The daily union., 1852-05-08

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copy Of this resolve was furnished TO Mr. Monroe with
letter notifying him that the functions OF the French
minister penpoleniiary to the United States were sns
pended the 7th October, 1886. BY decree Of March
ed. 1897, il ordered among other things that ench
vessels ofwar and pvateers might stop and carry into
the ports OF the republic neutral vessels found loaded
enirelyor In part with merchandise belonging 10 the
enemy that merchandise belonging the enemy shall be
declared good price, and conscated for the benefit OF the
captos This decee also declares that the treaty OF l77S
has been modified by the treaty concluded with Great
Britain on the 18th November, 1894. known Jays
treaty. and proceeds apply rules and reg uatons TO
American commerce. totally with the rights OF
neutral naiion and especially al variance with the treaty
spuaons before cited 1t also under this decree de-
cared that every American vessel shall be good prize
which has not on board list OF the crew. (ros de9upage
such as IS prescribed by the model annexed To the treaty
OF the 9th February, 177s-a compliance with which is
ordered by the 25h and 27th articles of the treaty
under which 80 many condemnaory decrees were sabse
These and other DEGREES, 10 which have not time to
REFER manifest an abandonment by France, without any
and exhibit course OF conduct hostile to the United
States The acts on the high of those bearing
missions under the French republic were insulting and
Injurious IN the extreme. They treated enemies,
and moi friends will not detain the Senate with
discussion OF the points then in controversy The Amer
ican nation passed their judgment these acts OF hos
hiity The American Congress investigated and gave
their construction these DEGREES and these acts The
government demonstrated, and besough TO the
siipulatons of the treaties They sent minister after
minister to urge reconciliation, and TO demand forbear-
ance OF hostile acts, and 10 for indemnify TO our
ship owners and our sailors. Indeed, from the COM
mencemeDt OF those troubles to 1898. the documentary
history OF this coantfy is full OF the efforts al negotiation.
and reconciliation, and indemnity. Ii ever govern
ment could point TO their jealous endeavors, without
sort TO war to protect its citizens and their property from
foreign aggression, and 10 obtain compensation Tor the
past, it that Of the United States this occasion
"A series OF acts OF Congress-, among which was that
OF July 179S, declaring the treaties violated by the
French republic and void, opened new theatre OF action.
Diplomacy gave place TO force war--the resort to
physical orce-succeeded. mere reference to the acts
OF Congress in its newly assumed hostile attitude will
show how truly and earnestly the protection of the right
Of the citizen on the seas was urged by warke means
Within single year. commencing IN May l79S, no less
than twenty eight acts bearing on this subject passed
by Congress. Over millions OF dollars APP
propated, two millions ordered TO be raised by direct
taxation and loan OF millions authorized be
negotiated by the President The raising OF additional
military forces, the support of naval armament the
purchase OF vessels Of war; procuring cannon arms and
ammunition the enlistment of 900 men, the purchase
of gaeys the acceptance of volunteers among the
objects provided for Commanders Of armed vessels were
directed TO take all French armed vessels which had
miited depedations lowering the for the
purpose OF committing depedalions, on our vessels On
the 18th Of June intercourse with France suspended
and French vessels found within waters for
eied with their cargoes. they did not depart when
deed The act OF June 2o authorized merchant vessels
resist search by French vessels and capture them
and also to recapure American vessels and the 2sth OF
June vessels thus captured declared forfeited The
United States vessels to capture armed French vessels
and authorized special commissions for the like purpose
TO be issued 10 private armed vessels. s H
The President also issued orders TO the commanders OF
armed vessels OF the United States under the OF May
49, 1885, TO seize and bring into port any armed French
vessel which should be found on the coast having com
mued designing commit. depredatons on the prop.
ery of American citizens and TO retake any vessel be-
longing TO citizens which had been captured by any
such armed French vessel By order of July 10 they
directed TO capture any armed French vessel on the
high seas. II is alleged that under these provisions
there were captured eighty three French vessels, sixty
eight OF which were condemned
Under these laws, from l79s 10 the making of the
treaty actual public between the two nations
the ocean raging. Blood shed, and treasures
were expended by both parties, and daring exploits OF
American commanders rendered memorable their en-
gagemenis, and secured reputation to their country and
laurels 10 themselves.
know, Mr. President, that some persons deny that
state of actual war existed and treat absurd after
thought so 10 regard it, will make reference Two
TO show how il was regarded by others.
Wheaton, in his work on international law, speaks OF
the two kinds OF war-pertd and tmperfeet-and cites
that TO which have referred instance OF the latter
places. persons and things The question has also
ceived judicial determination in the Supreme Court OF The
United States.
In Bas u.s. Tingey a Dallas Rep, 35) the question was
presented and the judges delivered their opinion ariaRm
Justice Moore demanded "by what other word the idea
of the relative situation of America and France could be
communicated than by that OF hostility or war land
how can the characters Of the parties engaged in hostility
or war be otherwise described than by the denomination
OF enemies r.
Justice Washington said +" The decision OF this ques.
ton depend upon another; which is whether the
time OF the passing OF the act OF Congress of the I'D
March, 1899, there subsisted state OF between the
two nations IL may, believe be safely laid down tha,
every contention by force between two nations in exer
nal matters under the authority OF their respective gov
ernnenis is not only war, bnt public war"
Aud again !" But hostlities may subsst between two
naons more confined in It's nature and exeDt-being
limited as to places persons, and things and this Is
properly termed imperfect war, because not solemn and
because those who are authorized 10 commit hosties
under special authority and 60 further than
to the extent OF their commission Still, however, 1t is
public war, because il is external contention by
force between some OF the members OF the two nations
authorized by the legitimate powers" " In fact and in
law" he adds, I'VE are at war"
Justice Chase Is no less explicit "Wha then, is the
nature OF the contest subsstng between America and
Fnncei In my judgment il is a limited, partial war
Congress has not declared war in general terms; bui
Congress has authorized hostlities the high by
certain persons in certain cases" So far Is unques
tionaby partial war bat, nevertheless, IL is public
war, account Of the public authority from which il
ernanaies"
Justice Patterson says: AN imperfect war; or a war
as TO certain Objects and certain extent exists be-
the two nations and this modified warfare
lhorzed by the constitutional authority of country
Thus all the Judges concurred in declaring the exist
of war, and that II was public and authorized by
Congress.
The question whether war existed or not received also
and official determination in the execu-
tive branch of the government The opinion OF the then
Attorney General Charles Lee, required this sub
lect and his reply is 80 definite and pointed that beg
leave 10 read IL 10 the Senate II is dated August al
179s
"BucK TAvERN, August 2l, I79S
"SR, Having taken into consideration the Of the
French republic. the United States the laws
OF Congress passed the session, Is opinion
fhefe an Urft be v.eep