The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-02-06

Nc"-E. L. Ge,letS Litter OF N0u. IL, 1898
But If France did not demand the performance
OF the guaranty in the war, she insisted on its
obligation. The United States practically disa-
evident. The treaty stipulated Alliance, when
France should demand it, The United States
assumed Neutrality in every event
.. The non-performance by the United States
has been justified on the ground that the casuS
fadsris of the stipulated guaranty was defensive
war, and that the war Of 1898 was not Of that
character.
In reply to this argument, | observe, in the
first place, that the terms of the Treaty Of Al
lance stipulated for the execution of the guar
anty In the case of "war to break OUT" Any
war, offensive or defensive. But the Senator
from Virginia Mr.. HUSTER overpowers US
with an argument which with me is irresistible.
He says that only a defensive war must have
been contemplated, because stipulation for aid
and alliance in an aggressive war would be i'm
moral, unjust, and therefore void. Sir acknowl-
edge that higher law of universal and eternal
justice. And admit that oil laws Of States, and
all treaties and compacts between States which
contravene its sacred provisions are utterly void
AMI of no effect | accept therefore the Senator's
definition of the cdstis federiS; that il was de-
fensive war. | controvert, and | rest my cause
upon cOntrovsrting, his assumption, that the wir
Of 1893, between the Allied Powers and France,
was on her part an aggressive and not defensive
war
The very proclamation of neutrality Implies
a denial of that assumption. The war therein
described is q war between Austria, Prussia,
| Sardinia Great Britain, and the United Neither
lands of the one part, and France, on the other"
! Why was the aggressor the last party to be
named But History has determined the char
scter of the parties in that momentous contest
"The FIRST war of the French Revolution" says
Wheaton in his History of the Law Of Nations,
Originated in the application by the Allied Powers
of the principle Of armed intervention TO the inter-
nal fairs Of France for the purpose Of checking
the progress of her revolutionary principles and
the extension of her military power" War wasde-
cared indeed, by France, but only as reply to
the ultimatum of Restoration OF Despotism ten
dered by the Armed League of Enemies.
Thus, sir. we have arrived at the true ground
Of defence of the neutrality of 1893, TO wit that
performance Of the treaty was impossible.
Sir in practical sense, performance was impos
sible First on account of the condition of France
Tho parties in 1878 of course expected that
France would remain an organized State, capable
of conducting combined operations under the
treaty upon method and towards an end, with
out danger from herself TO her ally, But it was
not so with France. She became not merely rev.
dictionary, but disorganized, having no certain
and permanent head, no stable and effective legis-
lature All the org a. -so Ss>.s>S shattered
broken, and scattered Nee color umperii nee irons
erdt ulla SenGtusN
/ The King, after uuavailing changes Of minis
try, convened the Assembly of the Notables; after
holding the bed Of justice, and after attempting to
establish the new plenary courts, he called the
States General, which soon became Constituent
! Assembly. absorbing all the functions Of govern
ment Suddenly the People of Paris rose, and
| hrou ha A int0
captivity A constitutional monarchy rose under
the dctaton of the People; but the King was
! degraded, condemned aud executed and a Re-
public appeared The Republic west down be-
fore n Sowe 0f bas which Rapidly succeeded
each other all sustaining their administrations,
throughout reign of terror, by the tribunal of
blood These unnatural commissions could have
but one end-the restoration Of the State by
Dictator. That magistrate, in 1900, appeared in
the person of Napoleon. When and where, before
that event could the United States have been
required to 20 to the aid of Frances 1t was
well that France had rcgained her liberty but
her ally had right, before going into war
with her against Europe, to see that liberty COM
bined with government and with public force
with national morality, with social order, and
with civil manners All this was wisely deemed
by Washington necessary to secure the United
States against absolute danger, and to render
their alliance at all useful to France. For, on
what side were the United States to array them
selves With the King, while he yet held the
reins of state, or with the National Assembly
while abolishug the Monarchy With the
ephemeral Directories, which governed France
through the guilotne, or with the Counter-Rev-
outionists, struggling to restore internal peace
and repose2 Well did Mr.. Jefferson say, that
if the United States had painted for war much
AZ ancient Rome-if their armies had been as Of
fective as those of Prussia - if their Golfers had
been full and their debts oblitersted-even then,
peace was too precious to be put at hazard, in
an enterprise with an ally thus deranged and
disorganized.
! And what was the condition of the United
States that they should peril all in the domestic
rage of France, and her foreign strfe9 Mr.. JEFF
ferson WIS no false interpreter, and he thus de-
scrbed it, "An infant country, deep in debt, ne
cessitated to borrow in Europe-without land
| or naval fOrce-without a competency of arms and
ammuniton-wth a commerce connected beyond
the Atlantic-with the certainty of enhancing the
price of foreign productions and of diminishing
that of our own-wth Constitution little more
than four years old, in a state of probation, and
not exempt from foesn NJ greater calamity than
war could then have fallen upon the United States
nor could war, in any other case, ever come in a
| form 80 fearful It was not fault of Washing
ton as it was of Cato, not TO see that public af-
fairs were incapable of perfection, and that States
could not be governed without submitting lesser
interests to greater On the contrary, the meas
ure of his duty was that of Cicero in the consul
ship-to take care that the Republic should suffer
no detriment Wen and wisely did he perform
that duty. He could not aid France, but he saved
| his own country. Forever, then, let the justice
| and the wisdom of Washington, in that memora-
Bile crisis, stand INDICATED and established
But what does all this prove2 Just this and
no more That circumstances, affecting France
and the United States equally, Unforeseen and i'm
perious prevented the United States from even
undertaking to perform their compact with
France, in the way stipulated in a particular
emergency But the circumstances creating this
impossibity were not alone the fault or msfor
tune of France, but in part out Of their own
condition; and the omission to perform it assured
the safety and promoted the welfare Of the United
States Under such circumstances, the United
States owed to France, if not indemnities for past
non perormance, at least recognition and renewal
of the ancient treaties II, then, France was held
by the treaties because the United States excused
| their non performance, they were equally bound
| to exteuuste her deviations, under such pres
sure, from prudence order and even from JUS
tice, she were willing to make reparation. None
knew 80 well as they, that France broke the trea-
ties in less essential obligations not from want OF
virtue to be faithful but from want Of magstracy
to enforce fidelity. But while France was always
| willing to make reparation, the United States in
sisted on being absolutely free from obligations.
jays treaty was oonfessedly injurious to France.
Either that treaty necessary tc TIE United
States, or il was unnecessary. Ii it Was unneces-
sary the complaints of France were just Ii neces-
sary, then she was entitled to equivalents re-
lease from the engagements in the ancient treaties
WAS necessary to the United States or it was not.
If il was not necessary then the United States
ought not to have bartared the merchants claims
away for it, lfit was necessary, then the United
States received an adequate equivalent