The herald., 1896-06-07
THE F|FTY-FOURTHC CONGRESS
Continued from Page -

1
shall refer to two of them, which, in my
Judgment, justify my action in the prem
ises.
1.-The bill appropriates 81, ,o27, ,S14o9 for
| a partial payment upon claims which
originated in the depredations upon our
| commerce byFrench cruisers and vessels
during the closing year of the last CEN
tury. They have been quite familiar to
| those having congressional experience
as they have been pressed for recogni-
tion and payment, with occasional in
| tervals OF repose, for nearly 100 years
Those claims are based upon the allega-
tions that France. being at war with
England, seized and condemned many
American vessels and cargoes in VIOLA
tion of the rules of international law and
treaty provisions, and contrary to the
| duty she owed to our country as neu-
trail power and to our citizens; that by
| reason OF these acts, claims arose for
such OF our citizens as were damnified
| against the French nation, which
| claims our government attempted to en-
force, and that in concluding a treaty
| with France in the year 1900 these
| claims were abandoned or relinquished
in consideration of the REIMBURSEMENT
OF certain claims which France charged
| against us.
Z Upon these statements, 1t is insisted
by those interested, we as a nation have
reaped benefit in our escape from these
French demands against us, through the
| apatement of claims of our citizens
| against France, the government being
| equally bound between itself and it's
| citizens to pay the claims thus relin
| quished.
Il do not understand it to be asserted
that there exists any legal liabaility
| against the governbent on account of it's
relations to these claims. At the term of
| the supreme court just finished the chief
| Justlce IN an opinion concerning them
! and the action of congress in appropriat-
ing for their payfent, said, We think
that the payments thus prescribed to be
made were purposely brought within
the category Of payments by way of
gratuity-payment of grace and not of
right"
The president enters into the history
of the efforts to secure payment of the
claims, tracing 1t from 1902, when the
first bill was introduced. He says:
Until 1S46 these claims were from
time to time pressed upon the attention
or congress with varying fortune, but
never with favorable action. In that
year. however, a bill was passed for their
ascertainment and satisfaction and five
millions of dollars was appropriated for
their payment. This bill was vetoed by
President Polk, who declared that he
could perceive no legal or equitable
grounds upon which this appropriation
can rest This veto was sustained by
the house of representatives.
Many years afterward, in 1855, bill
was passed similar to the one last men
toned and appropriating for these claims
a like sum of money. This bill was also
vetoed, President Pierce concluding a
thorough discussion of its demerits with
these words: In view of what has been
said there would seem to be no ground
on which to base a liability of the United
States unless it be the assumption that
the United States is to be considered the
securer and guarantor of American
claims of whatever nature its individual
citizens may have against a foreign
nation
This veto was also sustained in the
house of representatives. l think 1t
will be found that in all bills proposed
for the payment of thSse claims the sum
to be appropriated for that purpose did
not exceed five million dollars. 1t is now
estimated that those already passed
upon, with those still pend.
of claims may amount to $25'-
900, 600 This indicates either that
the actual sufferers or those nearer to
them in ties of blood than the present
claimants underestimated their losses,
or that there has been a great develop
lnent in the manner of their preSenta-
ton.
IN the long list of benefciaries who
are provided for in the bill now before
me, on account of these claims, 152 repre-
sent the owners of the ships and their
sargoes 1S6 of those who lost as inSur-
ers of such vessels or cargoes.. Prem
iums secured on tlIse policies were large
and the losses were precisely those with
in the contemplation of the insurers.
Appropriations to indemnify against
insurance losses rest upon weaker
grounds it seems to me, than those of
owners. But in the light of all the facts
and circumstances surrounding these
claims as they are called, none of them,
in my opinion, should be paid by the
government.
Another item in this bill which seems
to be especially Objectionable is an ap-
preparation in favor of Charles P. Cho-
teau, survivor, etc, of STA, ,445.l5 in full
satisfaction of the claims arising out of
the construction of the ironclads and
steam batteries at Elijah.
THE contract for the construction of
this battery was made by the govern
ment with Charles w. McCord during
the war, and he was to be paid therefor
the sum of 1886, 900. He was paid this
sum and S21O,991 for extras and in May,
1866. gave his receipt in full. The as
signee of McCord in bankruptcy as
signed to Choteau and his associates in
1868. all claims of McCord against the
United States for the precise extras for
which he had receipted in full two years
before. Choteau brought suit in the
court of claims for his extra and was de-
feated. L cannot gatner from the factS
I have been able to collect concerning
this appropriation that it is justified on
any ground. In 1891 my immediate pre-
decessor vetoed a bill allowing the mat
ter to be examined again by the court of
claims.
"If the additional payment proposed
in this bill was made, the cost of the
| battery in question would be almost
! double the contract price"
Young men or old should not fail to