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

for France bad BY solemn decree renowned the binding
Obligation OF Tho treaty 10 Its material and important
provisions and the conduct OF s citizens was
confomahle in practice the decree OF Nav lT9a 10
which have already advered Congress very properly
declared The treaty no longer obligatory on the united
States.
But this act develops most prominently, awiae dis
uncuon between these claimants, who all unite In
application for indemnity Ii requires only a. 10
stated-not arguedto perceive the distinction Every
seizure made by French cruisers after the 7th July l7ss
of american vessels having board merchandise
band OF war land Of them ffeighted with pro-
visions, ship timbers Sc, well English merchan-
disc whether contrahand not lawful prizes for The
French and Il they could be legally seized and forfeited
what claim resulted 70 the American merchant ship
owner against France II the treaty which made the
seizures illegal and when merchants government
declared ahrogated pray what right under the treaty
remained TO the citizen II il should be determined that
indemnity be due 70 any Of these claimants demand
KNOW upon what basis spoliaons committed after the ah-
rogauon q the treaty hY the American Congress he
recognised for they certainly never legal or
equitable demand against the French government
Sir, congressional leglalahon did stop there On
the 9th Of july Tae passed aahorxing tbs capture
Y sns public armed xssss q sAs uaissd stats. q an
limits Of the United States upon ne hlgh scas--fAeir
condemnation as prisesr sale and the distribution Of
the pri1emo Now when il is remembered ,hat Eng
land and France were at war; and neither knowing day
or the hour when they might in coision assume
that every French vessel that sailed upon the seas was
iseu anu wnea authoriy was given 70 our vessels to
hraeed every vessel in the merchant and marine Of
France Does such legislation presnppose peace can
us results be looked To as pacific And finally sir Con-
gress TO illustrate fully the interpretation OF its facic
ton, on the 2sth Of February l199 provided for an
change q prisoners gh franes and authorized the Pr-
dent AZ his discretion to send 10 the domnions Of France
without an exchange such prisoners might remain in
the power Of the United States We sir would it not
an anomaly 4 prisoners could be taken and exchanged in
peace IAN exchange ofprisoncrs between friend
doxS? S NA'"' 'e'''''' = '''s''' 'u'' para
But sir, this pacific legislation does not end here rAe
he of hp Inn
States did not receive that kind which our gov
ernment thought they entitled to- Cruelty il
barharity had been pracised them by French auiho
ties and TO prevent further outrage upon the persons OF
our prisoners Congress- the Sd March, I799 declared,
1y an act o. that date that in case any citizen Of The
the powers at with France by Frent vessels should
be put to DEATH eorporaly punished unresonahy nl
prisoned to rctate promptly and fully upon any French
prisoners in the power of the United States@
The fact is fully established that several hostile actions
actually occurred between the armed vessels Of the two
TONS and several captures made o French vessels,
both by pablic and private armed vessels Of the United
States which condemned and sold lawful prizes.
prizes have information. no the benccaries
Of these prizes Doubtless the merchans Perhaps
Of the claimants. so have they abaed their demands
an amount equal TO these reclamatona
Does the legislation have recapulAted show that
existed between the two countries2 What single element
s wanting to make il OPEN undsguised naval warfare
Armed vessels meet on the high they engage in BATTLE
use every instrument and missile OF death to destroy each
other; the deck is with the dead and dying the
heavy tmbers the vessel by ball and shells,
the colors hauled down. the become prisoners OF
war; the vessel is brought into port the vessel and cargo
consisting perhaps Of French silks sold and tho proceeds
distributed amongst the and the triumphant
n our vessels do more or otherwise in the revolntonn
the war PlSI22 .ss 4~sses 4rs#
There seems to be left to doubt; and repent
it SIR II this government went TO for these claimants
ana felt looking to the general interest Of a its citizens
that peace must be made if the indemnity could
be secured, then there rested obligation France
pay these claims they cxtnguished If France
was never liable, has been released from their pay
nent without any other consideration than peace
not liable And sir let it not be attempted the
force OF these facts and this reasoning by the plea that
as no land forces engaged in hosties hence
there was no war; At that time the United States in
no condition to send troops France; the country
still groaning heavily under the pressure of the debts and
sacrifices Of the revolutionary war; France
fortunate than ourselves That government engaged
in desperate conflict with Englard and the continental
powers and their troops could be Withdrawn from the
anguinary fields Of Europe. Land engagements not
indispensable to constitute state of war;
regard the fact OF the existence of important to
the just determination of these claims, that proceed
other proofs. When the negotiations commenced which
led to the treaty Of 1900 both parties proceeded the
sis that peace had not been destroyed but before their
bors ended the preceding hosiies considered war
The journal OF the American minister's of the 18th Septem
ber, 1900, says
The president OF the French commission declared that If
the should think proper them
treaty on the basis of ndenntes, aad modified
OF the old treaties he would resign than sign such
treaty adding that il the question could be by
an indifferent nation be satisfied such tribunal would
that the present Of iagy the side OF
America, and that indeune could be two
other commissioners made similar declarations"
How emphatic the declaration Of the French ministers
The present state Of things war and claims ine-
nity therefore, wholly ina Amssble. Ii has alleged
that France acknowledged her liability pay for these
spoaons Does not the language of her ministers entire
" retute and dsspate any such assumption? Our own
commissioners coincide with the French After the treaty
had been signed they the Secretary OF State fol-
lows
Nor il conceived that the treaties between the United
states and France have undergone nnifyng
on than the condition imposes Doubt
less the congressional authorizing the reduction OF
French cruisers by force authorization Of war; limit
ed, indeed, in its but nature Clearly
also, their subsequent declaring that the
ceased 70 be obligatory however might be for the
things and certainly it Of the con-
stutonal prcrogatvc OF declaring that either
derived validity"
Again, our commissioners say
" All hope Of obtaining indemnities with any notifications
OF the treaties had 70 be Abandoned determined
by temporary arrangement (the treaty September
lsoo to eNrcate the United States the er or that
peculiar state Of hostility in which they present IN
yolved the property our citizens nov d.pand
ing before the council prizes and secure a. far al
our commerce against the abuses captures during pres
ent war;"
Have succeeded, Mr. Chairman, in proving from the
acts Of Congress- actual hostes aud captures ccar-
atoms OF the French authorities and the our
own comnissoners that existed between United
states and France And If whose rights
was " TO assert whose wrongs TO ayen2e These claim
ants IL Was their claims and NOT broken treaties led
% the shedding Of blood tbc raising OF armies and the
eyying OF taxes Mr. Cambreeng IN his report recaH-
lates what we have already done for these claimants;