New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-07-17
PAYING FRENCH CLAIMS"
Claimants Haze Won 985 of the
1899 Cases Considered.
fFRoM THE TRIBUNE BUREAU

washington July 16-Protests against the delay
of the government in adjusting the French spolia-
ton claims often spoken of the French claims
although they are brought by American citizens
against the United States government. are based
on imperfect knowledge of what has already
been accomplished in this direction Laws
governing the mode OF adjudication and set
Element of these cases have been enacted. and. In
compliance with their provisions. the government
has necessarily gone cautiously in order that only
legitimate claims. duly substantiate6. shall be paid
Congress in 1885 passed law referring all French
spoliation to the Court of Claims Under It's
provision the court was to determine whether the
government ought to pay anything, and then 70 try
individual which differ IN fact and law. and
which tried like any other law cases In them it
is necessary 10 determine, upon the facts OF the
particular case. whether the vessel or cargo was
illegally condemned Illegally captured by the
French. In of recapture 1t is necessary TO de-
termine the allowance of salvage ard the owner
ship. and also to ascertain the facts regarding the
insurance. which is deducted from the owners
claim and allowed to the insurer.
The Court OF Claims listened TO lengthy argu-
ments upon the general question OF the liability of
the United States for acts committed by France
and decided in favor of that liability. This
a simple question, supposed. but one requiring
careful consideration and research Some OF the
ablest statesmen this country has produced among
whom was John A. Dix. Of New-York vigorously
commended that this government owed nothing to
the claimants. Favorable reports by committees Of
Congress the liability Of the United States were
practically unknown during tho lifetime OF the
generation which knew most about the facts.
The alleged liability Is based upon an argument
that this government, after trying get France 10
acknowledge its liability for which It justified
and failing to get France TO acknowledge and pay
lhe claims, made treaty with that nation without
collecting the claims. and secured public advantage
In that convention, thus "SacrtlcIng claims of
American citizens against foreign country IN
order to obtain public benefit" For this reason
1t Is contended. the United States government be-
came liable in the place of the original alleged
WrongdOer. The opponents of the claims have con-
tended that the negotiations and treaty had no such
meaning or effect. and that the government earned
the gratitude Of the claimants by long and vgor-
Gus attempt TO collect claims OF doubtful validity
against France. When the government found IL i'm
possible to make these collections It proceeded with
all reasonable celebrity to make the treaty that
could be obtained under the circumstances.
since the cases were referred to the Court OF
Claims the delays which have occurred in trying
the individual cases have resulted principally is
declared, from the policy Of claimants or their
attorneys who evidently did not desire TO have the
court send TO Congress too large amount TO ap-
proprate. but wished. rather. to commit Congress
TO the payment OF the claims without the transac-
ton having the appearance OF an enormous expendi-
ture by the government Congress. in the act OF
1885, expressly provided that neither the claimants
nor Congress should be bound by the opinion OF
the Court Of Claims upon this more or less his
toricaI and political matter, and that the findings
of the court should be merely advisory.
The Department OF Justice being from the nature
O he claims on the defensive has it is asserted
ways been ready and willing to try the cases. but
was unable to induce the attorneys for the claim
ants to enter court, except when they nit. In
asTuuch as the government IS pretty fully
United to the payment of these claims, the cases
are being regularly tried and reported 10 Congress
The report OF The Attorney General for 1873. show
ing the present status OF the cases in the Court OF
Claims under the French SpoIatiOn act OF jan
uary - lSs5 indicates that that tribunal has de-
voted considerable portion Of its time TO the
stieratiOu or these claims. The total number Of
principal cases fled up to and Including the year
1895 was 5.569. The court passed upon 1888 cases
The dismissed by the court prior November
!. 1872. numbered 30, and OF these only motions
for new trial have been filed. which is virtually an
The court decided ss5 cases IN favor OF the claim
ants, and the government appealed only eleven OF
them. indicating that there Is no disposition on The
total amount OF findings for claimants up 70 and in
The previso Of the act Of March ? 1ssl, ePPGo-
priating FOR the payment OF some OF these claims
precedent 10 the payment OF any of those in the
act TO certify that the present Claimant represents
tons, was repeated in the appropriation act OF May
list of claims, The proyso of the act OF March 3;
for In this act shall not be paid II held by assign
ment or owned by any insurance company was
Following was added 10 the last proyiso: But this
shal! not apply TO any claim OK esS heEgS tT
An making appropriation 70 supply dehclencles
for the fiscal year ended June 50. 1881. etc -
. Notwithstanding this these claims, II Is sat1'
continue TO le vigorously pressed by the claimants
Many OF the claims were presented by the De
scenaant- Of the insurance companies, whOr nav
ny oriEinalIy collected premiums from the vessel
. owners. now desire. in addition. 10 collect money
from tina government. Furthermore. nearly one
hundred years ago numerous syndcateS We're
/ formed buy up these claims, but II Is eVldeHt
from the provisions OF the law that the heirs OF te
members OF the syndicates OF the agents or IN
surance companies will have difficulty IN eo4ec'4nS
their claims.
The history OF these claims Is an interesting one
They arose out OF damages done TO American SHIPS
and cargoes by French in the administration or
; John Adams. prior 10 the convention between tae
/ United States and France, ratified July 81, lSuL
OF course. all the original claimants and most or
| their children died long ago but, While claimants
die unsettled claims against the government never
| perish Prior the enactment or the law OF 1870
eight bills che relief of the claimants passed the
Senate and twice a like measure passed the House
In 1876 the bill passed both branches or Congress
but was vetoed by President Polk. the ground
OF expedency, the United States at that time be-
| passed the Senate. but killed by the veto Of
President Pierce.
| The amount OF the original claims has been varl-
ously estima at from $l5Ooo0OO TO Sl7O00OO but
so long a period has elapsed that it is doubtful II
! tho necessary legal proof be found 10 estab-
mated. Whatever this Indebtedness may be. the
French Spoliation act of January 20 1875. signed
| by a Republican President, blazed the way for an
\ honorable adjudication OF all legitimate claims;
/ and the policy OF the government then proclaimed
has since been honestly and consistently ex-
ecuted.