xt7vdn3zsz68 https://exploreuk.uky.edu/dips/xt7vdn3zsz68/data/mets.xml Morehead, James T. (James Turner), 1797-1854. 1847  books b92-238-31299446 English Printed at the office of Blair & Rives, : Washington : Contact the Special Collections Research Center for information regarding rights and use of this collection. French spoliation claims. Speech of Hon. J.T. Morehead, of Kentucky, on French spoliations  : delivered in the Senate of the United States, August 10, 1846. text Speech of Hon. J.T. Morehead, of Kentucky, on French spoliations  : delivered in the Senate of the United States, August 10, 1846. 1847 2002 true xt7vdn3zsz68 section xt7vdn3zsz68 

















                   SPEECH
                         OF

[I-ONT. J. T. MOREIHEAD, OF KENTUCKY,

                         (lN



    FRENCH SPOLIATIONS.


DELIVERED IN TIHE SENATE OF THIE U. S., AUGUST 10, IS46.


   1'riitx Id at the Conigrc-wioal Globe Ullice, Jack-iun llall,  a ingtolz D. C.

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                S P E E C H




                     or




HON. J. T. MOREHEAD, OF KENTUCKY,



      FRENCH SPOLIATIONS.




                   DELIVERED




IN THE SENATE OF THE UNITED STATES, AUGUST 10, 1846.



       WASHINGTON:
PRINTED AT THE OFFICE OF BLAIR AND AIVES.
          1847.

 This page in the original text is blank.

 





                   FRENCH SPOLIATIONS.






The Bill to provide for the satisfaction or elaims of American citizens for spoliations on their property,
  co mitted by the French, prior to the ratification of the convention with France of September 30,
  1800, being under consideration-



  Mr. MOREHEAD rose and said:
  I rise, Mr. President, to continue the discussion
of the bill before the Senate, wvith feelings of much
more than ordinary concern. The peculiar nature
of the claims to which it refers; the time that has
elapsed since they originated-, the manifest injus-
tice which, if they are well founded, has been
done to the owners of them, by so long a post-
ponement of their payment; above all, the private
sufferingv which that postponement has occasioned,
not alone by the sickness of the heart which arises
from hope. deferred, but by reason of the pecu-
niary destitution which has attended it,-all these
considerations have impressed me with a deep
sense of our obligation to give an angwer to the
petition of the memorialists, and settle their claims
at once and forever. No duty, it does seem tome,l
is more imperative upon us, than that of deciding
promptly upon appeals made by our fellow-citi-
zens to our justice. If the beneficence of a Gov-'
ernment is apparent in any one thing more than
another, it is in the fidelity with-which its eng-arge-
metnts are performed, and the amplitude with which
it dispenses its justice to those who are entitled to
it.
  For very near half a century, these unfortunate
claimants have been supplicating Congress for re-
dress, without having been able to obtain a final
decision, either favorable or adverse, to their cause.
They have presented themselves before you, not
in the confidence of their own strength alone, buti
supported by evidence of high officers of the Gov-
ernment; by acts and acknowledgments of the
Government itself; by reports of committees of 1
both Houses of Congress; and they come before
you now, strengthened and upheld by decided ma-l
joritics, on more than one occasion, of the recorded1
votes of the Senate. Surely it will be conceded,
that it is high time some disposition was made of
their application for relief. Surely it will be con-
ceded, that forty-five years is a period of time suf-
ficiently protracted, to enable the Congress of the
United States to examine and decide upon the va-
lidity or invalidity of their demands. Whatever,
therefore, may be our final determination, even if
our sense of justice shall not be satisfied, I trust we
will show our mercy to the parties, by making a
final disposition of their claims. If they are with-



