The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-03-26
a CHAPTER OF ANCIENT HISTORY.

On Tuesday a check for S13 500 was drawn
by the cashier Of the Treasury Department
in favor Of an old lady, whose name is Mary
Ann Buchanan Smith, and who is SO years
old. The check was drawn in satisfaction
of a Judgment of the Court of Claims.
Thereto hangs tale.
In the year 1893 one John Smith Jr.-
there were john Smiths even in those
days-owned ships which were engaged in
commerce. One of these. the Friendship,
commanded by him who afterwaTd became
famous as Commodore Rogers, was over
hauled by French cruiser. and without
rhyme or reason-for We were at peace with
France WAS captured and confscated.
Other vessels OF the like character met with
n similar fate. Our Minister to Paris speed
lily laid a remonstIance before the Directory
!. and demanded damages to the amount of
$50 COO Talleyrand replied by pointing
out that at the time France sent help to the
American Revolutionary Army the Colonies
had agreed to guarantee TO France tAe pos
session of her West Indian colonies, and
that the bargain had been subsequently
ratified by Congress. 1t had not been kept,
the United States not being able to prevent
some of the French possessions from falling
into the hands of the English For this
breach of covenant France claimed of the
United States damages to the amount of
S2S1, 600, 600. But the Directory allowed it
tn be understood that they were willing to
deal generously with Us, and that they
would offset one claim against the other.
Our Commissioners fastened to accept the
offer, and a treaty in which the settlement
was embodied was ratified by the Senate.
That was ninety years ago.
The effect Of the treaty was to substitute
the United States for France in the cases in
which American shIp-owners claimed dam
ages for the destruction of their vessels by
French cruisers in time OF peace. The Gov
eminent Of this country became bound to
foot the bills. But it is easie.. to establish
liability on the part of the United States
than 10 collect the money. For ninety years
the heirs and assignees Of the injured ship
owners have been knocking at the door IF
Congress, begging for an appropriation.
Bills to that effect have been introduced into
forty Congresses. Favorable reports have
been made in thrty-eight; some of them by
such men as Daniel Webster, Rufus Cholte,
Edward Everett. Charles Sumner and
Caleb Cushing. But no action was ever
taken till 1885, when a bill was passed au-
thorizing the claimants to prove their cases
DtlDTE Llb tOuil VI NldilLo anu Upl ldl-
ing money to pay them if that tribunal de-
cided in their favor. The first case decided
is that of Mrs. Buchanan Smith, to settle
which the s13,50O check was drawn on Tues
day.
As general rule Governments do not pay
damages for losses incurred by non-com-
batalts in time Of war. As a matter Of law
the destruction of mans property by mill
farv or naval nppratioOS uiVpZ tho Sufferar q
good claim against the Government which
has injured him. But, if such claims we're
paid, there would be no end of them, and
the actual cost of the war might prove less
than the subsequent disbursements in salts
faction OF damages. When Lord Nelson
made his raid on Copenhagen to destroy the
Danish feet fer fear it would fall into Napo-
Icons hands, a considerable number of Brit
ish merchantmen, which were lying in the
port, were destroyed by the BON bardmert.
The owners filed their claims for damages
with the British Government But Lord
Bathurst, while admitting the abstract JUS
tice OF the contention, reglied that the Gov
eminent could not admit its liability to sub
jects for property destroyed in the conduct
Of operations which were essential for the
success of the national cause; and not one
of the shp-owners ever got dollar from
that day to this, though some of them were
ruined by the loss OF their vessels.
1t is hardly likely that the amounts drawn
from the treasury in satisfaction of the
French spolations will be large 1t is diff
cult to prove facts which occurred ninety
years ago. The heirs of the yictimzed ship
owners are scattered or dead. In cases
where the claims have been bought up by
spectators, the court will hold them to
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