The republic., 1851-01-31

But he closed the communication with statement
that the ground thus happily gained had been sud-
denly lost by reason of runored stpuiations inju-
rious TO France in the British treaty just then
signed at London.
cloud of political mystery gathered upon this
compact from the day Of its execution the 10Th of
November, 1794-until 1t was finally promulgated
on the 9th Of May, 1896. France complained Of
this concealment as disingenuous and she ever
afterwards maintained that the United States had
not merely violated their engagements with her,
but had even abandoned, also. their prolcssed neu
trality, by relinquishing the principle that free
ships made free goods, and by giving to England
a too favorable standard Of contraband She there
fore pursued her depredations more recklcssly
than before, and with the avowcd purpose of COM
pelling the United States to break their new en-
gagements with Great Britain, her ancient and
most invcterate enemy.
Mr.. Monroe was replaced by Charles Cotesworth
recognise n minister. new and august commits
sion constituted, consisting Of Mr.. Pinckney
John Marshall, and Elbridge Gerry, who, after
during many insults and battling many intrigues,
returned to the United States. The United States,
apprehendng war with not only France, but
Great Britain also. laid the foundations Of their
present systems of military and naval defence; and
the controversy with the former power ripened in
to resistance, reprisal, and retaliation. After two
years had thus passed, and the French Directory
had consented to negotiate, Oliver Ellsworth Will
liam II. Davie, and William Vans Murray, pro-
ceeded to Paris ambassadors They found
France just entering the fourth of the drama of
her revolution, the Consulate of the youthful
queror of Italy. The American ministers demand
ed indemnties for the spoliations, sine qua
The French ministers, at whose head was Joseph
Bonaparte, readily yielded this condition, but
insisted at the came time recognition and
renewal of the ancient treaties, with national
damages for the violation of them, sine
qua non on their part. The Americans, de-
clining in every case to continue the ancient
treaties proposed to purchase exemption from their
most embarrassing. stipulations. They offered ten
millions of francs for release from the article of
guaranty, and threcmiIlions of francs for reduc-
ton of the privileges granted to France by the nth
article Of theTreaty Of Commerce, TO such as were
allowed by the United States to the most favored
nation. France rejected all such overtures, and
the commissioner respectively receding from their
extreme demands, concluded an accommodation
by which the United States received compensation
for the plunder of vcsscis not yet condemned, to-
gether with payment Of the claims founded upon
contracts, and also a satisfactory designation of
articles contraband of war. The claims for spolia
tions in where condemnation had already
passed, the original sine qua non on our part, to-
gether with the reciprocal claims of France for in
IDENTITIES, and for recognition and renewal of the
ancient treaties, the original sine qua the
part Of France, we're reserved by the following
article:
''Art .. The ministers plenipotentary of the
two parties not being able TO agree at present
specting the treaty of alliance of the 9th of Febru-
ary, l77S the Treaty of Amity and Commerce OF the
same date, and the convention Of the 18th Of Mo-
due or claimed, the parties will negotiate further
on those subjects at convenient time and until
they may have agreed upon these points, the said
treaties and conventions shall have no operation,
and the relations of the two countries shall be regu
lated as follows"
The United States amended the new compact by
striking out this second article altogether and by
adding new one which limited its duration TO
eight years.
Bonaparte, first consul, accepted the amend
mcnts, with an explanation, in these words:
"Propided, That by this retrenchmsnt the two
States renounce their respective pretensions which
are the objects of the said (second) article"
The United States assented, and the compact
was ratified as thus mutually amended.
This is the convention of 1900. ''The preten
sons'' which France thus relinquished were claims
for indemnities for violations OF the ancient treates
by the United States, together with continuance
and renewal Of those treaties; and the prcten-
sions'' which they thus renonnced were the claims
for indemnities for spoliations upon the property
Of American merchants, which arc the subjects OF
the bill before the Senate of the United
States.
Mr.. President, this review discloses--
First. That ON the 9th day of February, l77S,
and the l4th of November, 17SS, the United
States and France entered into reciprocal politi-
cal and commercial engagements mutually bene-
kcal.
Secondly. That previously to the Both of Sep
'tember, $500, France violated her engagements
by committing depredatons, in which merchants,
citizens of the United States sustained damages
to the amount of twenty millions of dollars, Of
which, after allowing all claims adjusted, there
still remains the SUN Of ten millions OF dollars,
exclusive of interest
Thirdly. That the United States negotiated with
France for payment of those damages, and also for
a release from their ancient obligations; and that
France conceded the claims for damages, but de-
manded national ndemnities for violation of the
treaties by the United States, and also continu.
ance and renewal Of them.
Fourthly. That the United States rcnounoed
their claims for damages, in consideration of re.
lease by France of the treaties, and Of her claims
for damages.
Filthy. That thus the United States confscated
ten millions of private property Of their merchants
and applied it to the purchase of national benefits,
under Constitution which declares that private
property shall not be taken for public without
just compensation to it's owners.
II seems to result from these facts that the United
States became Immediately liable to pay to the
American merchants the sums before due to them
by France; and as this obligation was assumed by
the United States in lieu of their ancient engage
mcnts with France, undertaken to secure tue es-
adjustment of the national liberty and ndepen-
dence, 1t becomes IN equity invested with their
sacredness aud sanctions, and therefore ought 10
be regarded debt incurred for The attainment !
OF the sovereignty, liberty, and independence of the
United States.
SO ancient, and apparently so sacred and so just,
be discharged
proceed to review the rcasons which have been |
at various times assigned
questioned.
The very learned and justly distinguished Sen
ator from Missouri, MIR. BENTON in former de-
bate, stated that France had justified these spola-
tions. on the ground that the ships seized were in
part laden with goods belonging to Engshmcn. J
who had borrowed the names of Americans
not been able to find evidence ~ .,.h Ja'e
pretension. On the otbe-' ~, suPpo,. SUN q
~. = lated States constantly claimed that
suiIerers were American citizens Sir, II these
claims spurious, then il must be true that either
Marshall, Pinckney, Monroe, Morris,
Jefferson, Adams the elder, and Washington, were
ignorant of the fact that they coliuded defraud
France. Neither position can be true. The claims
are therefore just.
An objection raised by the Senator from yir-
ginia (Nlr. HuSTER) falls under the same head.
Il ia that the French government have list or
table Of the claims submitted in 1903, which was
presented TO the French government by the Ameri
can commissioners, and which shows that the
French, ns the Senator says, supposed that they
paid, under the convention of 1908, all the claims
Of American ci,izens. have this table before me
II the honorable Senator will refer TO the treaty OF
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