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

10 the lang uages' unlss shall b1sak out" II was
passed about the time OF the arrival oil our ENJOYS 10 Paris
authorized the suspension OF another aci. u"ss ~s
sssd break out bsgssa The United States and tho Ffeach re-
psts and yet we told in the face OF this aci which
provides against it as contingency not then existing
that war had been raging between he TWO haons lof
that requires such logic sustain II II would seem that
the reading OF the would be sufficient to explode the
new war they now presented 70 defeat .ns measure Ss
Michigan took occasion yesterday to speak oi the
claims OF citizens in their infancy, as then weak
and unacknowledged and aorogaled oy war; Dia any
gated the claims might retort upon the alluson oy
saying that this argument s now In s infancy ior
the men OF that period knew perfectly well that congress
pubcs-hat the executive OF the United States did not
regard The differences war; did the government OF
France To establish these positions need ADD no,nlng
given 10 our ministers, when the mission WAS sent 10
France Those Instructions having REQUIRED 10 the nn-
ineJovs acts OF wTQDg committed the commerce OF the
Uoited States, aad lie refusal Of indemnify BY the gov
ernment OF France. proceeded to says
This conduct OF the French republic would well have
justified an immediate declaration OF war on The part q .ns
ong aus open the door o rscoaeaiat.s" oim Frane
The United States oon,so,sd with so%
merce. e."-Stnats Docs. 18th Cong vol 8, p o6l
l will also refer TO a communication Of the French
minister's 10 the American envoy, made but lew weeks
before the signature OF the convention as conclusive ha
the OF France repudiaed the idea of war as
empRaticayas own. They say:
In the first place. they will insist upon the principle
ties which , united France and the United States are
broken that could not have broken them but
s a saa h
act of some agents rather than by the viii o the
have now shown the absolute reputation OF the war
theory by Congress- by the Executives and the govern
men Of France. But need not stop here Il would be
Nf tho hon In
aor from Michigan 10 refer 10 well settled principle OF
national law. The mere fact OF war does not exngush
claim. II claim is the acknowledged ground OF
acknowledgment OF the right Of the claim il would be
regarded abandoned the relations OF the parties
the subject OF the war would be xed by the treaty Of
peace But il the adverse party admit the claim, and
agree provide for it, nothing can be more unsound than
TO say that the demand is exngushed which is provided
for or to be the subject of future action;
Again, it France, and France only, that had the
right TO take the objection that she exonerated BY
war; or otherwise. from demands against hersef and as
she did not do it, but the contrary, negotiated on the
basis OF peace, the ground is not open for U.s.
Mr. President, the claim for ndemntes was recognised
by both 10 be existing and Just throughout
the entire negotiation. This great fact now controyert,
ed, acknowledged by the negotiators themselves,
and affirmed by the executive departments OF both govern
ments The history of the negotiation is full OF evidence
this point will read from the instructions OF the
Secretary of State OF October 90 $780, TO ENJOYS
Mcssrs Ellsworth, Dave. and Murray:
First. At the opening of tie negotiation you will in
form the FIench ministers the United States from
aon 70 make 10 the citizens The United States a
Psnsaon for all losses and damages which they shall have
dsmnaiions their vessels other properly. under color
ofaukoy commissions from the French republic or ss
irregular and Illegal when to the laws Of nations,
generally received and acknowledged in Europe, and the
February l77s fairly and ingenuousy interpreted while
that treaty remained In force
Second. II these prelimnarics should be satisfactorily
arranged then, tor the purpose OF examining and adjusting
all the claims OF citizens, will be necessary provide
Tor the appointment OF a board OF similar
that described in the sixth and seventh articles o the treaty
Of amy and commerce between the United States and
As the French government have heretofore complained
of inngements Of the treaty Of amity and commerce by
United States their citizens all claims for injuries
thereby occasoncd France Its citizens TO be sub
mued 70 the same board and whs,ever damages they
from the awarded 10 be paid by France"-Ss~ Docs
lat sfss. 18Th Cong, vol. 8, page o62 QE
Compensation for irregular captures is here made an
indispensable condition OF a treaty.
On the 7h OF April. lsoo in their first letter TO the min
listers of France, Messrs Ellsworth, Davie and Murray
say: asaN h aet a 4
"Crrrzxs MINISTER'S The undersgned appreciating the
value OF time. and wishing by ankness evincc their
sincerity directly the great object OF their mis-
son-ln object which they beeve may be best oba ined
by avoiding mnutely the we-known and
painful incidents which have rendered negotiation
ITO sadsfy the demand OF justice and render recon
cs,ion cSrdi. nnd psrmsnep, ,nsy propose an arrange,
rn. ci,onm.snoe. 10 a.cer,sn and bs
table claims OF the citizens Of either nation the other,
whether founded contract treaty the law o nations
The way being thus Prepared the undersigned will be al
liberty spulae for that reciprocity and freedom Of
me cia intercourse between the countries which
essentially contribute TO their mutual Advantage
Did, p $50
To ascertain and discharge the equitable claims OF the
respective parties declared to be the great object of the
mission Eli
How was this proposition met by the French ministers
Do they deny the habilityi Do they rerudIae the de-
nand for indemnify for injuries Do they set up dis
demand fairly, and acknowledge the responsibility.
will read their response OF April to the American
voys: tt a. #e as4 te#9
"The ministers plenipotentiary of the French republic
have read aenvely the proposition for plan of negota
which communicated to them by the ENJOYS
traordinsV and ministers penpoentary Of the United
States OF America. . ~
Tbey think that the st object OF the negotiation ought
the determination Of the regulations and the steps
be followed tor the estimation and decentralization OF njn-
io- which either nation make claim for itself
for any offs citzens and that the second object
made between The nations and the accomplishment Of
the views Of reciprocal advantages which suggested
them."-Ibid, p, 68i. M
II is here conceded that The frat object of the negota-
lion ought 10 be indsmnUfcaiion Of injursa full and
frank admission thai the demand therefor was existing
and just n5&s#
Again, in their note TO the American ENJOYS, Of May
Q, 1900. they acknowledge, in terms, the principle Of
psnsaion. They say: M
the intention Of the undersigned exhibit an
auvoca proof OF the fidelity OF France her ancient
gsgements,"-Ibi p. sol.
The admission OF our claims by the French ministers
embraces ~dsmNiss for sposfons well debts found
ed contract and indeed, had reference mainly them