CHAPTER CXVII.

FRENCH SPOLIATIONS BEFORE 1800.

These claims had acquired an imposing aspect by this time. They were

called "prior" to the year 1800; but how much prior was not shown,

and they might reach back to the establishment of our independence.

Their payment by the United States rested upon assumptions which

constituted the basis of the demand, and on which the bill was

framed. It assumed, _first_--That illegal seizures, detentions,

captures, condemnations, and confiscations were made of the vessels

and property of citizens of the United States before the period

mentioned. _Secondly_--That these acts were committed by such orders

and under such circumstances, as gave the sufferers a right to

indemnity from the French government. _Thirdly_--That these claims

had been annulled by the United States for public considerations.

_Fourthly_--That this annulment gave these sufferers a just claim

upon the United States for the amount of their losses. Upon these

four assumptions the bill rested--some of them disputable in

point of fact, and others in point of law. Of these latter was

the assumption of the liability of the United States to become

paymasters themselves in cases where failing, by war or negotiation,

to obtain redress they make a treaty settlement, surrendering or

abandoning claims. This is an assumption contrary to reason and law.

Every nation is bound to give protection to the persons and property

of their citizens; but the government is the judge of the measure

and degree of that protection; and is not bound to treat for ever,

or to fight for ever, to obtain such redress. After having done its

best for the indemnity of some individuals, it is bound to consider

what is due to the whole community--and to act accordingly; and the

unredressed citizens have to put up with their losses if abandoned

at the general settlement which, sooner or later, must terminate all

national controversies. All this was well stated by Mr. Bibb, of

Kentucky, in a speech on these French claims upon the bill of the

present year. He said:

"He was well aware that the interests of individuals ought to be

supported by their governments to a certain degree, but he did

not think that governments were bound to push such interest to

the extremity of war--he did not admit that the rights of the

whole were to be jeoparded by the claims of individuals--the

safety of the community was paramount to the claims of private

citizens. He would proceed to see if the interests of our

citizens had been neglected by this government. These claims

have been urged from year to year, with all the earnestness and

zeal due from the nation. But they went on from bad to worse,

till negotiations were in vain. We then assumed a hostile

position. During the year '98, more than twenty laws were

passed by Congress upon this very subject--some for raising

troops--some for providing arms and munitions of war--some for

fitting out a naval force, and so on. Was this neglecting the

claims of our citizens? We went as far as the interests of the

nation would permit. We prosecuted these claims to the very

verge of plunging into that dreadful war then desolating Europe.

The government then issued its proclamation of neutrality and

non-intercourse. Mr. B. next proceeded to show that France had

no just claims upon us, arising from the guaranty. This guaranty

against France was not considered binding, even by France

herself, any further than was consistent with our relations with

other nations; that it was so declared by her minister; and,

moreover, that she acknowledged the justice of our neutrality.

These treaties had been violated by France, and the United

States could not surely be bound by treaties which she had

herself violated; and consequently, we were under no obligation

on account of the guaranty. Mr. B. went on to show that, by the

terms of the treaty of 1800, the debts due to our citizens had

not been relinquished:--that as the guaranty did not exist, and

as the claims had not been abandoned, Mr. B. concluded that

these claims ought not to be paid by this government. He was

opposed to going back thirty-four years to sit in judgment on

the constituted authorities of that time. There should be a

stability in the government, and he was not disposed to question

the judgment of the man (Washington) who has justly been called

the first in war and the first in peace. We are sitting here to

rejudge the decisions of the government thirty-four years since."

This is well stated, and the conclusion just and logical, that we

ought not to go back thirty-four years to call in question the

judgment of Washington's administration. He was looking to the

latest date of the claims when he said thirty-four years, which

surely was enough; but Washington's decision in his proclamation

of neutrality was seven years before that time; and the claims

themselves have the year 1800 for their period of limitation--not

of commencement, which was many years before. This doctrine of

governmental liability when abandoning the claims of citizens

for which indemnity could not be obtained, is unknown in other

countries, and was unknown in ours in the earlier ages of the

government. There was a case of this abandonment in our early

history which rested upon no "assumption" of fact, but on the

fact itself; and in which no attempt was made to enforce the

novel doctrine. It was the case of the slaves carried off by the

British troops at the close of the Revolutionary War, and for which

indemnity was stipulated in the treaty of peace. Great Britain

refused that indemnity; and after vain efforts to obtain it by the

Congress of the confederation, and afterwards under Washington's

administration, this claim of indemnity, no longer resting upon

a claim of the sufferers, but upon a treaty stipulation--upon an

article in a treaty for their benefit--was abandoned to obtain a

general advantage for the whole community in the commercial treaty

with Great Britain. As these claims for French spoliations are still

continued (1850), I give some of the speeches for and against them

fifteen years ago, believing that they present the strength of the

argument on both sides. The opening speech of Mr. Webster presented

the case:

