New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-25
Nv1rvopK DAILY TRIBUNE, SATURDAY, JANUARY g. 1851

aid treaties and hostile TO the rights q free ana inae
Rl i eseieS by Ire Senate and Hoae efRprerilrei
81 ~ Tad Sfaf.soC Americg IA CoHgIes dsseDDea inAl
lie United STATES are OF right sea ana sp Conye1
Ton heretofore concluded between tie United stses ~
FsBce ard that the sane shall not henceiofIh pc %
IS ealy obligatory on The Government or elA%eS VI ~
tinted es"-Sf1t df Large, ?. o15.
The treatv.making power is vested not Ia Con
eress. but in the President, by and with the az
Vice and consent Of tho Senate valid treaty
can be abrogated only by the power wnicn Is CON.
petent to make one. a treaty already VOID neeos
10 sct of Congress or OF the PRESIDENT auG oeLasS
10 abrogate it. while one not void cannot DC 1O'0'
gated except in the constitutional way -
4 treaty moreover, is the act OF two parHes'-
Neither can dissolve it without the concurrence
of the other. The act of Congress, then lelt tne
obligations ofthe ancient treaties, so Tar rs .Oo
WINS concerned and so far as the United states
POLITICALLY were concerned, just as 1t iouhd 1uen
Ssrsntllv: As a last resort, the opponents OF
these claims assert that the release Of me dRc,e~
tre0Jies ,ras rqueleSS, because they had beeR 9of0
o0,sd BIZ fr0r betirecH the ttcO nations.
waive the objection that these treaties were
Of snch nature that they could not be ebrogated
by war, and l simply deny that any such war &C.
Cured. L.o, h,,,0
IN sona wav and at some time, and have ended
IN some other way and at some other time.
I, i ouite certain that France never declared
ros .gsinst the United States and equally so that
The United States never declared war against
Nance There were hostilities between them,
but hostities are not always war: Inc statute
book of the United states SHOWS Ihe ha'U'o anu
extent of these hostilities ,,n
W. were not at war with France on the l4th
If Jsnuarv 1897: for on that day Congress declar'
ed il misdemeanor for an American 20 ehSaSe
in privateering against nations Win whom Tue
Tsited States were at peace and rance was
tbepreearded sin thatrelston, because the hiteo
States afterward authorized privateerlng against
her in certain cases. A., os,b
Of Nav 17qs for on that day Congress directed
,h.+ provisional army should be raised IN the
event fiat a declaration of war against the Unit
ed States OF of actual invasion OF their territory
by a foreign Power, or of imminent danger IN
such invasion. LODI,
Of June. 1898; for on that day Congress suspend
ed commercial relations with France-a measure
cute unnecessary, if war had already broken up
that intercourse 80,
Nor were we at war on the 25th of June, ll9s ;
for on that day Congress authorized American
vessels TO oppose and resist searches, restraints
and seizures bv armed vessels of France Such
opposition and resistance would have needed no
sanction If committed in open war.
We were not at war with France on the "a day
of March. 1899 for on that day Congress author,
lied the President to levy and organize additionai
regiments in case lcar should break out between
the United States and foreign European rover
We were not yet at war on the 2Otn OF eoru'
arv, 1900; for on that day Congress directed that
ali further enistments should be suspended, unless
during the recess Of Congress, and during me eg-
listing differences (which existing differences the
sequel will show were not war; between the
United States and France, or imminent danger OF
invasion Of the territory OF the United states by
that Republic, should, in the opinion of the Presi-
dent, be deemed to have arisen.
Finally, we were nota war on the 3Oth OF Sep
TENDER, 1900, for on that day the then existing
differences" between France and the United
States were adjusted by q Convention, con-
Guided on the basis that although IN the opin.
ion Of the United States, the aggressons OF
France would 4" well have justified an immediate
declaration of war, yet that they had neverthe,
less been DESTROYS Of maintaining peace, ana OF
leaving open the door of reconciliation with
France, and had therefore contented themselves
with preparations for defense, and measures cal
culated to protect their commerce - instructions
to american Ministers a. Pans, October %, ll99.
Thus. Sir, it is shown thai, II a war existed,
neither its beginning, nor it's end, nor the way OF
either, can ever be ascertained, and that the UNI
ted States were profoundly ignorant OF lts exist
ence. If any man in France, more than another,
would have known the existence OF such war;
that man was Napoleon Bonaparte Netwe have
seen that the music of this " soft and slken war
lever reached the ear of the Great Captain OF
France. For, in speaking OF the spolatlons no
described them as having been committed III
time of peace" 1t was not thus with the other
enemies of France, while he was at liberty with
in her borders nor has it been so that the coun'
try men of Washington, OF Taylor, and OF Scott
! have conducted their campaigns in other conflicts
Ii appears from this review that the treaties in
question had been recognized always by both par
ties and broken in parts by both, but under cir
liofs ooHf NJ fhaxr
were therefore in force when the United States.
and France mutually agreed to extinguish them,
on tbe'condition Of a release Of the claims for in
IDENTITIES Ofthe value of that agreement it is
unnecessary to say more, than that without it the
United States might have been held by the an
cient treaty of alliance 10 have followed to some
extent the varying fortunes OF France through her
wars during the Consulate and the Empire, until
she found repose from complete exhaustion, on
the field Of w aterlOo.
No reason for rejecting these claims remains,
except that they have not been paid heretofore
But mere lapse of time pays no debts and dis
charges no obligations. There has been no re.
lease, no waiver, no neglect, no delay, by the
creditors. They have been here twenty tive times
in fifty years that is to say, they have appeared
in their successive generations before Congress
since their claims against the United States &C
crued. Against such claims and such creditors
there is no prescription.
1t is said, indeed, that the nation is unable to
pay these claims now. put single question in
reply When will the nation be more allluent
than now
The Senator, Mr.. HUNTER says again, that, If
the debts are just we should pay the whole,
and not moiety if the claims are unjust, then
tie bill proposes gratuity--that in the one case
the appropriation is too small, and in the other
too great. This is the plea of him who, think
it was in Ephesus, despoiled the statue Of Jupi-
ter Of golden robe, saying, gold was too warm
in summer, and too cold in winter, for the shout
ders of the god.
Sir, Commerce is one Of the great occupations of
this nation. 1t is the fountain of its resources as
it is the chief agent of its advancement in civil
cation and enlargement of Empire. 1t is exclu.
sively the care of the Federal authorities. 1t is
for the protection Of Commerce that they pass
laws make treaties, build Qualifications and main