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

he vel held the reins OF State. or with The National ~
seu,bly while abollshng the monafehy' With M
ephemeral Directories, which governed France thfons
the guotine or with the Counter Reyoulioniss slru
Cling restore internal peace and repose' Well did NJ
Jeer son say that II the United States had painted ot NJ
az much as ancient Rome-li their armies had been
effective as those OF Prussa their Golfers had been n
and their debts oblileraiedeyen then. peace was n
precious TO be put al hazard IN an enterprise with 4
ally thus derapged and disorganzed Js..s 4
And what the condition OF the United States FIJI, /
they should peril all in the domestic rage OF France ~
her foreign strife Mr. Jefferson no false inen
ler, aad he thus described 1t:
IAN infant country deep debt necessitated 10 bona
In Europc without land or naval force-wthout eom
potency OF arms and ammunltion--wiih commerce c
neeed beyond the Atante--wh the certainty OF enhance
the price of foreign productions and OF dminisbpv
of own-wlth constitution lle more than -four ,r,
old, state oil probaton and not exemption ices"
No greater calamity than could then have aI.
upon the United States nor could war; IN any other ca,
ever come in form so fearful II was MOI fault Nh
Washington, OF Cate. not 10 that public
fairs were incapable of perfection and thai States COIL
not be governed without submitting lesser interests
greater On the contrary, the measure OF his dun ",
that OF Cicero in the consulshp-to take care thai NJ
republic should suffer no de,rment Well and wisely IL
he perform thai duty he could not aid France. but b
| and the wisdom of Washington in that memorabI
crisis stand indicated and established. .--
But what does all this prove Just this. aud no moH
That circumstances, affecting France and the UnOe
States equally unforeseen and lmperious. prevented M
United States from even undertaking 10 perform Then
compact with France IN the way stipulated in parcs
lar emergency But the clrcums creating this In
possibility not alone the fault or misfortune
France, but arose in part out OF their condition
the omission to peril assured the safety and promo
led the welfare OF the United States. Under such en-
cumsances, the United States owed to France if no,
IDENTITIES for past non performance. at least recounim
and renewal OF the ancient treaties. IT. them Franc
was held by the treaties, because the United Stats
excused their non performance, they were eauaIy
bound to exenuate her deviatons, under such pressure
from prudence, ORDER and even from justice if she wen
willing to make reparaon. None knew well Is lhs,
that France brokethe treaties in less essential obligation
not from want OF virtue 10 be faithful but from wan,
magislracy 10 enforce fidelity. But while France wa,
always willing to make reparation, the United States in
sisted being absolutely frcs from obligations Jaw
treaty coniessedly injurious 10 France Either is
treaty necessary to the United States, it was IN
necessary II il was unnecessary. the complaints oil
France were just IT necessary. then she entitled
equivalents. release from the engagements in The
anciet treaties was necessary 10 the United States, OF III
was not III II was not necessary then the United Sla,I
ought not 10 have barered the merchants claims away
Tor 1t II II was necessary, then the United States E
| celved an adequate equivalent.
Thus II appears that the ancient treaties had not los
Their obligation against The United States BY reason
| amy fragrant violation of them BY France.
Sixthly The opponents OF this oil neu INSIST that ,h|
treaties lad been abr0gaed IN act Of Congress ha
lcas passed on Tie nh day Of July, l7ss, uis:
Whereas the treaties concluded between the Unic
States and France have been repeatedly violated ua
part OF the French government and the just claims Of
United States for Tepnratlon OF the injuries
have been refused aud their attempts 10 negotiate
cable adjustment Of all complaints between the two nations
have been repealed with ndIgnity and whereas under
agan.t The Gned States system Of predatory violence
inractng the said treaties and hostile TO the rights off
"Bs it enacted by The Senate a~l House of R,prs~s
tipss Of me Uniisd stass Of America ~ Co~grsu aan
bted That the Uned States OF right freed and
rated rom the spulaons OF the treaties and Of The
lar convention heretofore concluded between the United
States and France and that the shall henceiort
be regarded as legally obligatory on the government CIT
liens OF the United Sates."-Sfaf. al Largs u p b7s
The treaiy-making power is vested not in Congress
but in the President, BY and with the advice AMI
OF the Senate A valid treaty can be abrogated only I
the power which is competent 10 make one A ueayI
already void needs aci OF Congress OF the Pssds
and Senate 10 abrogate ii, while void cannot vi
abrogated except IN the constitutional way,
treaty, moreover, is the act OF two parties NeiIs|
dissolve it without the concurrence OF The other T
act OF Congress, then. left the obligations Of the anem
treaties, far France concerned, and far
United States politically were concerned just il iou
them.
! Seventhly. As last resort the opponents OF hesl
claims hof tie release Of the ancenf treaties "a
vafuefe because they had been abrognisd BY beiu
waive the objection that these treaties were Of sud-
nature that they could not be abrogaed by war, an
simply deny that any such war occurred.
II war did take place. il must have begun in wal
and al some ne and have ended in some other way All
al some other time.
1t is quite certain that France never declared wal
az alnst the United States, and equally that the Unite
hosiliies between them, bui hoslillies awa'
war. The statute. book OF The United States shows liz
| nature and extent OF these hosiilIies.
We not at war with France on the lllh ol JsE
uary, 1897 for that day Congress declared it ~,
demeanor for American TO engage in pryaeeIaa
against nations with whom The United States II
peace and know that France was then reg arded
IN that relation because The United States aiterwah
authorized privaleerng against her in certain
We were not al war with Fiance on the 2slh of Ma
l79S for on that day Congress directed thai proy,s
al army should be raised the event oil declaration
war against the United States, of actual INVASION
their territory bya foreign power, OF imminent dansa
OF such INVASION
Nor were we al war with France on The 18Th Of JuE
1885, for on that day Congress suspended commerce.
relations with Franco measure quite unnecessary,
war had already broken up that intercourse.
Nor We al The 23th oil June, l7ga, lot o.
that day Congress authorized American vessels to %
pose and resist searches restraints, and seizures
armed vessels OF France. Such opposition and resr
ance would have needed no sanction II committed 70
open war
We were not at war with France on the Of March
1889 Tor on that day Congtess authorized the PesIdeb
TO levy and organize additional regiments, IN case ~
should break out between the United States aud oIeg
European power.
We were no, yet at war on the goth OF February, 1900
Tor that day Congress directed that all further en
ments should be suspended, unless duung The recess
Congress- and during The eIisfgng dUersness (whleh
s,ins differences the sequel will show not war;
tween the Uniled States and france, imminent dang
of invasion Of tse Territory OF the United States BY m
republic should, IN The opinion OF The President
deemed 10 have arisen.
Finally, we were moi al the 3)h Of Sepienbd
1870 for on that day the then existing d,derences
tween France and the United States adjusted By
convention concluded on the basis that although h
opinion Of The United States the aggressons OF Franc
would "well have lisuhed an immediate declaration