Evening star., 1924-12-19

tackled her, on the ground that the
treaty would involve US in a suicidal
war. From that experience came
Washington's later solemn warning
to avoid entangling alliances" In
1898 Congress formally abrogated
the treaty, against the protest from
France, that II could not be cancel
ed without the consent Of both parties.
The honorableness of this viola
ton of the treaty has been the sub
Ject OF debate for moro than q CEN
tury. In revenge for that abrogation
and the secret treaty with England,
France captured more than 500
American vessels belonging to pri-
vate owners, and when our Govern
ment backed these owners In their
claims against France: Talleyrand,
Napoleon's premier, Offset them with
demand for indemnity for the vi
olation of our treaty of alliance,
The two governments agreed to
convention postponing the final set
tlement for eight years, but in ac-
cepting this convention, Napoleon in
serted a proviso definitely stating
that the claims should Offset each
other, and our Senate accepted that
settlement.
Hence the private claimants SET
up the claim that since their rights
had been used by our Government
to affect a settlement of Napoleon's
claim for violation Of the treaty,
that was tantamount to assuming
the obligation to pay the original
claimants, since the Constitution pro-
hibits taking private property for
public use without just compensation.
X X X x
President Polk, in 1s46, vetoed a
bill to pay the claims, basing his veto
partly on the fact that Congress had
not paid them In the time when men
were living who knew the facts, and
partly on the then. state of the Treas
ury and the existence Of the Mexican
War.
President Pierce, in 1855, vetoed
similar bill, on the ground that our
purchase of Louisiana from France,
notwithstanding our earlier conven-
ton with Napoleon (wherein we off,
set the claims of France for our vio-
1ation of the alliance, with our pri-
vate citizens right. in the spoliation
ciaims), France had reopened and re-
assumed the payment of all debts"
to our citizens. There Is, today. a
technical dispute as to the difference
between acknowledged debts" and
spoliation claims.
President Cleveland vetoed q bill to
pay the claims Of marine Insurance COM
panies and personal underwriters, and
cited the vetoes of Presidents Polk and
Pierce in his own support
President Mckinley and President
Roosevelt signed appropriations pay
ing some Of the spoliation claims, and
President Taft strongly urged their
settlement.
X = 4 =
In 1885 Congress established a Court
OF Claims, with power to adjudicate
the justice of the French spoliation
accounts, but the decisions of that
court, when favorable to the claim
ants, were merely advisory upon Con-
gress-not mandatory to pay them.
Only 20 per cent OF the claims pre-
sented to the court were proved.
More than half the present claims
in amount-are those Of insurance
companies, and the opposition is To-
cused mainly upon recognising the
equity OF paying these companies.
The ground is taken by the opponents
that the insurance companies had
charged premiums of from IL to 60
per cent Of the value Of cargo and
ship, because they assumed exactly
the risks which brought the losses.
They have no equity, therefore, II II