out merit, let us tell them so, and reject them.
But if they are well founded; if good faith requires
that they should be satisfied; if the liability of the
Government is clear and indisputable, let us acquit
ourselves at once, and in a beroming spiiit, of our
high obligations, and award the relief which has
been so long and so fruitlessly sought.
  I have beard that an objection has beer. taken to
the satisfaction of these clairas, because, for the
most part, they have ceased to belong to the origi-
nal owners, and have been purchased by capital-
ists for purposes of speculation. Personally, I
have but little information upon this point. Du-
ring a very brief service on the Committee on For-
eign Relations, opportunities occtirred to me of
forming acquaintance with some of the claimants,
and those I found to be either widows or fiduciary
representatives of the original holders, in reduced
and straitened circumstances. My information is,
that only a few (of the claims are in the hands of
strangers, and that those, in general, have been
pledged for the security of debts. Perhaps a very
sufficient reason for their not having been disposed
of, may be found in the unwonted delay of their
recognition and adjustment by the Government,
and their consequent Avant of credit. But suppose
they have been sold, and acquired by speculators,
can any Senator show how the obligation of the
Government, if otherwise !Inq uestionable, can be
thereby affected Is its liabdity extinguished-
nay, is it in the most remote degree diminished,
in consequence of a change of ownership, or in
consequence of the character or pursuit of the sub-
sisting liolder- I am very sure that such an argu-
ment will not he relied on.
  It is impossible to discuss the sul)jects embraced
by the bill under consideration, without being com-
pelled to recur, at the -very outset, to some of the
most deeply interesting passages in our history,
and especially to that event, certainly one of the
most conspicuous, when France became, not alone
the ally of the feeble and struzggling, colonies, but,
what was and is much more important, when she
stipulated, in terms the most solemn and impos-
ing recognised among nations in their intercourse
with each other, to guaranty to the United States
their liberty, sovereignty and independence, abso-
lute and unilimited, against all the Powers of the

 

