The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-23


for ndemnlies, and for recog non and renewal of the
ancient treaties the original qua the part OF
France, were reserved by the following article
'ARr. q The ministers pleni poentary OF the par
ties NOT being able agree present respecting the treaty
OF all 9th oil February, l77s the treaty of amiy
and commerce date, and The convention Of the
l4h of November I75S, upon the indemnes mutually
due claimed The parties will negotiate further on those
subjects convenient time add nnti they may have
agreed these points the said treaties and conventions
shall have operation. and The citations OF the two coun
tries shalt be regulated as follows" n "
The United States amended the ne compact by strk
ing this second article altogether, and by adding
new one Which s limited its duration to eight years
bonapaute First Consul accepted the amendments with
an explanation, In these words
rroo.dd, That by this rsrenehn,snt the States
n9nnce sir respective peiensons which are The objects
OF the said (second) article"
The United States assented and the compact was ra-
fled as thus mutually amended, "A
This is the convention of 1900. The pretensons"
which France thus relinquished claims for indem
mites for violations OF the ancient treaties by the United
States, together with continuance and renewal OF
those treaties; and the pretensons" which they thus
renounced were the claims for ndemnes for spoliatons
upon the property OF American merchants, which the
States
| Mr. President, this review discloses-
/ First That the 9th day OF February l77s, and on
the 18th of November 7ss the United States and France
entered into reciprocal POLITICAL and commercial engage
ments mutually beneficial.
! Secondly That previously TO the 3oth of September,
1900, France violated her engagements by committing
depredatons in which merchants, citizens OF the United
/
lions of dollars, Of which, after allowing all claims adj
ustsd, there still remains the OF ten millions OF dol
lars, exclusive Of interest
Thirdly That the United States negotiated with France
for payment Of those damages, and also for release
from their ancient obligations and that France conceded
the claims for damages, but demanded national ndemni.
ties for violation OF the treaties by the United States.
and also a continuance and renewal OF them.
Fourhly That The United States renounced their claims
for damages in OF release by France OF the
treaties, and of her claims for damages
Filthy. That thus the United States confscated ten
millions OF private property OF their merchants. and ap
piled il tho purchase of national benefits under con
suon which declares that private property shall be
taken for public uses without just compensation to its
owners. a @r
II seems to result from these facts that the United
States became Immediately liable pay the American
merchants the before due 10 them by France and
this obligation was assumed by the United States
lieu Of their ancient engagements with France. undera
ken TO the establishment of the national liberty
and Independence, II becomes IN equity invested with
their sacredness and sanctions and therefore oush to be
regarded as debt incurred for the attainment OF the
sovereignty, liberty, and independence OF the United
States. - ....... IL.
| why, then, Mr. President, shall not this debt SO an
Gent and apparently SO sacred and so just, be dis
charged -.. ..E... ...
proceed 10 review the reasons which have been a,
various times assigned. .-.am
First The intrinsic Justice Of The CLAIMS has been ques-
toned s-.. ......a
The very learned and Justly distinguished senator from
Missouri, Mr. BENTON, in former debate stated that
France had justified these spoalons the ground that
the ships seized in part laden with goods belonging
to Englishmen who had borrowed the names OF Amer
leans, have not been able 10 find evidence 10 support
such pretension. On the other hand, the Diplomatic
angu of The United States constantly claimed that The
sufferers were American citizens. Sir, il these claims
are spurious then must be true that either Ellsworth,
Marshall, Pinckney, Monroe, Norris Jefferson, Adams
the elder, and Washington. were ignoraR OF the iac
that they couded 10 defrsud France. Neither position
can be true. The claims are therefore just,
An objection raised by the senator from Virginia Mr.,
HuSTERl falls under the head. II is, that the
French government have list or table OF the claims sub
mtied in 1903 which was presented to the French gov
eminent by the American commissioners and which
shows that the French the senator says supposed that
they paid under tie convention OF 1902 all the claims OF
American citizens have this table before me If the
honorable senator will refer TO the treaty OF $780, he will
find that stipulated for the payment of the class specified
in that table only-o w.t. debts owing on contracts-and
that the claims Tor the spolaons in question
omitted express The ground that they were excluded
by the treaty OF 1900 Here is the article OF that treaty
The debts contracted by OF the nations with
individuals OF the Other or by the individuals OF with
the individuals OF the other, shall be paid the
may be prosecuted 10 the same manner as II there had
been no misnnder,andpg between The Two States. Bn,
Of copIs' CONTRIBUTIONS "-potns Of Stat at Large,
p $50
| Then, wha, is left on, Of this table The reduced
amount IN the Apprehension OF the senator from Virginia.
fMr HUsTER,l IL Just acy that portion oil the claims
lett out Of the treaty. and which IS the subject OF the pres
-nt bill.
Secondly Il has been objected in late years that the
dams belonged 10 spectators Certainly few OF the su-
ierers survive. and all will have departed But the
claims tDey Tie property oil thOse SUI
ferers As property they could be transferred and trans
mted by assignment will, and administration These
are only modes IN which property is perpeluated and
this capablly of being perpetuaed is inherent IT, and
is always rgnuly and necessarily recogn missed and pro.
tected by all governments with proper limitations lnd
vidua property is the ballast OF the State. Wo the
State that casts II ovcrboard That State is drift
away aud TO break upon the rocks. But the allegation
that spectators have purchased these claims ia DENIED
while the bill protects the public II It be true None but
a lawful assignee take any benefit from the BILL nor
he receive IN any than he actually paid for
4 the claim
Thirdly II Is saul that ME euidences of he dam, and
/ Of Atts must necessarily be loose aud aconoiusicc
However this may be, the fault does not rest with the
claimants, while the loss will tall upon them. More.
over, they must produce legal evidence The United
States can justly ask no more.
Fourhy II isdenied that The Unded States exchanged
release of The etons for release Of t ancient treaties
We have t5at IN form at least the treaty of $500
such exchange OF those equivalents. II was I'M
dersood To- be such exchange IN effect, when made
Robert X Livingston said:
lit viii be well recoeotcd by the dsgngu shed charac.
who had the tnsgemont of the negotiation that the
los illegal captures with damages and indempi.
ttes demanded on the SIDE aud the renewal OF
tbs I77S the other that they considered
Of the second article L<ier 1ah,yra~d dprtt H. 1902
Napoleon at ST. Helena, declared, that the suppress.
sion Of the second article at put end TO the prv
leges VIII ch France had possessed by the treaties Of 1875
and annued The Just claims which America might have
bad for injuries done in time of peace
uIh Gourggnd
| Notwithstanding these and similar contemporaneous
exposons has been insisted here by two oil my very
eminent predecessors, MIR Wright and Mr. DIX, as web