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

the effect Of its ratification In It's then existing form,
beg leave 10 read extract Of official letter from DIR
Madison to Mr.. Rnckney, then minister In spain
Mr. Pinekney was az that time negotiating ioI the ad-
justment Of our claims SPAIN and among others for
captures committed within the territories o Spain by
French bjecs Spain objected TO these claims on the
ground the United States had claimed redress Of such
injuries from France In writing 10 Mr. Pnckney, Jun
der date Of February G. 1904 and commenting this
plea Of Spain, Mr.. Madison says
The plea on which IL seems the spanish government
principally relies is the OF the second article
nom late convention with france, BY which France
was released from the ndemntes due for spoliatons
committed under her immediate responsibility 10 the Uni
ted States This plea did not appear in the early oblee-
lions Of Spain TO claims IL aferthought,
sultng from the nsuiciency of every other plea and Is
certainly as little valid any other
The injuries for which indemnities claimed from
SPAIN though committed by Frenchmen, took place I'M
der Spanish authority SPAIN therefore is answerable for
them TO her we have looked and continue to look for
redress If the injuries done TO us by her resulted In any
from injuries done TO her by France she may
she peases, resort 10 France resort to her But
whether her resort TO France would be just or unjust Is
question between her and France not between either
her and u.s. and France. We claim against her,
not against France Ia releasing France therefore, we
have not released her The claims, again from which
France was released were admitted by France, and the
release for valuable consideration ia correspond
release Of the United States from certain claims
them, The claims make on Spain never admit
ted on tniteu
they made therefore, part of the bargain with her
an could not be included in the release"
Certainly sir words could not have been used which
should more clearly affirm that these individual claims,
these private ghts of property had been applied to pub
lie uses Mr. Madison here declares unequiyocaly, that
these claims had been admitted by France that they
relinquished by the government of the United
States that they relmquished for valuable con
sideraton that that consideration correspondent
release Of tho United States from certain claims them
and that the whole transaction was bargain between
the two governments. This, sir be it remembered was
little than two after the final PRONUNCIATION of
the treaty it written by the Secretary of State
der administration which gave effect to the treaty in
Its amended form and it proves beyond mistake and
beyond doubt the clear Judgment which that admnstr
Zion had formed upon the true nature and character OF
the whole transaction
have said nothing sir of the Louisiana treaty be-
cause neither that treaty anything done under it af
fects this question in the slightest degree Great mis-
takes, aware, have existed on this point The hon
Orable member from New York Mr. Wright canddly
acknowledged that he himself had partken in this mis-
apprehension but he, and others who have opposed
the b admit that the Louisiana treaty mot connected
with this subject at all will not detan the Senate with
remarks upon it, Suffice it TO say that the demands pro-
vided for by that treaty only certain debts arising In
contract due for detention of vessels by embargo and
for certain vessels not condemned at the date of the re
Nv Of $780, and that Of them from Illegal cap
lures and condemnations And the Senate will that
TO avoid all ambiguity that point this bill expressly
excludes its provisions all claims which We're paid
in whole or IN part, under that treaty.
1t only remains to show the reasonableness of the
amount which the bin proposes to distribute. And this,
it must be admitted only be fixed by estimate and
this estimate may be formed in various ways So far as
can be learned official reports there something
more than six hundred vessels, with their oargoes which
will be supposed 10 form claims under this bill Some
of them il is probable may not be good claims but
very great majority of that number will be, no doubt just
and fair cases. .s.r. Ill.,.
Then the question is what may be regarded as Just
average value Of each vessel and cargo and this question
Is answered in satisfactory the nature OF the
case allows by asceranng the average value of vessels
and cargoes for which compensation has been awarded
under the treaty with Spain That average was SIC $780,
for each vessel and cargo and taking the cases coming
,lnder this bill be of the value the whole
amount of loss would exceed ten millions of dollars, with
out interest
On this estimate it, seems unreasonable to allow
the ann of five millions, in fn satisfaction cor all claims
There ground to suppose that the claimants viii re-
ceive out of this sum- greater rate of indemnity than
claimants have received who had claims against Spain or
than other claimants against France whose claims have
not been rclinqused because arising since 1900 will
oeive under the provisions of the late French treaty
Mr. President have performed the duty of explaining
this case to the Senate, | understand 1t. believe
the cai,s to be just were ever presented TO any
government think they constitute an honest and we'll
founded debt 1e by the United States to these claim
ants debt which, persuaded the Justice OF the
government and the justice of the country WILL OLE day.
both acknowledge and lonorably discharge.
ID