                                                4

earth forever. With that event, and at that point "w was not designed to be made public, and wheil
of time, I propose to commence the discussion of' 'the Congress of the United States, ' in a moment
the merits of these claims.                       'of exultation,' as Marshall, in his Life of Wash-
  My honorable friend from Delaware [Mr. J. M. 'ington, says, published it with the treaty of amity
CLAYTON] [ias presented this whole subject to the ' and commerce, which was an open treaty, the
Senate with such "a provoking fulness of illus- 'publication was not approved by the cabinet of
tration. and analysis," that it is extremely difficult 'Versailles; and he (Marahall) adds, ' that treaty
to follow him, without trespassing upoIIn round  'being only eventual,ought not to have been con-
already most advantageoutly appropriated by him. 'municated to the public but by mutual consent.'"
I use the word trespass in its strictly technical But, continued the Senator, " the condition on
sense, for the Senate will bear witness, that he [ ' which it depended was soon fulfilled, and France
maintained his position with such distinguished  'became involved in our contest for indepcet-
ability and success, as to render the ground he oc- 'dence."
cupied exclusively his own. It will be my en-    Now, sir, will the Senator from New York allow
deavor, therefore, to aoid, as far as I may finid it me, witr great deference, to say, that I think lie
practicable, a repetition of anything that fell from  has made the most of the authority on which he
him, either as ar, gument or as deductions from  relies The language of Marshall is, that the pub-
facts. The facts themselves, and the documents lication of the treaties was " a circumstance which.
to support them, in comnmon with; him, I shall not without cause, it-as disapproved of by the cabi-
freely use.                                       net of Versailles."  He does not speak of the
  Mr. President, on the 6th of February, 1778, a extent of the disapprobation; hut, although he had
treaty of alliance was made between the United  so spoken-although lie had said that the act of
States and France. By tihe eleventh article of that the American Congress had given great iThlnce to
treaty, " the two parties guaranty mutually for I France, still there is good reason to believe that
'the present acid forever,aggainstall other Powers, there was some mistake concerning the fact.
to wit: the United States to his most Christian  "` The despatehes," says Marshall, I containing the trea-
Maesty, the present poskessions of the Crown tieswere receiiei by the PresidenIt ofCestilgress on Saturda)-
of France in America, as well os those it may ac- the second of M 17, l77 . after Contmn-ss had adjouried.
             autr by he fturetreay ofneac  andhis  ostThat bsdy was iminiediateiy convened; the des patcelie were
 irie by the fture treaty of peace; and  is most     , and their jof  itetcmunieatd. On    i-
 hristian Majesty guaranties to the United   day th. treaties wevre ratified by an unanimous vote."
 'States, their liberty, sovereignty and indepen-  Thle embassy that concluded the treaties was
 'dence, absolute and unlimited, as well in matters composed of Dr. Franklin, Mr. Silas Deane. and
 'of government as commerce; and, also, their pos- Mr. Arthur Lee. From the Journal of the latter
 'sessions, and the additions or conquests that their (Life of Arthur Lee, vol. 1, p. 399) I take tile fol-
 'confederation may obtain during the war, from  howint extracts:
 'any of the dominions now or heretofore possessed .i rch 5 l--8.)-Dr. F. then stated to Mr. Crd (on
 by Great Britain in North America."   And it   Mthe 5ecm(7i8l.ini)ter, tF.at thet   Mr. Glrarde(ils
 was provided by the 211th article that the reciprocalI all cireumatances, were of opition that tile inunediate pulili-
 guarantee should have full force and effect the catitoni ithtetreaty wueud be fgreat avlunutap-, bil. it, pael
 moment war should break out between France l,        the Aeeperica decidedlt to France. Both. Lr. F.atad
 and England.                                        . D. pre-sed the advantagfs that it whould give, in pre-
 The treaty throughout had reference to mutuo-l vetntiinz Holland from coritrileuting to th Euilisi, lnvin. awid
 aid and cooperation against a common eiiemy. prony)ting ta"arid thatttieetol'it .ntnll
 Neither party was authorized to conclude either a to ace,,d to  the indip   woul frod temeir inability tob ui-
 truce or peltce with Great Britain without the  toin a wlar at-iinst the united powirs ,of tile house of Bour-
 formal consent of the other, and arms were not to !onl andll the States of Arncrica, atid the w-alr woald be ended
 be laid down until tie independence of the Unr.ited  t one  "Mr. Gurard said that th, puthdicatioti of' tht
                                                  treaw,;.wa4 now uniter delihierati. n antong hlis t.-ijest3 a
States was secured.                               servants. That tile are at objection wast, th, aunceinainty of
  Such, in substance, were the termis of that cele- its being ratifed 1w ten tress. Forif tiiy ei uhtud publish it
brated alliance, which gave assurance to the world in Europe, and it should be rej cted in Atmerica, it would
of the independence of our cotintry.          ,nbject France to oirnnite di-grace, tud tad robably oec'ioilt 1
  ofthe  trdeaty''nit owas ionsited y  th  eatr ortal eattlity b-tecit tile two people., " T lie Coininjis-
  -s The treaty " it wivas insisted  lay tile Senatorinliers all agreed that there was not tile least reasmt to ap-
from New York, jMr. Dix,) " was, in its main Iprebend Concressl wold reject the treaty, unlessh tue wai
              stipuatio.-, ondiiona, evntua, prspecive.of iuutelii!ence( should have laid them iiiilcr otier engree-
 stipulations, conditional, enentual, prospective, bewe ea"nts.li Mr. Gesrard professed himselmf ucli satisfied with
 'Conditional on the event of a rupture between j this asruwniticezand promised toreporttheurea-neaat id desire
 France and Great Britain; or, if such rupture of tile Conitui4'ioamrs, which he did not doubt would have
 'should not take place, then on the termination of great weight with the Council."
 'the war between Great Britain and the United    I do not perceive from the same journal, that
 'States."                                        the subject was at any time renewed.
 That the fulfilment of the obligations imposed IBut I have it in my power to refer to an author-
 by it depended on the contingencies referred to by ity so conclusive as to remove all doubt. In a
 the honorable Senator, I have no difficulty in ad- very learned and elaborate history of the law of
 mitting; but the correctness of the proposition, that nations, of which an eminent American jurist, re-
 because it was eventual, it was intended to be con- cently in the deplomatic service of the United
 fined to the knowledge of the parties, until the States, is the author-I mean Mr. Wheaton-that
 events happened on which the contingency de- distinguished gentleman, referring to the two trea-
 pended, is not quite so clear.                   ties of alliance arid of commerce of 1778 with
   "The treaty of alliance," the Senator observed, France, thus spteak: "1 The French court notified

 

