Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1855-02-22

81 employed. On he 9th "i Jnh'' 'm s.nrcb.s
All act 10 arm the merchant m"iins' American vessels
cap,rre apcrrsscrs. and recaptnrr III" lana snno
t,trn nv III, Fr .urh. On the ."th "i '"n., a"n,
wear, nj act Cor .hr CONDEMNATION !" nmt ~ oS,h nr
vessels captured by ndthnrty ~ :. @u - ~
MAY preceding. ia tie 9Th OF JniS, Sulne year," al
.n", P 80 ,he treaties and the convention which
Ln] bocn cnrriuir, between the United S'ates ana
:" =" ond ,>inrir. THAT the same shGl! not
"n'c w. ho urdci rs legally obligatory on the
memceiorm" EycI,s orthe United States" On the
Gn' - ,ho "nn1 NTH III act was passed which en-
. ,ha linn tlc hostilities then existing by au-
~ lie vessels to capture armed ves-
' III M az France tevcr found upon the high seas,
MI n,rr,rrc.; ct "u the President to issue COM
m;.;,r. 10 r,iy armed vessels 10 engage in like
service. Amman
which vould the citizens Of each country i'll
hostility with Of the other, were nevertheless
actual war, par as application, mGratime IN IT.
much uf our public treasure, and much OF the blood
of our patriotic citizens who, in vessels but lit'ie
suited to the purposes Of war, went forth TO battle on
the high seas for the rights and security OF their lei
low citizens, and to reprl indigniiics offered TO the ma
tional honor. -
Ii is not, then. because of any failure to use all
available mcsns, diplomatic and military, to Obtain re-
paration that liability for private claims can nave
been incurred BY The United States; and ii there Is
any pretoncc Cor srch liability, it must flow from the
action, not from tin neglect, Of the United States
The first complaint on The part Of France was against
the proclnmrt:A, of President Washington, of April
%, i7a3. Al, 1t early period in the war which In
volvcd Austrij Prussia, Sirdinin, the United Neither.
lands! Il" h. an" "1h Gt L H s4"a' am "nd the %i ser m r"9' r s"1 w rs"1 'ss
Chief Executive, as h. was and had bcei Tue guar
dim of our thea infant republic, proclaimed tlnt 1.-The
duty and irtcirrt of De United States require tina,
they should, with sincfyity and good faith, adopt and
pursue n colluct friendly and impartial towards the
belircrent. Mowers" This attitude of neutrality, it
was preteIYlcd, was in disregard Of the obligations OF
alliance between the United States and France. ANA
this, together with the "iten-rencwcd complaint 'hal
the stipula;inus 81; the treaties OF lTS had NOT ooc',
observed and executed by the United States iorhied
thc pre,ext fer the series of outrnges upon our go
vernineut and its citizens which hnally ur"'e Us 10
seek redress and safety by an appeal 10 force. me
treaties Of ls;S, 81" long the subject OF french COM
,l.;r,s ,rc uoy A,dcrstood to be the foundation upon
" !n;"t an laid , claims Of indemnity from the L.
states for spoIia> = committed by the French prior
70 isOO. The ncty our government which a6rogated
v. nrIv the ircatfSs Of l71S, but also the subsequent
nonsular convention Of 1888, has already been refer
course OF Frnncc whs in relation thereto. by the de-
crccs of 9th of Nav, 1873. eth of July, 1876, and ID of
March, l797, the stipulati"ns which were then and
subsequently mrs; important TO The Cniied STATES
were rendered wii"Nl" imperative. The highly injuri-
GUS effects which these DEGREES arc known to have
proI.ccd show how vital were the provisions of trea-
~ which they violated, and make manifest the incon-
truveriiblc riGiIt "f The United States 10 declare, as
the consequence al these N"ts Oh tue OuueT contract
ing party, the trt aiics ut Ill emo.
The next step N this inquiry Is. whether t.!a act de-
cluring the ,rcnti0 null and void was ever rc.poulcn'
or whether by other means the treaties were
ever revived so N D. ln either the subject or Inc
source of national obligation. The war which has
been described wins terminated by tine treaty Of Paris
of 800, and IA that instrument 1t ia necessary 10 turn
to find how inu:lI ,of pre-existinG obligations betweeL
tho two governments oatlived the hostilities III which
they had been engaged. BY the I'd article OF the
..o.1, - 1S0n - y,.,a Innlapsi TINT the ministers
plenipotentiary Of the two parties, not oeing able To
ngrec respecting the treaties of alliance, c'nlty aha
Of IFS, aud the convention of lTSS, nor
upon the indemnitics mutually due or chained, the
parties will negotiate further. on these suDyecis nj n
time, Mld until they shall have agreed up
oil these soints tho said treaties and convention small
have no uperail%.i. =.
