The republic., 1851-01-31
BY reason of any diagram, violation Of them by

iphiSh ,ras paasd the Tn day Of July, l795, rix;
.Wh,r,ss the treaties concluded between the
United States and Ffsnce have been repeatedly vi
tlat.d un tho part of the French government. and
the lust claims OF the United States for reparation
oi Tie injuries committed have been refused, and
their attempts negotiate an aInicable adjustment
of ali complaints between the two nations have been
repslled with indi ignity And whereas, under the
Authority of the French government, there is yet
pursued gainst the United States system Of pre-
datory violence, infracting the said treaties, and
hostile . the rights OF free and independent
nation
Bs Il enacted By the Senate and House of Repre-.
ssnfafires Of tie United States of Ameriea Con-
grass assembled That the United States of right
freed aud cxoncraied from the stipuatons of the
ates and ol the Consular convention heretofore
concl,ied between the United States and France,
aud that the shall not henceforth be regarded
a. legally obligatory the Government citi-
Of the Uuited States. Statutes at Large p.
SIS.
The treaty ma king power is vested not in Con-
gress, but in the President, by and with the advice
and consent of the Senate. valid treaty can be
ebcogated only by the power which IL competent TO
make treaty already void needs no act OF
Congress- or OF the President and Senate, to abro-
gate IT, while not void cannot be abrogated ex
cept in the constitutional way.
A treaty, moreover, is the act Of two parties.
Neither can dissolve il without the concurrence of
the other The act OF Congress, then, left the obl
cations of the ancient treaties far France
concerned, and 30 far the United States polit-
oally were concerned, just as it found them.
SSNtntDiy As last resort, tne OppOntute VI tHebt
claims assert that the release Of the ancient treaties
pateiess, because they had been abrogated by or
bet,oeen the tic0 nations
waive the objection that these treaties Of
such a nature that they could not be abrogated
by war, and simply deny that any such war oc-
Cured.
Il,sar did take place, it must have begun in some
way and at some time, and have ended in some
other way and at some other time.
IL 10 quite certain that France never declared war
against the United States, and equally SO that the
United States never declared war against France.
There hostiiities between them but hostilites
are not always The statute book Of the
United States shows the nature and extent OF these
hostilitics.
We we're not at war with France on the l4th of
january. 1851 for on that day Congress declared
it q msdeneanor for an American to engage in
privateering against nations with whom the United
States were al peace, and we know that France
then regarded as In that relation, because the
United States afterwards authorized privateering &
against her in Ger tain cases
We were not at war with France on the 2Sth of
May, l79S; for on that day Congress directed that
provisional army should be raised in the event OF
declaration of war against the United States, or
of actual invasion of their territory by foreign
power, or of imminent danger Of such invasion.
Nor at war with France on the 18th Of
June l79S; for that day Congress suspended
commercial relations with France-a measure
quite unnecessary. if war had already broken up
that intercourse.
Nor were we ut war on the 25th of June, 179S;
vessels to oppose and resist searches, restraints,
and seizures. by armed vessels Of France. Such
opposition and resistance would have needed no
sanction if committed in open war.
We were not at war with Franco on the ID day
of March 1899; for on that day Congress autho
rized the President to levy and organize additional
regiments, in case Ddr should break out De-
tween the United States and foreign European
power.
We were not yet at war on the Goth OF February.
1900; for on that day Congress directed that all
further enlistments should be suspenoeo, unless
during the Of Congress and during the eTisi
ing differences (Which existing differences the So
quel will show not war; between the United
States and France, or imminent danger OF invasion
of the territory OF the United States by that repub
Ic should, in the opinion of the President, be
deemed 10 have arisen.
Finally we were not at the 30th Of Sep
tember, 1900; for on that day the then ''existing
differences' between France and the United States
were adjusted by a conv ention, concluded on the
basis that although, in the opinion OF the United
States the aggressions Of France would "weli have
justified an Immediate declaration OF war; yet that
they had nevertheless been desirous Of maintaining
peace, and OF leaving open the door oi reconciha
tion with France, and had therefore contented
measures calculates to protect their commerce.
Insfrucsions to Amertcan Ministers at Paris Ocfo-
ber %, 1879.
Thus, sir, it ia shown, that if existed, nei
ther its beginning, its end, nor the way OF
either can ever be ascertained, and that the Uni
ted States we're profoundly ignorant Of its exist
ence. II any man in France, more than another,
would have known the existence OF such war,
that man was Napoleon Bonaparte. Yet we have
seen that the music of this ''soft and sllken war
never reached the ear Of the Great Captain OF
France For, in speaking Of the spoliations he de-
scribed them having been committed I'm time
of peace" Il was not thus with the other enemies
of France, while he was at liberty within her bor-
ders nor has it been SO that the countrymen OF
Washington, of Taylor, and of Scott, have con-
Quoted their campaigns in other conflicts
IL fror fhia that the treatieS
question had been recognised always by both par
ties, and broken in parts by both, but under cir
cumstances of and pailiation; and that they
were therefore in force when the United States and
France mutually agreed to extinguish them, on
the condition of release OF the claims for indem-
nities of the value of that agreement 1t 10 unne-
cessary to cay more, than that without II the Cn-
ted States might have been held by the ancient
treaty of alliance to have followed to some extent
the varying fortunes Of France through her wars
during the consulate and the empire, until she iound
repose, from complete exhaustion, on the held OF
Waterloo.
No reason for rejecting these claims remains,
except that they have not been paid heretofore.
But mere lspse of time pays no debts, and dis
charges obligations There has been no re.
lease waiver, no neglect, no delay, by the cred
itors. They have been here twenty-five times in
fifty years; that is TO say, they have appeared in
their successive generations before every Congress
since their claims against the United States ac-
crued Against euch claims and such creditors
there Ia no prescription
II ia said, indeed that the nation ia unable to pay
these claims now. put single question in reply:
When will the nation be more afiiuent than now?
The Senator (Mr. HuaTER) says again that If
the debts just should pay the whole, and not
moicty; the claims are unjust then the bill pro-
poses a gratuity-that in the one case the appro
priation Is too small, and in the other too great
This is the plea of him VITO. think il was in Ephe
sus despoiled the statue Of Jupiter of it's golden
robe snyipg, Gold was too warm in summer, and
100 cold in winter, for the shoulders of the god
Sir, con,uercc is of the great occupations Of
this nation u s the fountain Of its revenues it
is the chief agent o. i IN ION
care of the Federal authorities is for the protec-
ton Of commerce that they psSs laws, make trcn-
ties, build fortifcatons, and maintSin nnvies upon
all the But justice and good fai;. are surcr
defenccs than treaties, Notifications, nava ma-
ments. Justice and good faith constitute true ma
tionai honor, which feels stain more keenly than
wound. The nation that lives in wealth and in
the enjoyment OF power, and yet under unpaid OBJ
legations, ives in dishonor and in danger. The ma
that would be trulv elv 70