                                               5

 these treaties to that of Great Britain, an, -SOUght Iforiiirle money. I dr--wvupa-)Id pr-entculltzteo)fd.btsand
 to justify their formation by alleg ing thirt the Inewh -expected demritrd-s, arnd requesited its aid to extricate
         Uiiited  tates wee de   pssessmo           ' h  n.Judging from your letters, that you ivere Riot Ilikel to
                              facto iii  0       o-btain airs thing co-id,idralble froii your court, I put down
 independence they had declared."   Thfie notice in my- estimate thre twenity-fiv, thou.-maid dollars drawn upon
      asgeniiMarch, 1778, near twvo months before )ou, with thre samte sumt drawn upoin tRue, as what would
            the atifcatin o thea bythe oloial  ongrss. probat ly omne wto ie for payinent. I have now the pleas-
   wthe alifia let os look fortaemomentito toegaeti- ure to au-quaint you that ruev memorial w-a. received iii the
   Anid, now,leuslofoamoettteati                   kindest anrd not ftienrlty mtaunnr, arid though the (court
tude which, inl this great movenment, the respective here is not without it, enibarraA-mients, on ar-ount of
larties occupid   SiFance was th e chief anid itoney, I was told to itrake mnyself easy, for that I should
      olrepsible Sgent  The cooiswrei       bi   e asA-ited-withi what was ilecessary. Mr. Searle arriving
onditiesontostipuleate  Therm  withothes Pwere  to ailout this tiune, aiid tissurirg iitire hre had been a plentiful
            ,.(tradtion tostipulae termswith th   Power tu rvest -ann gr,-at i-io, f alt kitid, that thre Congress had
whom the,,y applied for eooperation and alliance. detrmanded ot tire severail Siatm-s contributions- in produce,
With a frmInness of purpose which nothing could - which wouild be eheerftii!v nliven ;theat Vbev would there-
            shake  inspred  y te  ustie of heircause butforehave plenty of 'proviei"ir- to di-po,-eof; and t beingimuch
     Shke isprd  y hejstceofthi cus,-u           pleased with the gecmnico  hehiaxior just expeneircid, pre-
wvithout arms, ammunition, money, resources, or sented atiottier poller. priopo-ine,. fii order to ease the Guy-
credit, they had engaged, single-han ded and alone, erinment here., which had ticirsi willing to ease is-, that
with a great and powerful enemny, Iin a desperate the Congress inight furnish their arinyin Amierica with pro-
        thi     ucsso     hch   nal ua    ro-iinsnprt of' payment for tlire ervir-es lent us. This
conflict, on tescesowicialhmapr-proposition, I wa, told, ivas well tabn ut it beiingeonsid-
bability, hung the last hopes of the friends of free- ered thatr tire States havi.!rt the ens ty in their country, and
dom throughout the world. WVhen, under these cir- oblirted tomake great expensesefu)r tlIr 'pr-ent canipaiggi, the
cumnstances, France consented to become our ally, Ifirnishinri so mruch provisions as tie French ariny might
                                                  need. mi--iht rraiti-r and be incerieiierit to the Ciingress
wve nmay well indulge the agreeable supposition that rkjrjt'iliul ru.t at tins tiiiie tiink it right to accept the
she lost sight entirely of the beirefits to be derived otflilr. Vi'i wilt tern wririder (aist.uctor Franklin) at
from reciprocal en-agernerits, and looked alone to my 1-uin'rg thii- Lmond Prince lie ,ill winl the hearts of all
whlat the treaty declared to be tlte esseoI' I andAtmra"-ifofJrr. I u 2)
direct end of the alliance-the liberty, sovee Ignty, iraIi have no comment to' make on so agreeable
irnd inidependenice cut tire United States. 0O' whlat a relinirscence. arid 1 should not have cons idered
practical avail. to her, would have been ten times It necessary perhaps to alulrde to the motives that
tire number of such gUarantrtes as were incorpo- Iprompted the tirterposition of the French monarch
