The daily union., 1852-05-08

goods excepted) should be fee although appertaining
The aath arties led defines the goods that should be
deemed conaband and declares many articles which by
me law oil nations were regarded coniraband Of war
70 ee 80 under the treaty Provisions. material for ships
and shiprlgging among them. and many articles Of
merchandise, the carrying OF which opened to our com
mefce immense aud profitable business with the ma
.ons OF Europe II The privileges secured by this provs-
the wars which distracted the eastern world for the
ten years OF the last century, our merchant vessels would
have enjoyed richer harvest than the annals OF com
merce can elsewhere exhibit
In addition to the treaties above mentioned q conven.
on known as the consular conventions defining the du.
ties and powers OF consuls appointed by the two nations
respectively, concluded on The l4th OF November
l7SS am not aware OF any provision OF this conven-
on bearing on the questions involved 10 the matters
These treaties remained without any modification By
agreement OF the respective partes or any specific
and open ressos..oa 2. them BY either party un July
heretofore concluded with Fanca no longer obligatory
on the United States. approved that day. II is declared
that the treaties between the two have been
repeatedly violated on the part OF the French government
and the just claims OF the United States for repaaon OF
injuries so committed have been refused and their at
lempts TO negotiate an amicable adjustment OF all com
plants between the TWO nations have been treated with
ndgnity and under authority OF the French govern
ment there is yet pursued aganst the United States sys
tenn q predatory violence araStng the said treaties and
The act then declares that the United States of
right freed and exonoratad from the stpuatons Of the
convention heretofore
cluded between the United States and France and that
The same shall not henceorth be regarded legally OBJ
iigatory on the government or citizens OF the United
States" Ea.yl .gq
Regarding this act as one of validity and effect we
have simple statement OF the relations existing between
the two nations when the depredaiions commerce
complained OF by the memoriasts committed An
terror to the 7h Of july l79s, the treaty stpuaions
in force and the wanon destruction unwarraned
iscaton OF our merchant vessels in violation of
these provisions From that date the subsequent rca-
~ in September lSO0 the rights Of parties must be judged
OF by the law OF naons, applied 10 the actual relation
OF the two countries As TO the true character OF these
relations during the latter period, am aware there is
difference Of opinion. Iva.
Now, sir. in whatever light we may view the depre-
daons committed upon vessels belonging to American
citizens-w wheiher done in violation of treaty stipua-
tons, when the eaties in existence, commit
ted subsequently in breach OF the law OF nations, after
the passage OF the act aboshing these treaties and de-
clanng them TO be null and void no obligation was i'm
posed by them upon the American TO ndemni
fy these claimants They were the aggressons OF foreign
nation, neither occasoned sanctioned by gov
ernment No government ever assumed TO pay from the
public treasury for damages occasoned by The violations
OF the rights of its citizens by other and foreign nations
Such an appropriation OF money only be justified by
showing case OF special circumstances 10 take out OF
all general rules, and fixing upon the government
extraordinary obgaion-some act OF unwarranabe in
reference which has caused the injury or some express
assumption OF payment for depreda,ons committed by
another. NJ 4.f.g1I
In connexion with the treaties, will here refer to
another branch OF the which strongly relied upon
by those who urge these claims The convention of
$500. transmitted 10 the Senate for ratification
contained an article which that body fit TO expunge
mat article was The second in NUMBER and was in these
words: as
The ministers plenipotenary of the two parties
being able TO agree at present respecting the treaty of al
lance oil 9th February l76S the treaty of amY and
merce of the date, and the convention Of the l4th
Mover mber, l7ss upon the ndemnes mutually due or
claimed the parties will negotiate further these subjects
at convenient time and until they have agreed
these points, the said treaties and convention shall have
no operation and the relations OF the two countries iha
be as follows,"&c. .EG n
The convention then ratified by the Senate. with
an amendment striking out the article which have just
read. Ii vas transmitted TO France for ratification by
Bonapae, then First Consul II ratified by that po
ientate the part of France-with the addition, how
ever, OF the following
Prorided, That by this reuenchment the two States
renounce the respective petensons which are the object
The American Senate, when the convention was again
submitted 10 them by the President for further consider
alton, resolved that they considered tbe said
ton fully ratified and returned the to the Pres-
dent Tor the usual FORMULATION And in consequence
OF this resolution OF the Senate the treaty proclaim
ed by the President OF the United States.
On the provisions OF this convention OF 1900, and the
transactions OF the government in connexon with il,
which have REFEREED the petitioners rely to charge the
treasury OF the United States with this claim OF FIVE
millions OF dollars, admitted 10 be original debt of
theirs. II any such liability exists, it arise from
one of two sources OF obligations Either in the first
place. from such derelction OF duty upon the part of
The government oil the United States IN aiding It's citizens
ITO obtain just compensation from the foreign nation,
has defeated the claim or secondly from discharge OF
the Just claim o the citizens by negotiation, and of
It 10 acquire valuable equivalent for the benefit OF
government, and the consequent assumption OF the debt
TO be paid from the treasury OF the United States
Having thus stated the general facts connected with
the claim and the condition and relation OF the parties,
now proceed 10 submit reasons why, in my humble
Judgment these claims should be paid from the
ufy OF the United States. E
The hrst clam is founded upon the neglect OF this
nation in reference TO these claims contend that during
the time previous 10 the adoption OF the treaty OF 1900,
this government prosecuted these claims with great energy
and perseverance for the purpose OF securing indemnity
that during that time they only negotiated the utmost
extent that could be required OF them, but proceeded fur
ther and resorted 10 the only remedy by which claim
OF this character could be enforced Tha, remedy
war; and contend that during the time 10 which have
feerred-for two or three yeafsihere existed between
France and this government state OF actual public
Ii is principle OF the law OF nations-ecognsed every
OF its citizens against another has proceeded TO the
tremity OF war; whether indemnity is secured not. all
claims for such depredations concluded. But II has
been denied that existed between the two nations
What, then, the state OF things between them Did
the government Of the United States resort TO war; IL
will be observed that at very early day the American
government commenced the discharge Of it's duties to-
wards the citizens claiming for injuries committed by the
French their vessels Constant and repeated efforts
were made from the French government the
pay of those claims As early as March, l793--he
very commencement OF these njuries-Mr. Morris, then
minister OF the United States France made formal COM
plant the French Minister OF Foreign Affairs OF vio-
istons committed by the French prvateers upon Aoer
These plants repeated over and
lision between the two governments, which was erm
mated by the convention OF 1900