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


by tho United States defensive No part Of il
ever retaatory The United States did not take Justice
into thoif hands 1tafal 81 io aRdsisral Iff
The Strongest measure perhaps adopted by Congress
was the act OF May 25, 1898 The honorable member
from New York has referred 10 this act and chiefly re-
lies upon IL to prove the existence the commencement
Of actual war Bat doos II prove either the the
otherf ello-tLaq g 5i2ssA 4pa,tlala 90
IL not an act declaring war il Is not an act author
izing reprisals il is not act which, In any way
knowiedges the actual existence OF war It's whole i'm
pcation and import Is the other way. Its title Is An
act more eeciMy 20 protect the commerce. and coasts
Of the United States ~.
This Is its preamble
Whereas, armed vessels sailing under authority or
prctenoe OF authority from the republic of France have
committed depretatons on the commerce of tho United
States and have recently captured the vessels and prop
ey OF citizens thereof and the coasts in violation
of the Law Of nations aud treaties between the United States
and the French nation therefore," E5
and then follows its only section in those words
I" SEC /. BE enacted &c, That II shall be lawful for
tho President of the United States and he Is hereby
thorzed TO Instruct and direct the commanders of the
armed vessels belonging TO Che United States to seize
take and bring into any port Of the United States to be
proceeded against according to the laws Of nations any
such armed vessels which shall have committed which
shall be found hovcrng the coasts of the United States
for the purpose OF committing, depredaons the
sells belonging 70 citizens thereof and also retako any
ship vessel Of any citizen or citizens OF TIE United
States which may have been captured by any such armed
| vessel. . Al, ......s.. .r...--5
certain circumstances and for certain Objects against
French vessels But there may be acts of authorized
force there may be assaults there may be battles
there may be captures of ships and Imprisonment of per
sons and yeno general Csesof this kind may occur
under that practice of reorioB which is justified when
adopted for just cause by the laws and usages of nations
and which all the writer's distinguish from general
The first provision in this law is purely preventive and
defensive and the other hardly goes beyond it, Armed
vessels hoverng coasts, and capturing vessels
under authority, or rreence Of authority, from foreign
State might be captured and brought in and vessels al
ready seized by them retaken The act is limited to
armod psss but why this, if genaral existed
Why not the naval power of the country let loose at
once, 1t there against the commerce of tho
enemy? The cruisers of France preying on our
commerce il there war; why were we restrained
from general reprsals her commercei This restrain
ing of the operation of naval marine to armed
sells of France and to such of them only should be
found lowering coast for the purpose of commit
ting depredations commerce. instead of proving
state war; proves think, rresstiby, that state Of
general did not exist But if this act of Con-
gress left the matter doubtful other acts passed at and
the time, demonstrate the understanding Of
Congress to have been that although the relations be-
tween the two countries greatly disturbed yet that
did not exist On the day iny rs, l79S, in
which this act passed. which the member from New
York lays much stress, proving the actual existence
Sof with France, Congress passed another act entitled
''An act authorizing the President of the United States
to raise provisional army J. and the first section do
clared that the President should be authorized ''n the
event of declaration of against the United States
or of actual invasion of their territory by foreign pow
err or Of imminent danger OF such invasion, to ca''-
| be enlisted &C., ten thousand men. --.'e 70
On the 10th of July follou'-
for augmentino - .'s oonetess p'sseu tie ~" m
the President to raise twelve additional regiments
of infantry, and six troops of light Dragons, ito be
listed for and during the continuance of the existing diff
feenoes between the United States and the French rcpub
lie, unless sooner discharged SC. ,.s .....ar
The following spring. by the act of the I'd March, 1893
4 ed
dent Of the United States to augment the army, Con
gress provided that ii should be lawful for the President
Of the United States in case war should break out be-
tween the United States and foreign European power
&C. to raise twenty four regiments of infantry, &c And
in the act for better organizing the army passed the next
day. Congress repeats the declaration contained in for
act, that certain provisions shall not take effect
less shall break out between the United States and
some European prince, potentate, or State
On the goth of February, 1900, act passed to
suspend the act for augmenting the army and this last
declared that further enstments should be suspended
until the further order Of Congress- unless in the
of Congress- and during the continuance Of the existing
differences between the United States and the French
public war should break between the United States
and the French republic or imminent danger of invasion
of their territory by the said republic should be discoy
! cred.
On the l4th of May 1900, four months before Tho
conclusion of the treaty. Congress passed act authoriz
ing the suspension of military appointments, and thu
discharge of troops under the provisions of the previous
laws No commentary IL necessary sir, the texts Of
these statutes to show that Congress never recognised
the existence of between the United States and
France. They apprehended war might break out; and
they made suitable provision for that exgency should
occur but il is quite impossible to reconcile tho express
and so often repeated declarations of these statutes
nencing in 1913, running through 1893, and ending
in 1900 with the actual existence of between the
| two countries at any period within those years.
Tho honorable member second principal Of
gumeut to make out the fact of state of war; the
several non-interoourse acts And here, again. it seems
to me an exactly opposite inference is the true In