The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-01-30


ships were permitted to take French goods out
of American vessels, while reciprocal right was
denied to the French marine. All these COM
plants, however, were disallowed, upon grounds
which will not now be questioned
Nor were the relations between the United
States and Great Britain less disturbed Besides
having offended earlier and more fagrantly than
France against our neutrality, Great Britain still,
in violation of the Treaty of Independence, held
the military posts on our Western frontiers, and,
through them, the control of the disaffected In
dian tribes; nor did she seem unwilling, amidst
our domestic disrac ions, to provoke a new trial
of our ability TO maintain the independence she
had so reluctantly confessed While John Jay
opened negotiations with Great Britain, at Lon
don, James Monroe, at Paris, assured the French
Directory that Mr.. jays object was TO obtain
compensation for spoliations, with an immediate
restitution Of the w estern posts; and that he was
positively forbidden from weakening the engage
ments existing between the United States and
France. These assurances were effectual Early
in 1895 the French Directory decreed that the
Treaty of Amity and Commerce should thenceforth
be strictly observed, and provided for indemnify
ing those who had suffered by the embargo at
Bordeaux and Mr.. Monroe began dispatch
with announcing that a satisfactory arrangement
Of the claims for spoliations was at hand. But he
the ground thus happily gained had been sudden
ly lost, by reason of rumored stipulatons injuri-
Gus to France in the British treaty just then
signed at London
A cloud Of political mystery gathered upon
this compact from the day of its execution, the
18th Of November, 1894, until il was finally pro-
mulgated on the 9th of May, 1896. France CON-
planned Of this eonceslment as disngenuous and
she ever afterwards maintained that the United
States had not merely violated their engagements
with her, but had even abandoned, also their pro-
fessed neutrality, by relinquishing the principle
that free ships made free goods, and by giving to
England too favorable standard Of contrsbsnd
She therefore pursued her depredations more reck.
lessly than before and with the avowed purpose
Of compelling the United States to break their
new engagements with Great Britain, her ancient
and most inveterate enemy.
Mr. Monroe was replaced by Charles Cotes-
worth Pinckney but France now refused to receive
or recognise Minister new and august COM
mission was constituted consisting Of Mr.. Pinck-
ney, John Marshall, and Elbridge Gerry who,
after enduring many insults and battling many
intrigues, returned to the United States. The
United States, spprehendng war with not only
France, but Great Britain also, laid the founda-
stions Of their present systems of military and
naval defence and the controversy with. the for
mer Power ripened into resistance, reprissl, and
retaliation. After two years had thus passed, and
the French Directory had consented to negotiate,
Oliver Ellsworth William X Dsvie, aod William
Vans Murray, proceeded to Paris as ambassadors.
They found France just entering the fourth act
Of the drama Of her Revolution, the Consulate Of
the youthful Conqueror of Italy The American
ministers demanded indemnties for the spoistions,
as SIN: qua non The French ministers, at whose
head was Joseph Bonaparte, readily yielded this
condition. but insisted at the same time on re-
cognition and renewal of the ancient treaties with
national damages for the violation of them, rs a
sue qua non on their part. The Americans, de-
Ginning in every case to continue the ancient
treaties, proposed to purchase exemption from
their most embarrassing stipulations They Of
fered ten millions Of francs for release from the
article of guaranty, and three millions of francs
for reduction of the privileges granted to
France by the 18th article Of the Treaty of Com
merce, to such as were allowed by the United States
to the most favored nation. France rejected all
such overtures, and the commissioners respect
lively recedng from their extreme demands, con-
cluded an accommodation by which the United
States received compensation for the plumber Of
vessels not yet condemned, together with payment
Of the claims founded upon contracts and also
satisfactory designation of articles contraband Of
war. The claims for spoations in cases where
condemnation hal already passed, the original
sine qua non on our part, together with the recip-
rocal claims Of France for indemnties, and for
recognition and renewal of the ancient treaties,
the original siae qua on the part Of France
were reserved by the following article:
cart. 3 The Ministers Pleuipotentiary of the
two parties not being able to agree at present
respecting the Treaty of Alliance of the 9th Of
February, ITS, the Treaty Of Amity and Com
meroe or the same date, and the Convention of
the 18th Of November 1883, nor upon the ind en-
mites mutually due or claimed, the parties will
negotiate further on those subjects at conve-
nient time and until they may have agreed upon
these points, the said Treaties and Conventions
shall haye no operation, and the relations of the
two countries shall be regulated as follows"
The United States amended the new compac,
by striking out this second article altogether, and
by adding new one which limited it's duration
to eight years.
Bonsparte First Consul, accepted the amend
meuts, with an explanation, in these words:
Provided, That by this ye,yeachm1v the two
States renounce their respective prctensions
which the objects Of the said (seoond) article"
The United States assented, and the compact
was ratified as thus mutually amended.
This is the Convention of 500. "The preten.
sions" which France thus reinquished were claims
for ndemnties for violations the ancient treaties
and a renewal oithose treaties; and the "preten-
| sions" which they thus renowned were the claims
for indemnities for spoliations upon the property
Of American merchants, which are the subjects OF
the bill now before the Senate Of the United
Statos
Mr.. President, this review discloses--
First. That on the 9th day of February, I77s,
and on the l4th of November, I7SS, the United
States aud France entered into reciprocal politi-
cal and commercial engagements mutually bene-
fetal
Secondly. That, previously TO the 30th Of Sep
TENDER, 1900, 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 sum of ten millions of dollars,
exclusive Of interest.
Thirdly. That the United States negotiated
with France for payment Of those damages. and
also for release from their ancient obi gations
and that France conceded the claims for damages,
but demanded national iudemnties for violation
Of the treaties by the United States, and also a
| continuance and renewal Of them.
Fourthly. That the United States renowned
their claims for damages, in consideration of a
release by France of the treaties, aud Of her
claims for damages
Filthy. That thus the United States confs-
Gated ten millions of private property of their
merchants, and applied it to the purchase Of ma
iioaal benefits, under Constitution which de-
clares that private property shall not be taken
for public uses without just compensation to its
owners
IL 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 an
cient engagements with France, undertaken to
secure the establishment Of the national liberty
and independence it becomes in equity invested
with their sacredness and sanctions, and there.
fore ought to be regarded as debt incurred for