The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-02-18

demonstrated Tor The property az our inafed citizens We
that due compensation should be made and
T93 10 1871 used every means ordinary and extra
ordinary obtain redress BY negotiation In the last
mentioned year these efforts BY refusal 70 re-
oese minister sent BY government with special in
strucous represent the amicbe disposition Of the gov
and people Of the United States and their desire
jeaoasies and confidence by showing
that the complaints against them groundess. Fail
ing In this another attempt adjust all differences be
the two republics made 10 the form q extra
ordinary mission composed Of three distinguished citizens
but the refusal receive Extensively repeated and thus
terminated this last effort 90 preserve peace and restore
KIND relations with early friend and ally 70 whom
deot Of gratitude due which the American people baye
never been willing depreciale forget Years Of ne
collation. had not only failed indemnity for our
citizens aud exemption Rom further depreciation but these
ongcontinued Efforts had brought upon the government
the suspension Of diplomatic intercourse with France and
such indgnites induce President Adams in his
sage Of May 10 1884, to Congress convened in special ses
SION 10 present u as the particular matter for their consd
Grafton and 10 speak Of il Ia Of the highest ndig
nation. Thenceiorward The action Of government
sumed character which clearly indicates that hope was
no longer entertained from the amicable feeling justice
Of the government of France and hence the subsequent
measures were those OF force
On the 25th OF May, 79S act passed for the
ployment Of the Of the United States against EARNED
vessels OF the republic Of France and authorized their
capture il found lowering the Of the United
States for the purpose Of committing depredatons the
vessels belonging 10 the citizens thereof On the 18th Of
June lI9s passed prohibiting commercial in
ereourse with France under the penalty Of the forfeiture OF
the vessels employed On the 18th OF June the
year 10 the merchant marine ooppose searches
capture aggrssor and rcapture American vessels taken
by the French On the 2sth Of june year, &C,
for the condemnation and sale Of French vessels captured
by authority OF the OF 2Sh OF May preceding On the
9th OF July year. act abrogatng the treaties and
the convention which had been concluded between the
United States and France, and declaring "ihat the
shall heneeorh be regarded legally obligatory
the government citizens OF the United States On the
9th OF the month was passed which enlarged
the limits Of the hoses then existing by authorizing
public vessels capture armed vessels OF France where
found upon the high seas and conferred power the
President issue commissions private armed vessels
engage in like service.
These acts though short Of declaration of war which
would put all the citizens OF each country in hostility with
those OF the other nevertheless actual partial in
It's application maritime in its character but which
quired the expenditure of much Of public treasure and
much Of the blood OF patriotic citizens who in vessels
but little suited TO the purposes of went forth to battle
the high for the rights and security of their fell
lowcitizens and to repe ndgnes offered TO the national
honor
1t not then because OF any failure to use all available
means, diplomatic and military, 10 obtain reparaion that
liability for private claims have been incurred by the
United States and if there is any pretence for such abili
W il must flow from the action, not from the neglect Of
the United States The first complaint the part OF
France against the proclamation Of President Wash
ingon of April 49, lT93 AT that early period in the
which involved Austria Prussia Sardinia the United
Netherlands and Great Britain ne part and France
the other the great and wise who the Chief
Executive as he and had been the guardian of
then infant republic proclaimed that the duty and in
terest OF the United States require that they should with
sincerity and good faith adopt and pursue conduct
friendly ana towards the bciigerent
This attitude OF neutrality it pretended in dsro-
gard of the obligations of alliance between the United
States and France And this together with the oen-re
newed complaint that the stipnlatons of the treaties
l7S had not been observed and executed by the United
States formed the preex for the series of ouirages upon
our government and its eitizenj which finally drove
seek redress and safety by appeal to force The
ties Of IT'S long the subject Of French complaints
understood TO be the foundation upon which laid
these claims Of indemnity from the United States for spo
atoms committed by the French prior 1900 The act Of
which abr0uatel only the nf
ITS but also the subsequent consular convention of 1888
has already been referred and il may be well here in
qure what the Of France in relation thereto
BY the DEGREES of 9th Of May l93 h of July 1896 and
I'd of March, 1891 the stipuations which then and
subsequently most important to the United States
rendered wholly imperative. The highly injurious effects
which these DEGREES are known 10 have produced show
how vital were the provisions of treaty which they
lated and make manifest the ncontrovertbe right Of the
United States to declare the consequence of these
of the other contracting party, the treaties end
The next step in this inquiry is whether the deear
ing the treaties null aud void repealed whether
BY any other means the treaties revived
be either the subject the of national obligation
The which has been described terminated by
treaty OF Paris of 1900 and that instrument neces-
sary to turn find how much Of pre-exsting obligations
between the two governments outived the hostltes in
which they had been engaged BY the I'd article of the
treaty OF 1900 il declared that the ministers penpo
tertiary Of the two parties, being able agree
speeding the treaties OF alliance amity commerce Of
lI7s and the convention Of 1888, upon the ndemni
ties mutually due claimed, the parties will negotiate
further on these subjects convenient time and until
they shall have agreed upon these points said treaties
md convention shall have operation
When the treaty submitted the Senate OF the Uni
ted States the second article disagreed and the
treaty amended by striking out and inserting provs
ion that the convention then made should continue
eight years from the date Of ratification which
thus amended accepted by the First Consul France
with the addition Of note explanatory OF his
of the convention the effect that by the rerenchnent OF
the second article the States the respective
pretensions which the object of the said article.
will be perceived by the language of the second art-
Gle originally framed by the negoators that they had
found themselves unable to adjust the controversies on
which years Of diplomacy and OF hostes had been ex
pended and that they at last compelled to postpone
the discussion OF those questions to that indefinite
Rod, convenient time" All then Of these subjects
which revived by the convention the right To re-
new, when il should be convenient the parties discus
sion which had already exhausted negotiation involved
parties had approached than they
when the controversy began,
The obligations of the treaties of l77S and the conven
ton OF l7Bs, were mutual and estimated be equal
however oneous they have been the United States
they bad been abrogaed and revived by the
venon of 1900 but expressly spoken of AS suspended m
til event which could only by the pleasure Of the
United States IL clear then that the United States
relieved Of obligation France by the rerenc-
ment OF the second article Of the convention if there
by France was relieved of any valid claims against her
the United States received consideration return and
that private property taken by the United States
from their citizens IL for public use But ID
here proper 70 inquire whether the United States did re-
eye France from valid claims against her on the part of
citizens of the United States and did thus deprive them OF
their property.
The complaints aud countercompaints OF the two gov
ernmentS had been that treaties were violated and that
both public and individual rights and interests had been