Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-06-06
A MOTHER VET 0
The General Deficiency Appropria-
ton Bill Sent Back.
PRESIDENTS GROUNDS OF DISAPPROVhL
An Argument Against the Payment
Of the SpoIiation Claims.
THE CHOUTEAU CLAIM

l. =
The President today sent the following
veto message to the House Of Representa-
tives:
To the House of Representatives: I here
by return. without approval, House bill
numbered S293, entitled AN act making
| appropriations to supply deficiencies in the
appropriations for the fiscal year ending
June 30, 1885, and for prior years and for
other purposes
To the extent that the Constitution has
devolved upon the President a partici-
patton iE legislation, 1 suppose his action
on bills presented to him for approval in
wolves duty to be performed like others
pertaining to his Office, with care and cir
cumspection, and in full view of his re-
sponSibility to the people and his obliga-
tlon to subserve the public welfare. 1t is
difficult to understand why, under the Con-
stltution, it should be necessary to sub
init proposed legislation to executive
scrutiny and approval except to invoke
the exercises of executive judgment and
invite independent executive action.
The unpleasant incidents which accom-
pany the use Of the veto power would
tempt its avoidance If such course did
not involve an abandonment of constitu-
llohai duty and an assent to legislation for
which the executive is not willing to share
the responsibility.
l regret that l am constrained to disaD-
prove an important appropriation bill so
near the close Of the present session of
congress. l have, however, by imme-
dlate action, after the receipt of the BILL
endeavored to delay little as possible a
reconsideration Of this proposed legisla-
tion, though l am thus obliged to content
myself with less complete explanat ton
of my objections than would otherwise he
submitted.
This bill is in mary of its features far re-
moved from legitimate deficiency bill, AMI
II contains number of appropriations
Whlct seem to me to be exec edin2Iy Ques-
| tic ha bic. Without noticing in details many
OF these iter1s, | shall refer to two of them
which in my judgment justify my action
in the premises.
The French Spoliation Claims.
The bill arpropriates 81 1,o27,314.O9 for a
partial payment uIon claims which orig
| mated in depre datiCns upon our commerce
by French cruisers and vessels during the
closing years of the last century. They
have become quite familiar with those hay
ing cor SreSSional experience, as they have
been pressed for recognition and payment,
with occasional intervals of re3ose for
nearly one hundred years.
These claims are based upon the allega-
tiCns that France, being at with Eng
land, seized ana condemned many American
vessels al Il cargoeS in violation of the rules
OF international law and treaty provisions
country a neutral power and to our
citizens; that by reason of these acts claims
arose in favor of such of our citizens as
were damnified against the French nation
" hich claims our government attempted to
enforce, and that In concluding treaty
with France in the year 1900 these claims
were abandoned or relinquished in con-
sideration of the REIMBURSEMENT of certain
claims which France charged against us.
Upon these statements it is insisted by
those interested that we, as nation, haV-
ing reaped benefit in our escape from
these French demands against us, through
the abandonment of the claims of our cit
izens against France, the government be
came equitably bound as between Itself
and its citizens to pay the claims thus re-
lnquished.
do not understand it to be asserted that
there exists any legal liability against the
government on account of it's ralIuo1 to
these claims. At the. term of the Supreme
Court just finished the chief justice, IN an
opinion concerning them and -he action of
Congress in appropr!atlng Tor their pay
ment said: I'VE think that payments thus
prescribed to be made Were purposey
brought within the category of payments
by way of gratuity-payments OF grace and
not of right"
From the time the plan was conceived
to charge the government with the pay
ment of these claims they have i.bided in
the atmosphere of controversy. Every
proposition presented in their support has
been stoutly disputed, and every Inference
suggested in their favor has been promptly
challenged.
Thus, inasmuch as 1t must, 1 think be
conceded that if state of war existed be-
tween cur country and France a the time
these depredations were committed our
government was not justified N claiming
indemnity for our citizens, 1t is asserted
that we were at the time actually engaged
in war with the French nation. This posi-
ton seems 10 be sustained by an opiaion of
the Attorney General Of the United States,
written in 1ISS, and by number of decis-
Of ba 1a1i
after that time.
We had certainly abrogated treaties with
France, and our cruisers and trmed ships
were roaming the capturing her YES
sells and property.
So, also, when it is asserted that the va
l'dity of these claims was acknowledged in
the treaty negotiations by the representa-
tives Of France, Their declarations to a con-
trary purport are exhibited.
The Abandonment of the Claims.
And when it is alleged that the abandon
| ment Of these claims against France was
| In consideration of great benefits to the
government, it is as confidently alleged
| that they were in point Of fact abandoned
because their enforcement was hopeless.
and that even if any benefit really accrued
to us by insistence upon their settlement
| in the course of diplomatic negotiations
such result gave no preteXt for taxing the
government with liability to the claim
ants.
Without noticing other considerations
and contentious arising from the alleged
origin of these claims, q brief reference to
their treatment In the past and the develop
ment of their presentation may be useful
and pertinent.
1t is, L believe, somewhat the fashion in
interested quarters to speak of the failure
| by the government to pay these claims as
such neglect as amounts to reputation
and denial of justice to citizens who have
suffered
OF course, the original claimants have for
years been beyond the reach Of relief: but
as their descendants in each generation
become more numerous the volume of ad-
vocacy, importantly and accusation CORE
| spondingly increases. If injustice has been
| done in the refusal of these claims it be-
gan early in the present century, and NAV
| be charged against men then in public
| life more conversant than we can be with
| the facts involved, and whose honesty and
sense of right ought to be secure from
| suspicion.
Some Ancient History.
AS early as 1902 a committee of the
House of Representatives reported the
| facts connected with these claims, but ap-
| parently without recommendation. No ac-