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


side OF France. Ii would fatigue the Senate 10 go
through the whole correspondence and show, could
easily do, that in every stage Of the negotiation these two
subjects were kept together viii only refer 70 some Of
the prominent aud decisive parts.
In the first place. the general instructions which
ministers received from government when they
undertook the mission directed them TO insist the
claims OF American citizens against France 10 propose
Joint board OF commissioner state those claims and to
agree TO refer the complaints Of France for inngement
of the treaty of commerce 20 the board will
read. sir much Of the instructions comprehend
these points:
"a First At the opening Of the negotiation you win
inform the French ministers that the United States
expect from France indispensable condition of the
treaty stipulation 10 make 10 the citizens of the United
States full compensation for all losses and damages which
they shall have sustained by OF irregular Illegal
captures or condemnatons Of their vessels and other
property under color of authority commissions from
the French republic its agents. And all captures and
condemnations deemed irregular or illegal when
tIary TO the laws of nations, generally received and
acknowledged ia Europe, and to the stpulaons ia the
treaty of amiiy and of the 9th February l77s
fairly and ingenously interpreted while that treaty
manned in force
Second If these premlnaries should be satisfactorily
arranged, then, for the purpose OF examining and adj
ustng all the claims of citizens il will be necessary
TO provide for the appointment OF board Of commission
ers similar to that described in the sixth and seventh
articles of the treaty of amity and between
the United States and Great Britain.
= AS the French government have heretofore COM
planned Of nfringemens of the treaty of amity and
for injuries thereby occsoned TO France its citizens
are to be submitted To tho board and whatever
damages they award will be allowed by the United State
and deducted from the sums awarded to be paid by
France" @ aagitlae feBe 6.rglt l3,as
Now sir, suppose this board had been constituted
and suppose that it had made against France in
behalf OF citizens of the United States, and had made
awards also in favor of the government of France against
the government of the United States and then these
last awards had been deducted from the amount of the
former, and the property of citizens thus applied to dis
oh thn nutlt nb, nf
body doubt that such citizens would be entitled TO in
demnityf And are they less entitled because Instead OF
being first liquidatod and asoerained and then OFT one
against the other, they finally agreed to be set of
against each other, and mutually renqusied in the
lump2 gli1 49 s
Acting upon their Instructions it will be seen that the
American ministers made actual offer TO suspend the
claim for indemnities till France should be satisfied
her political rights under the treaties On the 18th Of
July they made this proposition to the French negoa-
tors:
Indemnities to be ascerained and secured IN the
manner proposed in project of treaty but be
paid until the United States shall hyo offered to France
an article stipuating free the ports Of each
oi INC Ply'eers a prizes of the other, to theexcu
SION c VI .iel ..emes. St
lh 1t will be at once seen was direct offer to sis-
pend the claims of citizens till our government
should be willing to France the obligation Of
the treaty of ITS Was not this offer to make use
| of private property for public purposesY
/ On the lIth of August the French penpoentiaries
thus write the ministers OF the United States f
| "The propositions which the French ministers nave
the honor TO communicate to the ministers penpoten
ary of the United staer reduced to this simple alter
native
Either the ancient treaties with the privileges result
ing from priority, and stipulation OF reciprocal in,
! IDENTITIES 5,s 8e94
''or new treaty, assuring equality, eahoa iadsa-
aay.' a aa "
In other words this offer is il you will acknowledge
the obligation of the old treaties, which secure
to privileges in your ports which enemies not
to enjoy then will make indemnities for the losses OF
your citizens or ii you will give up all claim for such
ndemnes, then we will relinquish especial privi-
leges under the former treaties and agree to n new
treaty. which shall only put footing OF equality
/ with Great Britain, enemy"
On the 10th of August ministers propose that the
former treaties far they respect the rights OF priya
tees shall be renewed but that it shall be optional with
the United States by the payment within seven years OF
three millions Of francs either tn money or in securities
A issued by the French government for ndemnes to
citizens TO buy oil this obligation to buy off ali its
political obligations under both the old treaties, by pay
| mens in like manner of five millions of francs,
On the 4th OF September the French ministers submit
/ these propositions
commission shall regulate the indemnities which
either of the two nations may owe to the citizens of the
other y,s,R .,I, ff ~
''Ihe ndemntes which shall be due by France to the
citizens of the United States shall be paid by the Uuited
States and in retuM for which France yields the ex-
elusive privilege resulting from the 18th and 22d art
cles of the treaty of commerce. and from the rights of
guaranty of the llh article of the treaty of alliance
The American ministers considered these propositions
as inadmssible They, however, on their part, made
approach to them by proposing in substance that 1t
should be left optional with the United States, the
change of the ratification TO relnqush the ndemnes;
and in that the old treaties not TO be obligatory
the United States far they conferred exclusive prvi-
leges France This will be seen in the letter OF the
American ministers of the 9th of September,
On the 18th of September the American ministers say
| to those OF France sa1 44 fahi. sa0 A.t Fft5H
% 1t remains only to consider the expedency of tenn
! porary arrangement Should such arrangement COM
port with the views OF France the following principles
are offered as the basis of it 3 hs.e ns.e iaercl
lst The ministers penpotentiary of the respective
parties not being able Mt present to agree respecting che
former treaties and indemntes the parties will in due
and convenient time further treat those subjects and
until they shall have agreed respecting the same the
| said treaties shall have no operation"
This the Senate will see, is substantially the proposition
which ultimately accepted, and which formed the
second article Of the treaty BY that article these claims
both sides postponed for the present and after
wards, by other nets of the two governments they
mutually and forever renounced and relnqushed
And now sir If any gentleman look TO the treaty
look 10 the instructions under which it was concluded,
look To the correspondence which preceded IT, and look
to the subsequent agreement Of the two governments 70
rcnounco claims both Sides and not admit that the
property of these private citizens has been taken 10 buy
OF embarrassing claims of France the government of
the United States know not what other further evil
dehce could force that conviction mis- mind. d
will conclude this part OF the by showing you
how this matter was understood by the American admin
sraton which finally accepted the treaty with this re-
nornccruent of indemnes. The treaty negotiated
in the administration of Mr. Adams 1t amended in
the Senate already stated, and ratified on the 81 day
of February 1901, Mr.. Adams being still in Office Be