The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-23

has right, by the law Of nations sach nsaral YES
ss aud, upon suspicion Of violation OF het neutral ob
cations, % seize and her into port ior farther exani
anlhonzsd--ii, resist tho search OF French public
vessel I'd. capture any vessel that should attempt by
any American vessel seized by French vessel and 4,b
@ capture any Fsench armed vessel wherever ioond on the
high This suspension OF the law oi natoashs right
Of capture and recapurecau only be authorized by
OF The government which is In isef acl OF hostiiy
But would weary the Senate if to read all the
extracts from that which pertinent to the ques
ton under consideration Suffice il 10 say. that the circuit
court decided that the Ffenchman enemy thus
deciding that was war; and the Sipreme Court unsni
mousy sustained that decision Suffice it, too, 10 say
mat IN the opinion OF all the iudgesand all of them de-
iiverrd their opinonsJudge Moore. Judge Washington.
Judge Chase and Judge iterson-in the opinion OF ali
these judges, II was war; public war. and of the kind
which civilians denomina,e imperfect war.
Now. Mr. President, what is laid down as the satsfac-
ton OF all obligations on the part OF naiion' To prose
cute The claims Tor indemnity on The part OF its citizens,
what Is lad down as the satisfaction which may be urged
and pleaded by foreign and begerent nation itself
against such claims i IS that war wazed upon that
account is satisfaction. That the waged on
that account we know from the history OF the times For
what else was il waged, except for these spostions
Judge Marshall, in the 9Th volume, page 745, OF his
Life OF Washington, says: in Congress vigorous
adopted for re,aa,ng injuries which had been
sustained. and Tor repeDg those which threat
ened-shus clearly assigning these spoliations ~ one
cause Of the war which was waged have given Amer
ican authority, judicial authority to the character OF
these hosililes Lei what Was the French opin
ION Inns question. same document, pare $685.
which informed that the President Of The French
commission said " II the question could be determined
by Indifferent nalion he satisfied such a tribunal
would say thai Inc present state OF things
the side OF America. and that indemnities cond be
claimed. The other commissioners made similar declara
tons" Same page he said Ii the government should
think proper 10 instruct them TO make treaty the
basis Of ndemnies. and modified renewal OF the old
tire ates he would resign than sign such treaty.
Upon page 634 will be found letter OF the American
commissioners, characterizng these hoslities as
Such sir, undoubtedly the opinion Of the commits
sloners on both sides So that have authority Of all
sorts for saying that this waged account OF
these spoIiations. And if was waged account OF
them can any man show me reason why perfect war
would have been satisfaction. and yet this is not Aas
faction for these claims!
Those writer's who lay down the doctrine that war is
satisfaction make distinction between perfect and
imperfect Both public wars and il any rea-
can be given for The sucency OF that cannot be
given for the other does not suggest itself 10 me- Why
il that perfect is satisfaction II is because
expend money TO ayenge injuries because we spill
blood; because we sustain losses on account OF the
claimants. In this case we made war upon France II
heavy expense TO protect the rights OF our cizens and
having done may truly 10 them we have done
all for you tina, you have right TO require beeau:e we
have sustained losses to avenge yon and nceed nunes
By way OF punishment upon the nation which has ahsc
ed YOU .f
The citizen claim nothing OF the government.
cept lis obligation 10 protect him-an obligation which
snbsis,s both a, home and abroad Let Us trace the
analogy, and wha, i the duty Of government in its
municipal relations What ia, then duty towards the
citizen One may rob another OF his purse. The gov
ernment is bound - punish the man who committed the
robbery and, having done So Its duty discharged IL
is not bound 10 make him who WAS robbed c0mpensa-
ton in money. And so IN relation to the obligation TO
protect the property OF lis ciuzens oregn nations
II if cannot obtain restitution in money through ne
sOation, II is bound TO punsh, Al can, the agGfes-
There are, indeed exceptions that rule for there
might be when the nation would risk its safey
too far by making the attempt and such il could
not be bound 10 peril li.eli IN yaiB bat IL - bound.
DO So without too much loss, 10 punish the wrong
doer may thus give security for the future TO its ei-
zens. And when If has made war, II has punished the
aggressor and when has done il has gwen perfect
satisfaction, and discharged iise from all Liability for
any further negotiation in relation 10 The CLAIM and,
what more, has furnished 10 the oe ndiDg nation
plea in law 10 the claim whenever II Is presented ior
the government may say you have taken your s4hstar
ton the shape OF and have right now TO ask Us
to pay the debt. And in truth did not the French coon
mssloners put in this very plea Did they not. when
they TO close the negotiations, say thus IN 10 many
words ! know the commissioners on both ndss
began with attempt Mr. Adei calls H. /" TO Disguise
the relations subsistlng between the Two counires
They attempted to act as If there had been waf-0h
possible to obtain some restoration OF ancient ires
ties. They negotiated for awhile upon that footing bat
finding that the only way TO settle tne question wa. TO
face The truth, and TO look al the real relations in which
the two countries stood, the French Commissioners sad
that In fact had been and " left 70 any impannI
tribunal would be decided. ! have already gwen
reference 10 this letter. and will not dwell further aponr
IsnPPo-e, Mr. President u we bad declared w.i Iof
the purpose of procuring indemnity Tor ihe-e cA.m@,
and had ended that Two years Afterwards by making
us such treaty this, by striking out everything IN
relation TO tnfeBnlf nODOIy cOutd nave peteOoSo
the claimant. had right 10 to US for saIsfac1ion,
or had right 10 20 TO France even ior payment They
had no right 10 do either. Win any man show me the
distinction and difference which would justify them IN
doing il after such hostlities as were waxed' Upon
booking back am struck with that repsoach
should have been cast government Tor is coOdar,
Uw ards these claimants. should like to know IN What
resp~ct it failed 10 discharge its duty towards them. IL
negotiated for years IL prosecuted ihis for about
two years, in which II raised and eqapp~d neeu,
expended money, shed blood, and hoAy made
treaty. and vey advantageous treaty, OF Peacs. ny
which !; secured payment for large class OF eiaAme
Suppose we had declared war, pursued II TO extfesi
ties: should we have procured 20 advantageous
treaty al It's close Would the claim ants have been ~
ter of Woad not the probable result have eeen te1s
we should not have obanef zfvanaSeousa treaty, ~
lar a. ihr future security of coacem
eli Wills, we should certainly have lost the psIvaie ea'ns
which secured IN the convention OF 500, and whch
would have been oonhscaied by Frxnee IL the war bod
been wazed further II we did precisely
what bsz, for their interest, and stopped Wectssy
where best for all concerned a, should have
stopped When we renowned all further Bssoat,oa os
the subjec Of indemnity. !, obvious that wss not
possible 10 have obtzlasd more Had we purssed the
negotiations from that time 10 this, never shoud
have obtained cent more Than has already been pa@
We justified therefore, IN abandoning the~s nego
iiailons We had done enough, and II Vas NOT psol@f
thai should hold ourselves responsible los the deb
Ihave now. Nr PfssAeai, examined into the desncss
up Tor the United States against ibsse cians
think are good. valid, and sufficient Bat or, ~.
saiiard !, remark which has oScAssoa~d on s'.s
erCl.u-I have said that even IL these eh'"s - sssa
iasr al one tune even II se bad failed some niy yesss
ago N the discharge OF duties torafaS on' ex,
that now after that lapse Of time. has pscooe imp
b,, 10 do iu.iics IL has become impossible 10 sscsAsh
what il due and 10 whom 4 - fne y o.