Abridgment of the Debates of Congress, from 1789 to 1856.

DEBATES OF CONGRESS. 567 JANUARY, 1835.] French Spoliations prior to 1800. [SENATE. any more than it could appropriate to itself, siderations, for objects and purposes deemed without making compensation, six hundred important to the United States, but in which and fifteen ships which had not been seized. these claimants had no more interest than any I do not mean to say that the rate of compensa- other citizens. tion should be the same in both cases; I do not 4. That the amount or measure of indemnity mean to say that a claim for a ship is of as proposed by this bill is no more than a fair much value as a ship; but I mean to say that and reasonable compensation, so far as we can both the one and the other are property, and judge by what has been done in similar cases. that Government cannot, with justice, deprive 1. Were these subsisting claims against a man of either, for its own benefit, without France up to the time of the treaty? It is a making a fair compensation. conclusive answer to this question, to say that It will be perceived at once, sir, that these the Government of the United States insisted claims do not rest on the ground of any neglect that they did exist, up to the time of the or omission, on the part of the Government of treaty, and demanded indemnity for them, and the United States, in demanding satisfaction that the French Government fully admitted from France. That is not the ground. The their existence, and acknowledged its obligation Government of the United States, in that to make such indemnity. respect, performed its full duty. It remon- The negotiation, which terminated in the strated against these illegal seizures; it insisted treaty, was opened by a direct proposition for on redress; it sent two special missions to indemnity, made by our ministers, the justice France, charged expressly, among other duties, and propriety of which was immediately acwith the duty of demanding indemnity. But ceded to by the ministers of France. France had her subjects of complaint, also, On the 7th of April, 1800, in their first letter against the Government of the United States, to the ministers of France, Messrs. Ellsworth, which she pressed with equal earnestness and Davie, and Murray, say: confidence, and which she would neither post- Citizen ministers: The undersigned, appreciating pone nor relinquish, except on the condition the vlue of time, and wishing by frankness to evince that the United States would postpone or re- their sincerity, enter directly upon the great object linquish these claims. And to meet this con- of their mission-an object which they believe may dition, and to restore harmony between the be best obtained by avoiding to retrace minutely the two nations, the United States did agree, first too well known and too painful incidents which have to postpone, and afterwards to relinquish, rendered a negotiation necessary. these claims of its own citizens. In other "' To satisfy the demands of justice, and render a words, the Government of the United States reconciliation cordial and permanent, they propose bought off the claims of France against itself, an arrangement, such as shall be compatible with by discharging claims of our own citizens national honor and existing circumstances, to asceragainst France. tain and discharge the equitable claims of the citiThis, sir, is the ground on which these zeus of either nation upon the other, whether foundcitizens think they have a claim for reasonable ed on contract, treaty, or the law of nations. The indemnity against their own Government. waybeing thus prepared, the undersigned will be at And now, sir, before proceeding to the dis- liberty to stipulate for that reciprocity and freedom of commercial intercourse between the two countries puted part of the case, permit me to state which must essentially contribute to their mutual adwhat is admitted. vantage. In the first place, then, it is universally ad- " Should this general view of the subject be apmitted that these petitioners once had just proved by the ministers plenipotentiary to whom it claims against the Government of France, on is addressed, the details, it is presumed, may be account of these illegal captures and condem- easily adjusted, and that confidence restored which nations. ought never to have been shaken." In the next place, it is admitted that these To this letter the French ministers immediclaims no longer exist against France; that ately returned the following answer: they have, in some way, been extinguished or released, as to her; and that she is forever The ministers plenipotentiary of the French Redischarged from all duty of paying or satisfying public have read attentively the proposition for a tishearingwle fror nl part. ofplan of negotiation which was communicated to them them, n whole orints being a dmitted, it is then by the envoys extraordinary and ministers plenipoThese two points being admitted, it is thenentiary of the United States of America. tentiary of the United States of America. necessary, in order to support the present bill, " They think that the first object of the negotiato maintain four propositions: tion ought to be the determination of the regula1. That these claims subsisted against France tions, and the steps to be followed for the estimation up to the time of the treaty of September, and indemnification of injuries for which either na1800, between France and the United States. tion may make claim for itself, or for any of its citi2. That they were released, surrendered, or zens. And that the second object is to assure the extinguished, by that treaty, its amendment execution of treaties of friendship and commerce in the Senate, and the manner of its final made between the two nations, and the accomplishratification, ment of the views of reciprocal advantages which 3. That they were thus released, surrendered, suggested the." or extinguished, for political and national con- It is certain, therefore, that the negotiation

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 567
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

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Abridgment of the Debates of Congress, from 1789 to 1856.

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