Washington sentinel., 1855-02-20

The first branch OF the proposition on
which an equitable claim TO be indemnifed by the
United States for losses sustained might rest-Te-
quires at least cursory examination of the history
Of the transactions on which the claims depend.
The first link, which the cham Of events arrests
attention, is the treaties OF alliance and of amity
and commerce between the United States and
France, negotiated in ITS. BY those treaties,
peculiar privileges were secured 10 the armed
vessels Of each of the contracting parties in the
ports OF the other; The freedom Of trade was
greatly enlarged and mutual obligations were in
Cured by each 10 guarantee 10 the other their ter
rtoria possessions in America.
In l792-'3 when war broke out between France
and Great Britain, the former claimed privileges
in American ports which our government did not
admit as dedncible from the treaties Of IT'S, and
which II was held were in conflict with oblga-
tions 10 the other belligerent powers. The be-
raj principle Of one of The treaties referred to-
that free ships make free goods, and that subsis-
tence and supplies were not contraband Of war,
unless destined to blockaded port-was found,
in a commercial view, 10 operate disadvantage
ousy 10 France as compared with her enemy,
Great Britain, the latter asserting, under the law
OF nations, the right 10 capture, as contraband,
supplies when bound for enemy's port
Induced mainly, II is believed, by these consd
erations, the government OF France. decreed, on
the 9th Of May, 1893, the first year ofihe war; that
"the French people are no longer permitted TO
fulfil towards the neutral powers in general the
vows they have so often manifested, and which
they constantly make for the full and entire liberty
OF commerce and navigation;' y and, a counter
measure 10 the course of Great Britain, authorized
The seizure Of neutral vessels bound 10 enemy's
port, in like manner as that was done by her great
maratime rival. This decree was made 10 act
retrospectively, and 10 continue until the enemies
OF France should desist from depredations on the
neutral vessels bound 10 the ports of France.
Then followed the embargo, by which our vessels
were detained in fordeaux the seizure Of British
goods on board of our ships and Of the property
OF American citizens, under the pretence that il
belonged 10 English subjects, and the imprison-
ment OF American citizens captured on the high
seas.
Against these infractions Of existing treaties
and violations Of our rights neutral power,
We complained and demonstrated For the pro.
perty OF our injured citizens we demanded that
due compensation should be made. and from 1893
10 l797 used every means, ordinary and extraordi-
nary 10 obtain redress by negotiation In the last
mentioned year these efforts were met by refusal
10 receive minister sent by our government with
special instructions 10 represent the amicable dis
position OF the government and people of The
United States and their desire 10 jeaousies
and 10 restore confidence by showing that The
complaints against them were groundless. Fail
ing in this, another attempt 10 adjust all differences
between the two republics were made in the form
Of an extraordinary mission composed Of three
distinguished citizens, but the refusal TO receive
was Extensively repeated; and thus terminated
this last effort 10 preserve peace and restore kind
relations with our early friend and ay 10 whom
a debt OF gratitude was due which the American
people nave never been willing 10 depreciate or
10 forget. Years of negotiation had moi only failed
10 secure indemnity for our citizens and exemp.
ton from further depreciation, but these long CON
unued efforts had brought upon The government
the suspension OF diplomatic intercourse with
France, and such lndignites induce Presi-
dent Adams, in his message OF May l6, 1877, TO
Congress, convened in special session. 10 present
II as the particular matter for their consde ration
and 10 speak OF in terms Of The highest indiQna.
ton. Thenceforward the action of our govern.
ment assumed a character which clearly indicates
that hope was no longer entertained from the ami
cable ieelng justice OF the government OF
France and hence the subsequent measures
were those of force.
On the 18th Of May l79S, an act was passed for
the employment OF the navy OF the United States
against armed vessels of the republic OF France
and authorized their capture, if "found towering
on the coast OF the United States for the purpose
OF committing depredaiions on the vessels be long.
ing 10 the citizens thereof" On the 18th OF June.
l1so, an act was passed prohibiting commercial
intercourse with France under the. De nalty of the
forfeiture OF the vessels SO employed. On the
9th OF June, the same year, an act TO arm the
merchant marine 10 oppose searches capture ag.
gressors, and recapture American vessel. taken
| BY The French. On the 2Sth of June same wear
an act Tor the condemnation and sale of French
vessels captured by authority Of the act OF 2Sth Of
May proceeding. On the 9th of July same year.
an act abrogating the treaties and the conyen.
ton which had been concluded between The
United States and France, and declared that the
same SHAH not henceforth be regarded as legally
obligatory on the government or citizens Of the
United States" On the 9th OF the same month an
act was passed which enlarged the limits of the
hosiiies then existing by authorizing our public
vessels 10 capture armed vessels of France where
ever found upon the high seas, aad conferred
power on the President TO Issue commissions 10
| private armed vessels 10 engage in like service
These acts, though short Of declaration OF war
which would put all the citizens OF each country
IN hostility wiiq those of the other were neve-
theless actual war, partial in its application mari
time in its character, but which required the ex
| penditure of much of our public treasure, and
much Of the blood Of our patriotic citizens who,
IN vessels but little suited 10 the purporscs Of war
went forth 10 battle on the high seas for the rights
and security OF their fellow and 10 repel
4 indgnities offered 10 the national honor.
IL 10 not then, because Of any failure 10 use all
| available means, diplomatic and military 10 OBJ.
tain reParaon that liability for private claims can
| have been incurred by the United States; and If
| there 10 any pretence for such Liability il must
how from the action, not from the neglect of the
United States. The first complaint on the part OF
France was against the proclamation OF Pres.
| dent Washington, OF April %, 1893 At that
early period IN the war which involved Austria,
| Prussia, Sardinia, the United Netherlands, and
Great Britain On the one part and France on the
Il
| Chief Executive as he was 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 a conduct
friendly and imperial towards the bellgerent
powers" This attitude OF neutrality il was pre-.
tended, was IN disregard OF the obligations OF
alliance between the United States and France
And this, together with the often.renewed com.
plant that the stpulations Of the treaties OF ITS
/ had not been observed and executed by tho
United States, formed the preteIt for the series
Of outrages upon our government and its citizens
which finally drove us 10 seek redress and safety
| by an appeal 10 force. The treaties OF ITS, so
| long the subject Of French complaints, are now
understood 10 be the foundation upon which are
laid these claims of indemnity from the United
States for spoliations committed by the French
prior TO $500. The act Of our governmeni which
aerogaied not only the treaties OF I77s, but also
the subsequent consular convention Of 17Ss, hs.
| already been referred TO- and il may be well here
10 inquire what the course Of France was in re.
stion thereto. BY the DEGREES Ct 9th OF May
l7O3, Hh Of July, 1896, and Cd Of March 1897 the
stipulstions which were then and subsequently
| most important 10 the United States were rem.
4 drrcd wholly inoDerafive The hiohlv in,n,;c,.