The daily union., 1852-05-08

face of all these facts that this war was waged 70
the purpose OF redressng the wrongs OF injured citizens
was the means by which The continued appeals Tor
dress the reiteaieds demands OF indemnify the unceasns
femonsance against continued aggression,
onded and by which arrangement was finally effected
which, tdd not accomplish all that could be desired,
least secured many private interests. and restored amy
TO the two nations.
II does not appear TO be denied, Mr. President that il
this war had been general and unlimited its character
and waged 10 redress the grievances OF the citizens
would by the law OF nations terminate all iusl claims
Tor such injuries. Ii TO be supposed that such
war would give the claimants OF personal re
dfess--some power TO indemnify themselves for their
losses, which they have failed obtain do not SO un-
dersand the great principles which apply in such
NO war; under the rules OF civilized warfare, gives the
| night TO such redress for personal injury.
Jnsce Story says, after careful review OF the author
lties that the true doctrine OF the law OF nations s that
private Citizens cannot acquire TO themselves title TO
hostile properly unless II seized under the commission
OF their sovereign and that they depredae upon the
enemy they act ai their peril and may be liable pun
that, IN modern times, the mere declaration of is
not supposed TO clohe The citizens with authority cap
,ure hostile property but that they may lawipy seize
hostile properly in their own defence, and bound to
secure Tor the OF the sovereign, all hostile property
which falls into their hands" .gs ~ ss. F, MI t-
War the most unlimited gives them such right of
private redress The government has the control of all
It's movements, and must conduct upon principles recog
missed among civilized nations The citizen who com
declaration OF hosites, commit his interests to his
own government and must abide the result Of treaty OF
peace They acquire no special rights to take indemnity
from the enemy enforce remedy for their wrongs
II the government shall prove powerful enough TO subu
gate the aggessor. the indemnity Of injured citizens will
De among the terms OF peace; II an adverse result
should attend the collision. the failure to indem
nifty OF the citizen would not be permitted proong the
or prevent the restoration OF harmony All the ben
ehls OF the best exerons OF the have been
accorded to these claimants all that could be given by the
most unremed efforts at negotiation, and all that the
open and unlimited could afford. II all they could
desire has not been secured, it is not the fault OF their
country. y #es n < sas Nrg g.r
There is another idea which wish here to suggest
upon the subject Many. if not most, of these claims
are Tor spoatons committed subsequent to the passage
OF the act declaring the treaty null and void. slC
Mr.. BRADBURY, Gn his seato Before that tme
MIR. FELCH. The documents in which we are to
seek for the facts IN this matter are so voluminous al
most TO bewider the who shall seek isolated facts
bnt Icannot be mistaken dates. The argu
mens by the claimants, assert that most of the
cases OF spolatiOns tor condemnation by the prize
of France OF vessels under pretence that they
were not provided with crew list. (rols deguipage.) :
der order which passed by the Directory March
2, 1897. During the year, sir. hostile were
commenced, and The legislation OF Congress was had
which authorized state of the between the
two nations and the 7th July, l79S, the decar
Rg the treaties void was passed. Thus short time only
atervened between the decree OF the Directory declaring
the role deguipage Indispensable 10 protect American
vessels from conscaton, and the time when the mari
time was at its height The confscation under the
decree oil 1897, for the want OF The list, the
subject of special instruction to the American envoys,
and Is treated by all parties the most fruitful
OF injury to shipping. is manifest that OF the
condemnation for the want of this role dequpage
red while the raging As to Losses Of this char
acer, no man could expect indemnity from government
But SIR there is no national treasury upon the earth that
could supply sucient amount 10 pay the indemnity for
all damages committed in any singe warI may almost
say in any single year of any war. The principle in
any nation The misfortunes Of war are often great to
individuals well nations; but the treasury of the
latter is never held liable to the former Ii
would beggar The richest treasury 81
Mr. BRADBURY. II the gentleman will give way
moment, desire TO have the facts correctly stated as
there seems to be some Misrepresentation. very
siderable part of the claims from seizures commit
ted under the decree OF March 2, 1897 Immediately a
ter il adopted very small portion OF the seizures
aor questions these facts believe they can be sustained
Mr.. FELCH. It's Of course impossible for us to tell
what portion oil these injuries are embraced in any specific
M. BRADBURY, lin his seat) There are lists Of the
claims Hs. l
Mr. FELCH Yes, sir, there are lists; but no one ,ha,
purpots TO contain all the cases, is there any pre-
tence that all put together constitute complete catalogue
SO confused defective, and imperfect they that
might almost nsk the promise 10 vote for them the hon.
orable senator would furnish from them a statement
which he would aver was satisfactory to his mind
do not pretend be very accurate as to the amount of
the claims accrung for depredarions committed during
The existence OF these hostile relations. There data
oy which accuracy IN reference 10 this fact be al
tanned. do assert, however from the documentary evil
dence that much the larger portion of these claims arise
from considerations for the want OF the crew-s under
The decree OF March, 1897 and that OF the period in
which they occurred the time when the two nations
met enemies The ocean And TO these they were
losses in time Of war-casuates which must be borne
by the cltizen and for which, under recognised prn
cple, can compensation be claimed of government
Now, Mr.. President, have done with this branch OF
The subject My allegation is, that this government
urged with all its powers the payment by the federal
government OF ndemntes for injuries committed on the
commerce OF our citizens by efforts negotiation that
failing in this, resorted to- and prosecuted at
immense expense that this resort foce and subse
quen adustme nj OF difficulties put end TO all claims
against France for such spolaons, and cannot become
the subject OF claim against government. III in
this correct, the bill under consideration manifestly
ought not 10 pass.
come now, sir, TO another branch OF the subject
which is more especially relied upon by the claimants
They declare that the government OF the United States
has assumed the responsibility of paying these demands
by virtue OF the negotiations which resulted in the con-
yen,on between the two nations OF September lsoo and
the notifications made in the original of this con-
vention by the Senate OF the United States and the
First Consul OF France when ratified by them. have
already stated that this second article, originally intro.
duced into the convention, struck by the Senate
of the United States and have cited the words OF the
expunged article.
The President declared that he would have preferred
The ratification OF the convention in its original form, and
without the expunging of this article. But the Senate
thought otherwise. IL ratified by Bonaparte, with
the declaration added 10 the amendment that "by this
rerenchmen the two States renounce the respective
pretensons which the object OF the said arhce."
Now, do understand it TO be urged by honorable
senators here that any liability to pay these claims would
have attached 10 our government on account OF this
Transaction II the convention had been ratified in it's
original FORM and without expungng the second article
The liability alleged grow out of this change in ia