Does the gentleman pre-
tend TO say that this Congress could repeal the stp-
ulatons Of treaty.
Mr.. THURMAN. Does the gentleman pretend
10 say that in of treaty stipaanons between
two nations, cannot put an end 10 them Had
the government less power thsu an indyid uak In
Of contract between two individuals the VIOLA
tlou by one OF them set aside and rendered nun
the contract So with the government The Uni
ted States make treaty with France; We refuse 10
execute it, and IL this is done good and sufficient
grounds, then the government was liable 10 no dam
ages. "#.. ..
Mr.. THoMASSoN inquired if all the slPuls-
tons Of the treaty had NOT been complied with on
the part Of France and II all the failure not on
the part Of the United States, ...s r.
MIR. THURMAN. No, sir. Not at all. He
denied entirely that France executed her part of
these treaties, as the gentleman supposed.
What did the Congress Of the United States
dertake to doi (Mr. T. had not before him the
documents he had no idea Of this bill being
brought up to-day, or Of speaking on il) To say
that this treaty should not be executed on the par
Of the United States. And what ground For
the expressly rected in the act Of Congress-
that France had failed 10 her part Of those
treaties, and therefore the United States had per
feet right TO say she would not execute them fur
Their.
Every government had the power to say she
fRaa N.fhs
required and justified II The power Was essential
10 the very existence Of government For instance.
suppose weak nation has treaty which binds IL
TO make war with another--a nation powerful
that the result Of that would be the ntter extne
ton Of the hrst-nsmed naiion;-~as there no power
in her TO say she would not execute that ueaty-the
execution Of which would result in the humiliation
Of her political existence IL the government re.
fuse, and without good grounds then she is answer
able IN damages; bat still she has right TO refuse
execute Il, and il IL is good reasons then she Is
ans~erable for no damages. And that ID the case
here
He said, then, that there was no admission on the
part OF the United States that they ans~erabe
| to France for the execution OF these treaties. And
he SAID further, that the obligation Of these treaties
| was grounded 90 the question, What was the true
meaning Of them Now, what France claimed IN
der these treaties dependent on a construction
Of them which the United States had steadily refused
10 admit Let any one read the argument Of Gen
| era Hamilton al the time Of General washington's
proclamation, and then tell him xhelher il was clear
the United States had violated these treaties. Gen
| demea bsgged the questions when they said these
| treaties were violated. They put the French con-
sirucuon-not the construction OF the United States
upon them. France claimed thai the United States
was bound to become their ally In the they
carrying on with Great Britain. The United States
denied that this the true construction; that the
had not arisen under the treaty which required
them to take up arms as an ally Of France against
England
He said in this case the United States had re-
oeived no benefit whatever from ceasiag TO nego-
tiate- The contrary was assumed, IN order 10 es-
tablsh the validity Of these claims upon the govern
ment Before you can prove IT, you must prove
that the United States was liable 10 France
That is not proved. Next you must prove that the
United States was bound further 10 negotisie-fur-
ther to press the settlement Of these clslms- BE
denied Il. he denied that they had not done al
they were bound 10 de; and therefore this second
propositoa necessary to be proved by the support
ers of this ball. falls 10 the ground. ...
Mr.. II. rested the oase, then, on the argument Of
the distinguished senator from South Carolina
which he had never heard answered--Eir-. that no
government Was bound to 60 10 war on account of
spoliauons ike these, IN good faith 10 It's crens- IL
was bound 10 negotiate, 10 demonstrate, to presen;
the claims IL may be proper 10 20 further, but il
is not bound TO 20 further. The United Suites ~enf
as far she bound 20; and IL being perfectly
MANI 81 mat rance never would pay anything OF
these claims and the United States having done all
il WAS bound do in good faith to seitizens these
men have not suffered by the action Of the govern
meni Of the United States. He did not believe any
gentleman who looked at this matter candidly and
fairly could entertain the OPINION tina; the French
government ever would have paid for these spolia-
tons. These men, then, had lost nothing by the
ton Of their government
AT this point, without concluding his remarks,
Mr.. I. moved thai the committee rise; which being
agreed TO.
The committee rose and reported
The House eoncnrTei in the acton Of the Com
ntiee Of the Whole the state Of the Union, con-
curing IN the amendment Of the Senate the 'sb
repeal that pan Of the Of tie thirJeth August
eighteen hundred and forty-t~o which imposes
duty Of twenty per cent I'D rslorem on Java coffee
and refund the Discriminating tonnage duties lev
red Spanish vessels (sxcep; those from Cuba ard
Porto Rioo) by the kei Of the thirteenth july
eighteen hundred ard thirty-twor
On motion Of Mr.. JOSEPH R INGERSOLL.
the House took NJ the bill from the Senate pruvld-
ing for the payment Of evidences Of public debs IN
certain cases.
The amendment reported BY the Committee Of
Ways and MeAps1 was oonenrre3 in,
Ard the bill was resd third ume and passed
And The House sdyourned.