The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-04

.. But II 10 quite apparent that these claims mus |
deemed 10 have purchased an exonerstion ftom ~
treaties irrespective OF The mutual discharges OF tLs eo
yenlion Of 1900. II was the seizure aud ooa6scslon -
the pJoperly OF these clalman that constituted ths ~
fractions of the treaty OF aiy AID commerce Of wksh
oar government complained, and made The basis Of -
renuncalion Of the 7ih Of July, 1885 In this way 49,
United States derived great psblic beneal om ~ H.
wrongs oil Francelhey got rid OF that exceedingly sm
barlassing and Rconyenent treaty aud IL not usi b
they should make the sufferers some remuneration Il
the remuneration of both the treaties and the conyeno
was rghtu then the sacrifice OF the property in ou..
procured our exonsraton from all rather MN s,ha
foundation tor such exonerailon. France an.ion
TO be renslaed the principle OF full indemnify ,,1
frequently offered by them. and ever rejected B, \,
Even after the convention returned to PARIS as.I
il was seriously apprehended that she would disc !
that she might make indemnify and fensale her, \
the enjoyment OF the rights and mmunllles OF the res
la a eIler from Mr. Livingston to Mr. Madison und.
date of September 10, 1901, doc 1922 p 70O) he sa
France is greatly Interested 10 guarantee their I,na
changes thai have taken place Wes H.
do not delay Of the rahcaion nor h,u
be surprised she consents 10 purchase by the o
captured vessels"
Blu, the alpreLensons of Mr. Livingston were MI
realized France ratified the convention amended NJ
claring that the rerenchmsnl OF the "a article shood
operate release or remuneration OF the RESPECTIVE
claims of the parties So that IN The first place lot
benefit OF the wrongs OF France to throw OF lhe lreal
and convention, and then discharged France from N
claim account OF those wrongs, IN consideration Of hs
releasing from any possible right which she might
have to the treaties and convention Our discharge o
France sanctihed her acts, and efectuay appropriated
private property to great pubic object On every
ground, The objection now before must fail and
the obligation to indemnify the sufferer least 10 soma
extent must be decmel complete, unless some other s
be assigned than OF want OF consideration for the
release of FIaucc
But will be said that the relations of the two coun
tries became belgeren or that the in part existed
and that the United States, having closed il without Oh
tanning satisfaction, is not liable 10 the claimant.
1t may be admitted that If We had IN reality declared wa
against France to obtain redress, had prosecuted with
proper vgor, and had Jailed To obtain justice for Ii.
claimants, our government could not be justly held la
ole. No nation is bound 10 prosecute war Tor an In
definite unreasonable period 10 redress the wrongs Of
lis cZens. But in case OF war de jure Ell de fado
the government or approp late claims such these
to to itself or other citizens collateral advantages
in treaty OF peace then il is bound TO make inden.
nifty.
that the bellgerents would have been found engagsd
capturing each others ships both public and private,
ed and unarned, as opportunity presented, II 10 well
known that the United States dbl not authorize tlen
cruisers capture the merchant vessels OF France. No
such night authority was conferred on American py
leers such captures made in fact. This would
constitute singular maritime war:
Ii will not be pretended that the United States eherlt
cared against France, or recognised war as exist
ing with that power; and the same remark Is True d
France. But il will be said that certain acts OF force wen
authorized by our government which were tanlanoua
to On the other hand, insist that these nessum
were strictly defensive in their characerdld not auh
ze ndiscSlmnaie hosilities-sopped lar short OF wH
and that neither party supposed war existed and nera
thought OF making, and dsd not make treaty OF paa
viii, in The first place. advert to the measures author
lied by Congress. Were they defensive or otherwise
They were as follows:
l. An act more efectually protect the commerce and
coast OF The United Staes approved May IS, l79S.-V
Laws OF the United States, vol. 3, p. 50.
THIS only authorized the public armed vessels
the United States 10 seize, take and bring INTO our poA
the armed vessels OF France which had COMMITTED OF
which found lowering our coast Tor the purO
OF committing epfedatIons on the vessels o our clzenA
retake any American ship vessel which had bees
captured by any such armed vessel
a. An act to suspend commercial intercourse betweu
the United States aud France ami he Dependencies lht.
Of, approved June 10, l79S Wife Laws oi TIE Unnn
States vol. 3, p. So
The object OF this act and many Of its details utter
ly Inconsistent with the idea OF existing betwua
the countries Could our Congress be SO absurd
TO suspend COMMERCIAL Intercourse M the midst Of
grant war
3 An act 10 authorize the defence OF the merchanvo
sells Of the United States against French deiueislioa
approved June 25 l7ys-Vds Laws OF The United sale
vol 3, p. IS.
The scope and object OF this act is sufficiently explain
ed by It's title. I -
An act to declare the treaties heretofore conclude
vita France longer obligatory The ug'sd Siss
approved July z. 1873 Vide Laws OF toe United Suls
voi. 3, y. rs
~
ed, winch every one knows disso.ves annuis all uS
t'es' This is plain and familiar axiom OF the laws
nations.
s. An act further to protect the commerce OF the Units
States, approved July y, l7yS.-N,de Laws oil The Uhr
States, vol. 3, p. 10.
This act only authorizes the capture OF French am.a
vessels by the public and private armed vessels oil IN
United States, aud the rroAptufe OF American vessels
which had been or should be taken by the French
all other respects, the French lag could traverse
ocean with lmpunily No reprisals were su'hofnn
French merchant vessels were not 10 be assaied al
where.
8. An act further TO suspend the commercial ihf
course, between the United States and France, and
dependencies thereof. approved February y l7ss-~
Laws OF the u. s., vol. 3, y. lis.
This ~ an extension OF the act OF June d. lIs,, 'n
about to expire by lis limitation, and excludes va
down TO it's date.
7. An act giving eventual authority to The PresdeDlc
the United States 10 augment the army approved Marc
q, l79p.-Nide Laws oil The u. s., vol 3, y. POI. 81
This act authorizes the President, IN case nsf a@
break em betWeeD the United States and Jorngn Eue
pedn po1er, or IN mmlnent danger OF nyasiono
nory by any such power shall, IN his opinion, be nsc'
cred 10 exist" 10 organize and to be raised %
tain force therein specified Every one knows lhal
Z" European power" referred TO was France. An eaaee
OF difference between as and Great Britain had been
tied by Mr. Jays treaty In l7s4 and the controversy
France was, at the date Of this act al its height h
then, we have Legislative recognition OF the TACT 'ha'
rupture had occurred between the Two countries up 70
I'd March, 1893.
S. An act suspend in par, act entitled IAN 10
augmen, the army OF the United States, and fof oAs
purposes y
De eraefed W As se~o's a-a Hcr's II Rsrssaa 2, s,
United Stnfes of Arpsvtca Ionsvr aeshfeS That Al ~
snmen under the I'd section Of entitled An set
meni the Of the United States, and for Other purpose
suspended the further order Congress- uness NE
Congress, and during the continuance sristing
between United states French pablc sAan -
osf bsf~esn As United Safes s~< As Pys~sA rebf ~
DANCE o. .y.,on Of ss Te y me .,a ispus
rsn (Approved February 90 lsoavde Laws Of the s1
3, p. 1861