"He should content himself with stating very briefly an outline

of the grounds on which these claims are supposed to rest, and

then leave the subject to the consideration of the Senate. He,

however, should be happy, in the course of the debate, to make

such explanations as might be called for. It would be seen

that the bill proposed to make satisfaction, to an amount not

exceeding five millions of dollars, to such citizens of the

United States, or their legal representatives, as had valid

claims for indemnity on the French government, rising out

of illegal captures, detentions, and condemnations, made or

committed on their property prior to the 30th day of September,

1800. This bill supposed two or three leading propositions to be

true.

"It supposed, in the first place, that illegal seizures,

detentions, captures, condemnations, and confiscations, were

made, of the vessels and property of the citizens of the United

States, before the 30th September, 1800.

"It supposed, in the second place, that these acts of wrong were

committed by such orders and under such circumstances, as that

the sufferers had a just right and claim for indemnity from the

hands of the government of France.

"Going on these two propositions, the bill assumed one other,

and that was, that all such claims on France as came within

a prescribed period, or down to a prescribed period, had

been annulled by the United States, and that this gave them

a right to claim indemnity from this government. It supposed

a liability in justice, in fairness and equity, on the part

of this government, to make the indemnity. These were the

grounds on which the bill was framed. That there were many

such confiscations no one doubted, and many such acts of wrong

as were mentioned in the first section of the bill. That they

were committed by Frenchmen, and under such circumstances as

gave those who suffered wrong an unquestionable right to claim

indemnity from the French government, nobody, he supposed,

at this day, would question. There were two questions which

might be made the subject of discussion, and two only occurred

to him at that moment. The one was, 'On what ground was the

government of the United States answerable to any extent for

the injury done to these claimants?' The other, 'To what extent

was the government in justice bound?' And _first_--of the

first. 'Why was it that the government of the United States had

become responsible in law or equity to its citizens, for the

claims--for any indemnity for the wrongs committed on their

commerce by the subjects of France before 1800?'

"To this question there was an answer, which, whether

satisfactory or not, had at least the merit of being a very

short one. It was, that, by a treaty between France and the

United States, bearing date the 30th of September, 1800, in

a political capacity, the government of the United States

discharged and released the government of France from this

indemnity. It went upon the ground, which was sustained by

all the correspondence which had preceded the treaty of 1800,

that the disputes arising between the two countries should be

settled by a negotiation. And claims and pretensions having

been asserted on either side, commissioners on the part of the

United States were sent out to assert and maintain the claims of

indemnity which they demanded; while commissioners appointed on

the part of France asserted a claim to the full extent of the

stipulations made in '78, which they said the United States had

promised to fulfil, and in order to carry into effect the treaty

of alliance of the same date, viz.: February, 1778.

"The negotiation ultimately terminated, and a treaty was finally

ratified upon the terms and conditions of an offset of the

respective claims against each other, and for ever; so that the

United States government, by the surrender and discharge of

these claims of its citizens, had made this surrender to the

French government to obtain for itself a discharge from the

onerous liabilities imposed upon them by the treaty of 1778, and

in order to escape from fulfilling other stipulations proclaimed

in the treaty of commerce of that year, and which, if not

fulfilled, might have brought about a war with France. This was

the ground on which these claims rested.

"Heretofore, when the subject had been before Congress,

gentlemen had taken this view of the case; and he believed

there was a report presented to the Senate at the time, which

set forth that the claims of our citizens, being left open, the

United States had done these claimants no injury, and that it

did not exempt the government of France from liability."

Mr. Wright, of New-York, spoke fully against the bill, and upon

a close view of all the facts of the case and all the law of the

case as growing out of treaties or found in the law of nations.

His speech was not only a masterly argument, but an historical

monument, going back to the first treaty with France in 1778,

and coming down through our legislation and diplomacy on French

questions to the time of its delivery. A separate chapter is due to

this great speech; and it will be given entire in the next one.

Thirty Years' View (Vol. 1 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 117 / 166 章