Evening star., 1925-01-04

a new nation. that has since been an
inspiration and example for all the
world. centers about the situation un-
der which these obligations or debts
of honor" were incurred by this gov
ernment-, In sheer necessity our gov
eminent negotiated a treaty of amity-
and commerce with France, which
was concluded at Paris on February
6. 177S. and finally ratified by Con-
gress May 4, 177S.
For the much needed assistance
thus given by France in our hour of
distress, our country by that treaty
guaranteed to France her possessions
in America and certain port privileges
for the conduct Of the prizes of her
ships Of war and privateers. Subse-
quently, on the breaking out of hog
tilities between Great Britain and
France, instead of our nation going to
the aid of France, as We had solemn
ly promised by the treaty of a78, we
ignored our national obligation and
guaranty. and became q party to the
Jay treaty of 1874 with Great Britain
and granted to that power the like
guarantees we had given to France.
shipping Seized.
The conflict between France and
Great Britain became very bitter
the belligerents, was indiscriminate-
ly seized and condemned. Our neutral
commerce suffered greatly, particular
~ those vessels trading with the
West Indies. Although these depre-
dations were committed against our
merchantmen, yet at no time was
there any declaration of war and no
actual break of friendly relations oc-
CURED. The French courts at no time
"a ofr
istence of state of war; None, in
fact, existed and the diplomatic re-
lations created under the treaty of
177s remained in full force and effect.
Our government insisted at all
times that the seizures and condem-
nations of American property by the
French were illegal and violations not
only, of international law but of the
existing treaty of 1878.
Conditions had reached such a cri-
sis that our Government was saved
from an actual diplomatic break only
by the tact of the commission sent
out by President John Adams. Chief
Justice Ellsworth was the chief of
these ENJOYS.
Finally. after long and protracted
negotiations, the treaty of September
80. 1900, was concluded. During these
negotiations France kept insisting
guaranty to protect her in her Ameri-
can possessions. On the other hand.
our ENJOYS pressed with equal vigor
the claims of our merchantmen for
redress from France for the seizure
of their vessels and cargoes. The va
lidity of these mutual claims was
admitted by both sides and mutual
offers were made to settle the dis
putes, but finally the claims of both
were surrendered. France renounced
her national claim against us and
cur ENJOYS released France from her
obligations to compensate our. own
citizens for the illegal seizures and
spoliations Of their vessels and car
goes-or, as has been said-"The
rights Of American shipowners and
merchants were traded away In re-
turn for great national advantage"
Claims Long Pressed.
From the time these claims arose
until 1885. when Congress passed the
act referring them to the Court of
Claims, they were persistently pressed
by the claimants and were supported
by many of the greatest statesmen in
our public life and history. The leg
islature of every one of the original
States passed resolutions calling upon
Congress to make provision for
their payment. Chief Justice Mar
shall at one time said, having been
connected with the events of the
period and conversant with the cir
cumstances under which the claims
arose, he was from his own knowl-
edge satisfied that there was the
strongest obligation on the Govern
ment to compensate the sufferers by
the French spoliations.
In order to settle definitely the liza
bility of the United States for these
claims, Congress on January 20, 1885,
referred the claimants to the Court
of Claims. Upon this reference, by
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