rated on our part into the treaty   Whttohrin otir behalf, if the Senator from   New Yourk had
was the pledge of the colonies to assrrre to Iris not deemed it 11due to thre inir-artiality of history
most Ch ristian muijesty the tien subsisting pos- tosyhateGvrn            ntfFace'         oto
.sessions of the Crown of France inmerica        clearly aIctuated by tire purely disinterested mo-
Whience did the colonial confederation derive abili-' tives which had been ascrilied to her."  I am
ty to conform  to treaty stipulations, requirini-, n'ot about to conitenrd, in opposition to that hionor-
       besides flees and armies t ervnusad        able g-sntl emnai, that "1 disinterestedness and gene-
souirces of a strong ann wvell-organized Govern,- rosity" ate  th  Irusogven           nt;bt
ment   No, sir. France stood alone in the glory    nrtcnu n h         pno    obral      xrse
of an alliacs'   ovli    t pipsssofl           .ly him, that 1' tire whole Inistiury of our negotia-
beneft to mnankind. She tras thens at peace writh  tirons winthernes   vitew1777 shoed thart she  had i
     Eitrr.Bitt it is not only certain that b)oth par-rheonitrstiivwinheptsetoka
ties contemplated a war between France arid Errz- 'our stIsruggle ficr independeitse;" that "1she camne
land as a consequenceofteauniinofte' to our aid, not because sile throtght us in the
treaty  it is eqrrally certain that tre treaty rcrrierfd  depths of distress, but iii tire )-our of victory,
that tear irnevitable. Accordingly it did come; airl  whien our triumph scented no loniger doubtful;"
it exhibited in itsprogreSs, in the sacrifice of sev- and that uls  ietsioyo      l  itr   st
era] French islan ds in the West Indies, a forcible 'be discarded, these treaties, but for the successes
illustration of the valtre of tire colonial guaranties  ' of 1777, niighnvehae-erfomd'
  In aproper time after the date of tile alliance,  In the sprilig of 17 80, the MarqCuis de itt Fayette
France threw herself, with the characteristic ardor I returned to tile UntdSaefom     it visit to
            and  nthtsias  of  er pople int theAmercanFrance, b rin:ziiz with him the gratifying intelli-
contest for indepenrhen ce. She made that corstest IecI  htteFrtc        ighd      eemndt
her own. Sire furnished sh ips of war and arlies. Iemploy a considerable bind sand iraval armament
She contributtedl money, tire sinews of wvar. Tire Iin tire Urnited States for the cnnrrhai vn of that
Sum expended by her for our benei wstae           year. Accordingly, in the en:-uing month of July,
by the Senator fromn Delaware to have amotrited  the French armyv, trider tire Coermt de Rocham-
to 1,440,000,000 of livre.s, equal to 256, 000,00J0 ,f livaen, landed at Newport, in Rhoide Island. The
            (hollars.                        r . Iladsome influence of this airs'sriciorrs event yas
    dolr.(Jefilerson's Works, I, p. 57.) And  etJ)l rtrtydfue    h-uyoth&clris            u   a
what magnanimnity-I will nuot say disinterestefud-tho-rot iecloisad                         a
ness, but by what singular magnantimity-was, felt inl the riirotto           feege       hc    a
hecr whole conduct towards us distinguished   I been, to a considertable exteilt, enfeebled by the
will detain the Senate with a single illustration. wvar. It wvas Riot long before the combined armies
Ina letcerdated Passy,0October 2, 1780, ftrmonths commenced their operations:
subsequent to the arrival in the U nitd St'tso          rdGrtwsiil ter rlt nar          il.
tire French  army under Roc-harntheaur., Doctor For tire effect Of the allianrce wasl.1 speedily decisive
Franklin writes to Mr. Jay:                      Iof the conflict, which was eloseil at Yorktownr in
   At length I go-t over a retuictance tint was alinost invin- little nrore than a year after thre arrival of the
 _ibte. utid ifiaile arnru-r aoppticzvior- tI tic Giii creairruent irerc French troops. The peace c-f 1793 embra ced all