When the treaty was Submitted to the Senate Of
the United States the second af.i:ie was disagreed To,
the treaty amended BY striking il o., and insert
ing n provision that the convention then lnado s.;tTla
in force eight years from the date OF rnt!nca,
ton, wh;cii convention thus amended was accepted
By the First CnnHui n! France. with the addition oil
n note explanatory of hs construction OF the conven-
ton, 10 the effect that by the retrcns!ment 81 the Sc
co,ld article the two States rcnounca Tie :-espec-
PREDECESSORS which we're the object Of the Sati
article.
il will be pcrceivcd by tie language Of the second
~ originally framed by the 3".go:iators, that
they Ind IDa"d themselves unable 70 adjust -" con-
on wiiuu gears of diplomacy and Of hos
tilitics Ind been expended. and that they were Mias:
10 postpone the discusc;o.. pf those ques-
tionS to that mos, indefinite period, II "auDr npieni
Al, then. Of these subjects which %as ~.
vivcd by the convention was the right 4" renew,
il should be convenient 10 The parties, II dis
cussinn yylich had already exhausted rngotiarion, ill
VOWED the twj countries in n maritime war, ard on
which thc rar:ir- .!ad arpronchcd no nearer 10
concurrence than they wee when the controversy
49,,
fMa obligations Of the treaties Of us. snl the con-
-.. r I~I- .,.... 49,, mud .c.ipntyd "a -
equal. But, however DEarous they may have hoer.t /?
the United States, ,hcr had beej! abrGgHted, and were
not revived by the convention oi lSOo, b2t expressly
ri ~ suspended till an event which, conid only
occur by tn" pleasure %! the | hhed States: ~ scttna
then, that he United Statrs were relieved ofnp
to France by the rctremchmrn: Df The Sc
cond article Of .mc convention; and if thereby France
as' .e;isyed ,Ony valid claims against her, the I:
States recci.r.. ~ consideration III return, and that II
nriyutc property " a. ~; en- by the United Staies from
own ci;iL, H.. il WINS 40. cor public use. But il
is here proper to ~ilIuir, whether tho I States did re-
licvc France fro:l valid claims against Ger 81. TIE part
of citizens of The L.. States, and did thus deprive inca.
Of their proper'"' .
h. bnca, TIM. treaties were violated,
that both p 9 and individual rights and inter
had been = Eiced, The correspondence Of our
ministers cnsagM in regulations, both before and al,
ter the convention OF 1850. sufficiently proves how
homeless was ID" effort 10 obtain full indemnity from
France for Injuries inflicted on our commerce from
1893 to 1900, urI"t- il should be- ID? an account in
which tho rival vr,tcn"ions of the two governments
should each b6 acknowledged, and the bnlanrc struck
between them.
II il supposal:lc, and mny be inferred from the con-
tcmpornncous history ms probable, that had the United
States agreed in lSTn to revive the treaties Of lIIS
and jtES with the construction which France had
placed upon them, that the latter government would,
on the other h"nd, ii5He agreed I" make indemnify Tor
those spoliatious which ..cre committee under The
preteXt that thu United States Mc.f %t.ithless To the OBJ
legations Of the alliance between the t*o s-,:a.ries.
Hence the conclusion that the United States did not
sacrifice privni FIGHTS or property to get nd OF pao-
lie obligations, Vit only refused to re-assume public
ALLEGATIONS for the g,c.Ose of obtaining the recoGni-
ton of the claims of American citizens on the part OF
France.
A.! those cln,ms which the French governn;eul yns
willing 70 cl..st. were carefully provided. lof else
where in The cnn@cntiJn, and the declaration OF the
FRS, Consul, which WAS appended in his additional
note, had no other application than iH the claims OF
which had be:;i mutually made by the govesrf"elts,
but on which rht% Ind never nppruximntcd to dui adj
justneut. In confirmation Of the fact that onr gov
eminent did not intend 10 ccuSe irG!a the prosecution
of the just claims Of our citizens against Franco, re-
ference il made 10 the annunl message OF President
Jefferson OF prccmbcr =, 1871, which opens with tx.
p~ressions Of his qualification at the restoration OF
peace among sister nations, and after speaking of the
assurances rcrcit d from all nations with whom we
had principal relations, and Of tho confidence thus
inspired that our peace with them would not have
been disturbed il they had continued ut wan with each
other, he proceeds TO say:
"But a cessation OF Irregularities which iGd nalic
cd the mmc Of neutral nations, and Of the irrita-
tons and injuries produced by them, cannot but add
10 this cOn;idruc., and strengthen ut the same time
the hope thai wrorSs committed on unoiiending
friends. under 1t pressure of circumstances, will now
be reviewed with caIdor, and will be considered ms
rounding just claims Of r"tribution for the past and
new assurances Tor the future
Til, .,al md diligence with which the claims of our
citizens against France were prosecuted appear i'll the
diplomatic correspondence of the three years next
succeeding the convention 1900, and the effect of these
efforts il mndc manitoot in the convention of lSO3, in
which provision vas made Cor l,ay3ai. ~ class OF
casrs. the consideration Of which Franc. nad ut nll
previous period refused to entertain, and which are
Of tint very clmss which it has hcen often assumed
were released by striking out the second article of