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

DEBATES OF CONGRESS. 547 JANUARY, 1835.] French Spoliations prior to 1800. [SENATE. between these rules of commerce and inter- lawful prize, even when found in the vessel of course, because upon these two principally a friend. depended the difficulties which followed. The Both nations were in constant and urgent first was, that, by the treaty between us and want of provisions from the United States; France, "free ships shall also give a freedom to and this double advantage to England of the goods; and every thing shall be deemed having her ports open and free to our vessels, to be free and exempt which shall be found and of possessing the right to capture those on board the ships belonging to the subjects bound to French ports, exasperated the French of either of the confederates, although the Republic beyond endurance. Her ministers whole lading, or any part thereof, should ap- remonstrated with our Government, contropertain to the enemy of either, contraband verted our construction of British rights, again goods being always excepted;" while the law renewed the accusations of partiality, and of nations, which was the rule between us and finally threw off the obligations of the treaty, England, made the goods of an enemy a law- and, by a solemn decree of their authorities ful prize, although found in the vessel of a at home, established the rule which governed friend. Hence it followed that French prop- the practice of the British cruisers. France, erty on board of an American vessel was assuming to believe that the United States subject to capture by British cruisers without permitted the neutrality of her flag to be indignity to our flag, or a violation to inter- violated by the British without resistance, national law, while British property on board declared that she would treat the flag of all of an American vessel could not be captured neutral vessels as that flag should permit itself by a French vessel without an insult to the to be treated by the other belligerents. This flag of the United States, and a direct violation opened our commerce to the almost indisof the twenty-third article of the treaty of criminate plunder and depredation of all the amity and commerce between us and France, powers at war, and but for the want of the before referred to. provisions of the United States, which was too Mr. W. said, the second instance of disad- strongly felt both in England and France not vantage to France which he proposed to men- to govern, in a great degree, the policy of the tion, was the great difference between the two nations, it would seem probable, from the articles made contraband of war by the documentary history of the period, that it must twenty-fourth article of the treaty of amity have been swept from the ocean. Impelled and commerce, before read to the Senate, and by this want, however, the British adopted the by the law of nations. By the treaty, pro- rule, at an early day, that the provisions capvisions of all kinds, ship'timber, ship tackle, tured, although in strict legal sense forfeited, (guns only excepted,) and a large list of other as being by the law of nations contraband, should articles of trade and commerce, were declared not be confiscated, but carried into English not to be contraband of war, while the same ar- ports, and paid for at the market price of the tides are expressly made contraband by the law same provisions at the port of their destination. of nations. Hence an American vessel, clearing The same want compelled the French, when for a French port with a cargo of provisions they came to the conclusion to lay aside the or ship stores, was lawful prize to a British obligations of the treaty, and to govern themcruiser, as, by the law of nations, carrying selves, not by solemn compacts with friendly articles contraband of war to an enemy, while powers, but by the standards of wrong adopted the same vessel clearing for a British port by their enemies, to adopt also the same rule, with the same cargo, could not be captured by and instead of confiscating the cargo as contraa French vessel, because the treaty declared band of war, if provisions, to decree a comthat the articles composing the cargo should pensation graduated by the market value at the not be contraband as between the United port of destination. States and France. Mr. W. said the Senate Such, said Mr. W., is a succinct view of the could see, at a single glance, how eminently disturbances between France and the United these two advantages on the part of Great States, and between France and Great Britain, Britain were calculated to turn our commerce out of which grew what are now called the to her ports, where, if the treaty between us French claims for spoliations upon our ipomand France was observed, our vessels could go merce prior to the 30th of September, 1800. in perfect safety, while, laden with provisions, Other subjects of difference might have had a our only considerable export, and destined remote influence; but, Mr. W. said, he believed for a French port, they were liable to capture, it would be admitted by all that those he had as carrying to an enemy contraband articles. named were the principal, and might be Upon their return, too, they were equally out assumed as having given rise to the commerof danger from French cruisers, as, by the cial irregularities in which the claims comtreaty, free ships made free the goods on menced. This state of things, without material board; while, if they cleared from a port in change, continued until the year 1798, when France with a French cargo, they were lawful our Government adopted a course of measures prize to the British, upon the principle of the intended to suspend our intercourse with law of nations, that the goods of an enemy are France until she should be brought to respect

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 547
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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