 

                                               6

the belligerant parties; and the liberty, sovereignty, ble;l upon tlicir tironcs vwhen they witnessed a
and independew: e of the Unit(d States were filf'y nation throw-ing off the incubus of arbitrary power,
consummnated. It remains only to add, that the and rising up with one accord to reclaim its long-
French Islands, which had been taken during the lost rights of sovereignty. Roused by a sense of
war, were restored by the treaty.                common danger, they united themselves together
  France had noO fulfilled her pledges. She had in a common cause, and France-because she was
performed all, and more than all, thattdevolved onI republican France-founld herself beleaguered by
her by the treaty of alliance. Under Him, and foes. If such was the aspect of her political af-
next to HIim, w-hio presides over the destinies of fairs, her maritime interests were no less materi-
nations, we were indebted to France for the ally assailed and endangered. Viewed as an out-
triumph of our cause; and now, for the first time,, law as well on the ocean as the land, her commerce
the United States were in a condition to feel the became the prey of the affiliated nations, and a
full force of the obligations which' the stipulatiou  settled deteroinatfon existed to starve tner into
of the treaty imposed upon theta. Besides those subimission to the authority of her kings. At the
obligations, heavy and responsible as thev were, close of the year 1792, she was at war with Aus-
there wvere others attaching to the United States, I tria, Prussia, Sardinia, anid the Netherlands, and
as well as to Fance, of a character so interestins Russia and Great Britain had -withdrawn their
and important, as not to lie lost sight of in this dis- Ministers from the French Court. Secretly a party
cussion.                                         to the coalition formed against France by the treaty
  Sir, on the same 6th of February, 177,, on of Pilnitz in the year 1791, Great Britain became
which the treaty of alliance bears date, a treaty of ill the early part of the year 1793 ill avowed and
amity and commerce was concluded betweemi tIhe active participant ill the war; atid, thus situated.
United States and France. By the only articles it might almost be said thiat France, in her single
which are important to be referred to in this dis- person, stoed opposed to tIme combined power of
cussion, it was muitually stipulated that vessels of the maonarchies of Europe, engaged in a desperate
war belonging to the ont Power should eive con- attempt to exterminate her new political institutions.
voy to, ands defend and protect the merchanatmetv  I Thle motives for this combination, as avowed by
of the other going the same route, i the same     Emperor of Germany anid the King of Prussia-
manner they ought to protect and defend their in a manifesto against the French Revolution, bear,
own; and each party was to restore thetn wheni ing date the 4th of August, 1792, were, " to pre-
captured in its jurisdiction; that free ships made  serve social aid political order among all polished
free goods; that there should be perfect liberty of ' nations;" "'to rescue a numroxs natioI from its
commerce with an enemy's port, with all articles, ' own furv; to preserve Europe from the return of
except contraband, aiid articles of contraband were  barbarity, and the universe from that subversion
restricted to the list contained in the treaty; that  anid anarchy with which it was threatened."-
the right or'search should consist alone of an in- (.-l1trrd Register for 1792, part 2, p. 289.) So
spection of the ship's papers, the tenor of which I direful were the consequences of establishing upon
was set forth il the treaty; that even in case of the ruins of thrones atid kingdoms the institutions
contraband articles being found, their forfeiture of a popular govertnmenit!
should not affect the ship, or the rest of the cargo,  Sir, in this great effort to extricate herself from
and that such articles were not to be taken out the perils of her cotiditi-n, thete can be no doubt
before condemnation, without consent; that ships that France carried with her the cordial symtpathties
of war and privateers of the one Power, with their of the people of the Ultiited States. But she was
prizes, should be received in the ports of the other, entitled to something more stulbstwntial than symli-
and allowed to depart, without paying any duties; pathy at our hands. From the moment of the
but no shelter was to be given to vessels of the breaking out of hostilities between France anid
enemy, having made prize of the property of such England, the Government of tile United States
Power, who should be forced, if they cane itl by stood pledged to the ftilfilment of the stipulations
stress of weather, to dejbert as soon as possible; of the treaties of 1778. Was neutrality on Out
that a ship or privateer of an enemy of one Power part one of these stipulations No, sil: for, very
should not be permitted to refit in the ports of the i far fromn it. The very first article of the treaty of
other, nor to sell their prizes, and should not even  alliance declared that in case of war between
be permitted to take provisions, except what nt-ight France and El,!and, the cause was to be commons
be necessary to carry them to the next port of their between France and the United States.
own natio.                                         Early in April, 1793, Martinico was taken pos-
  Such were tile relations subsisting between the session of by the British; and during the next year
Governments of the United Statesatd France; such ! most of the French possessions in tile West Indies
the obligations resting upon each by the treaties w were captured by the land and naval forces of
of 1778, when that great event took place which I GreatBritain. The languageofthe treatyof alliance
convulsed Euroeto its centre-I mean the French was: "The United States guaranty to his most
Revolution. Sir, the change which that revolution Christian Majesty the present possessions of tile
produced in the aspect of political affairs on that Crown of France in America.'" Amid in order that
continent, has not yet ceased to excite the aston- there might be no doubt of the setnse anid applica-
ishment of mankind. The minds of men were tion of tfis stipulation, the contracting parties de-
utterly bewildered by tihe transition of scenes and dlared, that "s in case of a rupture between Frtatce
events so amazinz as to defy belief on the one and England," the guam-antee shottld have its full
hand, and so rapid on tile other, as to make the force and effect the moment such war should break
senses giddy to look upon them. Monarchs trern- out. In view of the consideration on which thl-e

