The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-01-27

reply TO the ultimatuln OF restoration Of despot
ism nlsred by the armed league OF enemies.
Thus, sir, We have arrived at the true ground
of defehce Of the neutrality Of 1893, to wit thai
performances Of the treaty was impossible.
Sir, in practical semse, performances was lmpos'
sibIe Frat on account Of the condition OF France
The psrues IL 1873 OF course expected thai
| France would remain an organized State. capa le
Of uctng combined operations under the treaty
upon method and towards AN end, without dan
ger from herself to her alley But u was not 30
with France She became not merely revolution
ary, but disorganized, having no certain and per
manent head, no stable and effective Legislature.
All the organs Of the State were shattered, broken,
and scattered Nee color impsrii, nee irons erat uu
| Senafus. "
The King AFTER unuvaiIing changes OF minis
try, convened the assembly Of the notabIes; after
holding the bed OF justice, and after attempting
to .bliShths 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
brought the King, Queen and assembly into cap
tiyty. A constitutional monarchy rose under
the dictaion Of the people; but the King was
degraded condemned and executed, and a repub-
lie appeared. The republic went down before the
power of cabals, which rapidly succeeded each
other all sustaining their administrations through
out reign of terror, by the tribunal Of blood
These unnatural commissions could have but one
spd--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 8 Ates have been required
| to go to the aid of Franco II was well that
France had reganed her liberty; but her ally had
! a right before going into with her against
Europe, to see that liberty combined with govern
ment and with public force--with national moral
| ity, with social order, and with cyl manners. -
All this was wisely deemed by Washington ne
csssary to secure the United States against abso-
Lutte danger, and to render their alliance all use
| full TO France. For, on what side were the United
States to array themselves? With the King,
while he yet held the Ieins of state, with
| the national assembly while aboshing the mon
archy? With the ephenera directories, which
governed France through the guillotine, or with
the struggling to restore in
| ternal peace and repose Well did Mr. Jefferson
say, that if the United States had painted for war
as much as ancient Rome--if their armies had
been az effective those of Prussia-f their cof-
fers had been full un their debts obliteratedeven
then, peace was too precious to be put at hazard
in an enterprise with an ally thus deranged and
dsorganized.
| And what was the condition of the United States,
that they should peril all in the domestic rage OF
France, and her foreign strife? MIR. Jefferson
was false interpreter, and he thus described it:
{" An infant country, deep in debt, necessiated to
borrow in Europe--without a land or naval force
without a competency OF arms and ammunI-
tion-with commerce connected beyond the At
lantic--with the certainty of enhancing the price
OF foreign productions and of diminishing that of
our own--with constitution little more than four
| years old, in state Of probation, and not exempt
from foes" No greater calamity than war could
then have fallen upon the United States, nor could
war, in any other case, come in form so
| fearful II was not fault Of Washington, as it
was Of Cato, not to see that public affairs were
incapable of perfection, and that States could not
be governed without submitting lesser interests to
greater. On the contrary the measure Of his duty
was that of Cicero in the conaulship-to take
care that the Republic should suffer no detriment
| Well and wisely did he perform that duty. He
could not aid France, but he saved his own coun-
try. Forever, then, let the justice and the wis
dom Of Washington, in that memorable crisis,
stand vindicated and established
But what does all this prove' Just this and no
more: that the circumstances affecting France and
the United States equally, unforeseen and impe-
rious, prevented the United States from even un-
dertaking to perform their compact with Frarce.
IN the way stipulated in particular emergency
But the circumstances creating this impossibility
were not alone the fault or misfortune Of France,
but in part out of their own condition and
the omission to perform 1t assured the safety and
promoted the welfare of the United States. I'm
der such circumstances the United States owed to
France, if not indemntes for past non-perform-
ance, thew were equally bound TO extenuate her
deviations, under such a pressure, from prudence
order and even from justice, if she willing to
make reparaton. None knew so well as they,
that France broke the treaties in less essential
ob ieati3ns not from want of virtue to be faithful
but from want of magistracy to enforce fidelity
But while France was always willing to make re-
paration, the Unte1 States insisted on being alb
soutely free from obligations. Jaws treaty was
confessedly injurious TO France Ether that treaty
necessary to the United States, or it was I'M
necessary IL il was unnecessary, the complaints
oC Incl Il.
entitled 10 equivalents a release from the en-
gagements in the ancient treaties was necessary
to the United States or it was not. IL il was not
necessary, then the United States ought not To
have burtered the merchants claims away for it,
lf it was necessary, then the United States re-
ceived an adequate equivalent.
Thus it appears that the ancient treaties had
not lost their obligation against the United States
by reason Of any fragrant violation Of them by
France.
Sirfhiy. 7he opponents Of Bis bill neri insist thai
the treaties had been abrogafed by act Of Congress
ichich ras passed on the Th day Of July, 1913, riz
90 Whereas the treaties concluded between the
United States and France have been repeatedly
violated on the part Of the French government,
and the just claims Of the United States for repa-
ration Of the injuries committed have been re-
fused and their attempts to negotiate an amcable
adjustment of all complaints between the two ma
tons have been repealed with indignity And
eminent, there is vt pursued egains. the United
States system of predatory violence, nfracng
the said treaties and hostile to the rights of free
and independent nation
''Be il eracfed By the Senate and House Of Repre-
sentaiires Of The United STATES IF 4merca in Congress
assembled, That the United States are Of right
freed and exonoraied from the s,ipulations of the
treaties and the consular convention heretofore
concluded between the United States and France
and that tie shall not henceforih be regarded
as legally obligatory on the govern nent or citi-
zens Of the United States stat. at Large, T. D. |
57S
The treaty making power is vested not in Con |
gress, but in the President, by and with the ad !
vice and consen, ofjhe Senate. A valid treaty |
can beabroga'ed only by the power which is com
petent to make one. A treaty already void needs |
act of Congress or or the President and Senate
to abroeate it, while one not void cannot be abro- |
gated except in the const ntional way.
treaty, moreover, is the act of two parties |
Neither dissolve it without the concurrence |
Of the other. The act Of Congress, rhen, left the
nl,lt Of thn C,r