Weekly national intelligencer., 1851-01-25

imports increased and with al the resources Of excise
and amp the expenses Of these extraordnsr
eaertions were net large debt created, much
. both principal and interest, fell on posteriy.n -
Here, sir, appendix that speech is an extract f
a speech delivered by Mr.. Bibb. Of Kenuckv on ,br .m
subject extract Ged with references to laws which ans
tain the history OF the war just giveD and which we
in relation The hoses then wsging with Franz.
filed with such voluminous references 10 the Law
by which laid taxes raised troops and fleets ths
could not think Of taxing the patience of the Senate b.
reading them all II would puzzle any man, even the mos
ingenious, to give definition Of which did not incud
such hosiles these-hosilies in which treasure wa
freely expended and blood shed in the armed conflict be
tween nations But has been sad aud argued with con
siderable ingenuity by the Senator from Connesicui, tha
these hoses which wsgsd wanted all the character
scs Of war and therefore cannot be urged satisfaction
for the claims of citizens in relation to indemnity Sir
this s which does depend upon the meye opn
ion of the Senator fsem Conneccut myself for il once
before Supreme Court for It's decision and have
upon the question With the leave of the Senate
will what decided that occasion in relation to the
character Of these hoslliies.
Theea is to be foundin 4h Dallas, 49, tits the case
of Bss Tngy, which up upon question Of prze
which claim tor salvage was prosecuted claim which
turned The question whether vessel taken from the
4 French vessel taken from 'senemy !" and ttat
brought up the whole subject the nature Of the hoies
wagng with France of these claims.
Upon that subject the Judges unanimous They all
decided that that public war; coming under
what they say Judge Washington says:
The decision OF this question must depend upon another
which whether at the time Of passing tbs Of Congress
cf the Cd Of March, 1899, Tiers ubssted war
tween the nations may, Ibeleve, be safely laid down
that every contention by force between nations exter
matters under the authority of their respective Govern
men.s is not only war; but public war; II sbe declared in
form, is called solemn and of the perfect kind because
whole nation is at with another whole nation, and,
all he members Of the nation declaring authorized
commit hostlities against all the members of the other
every place and under every circumstance In such
the under general authority and all the rights
and consequences of war attach to their condition.
hostities subsst between two nations
and thngs and this is properly termed imperfect
because solemn and because those who author
z to commit hostes act under special authority, and
go further than the of their commission Still
however, tits 3IC because it external
by force between of the members of the nations
thorized BY the legitimate powers. Nsra 5etee the
tvo naso', though all the members authorized
commit hosities such in solemn war; where the Gov
ernment restrnins the general power"* m'"
Again, Judge Washington says:
In fact and in law at american vessel
fighting with French vessel subdue and make her price
fighting with enemy accurately and technically speak
ing and 6ths be not sufficient evidence of the Legislative
mind, it is explained in the same law"
Let us read what Judge Chase says
What thenis the of the contest subssting be-
tween America and France In my judgment, it is limited
partial war; Congress has not declared war IN general
but Congress has authorized hosties the high
BY certain persons in certain cases no author
ity given commit hosties land to capture unarmed
French yeses even to capture French armed vessels
living French port and the authority given ins-
crmnaey every citizen Of America against every citizen
France but only citizens appointed by commissions
exposed to immediate outrage and violence So far s
quesonably partial war; but nevertheless, pub
lie war; account Of the public authority from which it
Tbere are four acts authorized by our Government that
demonstavc OF state of war. begerent Power has
right by the law OF nations search neutral vessel and
upon suspicion Of violation Of her neutral obligations,
seize and carry her into port for further examination But by
the acts of Congress American authorized M
To resist the search Of French public vessel 3D. To
tre vessel that should attempt BY force to submis.
sion search Sd. To recapure any American vessel
seized by French vessel And h To capture any French
armed vessel wherever found the high This suspen
sion Of the law nations this right of capture and ecaptnre
only be authorized by act of the Government which
in ITSELF an act OF hostility" ."..u> .~.
But would weary the Senate to read all the
from that which pertinent the question under
consideration Suffice that the circuit court decided
that the Frenchnan enemy, thus deciding that was
and the Supreme Court unanimously sustained that de-
cision Suffice too, to say, that in the opinion of all the
Judgesand a,l Of them delivered their opinons-Judge
Moore Judge ashnston Judge Chase and Judge Patter
son-n the opinion Of all these Judges, war; public
war; aud Of the kind which civilians denominate imper-
feet aa s@ @
Of all Obligations the part Of nation to prosecute the
claims for indemnity the part Of its cizens What is laid
down the satisfaction which may be urged and plead by
foreign and bellgeen nation ITSELF against such claims
1t that waged upon that account satisfaction.
That the waged on that account know from the
history Of the times For what else was waged except for
these spolations ....s..
Judge Marsha the 5h volume page 5, Of his Life of
Washington, says: n Congress vigorous
adopted for retaiaing injuries which had been sustained,
and for repeing those which tareatened" Thus
clearly assigning these spoaons Of the
which was waged. have given American authority, judi
cal authority the character Of these hos,ies Let
what the French opinion upon this question: See
same Doc D. $685. in which the President
Of the French commission said If the question could be
determined by Indifferent naton he satisfied such
tribunal would say that the present stale Of things
the side Of America, and that indemnies could be
claimed The other commissioners made similar decara-
tons1 Same page he said If the Government should
think proper to instruct them to mako treaty the basis
of inemnties and modified renewal Of the old treaties,
he would resign than sign such treaty. Upon
page 634 will be found letter Of the American commits
sioners characterzng these hosiles Such, sir,
undoubtedly the opinion Of the commissioners both
sides So that have authority Of all sorts for say that
this a waged of these spostons and
if it waged account Of them, any show
reason why perfect would have been satisfaction,
and yet this is not satisfaction for these claims
Those writers who lay down the doctrine that is
satisfaction, make distinction between perfect and i'm
perfect war; Both public wars and if any be
given for the sucency Of that cannot be given for the
other does suggest itself Why tha, per-
feet war satisfaction II is because expend money
avenge injuries because spill blood because sustain
losses on account of the claimants In this case we made
upon Franc, at heavy expense to project the rights Of
our citizens and having done so may truly say them
have done all for you that you have right require, be-
have sustained losses TO avenge you and inflicted
injuries by way Of punishment upon the nation which has