 

7



guarantee was founded, I desire now to say that, imained the same; and that there was nothing in
in my opinion, no more sacred obligation ever de- the alteration of the Government, or in the char-
volved upon a nation than that which was imposed nacter of the war, which could impair the right of
upon the United States to perform the guarantee France to demand, or weaken the duty of the
to the letter. Ifanything could have increased the United States faithfully to comply with, the en-
weight of that obligation-if anything could have gagements whichhad been solemnly formed. The
enhanced the merit of the original consideration- Secretaries of the Treasury and of War (Mr.
it was the fidelity and zeal with which France had Hamilton and Mr. Knox) were of opposite oin-
performed her part of the compact, at a period of ions. Even admitting, in its fullest latitude, they
peril to otr libertiesisimilar to that which now  said, the right of a nation to change its political
menaced hers.                                    institutions, according to its own will, they denied
  Mr. President, the rupture between France and its right to involve otfler nations, absolutetl and un-
England took place in January, 1793. Imme- conditionally, in the consequences of the changes
diately on its occurrence, it became necessary for it might think proper to make. They maintained
the Government of the United States to determine the right of a nation to absolve itself from the
upon the course which a just regard to its position obligations even of real treaties, when such a
towards the belligerants required it to adopt. change of circumstances takes place in the internal
Whilst, on the one hand, we wevere pressing the situation of the other contracting party, as so
French Government with complaints of violations essentially to alter the existing state of things
of our rights, as a neutral and friendly nation-of that it may, with good faith, be pronounced to
aggressions upon our commerce, as well by French Irender a continuance of the connexions which
privateers as Government ships, and of the deten- result from them disadvantageous and dangerous.
tion of our vessels in the harbor of Bordeaux, They thought, in view of the engagements be-
that Government, on the other hand, demanded tween the two nations, and eapecially of the clause
from the United States a faithful compliance with of guarantee, the character of the French Revolu-
the treaty of commerce, which, it as vehemently tion, and the immense force which had armed
complained, had been disregarded by the Ameri- against that republic, there was much reason to
can Government. Fully alive to the difficulties fear, whatever might be the issue of the contest,
of his situation, and deeply solicitous that the that a continuance of the close relations which the
conduct of his administration should be marked United States had formed with France would, in
by the most rigid justice to France, to England, consequence of this new state of things, prove
and to the world, President Washington assembled dangerous to the safety of the United States.
his constitutional advisers,and presented the whole They were, therefore, of opinion, not that the trea-
subject to them in the most imposing and solemn ties should be annulled, or absolutely suspended,
mariner. Several questions were submitted for but that the United States should reserve for future
their consideration and advice. The first wvas, consideration and discussion the question, whether
whether a proclamation should issue for the pur- the operation of those treaties ought not to be
pose of preventing interferences of the citizens of deemed temporarily and provisionally suspended.
the United States in the war between France and  On the question respecting the application of the
England Others were, whether the United States clause of guarantee to the war between France
were o'liged, by good faith, to consider the treaties snd England, a difference of opinion also existed.
heretofore made with France as applying to the The Secretary of State and the Attorney General
presentsituationoftheparties;whethereithermighllt perceived no necessity for deciding it; still, the
renounce themn, or hold them suspended, until the Secretaries of the Treasury and of War were of
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