The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1888-08-18
French spoliation Claims.
IooSTlsuro gsaa FIRST rAcE.l

that diplomatic and commercial intercourse was
admittedly suspended that retaliation and rcprisal
were made and that though there was near zap
proach of war" there no time at which one of
the nations was turned into enemy of the other,
and finally
That there was not that kind of war which abro-s
gated treaties and wiped out at least temporarily
all pending rights and contracts, individual and
national.
And the court adds:
In cases like this the judicial is bound to follow
the action of the political department of the Govern
ment, and is concluded by IT,"
And we do not find an act of Congress or Of the
Executive between the years 1913 and 1901 which
recognizes existing state of solemn war, although
we find statutory provisions authorizing certain
course 'in the event of a declaration of war;" or
whenever there shall be declared war, or during
the existing differences and act provides for
an increase of the army in shall break
out" while another restraints this increase unless
war should break out" hence the court concludes:
We are therefore, of opinion that no such war ex-
listed as operated toabrogae treaties suspend private
rights authorize indscriminate seizures and con-
donations that, in short, there was no public gem
eral war, but limited war in its nature, similar TO
prolonged series OF reprisals
Whatever regard this House may entertain for the
opinions of those members of the Committee on APP
preparations whose names are appended to these
views the judicial conclusions of the court select
ed by Congress investigate the law and the facts
relating to these claims should have more weghtin
influencing the judgment of this House than should
attach to views which, while revving the old ar
guments prior to 1926 present no new evidence, but
draw their inspiration rather from the arguments OF
attorneys representing the United States than from
the facts of history and the justice of the claims
In the present Congress, at its very opening, as
early December 49, 1857 these claims were brought
Iafnra HOusp bV the resOlJ-
ton of the gentleman from South Carolina MI
Dibblel which ordered the Committee on Appropri-
atoms
To report to this House all such claims as have
been decided faYorably to the claimants and so re
ported by the Court Of Claims IN t t genera uee
The object and purpose ofthe friends ndsuppor-
tiers of that resolution ayowed and accepted to
be to bring this House TO vote on the proposition
10 nav these claims found by the Court OF Claims
The issue was distinctly drawn. Mr.. Randall, Mr.
Blonnt Mr. Mills, Mr.. Holman and others opposed
the passage of the resolution and endeavored
it referred to the Committee Claims, or to spe
cal committee but all efforts to defeat or turn aside
the purpose of the House to have direct vote upon
the proposition were unavailing, and by yea ana
nav vote of 1853 10 ST. more than a majority of the
whole House, the resolution was adopted, in obed-
ence to which these claims before the House
for its final action.
After eighty years of discussion these views" re-
yamp the thoughts and arguments which prevailed
prior to 1896 and seek defeat the Judgment OF the
court of arbitration selected by the United States,
and to which these claimants were compelled 10
submit their claims. These views ask this House
not to abide by the award of its own arbrators but
to repudiate the finding and refuse to pay the award
Such conduct between individuals would DC de-
nounced as dishonest and dishonorable, ana know
of no code of morals which draws distinctions III It's
onp,icaton TO the United States and 10 individuals
If the Congress will not abide by the findings and
nav the judgments or awards of the Court of Claims
docs It not set an example of disregard for its own
courts and laws hurtful and harmful TO the very
spirit of popular government? For one shall vote
for the payment of these adjudicated claims ana
thus aid in righting wrong and putting an END 10
a controversy that should have been terminated
long ago.