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

DEBATES OF CONGRESS. 569 JANUARY, 1835.] French Spoliations prior to 1800. [SENATE. of the United States, to be proceeded against ac- be enlisted for and during the continuance of cording to the laws of nations, any such armed ves- the existing differences between the United sel which shall have committed, or which shall be States and the French Republic, unless sooner found hovering on the coasts of the United States discharged," &c. for the purpose of committing depredations on the The following spring, by the act of the 2d vessels belonging to citizens thereof; and also re-of An act giving eventtake any ship or vessel, of any citizen or citizens of99, entitled the United States, which may have been captured by ual authority to the President of the United any such armed vessel." States to augment the army," Congress pro. any*such'arme vessel.vided that it should be lawful for the President This act, it is true, authorized the use of of the United States, in ase war should reak of the United States, in case war should break force, under certain circumstances, and for cer-out between the United States and a foreign tain objects, against French vessels. But there European Power, &c., to raise twenty-four may be acts of authorized force, there may be regiments of infantry, &c. And in the act for assaults, there may be battles, there may be better organizing the army, passed the next captures of ships and imprisonment of persons, day, Congress repeats the declaration, containand yet no general war. Cases of this kind ed in a former act, that certain provisions may occur' under that practice of retortion shall not take effect unless war shall break out which is justified, when adopted for just cause, between the United States and some European by the laws and usages of nations, and which prince, potentate, or State. all the writers distinguish from general war. On the 20th of February, 1800, an act was The first provision in this law is purely pre- passed to suspend the act for augmenting the ventive and defensive; and the other hardly army; and this last act declared that further goes beyond it. Armed vessels hovering on enlistments should be suspended until the our coast, and capturing our vessels, under further order of Congress, unless in the recess authority, or pretence of authority, from a of Congress, and during the continuance of the foreign State, might be captured and brought existing differences between the United States in, and vessels already seized by them re- and the ench Republic, war should brea taken. The act is limited to armed vessels; out between the United States and the French but why was this, if general war existed? Why Republic, or imminent danger of an invasion of was not the naval power of the country let their territory by the said Republic should be loose at once, if there were war, against the discovered. commerce of the enemy? The cruisers of On the 14th of May, 1800, four months France were preying on our commerce; if there before the conclusion of the treaty, Congress was war, why were we restrained from general passed an act authorizing the suspension of reprisals on her cormmerce? This restraining military appointments, and the discharge of of the operation of our naval marine to armed troops under the provisions of the previous vessels of France, and to such of them only as laws. No commentary is necessary, sir, on the should be found hovering on our coast, for the texts of these statutes, to show that Conpurpose of committing depredations on our gress never recognized the existence of war commerce, instead of proving a state of war, between the United States and France. They proves, I think, irresistibly, that a state of apprehended war might break out; and they general war did not exist. But even if this act made suitable provision for that exigency, of Congress left the matter doubtful, other acts should it occur; but it is quite impossible to passed at and near the same time demon- reconcile the express and so often repeated strate the understanding of Congress to have declarations of these statutes commencing in been, that although relations between the two 1798, running through 1799, and ending in countries were greatly disturbed, yet that war 1800, with the actual existence of war between did not exist. On the same day (May 28, the two countries at any period within those 1798) in which this act passed, on which the years. member from New York lays so much stress, The honorable member's second principal as proving the actual existence of war with source of argument, to make out the fact of a France, Congress passed another act, entitled state of war, is the several non-intercourse "An act authorizing the President of the acts. And here again it seems to me an exactly United States to raise a provisional army;" opposite inference s the true one. In 198 and the first section declared that the Presi- 1799, and 1800, acts of Congress were passed dent should be authorized,' in the event of a suspending the commercial intercourse between declaration of war against the United States, the United States, each for one year. Iid or of actual invasion over their territory by a any Government ever pass a law of temporary foreign power, or of imminent danger of such non-intercourse with a public enemy? Such a invasion, to cause to be enlisted," &c., ten thou- law would be little less than an absurdity. War sand men. itself effectually creates non-intercourse. It On the 16th of July following, Congress renders all trade with the enemy illegal, and, passed' the law for augmenting the army, the of course, subjects all vessels so found engaged, second section of which authorized the Presi- with their cargoes, to capture and condemnadent to raise twelve additional regiments of tion as enemy's property. The first of these infantry, and six troops of light dragoons,'" to laws was passed June 13, 1798, the last Febru

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 569
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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