The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-02-03


lowing unrestricted commerce in ali kinds Of provisions
cloths timber for shpbuildng anchors and many osher
articles under the law OF nations then accepted which
were contraband and liable 70 seizure and conhsoaton
The treaties also contained mutual guarantees The Un
led States guaranteed TO France against all other powers
the present possessions Of the Crown Of France ia Amer
ca as well as those which il may acquire by the future
treaty OF peace and France guaranteed 10 the United
States their liberty sovereignty and INDEPENDENCE Also
ute and unlimited, well in matters OF government as
commerce and also their possessions and the additions and
eonquests that their confederation may obtain from any
he domnons now or heretofore possessed by Great Britain
~ North America These guarantees were declared 10 be
forever Such sir s brief outline Of the stpulations
Late in the year OF l92 broke out between England
and France and General Washington then the President
of the United States determined that our government
which was sun weak, should maintain the strietes nei-
rality Neither himself his cabinet construed the
treaty IA such way TO make liable the guaran-
tee IN an offensive WAR; Mr. Genet the French minister
declared TO Mr. Jefferson, and to the President himself the
satisfaction OF hs government at position of neutra
y. He commenced fitting out ships armng them and
ensng our citizens for the French service Great Britain
complained and took the ground that such privileges to
W. aaH y Sassshs W. pln 1sfit 5s a
national law We yielded to these remonstrances and
fused TO continue The permit France This decision Of
our government was acquiesced In after hesitation
and not long until France discovered that strict
interpretation OF the treaty resulting in great benefit
to Great Britain Our commerce the high seas, far
as Great Britain concerned regulated by inter-
national law, whilst the treaty regulated it France
France then saw that the goods Of her citizens liable
seizure by British cruisers in bottoms without any ndg
nifty 10 flag and that British goods our ships could
be seized by French cruisers because her forbade H. So
provisions and other conraband goods could be carried
by our ships to English ports and French cruisers
authorized to molest te under the treaty whilst the law
of nations such exemption TO contraband goods
neutral ships entering French ports England, therefore
secured most OF the provisions carried by vessels
IN lieu OF confscaton fixed and paid its price The
effort OF France then, to extend the immunes Of
the high seas greatly aiding her enemy and
yyp pJanop
joy free trade with her enemyas stipulated by the treaty
Growing restve under its operations without consulting
stpuaons of the treaty. and declared La the French
people no longer permitted to fulfil towards the
trail powers in general the they have often mani
tested and making its operation retrospective the date
of the declaration of and prospective the period
when the enemies of France should the depredatons
of which it complained and established the rue-not as
laid down in the treaty but in violation Of that French
cruisers had the same right to seize and condemn goods
and merchandise in American vessels British cruisers
From the date of this decree series of depre
datons commerce, which entaed much loss upon
merchants aud which de6ed our treaty rights 1t
continued until September lS00 when treaty Of
peace and amy way concluded between the two govern
nlents.
This sir brings me TO the consideration of one of the
material questions involved in this discussion What
ton was taken by TO stay these spoatons
the commerce of our citizens and what diligence was
exercised 10 efforts to secure indemnity The government
did not look with cold indifference the sweeping de
sruction which overlook merchants From 1902 up
ministers for justice We pointed to the broken treaty
and violated faith of France demonstrated expos
tulated; we sent special ENJOYS who nsultingy
driven from the country ALL however Yielded no fruit
We refused indemnity for past outrages and denied
security for the future This government will again.
trust submit passively for six long years such
es OF humilatng nuigntes France, in the might Of
her power chose to impose upon us in the weakness
of our youth. For whom these indgnities brook
ed To enforce and secure whose rights these
efforts made | answer, sir, the claimants under
this BILL The enormities Of the French nation would
have justified declaration OF long before 1898
but there were ties connecting with that people
easily discovered France had given fathers the power
ful aid OF her name-material aid in and money-n
the dark night of the revolution and gratitude plead for
longest forbearance 1t extended with stnted
hand; but, finding that the plunder of citizens had
become the fixed purpose Of France, government
by congressional legislation, determined to anthorize
retaatory defensive policy which, in few brief months
terminated as shall show from the records in
having its inception IN the determined purpose Of our
government to satisfaction for the spolaons
the subecmaer OF these very claims called upon
TO pay
Where an injury is done citizen by foreign govern
ment it is the duty Of that government entitled to his al
legianee seek reparson If denied it then deter
mine whether it win go or not Sometimes the
general interest of the whole State would be SO greatly
preudced that the nation may properly decline appeal
to arms.
In this particular many citizens had suffered that
when reparaton refused the government enforce it,
embarked in quasi Ii is conceded by all that when
nation goes 10 war; il resorts to the last and highest vim
dlcaton OF its injured citizen and If the terminates
without express stipulation the part of the offending
nation to pay indemnity for the injury that all further
claims against the offending government is oreclosed and
it is equally clear that the citizen have no claim Of
indemnity against his government for the men and
money of the whole State have avenged the wrong by APP
peang to war.
Failing to indemnity through negotiation gov
ernment went to for these claimants know this Will
be controyerted. The gentleman from Ohio Mr. Dlssgy
denied that there was in his speech yesterday He
that if he conceded this tenabe ground
was left for these claimants to stand upon. will demon
sre to my satisfaction at least and hope to the
satisfaction Of the committee by various of Congress
by the declarations Of our ministers who negotiated the
treaty Of 1900 by The declarations Of the French negota
tors and by the position assumed by the French govern
nent during the negoationhat actually existed be-
France aud the United States and ha France denied
all liability for indemnity to citizens that account
The initiative the passed By Congress the
18th of May lI9S IL authorized the capture of all armed
vessels OF France which had committed depredaons upon
commerce. which should be found lowering upon the
coast for the purpose Of committing such depredatons
The second act passed June 25 I79s and authorized
the merchant vessels Of the United States to aud de-
d themselves against such restraints or seizures Of
capture any French vessel attempting search restraint
seizure and 70 recapure any American merchant
sells which had been captured by the French.
ON the 2sh OF June 1908, third act passed
thoTizng the forfeiture and condemnation of all French
sells captured In pursuance OF the preceding acs pro-
vidng for the distribution II prxe-aonep and for the con-
nemen and support at The of the United States
of prisoners taken captured eessesi Prisoners aud yet
there war And here most obvious distinction
must be made Ia the positions OF France and England and
neutral They being at war claimed the right Of seizure
and conbscon Of all coBtrahand merchandise which was
admissible by the then settled practice OF nations the same
authority authorized the seizure and appropriation OF