The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-06

refused and offer only the whole OF the in
IDENTITIES, bat, in addition. the right to cosssSs sv-
eor 10 haos for e pubte shipQfWa. pvUaies ~sd ptsss
such privileges IA he ports Of each other M sssa Favored
aaiion shall enjoy" Notwithstanding the impossibiU Of
cur compliance, had already parted with the essw
sius right OF such use OF ports TO her enemy. Great
Britain. This offer shows the deep and aconSoliinG
desire and determination OF our government 10 Kc nd OF
the treaty obligations France at ul hazards which
finally accomplished at the cost Of the sposton claims
alone, which now under consideration.
II will be seen that throughout the whole negotiation.
and all the propositions OF the negotiation respectively.
the validity and subsistinx claims Of our citizens for
these spoa,ons were admitted and on no occasion de-
MED N#t4 t
In the Instructions to our envoys. (biesm. Pinknsy.
an annual subsidy OF 100000 10 future in lieu Of
the general aid required BY the guarantee in the treaty Of
alliance.
now invite the attention OF the Senate to the highest
authorities OF which the case is susceptible fret, that of
the French Minister OF Exterior Relations, Tallcynd
himself and second, that Of Napoleoa Bonaps!e, "A.
the close OF the negotiations after the convention had
been rstune ratified BY The Senate Of the United States
with the second article expunged Talleyrand gives the
fares OF France 10 the United States on the 4sh August
1901:
"Asin raying without explanation the two governments
would have onnd n an unequal po.on fc's
(the suppression oil this article releasing the Americana
sad ,ar ar 0a s Article
posed to the whole weight Of the eventual demands OF this
sy lha, orm be introduced into the act Of ratification,
in order to express the which the government oil
suppressed article" Ibid, p. 69S.
This language is significant" leaving us exposed to
the whole weight OF the eventual demands OF this govern
me mt relative to indemnies " II admits the existence
Of the claim for indemni,iesthat neither nego-
tation had terminated then-tha they were then valid,
and OF such weight that it necessary, for the proec
an express stipulation in the aci Of Ratification This IS
it remembered, after all the acts of war to which
reference has been madeaer the pretended abrogaton
49,
ing them-hat the French minister declared that they
would remain against that government unless released
by At a day heard nothing OF their ab!ogation
by denial Of their validity France would resort
to no such defence. But what do we witness now We
are told at this day that they had weight and that
France never admitted Their validity -snd TINS. Tnen
ample means for understanding the subject, united
with intelligence and sagacity that have become pro-
The authority Of Napoleon Bonapar,e is equally full
and explicit He was First Consul. and sigasd the I'D.
accepted by us Gourgand says that the sx Emperor r.
feed the convention OF 1900, and declared. in those
statements, that he was preparing for history OF the
events OF the times: fs fE sEf
That the suppression OF the second article at put
end the privileges which France has possessed by tho
treaties Of l77S and annuled the JUST claims which Amer
lea might made for injuries done in time Of peace
Gowgandi Napolsor Eth M 81s
This is an express admission that the privileges under
the treaties existed until terminated by the convenuon
ted in time OF .'peace I" and that the American claims
were usl" and remained valid until they were aanul-
led by The release in the ratification OF the convsaon.
Il would SEEM Mr. President. that the authority Of our
great men OF the time, who were identified with the
out Of which these claims arise and fully conyer-
SAINT with all the circumstances, ought 70 be entitled TO
great weight in determining question like thus. butI
have time only for reference to one or two s8lds
James Madison then Secretary OF State, in despatch
to Mr. Pnckney, minister to Spain. dated Februarys
1904, says: e a s.ala 5fi it AsulBS
"The claims again from which France was released
admed by France and the release wa. tor y:ia;
States from certain claims them -Ssrate Doess lt
ssn. 18th Cong, rof >, p 7So tI t.fsssf aG E6
John Marshall, in the extract from his Journal trans
med 10 the Secretary Of State. dated nth Of December
1897, says: iaasss asl 4l2s elf y
"That IL his conviction that II the claim OF Amsri-
can cuzens for property captured and Condemned icr
would be commiiting absolutely chance oonrLErHA
RIGHT INDIVIDUAL KvER rossEssEp" iNaa ~
In the letter of our ENJOYS Of the I'd October, 1o7 de-
failing the Secretary OF Stale the proceedngs * 70
they say: ,. stf coco
"ws told him (Taleyrsnd) that France had taken vic
sny from America s9 9s ct ,h;a % ssn en-, mon. Lone q a0is ~
Again, he says, ~ lo nso Wsu
the French termed the role dsqsrage and that We we're
surrender all the properly which had been taken from
with such role, the government would be responsible
the ciizens for the properly so surrendered since would
sbity in the allegation that treaty required res
4s5 tg
now refer to Mr. Presons letter to Mr.. Caussn, on
the same subject: es,l., .s9ss.a ~
CoLuxBIA, January -. 1874.
sx have this received you letter Of the zlsh
instant nqnng Of concerning Judge Marshslls opin-
ion on French spoIia0ns anterior 1900
When subject under discussion In the Senate
some yesrs SINCE member OF tho committee 70 which
had been given in charge. bestowed little paine in
the investigation of and as believe will % ev-
CRY that does became thoroughly sassnsd Of the
business Of tho claims. FL ti1sst ts4i. u
While they under discussion in the Senate they hap
be tho subject of between Mr. Leigh,
when Judge Marshall stepped In and having ovsrhsad
being informed Of the subject OF conveauon asked 70
share H. saying that having been connected win the
of that PERIOD and convcrsant With The oircu-
under which the claims arose. he wns Fon his
knowledge satisd thai fhsrs s sfvsefsf
s 10 eosnSswsats tia ssf0Ws ~ the
Frsreh poiatio~s. He succinct staeasat q ths
leading facts and the principles Of law applicable 70 the,
In 90 precise and lucid way that II seemed 70 ermi-
Of the argument by judicial decsiou u was ap
cucaon OF his opinion, arising from deep conviction Of s
truth. faa fH EHNT ststft-t @.iHf 3AH I
most heartily desire that the longdcaysd and vsry Ia
adequate justice proposed TO those unfortunate ca
ants will be made this sesson ~ .h&t. .s4 "
lam, dear sir. your obedcnt servant, s--,,s q
ha WILLIAM c. PRESTON. y
leave il to the Senate to determine the weight that
ought justly to be attached to the authority OF sscn nsms
Comment add nothing where their knowiedGe OF the
subject their capacity to investigate. their judgment and
integrity. are known and apprecisted ge.l.a.'
II has been intmaied that at the Perod o. wnsc0
have been speaking, our commerce Deing excesdnqy
pro,abe our merchants assumed the risk incident 10 the