The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-20

ana extraordinary, 10 Obtain redress by negota
on In the last mentioned year these efforts we're met
by refusal to receive minister sent by
with special instructions 10 represent the amcable dis
position Of the government and people OF the United
States and their desire jeaiouses and TO
store confidence by showing that the complaints against
them were sroundless Failing this, another attempt
adjust all differences between the two republics was
made in the form Of extraordinary mission composed
Of three distinguished citizens but the refusal TO receive
was Extensively repeated and thus terminated this last
pea:e and restore Kind relations with
our early friend and ally 70 whom debt Of gratitude
willing to depreciate forget Years OF negotiation
mad only failed to Indemnity for our citizens
and exemption from further depreciation but these long
continued efforts had brought upon the government the
suspension Of diplomatic intercourse with France and
such indges as 10 induce President Adams in his mes.
Of May 10, 1897 to Congress convened in special
session. TO present the particular matter for their
consideration and to speak Of it in terms OF the highest
indignation. Thenceforward the action OF our govern
ment assumed character which clearly indicates that
hope longer entertained from the amicabe feel
ng justice OF the government Of France and hence
the subsequent those OF force.
On the 2sth Of May l7eS an act was passed for the
OF t o tbe rsynnc Of France
ed their capture, ii found lowering che coast OF
the United for the purpose Of committing depreda
tons the vessels belonging to the citizens thereof
On the 18th of june l79s, passed prohibit
ing commercial intercourse with France, under the
penalty of the forfeiture of the vessels employed
the 25th of June, the same year, act to arm the
merchant marine to oppose searches, capture aggres
sors, and recapture American vessels taken by the
French. On the 2Sth OF June, same year. act for
the demna and sale of French vessels captured
by authority of the act of 2sth OF May presiding On
the 9th Of July year act abrogatpg the
ties and the convention which had been con Guided be-
tween the United States and France and declaring that
the same shall not henceforth be regarded legally OBJ
hgatory on the government or citizens OF the United
States.n On the 9th of the same month act
passed which enlarged the limits of the hostties then
armed vessels Of France wherever found upon the high
seas, and conferred power the President to issue
commissions to private armed vessels to engage in Ike
service.
These acts, though short o. declaration of war
which would put all the citizens of each country in
hostility with those OF the other nevertheless
tual war; partial in its application maritime in its cha
racer but which required the expenditure Of much Of
public treasure, and much Of Tx blood OF pat
purposes OF war, went forth to battle the high
for the rights and security Of their fellow citizens and
to repel indignites offered to the national honor
is not thep because Of any failure to all avsila
BILE means diplomatic and military, to obtain Ieparation
that liability for private claims have been Incurred
by the Unted States and If there il any pretence for
such liability, il must flow from the action, from the
neglect OF the United states The first complaint the
dent Washington Of April %, 1898. At that early Pc
Rod in the which involved Prussia Sardinia
the United Netherlands, and Great Britain the
part and France the other the great and wise
who was the Chief Executive. he and had been
the guardian OF our then infant republic proclaimed
that the duty and interest Of the United States require
that they should with sincerity and good faith adopt
and pursue conduct friendly and impartial towards the
pretended in Disregard of the obligations alliance
between the United states aud France And this, to-
laons of the treaties of l7S had not beec observed
executed by the United States formed the pretex for
the series Of outrsges upon government and its ci
zens which finally drove us to seek redress and safety by
appeal to force The treaties of l77s, long the
subject OF French complaints understood to he
the foundation upon which laid these claims OF in.
demny from the United States for spoaons com mitted
by the French prior 1900 The act Of Cover
which abrogated not only the treaties OF l77s but also
the subsequent Consular convention OF 1885, already
been referred to- and it msy be well here to inquire
what the of France in relation thereto By
the DEGREES of 9th Of May, 1793 It'll of July 1885, and
I'd of March, 1897 the stpulatons which then and
subsequ most important to the United States
rendered wholly imperative The highly injurious Ell.
fects which these de.rees known have produced
show how vital the provons of treaty which they
violated and make manifest the ncontrovrtbie right of
the Cpd States TO declare the az these
acts OF the other coDtracDg party the treaties 1T end
The next step in this inquiry is whether the act de-
Glazing the treaties null and void repealed
whether by any other means the treaties
vved to lie either the subject the of
tional obligation The which has been described
tia. unept necessary to turn to ind bow much
Il existing obligations between The two governments
uti'ee the hosttes in which they had been engaged
ed that the ministers proentiary Of the two parties,
being able 10 agree respecting the treaties Of ALI
ance amity and commerce of IT'S, and tn. convention
of 1855, nor upon the indemnit es mutually due or
claimed the parties wl negotiate further these sub
ects at a convenient time; and until they shall have
agreed upon these points the said treaties and convention
shah have no operation
When the treaty was submitted to the Senate Of the
United States the second article disagreed to- and
the treaty amended by striking 1t out and inserting
provsit t3at the convention then made should con-
tnue eight years from the date of ratid cation,
which convention thus amended accepted by the
First Consul Of France with the addition of note
psnatory OF his construction Of the convention to the
effect that by the the article the
States renounce the respective preten.ons which
The object OF the said article.
II will be perceived by the language of the second ar
tcle originally framed by the neSotators that they
had found themselves bla to adjust the controversies
which years Of diplomacy and OF hostites had been
none tie discussion of those questions to that most in
definite period, convenient time All, then, OF these
subjects which revived by the convention was the
right renew, when IL should be convenient to the
parties discussion which had already exhausted nego
tiaton involved the two countries in maritime war,
and which the parties had approached to
than they were when the
The obligations of the treaties of IT'S, aud the con.
venon of l1ss, mutual and estimated to be equal
But hoseyer ouerous they may have been to the United
States they had been abrogated and not revived
by the convention of $780, but expressly spoken of
susI ended until event which could only by the
pleasure Of the United states II seems clear then that
the United states relieved OF obligation France
by the retncbment Of the second article OF convsn ion
and IT, thereby France relieved Of any valid claims
against her the United States received consideration
in return aud that If private property taken by the
nited States from Their citizens II was not for pub
lie But II lie proper inquire whether the United
States did relieve France from valid claims against hsr
ON the psrt OF citizens of the United States an did
thus deprive them Of their property.
The complaints and counter complaints OF the two gov
erpment lad been that treaties violated and That
sacrificed The correspondence OF our engaged
10 tons both before and after the convention OF
1900 sufficiently proves how hopeless the effort to
obtain full indemnity from France for injuries inflicted
commerce from 1898 TO 1900, unless 1t should be
by account which the rival pretensons of the two
governments should each be acknowledged and the bal
struck between them.
supposabe and may be inferred from the contem
poraneous history as probable, that had the United
States agreed in 1900 revive The treaties of l7S aud
1858 With the construction which France had placed
upon them, that the latter government would,
neI nd ha anTaQ NAL Fnr fhnaa
spolaous which committed under the pretext that
the United States athless to the obligations OF the
alliance between the two countries.
Hence the conclusion TIA the United States did not
sacrifice private rights property 10 get rid Of public
obligations, but only refused TO public oblga
tons for the purpose Of obtaining the recognition Of the
claims Of American citizens the part OF France.
All those claims which the French government was
raIfl1 Al.al