The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-02-01


uos, with the duty Of demanding indemnity But France
had her subjects Of complaint also against the govern
ent OF the United States which she pressed with equal
earnestness and confidence and Which she would neither
postpone nor rengush except the condition that the
United States would postpone rcnquish tsse oairs
And TO meet this condition and 10 restore harmony be
tween the two nations the United States did agee FIRST To
postpone and afterwards eInqalsh these claims of It's
citizens. la other wonls, the government of the
United States bought OF the claims Of France against
Itself by discargng claims OF own citizens against
France. s-fFff s os..t41.5g tstrI m
This sir Is the ground which these citizens think
they have claim ior reasonable indemnify against their
own government And now, sir, before poeeeding 10
the disputed part OF the case permit me to state what Is
| admitted. l}aslei "a = h7,ssi s4isaa sat.aH Il
In the first place then il Is universally admitted that
these petitioners had just claims against the govern
ment OF France on account Of these Illegal captures and
In the place, il Is admitted that these claims
longer exist against France that they have, in
way, been exiingnished Released to herr and that
she Is forever discharged from all duty of paying On salts
Tying them, in whole or in part, sl.4 y, {F t.sbH
These two points being admitted it is then necessary
in order 70 support the ptsent b 70 maintain four
l. That these claims snsistcd against France up the
time Of the treaty OF September, 1900, between France
and the United States, NJ 5a m sts .r4s5sf
g. That they released surrendered or extinguish
cd by that treaty its amendment in the Senate, and the
manner OF its final ntieltion.
3. That they thus released surrendered extin
gushed for political and national considerations for OBJ
but in which these claimants had interest than
any other citizens. W" tse .-A-se'a W at#
A. That the measure Of indemnity proposed
by this bill is no than fair and reasonable com
pensatien so far judge by what has been done
| in similar cases. 5 l1, HIa fH sa E1-E EEEHE - a
We're these subsisting claims against France up to
the time of the treaty IL is conclusive to this
question to say that the government of the United States
insisted that they did exist up to the time OF the treaty
| and demanded indemnity for them, and that the
French government fully admitted their existence, and
acknowledged its obligation to make such indemnity.
! The negotiation which terminated in the treaty
/ opened by direct proposition for indemnity, made by
our ministers, the justice and propriety of which inn
mediatcly acceded to by the ministers of France iu
On the 7th of April, lS00 in their first letter to tho
ministers of France Messrs Ellsworth, Davie and Muir
| ray say: ~ ~ H
! 'CrrizEs MINISTERS The undersigned, apprceiating
the value of tmc and wishing by franxness evince
their sincerity directly upon the great object of
their missionan object which they believe may be best
obtained by avoiding to rctacc infinitely the too we'll
known and too painful incidents which have rendered
negotiation necessary. .sr T a.snHt
''To satisfy the demands of Justice and render
/ oncliaton cordial and permanent, they propose
rangcment, such shall be compatible with national
honor and existing circumstances TO ascertain and dis
charge the equitable claims of the citizens of either
tion upon the other, whether founded contract treaty,
the law of nations The way being thus prepared,
the undersigned will be liberty stipulate for that
reciprocity and freedom of commercial Intercourse be
tween the two countries which must essentially contrib
ute to their mutual advantage.
Shoud this general view of the subject be approved
by the ministers plenipotentay TO whom 1t is addressed
the Details it is presumed may be easily adjusted and
that confidence restored which ought never to have been
shaken %
turned the following rs. r. .. = re-
" The ministers plenpotenti~r Of Tho French ,eruhc
tit;on ,l.., proposition for plan of nego-
H' JH ,--el was communicated to them by the ENJOYS
sxaofdhay and ministers penpotcntiay Of the United
2 states of America. ~
VIZ Ihoy think that the first object of the negotiation
ought to be the determination of the regulations and
the steps to be followed for the estimation and ndenn
cation OF injuries for which either nation may claim
ol itse or for any of its citizens and that the second
OBJECT to assure the execution of treaties of friendship
and commerce made between the two nations and the
accomplishment OF the views of reciprocal advantages
which suggested them" ... 0 sa.e
1t is certain therefore, that the negotiation commenced
in the recognition by both parties, OF the existence
individual claims, and of the justice of making satisac
ton for them and IL is equally clear that throughout
the whole negotiation neither party suggested that these
claims had already been either satisfied cxtinguished
and is indspuabo that the treaty itself the second
article expressly admitted their existence and soenly
recognised the duty OF providing ion them at future
! period.
1t viii be observed sir that the French negotiaors in
their first letter while they admit the justice Of providing
indemnity for individual claims, bring forward also
claims arising under fras taking thus early to adj
vance the potcnsons of France, of alleged
violations by tho United States of the treaties OF l77s
On that part of the case shall say something hereafter
but use this rs letter of the French ministers at pres
eAt only 10 show that from the first the French govern
ment admitted its obligation to indemnify individuals
/ who had suffered wrongs and injuries, areH
/ The honorable member from New York Mr. WRIaur
Contends sir that at the time of concluding the treaty
these claims had ceased to exist He says that had
taken place hetween the United States and France and
by the war the claims had become cxtngushcd differ
from the lenorabe member both to the fact OF
and as TO the consequences to be deduccd from H in this
case even if public had existed. II we admit for
arguments sake, that war had existed yet find that
an,