The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-02-13

vana On the return Of hs record ~ spRsssrsd Dy
the district court eosndsr OF the public armed ship
Gapges for himself and others ag.in:t the ship Eliza
that ship belonged 70 citizens Of the Uni
s F. si ss's ~ Hsr .s
were retaken by the hbellapt the 3s OF April follow
a s'e The b
the acts Of Congress and the fsc being adnsed BY
The bsaa,s half Il ths whois ,sis ship and cargo
This decree affirmed in the crcat court without
nent and BY consent Of the PARTIES ia order to expedite
an act q The a Of March, i1ss, trol p 472) tis
declared the, for hs ships Or goods cs9nSns 70 bhs e
any nation amty with the United States reaken from
s s sss o. s ybss ssu
above nincysx hours, oneha all Of which to be paid
without amy deduction whatsoever &C.
The case argued by Lewis and r. Tilghman for The
plaintiff in error and by Rawe and W Tilghman for the
defendant the argument turned principally upon two
inquiries l. Whether the act Of March, 1885, applied only
TO the event Of future general Whether France
enemy of the United States within the meaning OF
the law vi ~ .4t a
The opinions the several judges given in the book
Judge Moore, in pronouncing the opinion, said MIA
number Of books have been cited furnish glossary
the word yet on, situation 20 sstrso, I'd s
THAT doubt rns e'r =. q
IDEAS ask, by what other word the idea Of the rela
than By that Of ko.sy or wor And how can the charac
tiers OF the parties engaged hostility war be otherwise
honor and dignity Of both nations therefore that they should
bs called s"<..s FOR y X that assS5R1n alone that
daop and conscs,on which has unhappy occurred and
surely Congress could only employ the language of the act
June "a 1898, towara na'ion whom she considered as
Judge Washington in his opinion, said WI s
The decision question depend upon another
which is whether at tho time Of passing the act Of Congress
the ID Of March, 1885, there sub..isd state OF
tween the nations II may believe, be safely laid
that every contention By force between two nations,
governments Is not only wnr but public war. If it be de-
cared in FORM it is called sosn" and Of the perfect kind
whole nation with another whole
ton and ali the members Of the nation declaring
authorized commit hostte. against all the members Of
the other every place. and under every circumstance
In such war all the members under general authori
h and all the rights and OF war attach TO their
But hostities may subsist between two nations more
confined in its and extent being limited to places
pes car because not solemn and because those who are
authorized 70 commit hosties act under special authority
20 further than to the extent Of their commission
STILL however public oar because il external
by between Of the members Of the
nations, authorized by the legitimate powers 1t is
between the nations, though all the members
authorized commit such solemn where
the government restrain the general power sa
He goes on at length to lay down the same doctrine
And Judge Chase sustained the same view for he said
What then the Of the subssting be-
tween America and FranceY In my Judgment it limit
terms but Congress has authorized hosties on the high
PERSONS in certain There author
given commit hostties land to capture unarmed
French vesse 70 captare French armed vessels
lying French port; and the authority s not given nds
crmnately every citizen Of America against every citizen
Of France only citizens appointed By commissioners,
exposed to immediate outrage and violence 50 far o.
unquestionaby, partial but nevertheless it pub
lie account Of the public authority from which
anates. = g5aa tH1 Nf3 t3ist
Judge Paterson, in his opinion, said
A. the @ on the 3D. and has been
delivered their opinions not necessary to recapituate
s .s ' sna ne sp sps Sas
fed state Of hostility An imperfect war
two nations and this oded warfare Is authorized By the
constitutional authority Of our country sawar quoad
on our part . as may we hostile operations
i martins - T. t, certain
the national armed vessels Of the United States and the
national armed vessels Of the United States expressly
national armed vessels Of France recapture
American vessels II is, therefore, public war between
the nations, qualified part In the manner pre-
scrbed by the constitutional organ OF our country
Ithas sometimes been copended that the government
should pay these claims because it made them set-o
against its liability to the French government have be-
fore the second article Of the treaty of September 3d.
1900 and what does Il provide2
The ministers penipotentiay Of the parties not be-
ing able to agree present respecting the treaty Of alliance
merce date and the convention Of the 4h Of No
veher, 1888; the indemnities mutually due
at convenient times and until they may have agreed upon
these points said treaties and convention will have
eraton" Ngs ~ age asa Sess5l EiHta 81 saf8f 34#A
This article was expunged by the Senate and the
ander Of the treaty ratified The first consul Bonaparte
ratified the convention amended with proviso that
the States their respective preensons which
the object of said article and this modification after
wards assened by the American Senate Then the idea
OF et-of assumption Of payment from these pro-
ceedings Is in my Judgment without foundation But it
is said that the United States assumed the payment Of
these claims consideration Of being released from the
obligation of guarantee to France Mr. Adams expressly
contends that such guarantee claimed by France
This Is his language:
The right Of the Executive to issue any of
neutrality ercely and pertinaciousy denied
alton OF Legislative authority and in that particular it
charged with foresang and premaurely deciding the
question whether the United States bound BY tho
France Of her West India possessions In the treaty
Of alliance to take side in the with her against Great
Britain and with deciding against France Mr. Jefferson
had advised the proclamation but he had not considered il
deciding the question of the guarantee The
French republic had claimed and did claim
the performance Of the guarantee .s 8ss @ 5E
In looking into this subject find that when the claim
made by commissioners upon France for remnne
ration for the spoatons the French answered that IL
they UNIDENTIFIED the Americans the United States should
them their rights under the ancient treaties
This the extent far have been able to discover
Of the considerations upon which the claimants insist they
should recover The nations finally treated without
acting indemntes either side.
In truth fair deduction from history to me
that the spoaons occurred in point Of in time Of
war and that in the inain instead of people suffering
any great extent made many prizes French
i know of in New England where a single ndivd-
ual made his immense wealth of the seizure of French
vessels and he is of the largest claimants with the