K BRIEF REASONS WHY THE ' SUFFERERS BY FRE.-TCH SPOILATIONS PRIOR TO 1800 SHOULD BE INDEMNIFIED BY THEIR OWN GOVERNMENT. BRIEF REASONS Why the Sufferers by French Spoliations prior to 1800 should be indemnified by their own Government. HISTORICAL FACTS. In 1793, France and Great Britain being at war, committed exten- sive depredations on American commerce, and the merchants, alarmed, began to withdraw from the ocean, to the great detriment of the Treasury, when the Government, through the Secretary of State, (THOMAS JEFFERSON,) issued the following circular, dated August 27, 1793: " I have it in charge from the President to assure the merchants of the United States concerned in foreign commerce or navigation, that attention will be paid to any injuries they may suffer on the high seas or in foreign countries, contrary to the law of nations or to existing treaties ; and that, on their forwarding hither well authenticated evi- dences of the same, proper proceedings will be adopted for their relief." (Doc. 102, p. 216.) Relying on these assurances, commercial enterprise received a fresh impulse, and a series of captures by both belligerents followed. England provided for the payment of those made by her, but France, acknowledging her liability, advanced a counter claim for the non- fulfilment of the stipulations of the treaties of 1778 and 1788, gua- ranteeing former her possessions in the West Indies, acquired or to be acquired, as an equivalent for the supplies of men and money fur- nished by her in our struggle for independence, and which contributed so largely to that happy event. Two successive missions were sent to France, viz., Piuckncy, Mar- shall and Gerry, in 1797, and Ellsworth, Davieand Murray, in 1799, who repeatedly made large pecuniary offers to France, greatly exceed- ing the proposed indemnity. These sums were promptly refused by the French negotiators, who would not abrogate the privileges of our ports for their privateers and prizes/w- any m that miijht be, nnmeil thry muf the old treaties, tlion it seems clear that, a sour Government applied the mrwhunts' properly to buy off those old treaties, the sums so applied should be reimbursed." (Letter 19th November, 1824.) Monsieur ROEDERER (one of the French Ministers who negotiated the treaty of 1800) said, in the Legislative Assembly, 26th November, 1801 : " This suppression (of the 2d article) is a prudent and ami- cnble remtnciatfon of the respective pretensions which were expressed in that article." Napoleon Boaaparte (First Consul in 1800) says: "The suppres- sion of this article at oace put a end to the privileges which France liad by the treaties of 1778, and annulled the just claims which Ame- rica might have made for injuries done in time of peace.' 1 (Gourgaud's Memoirs, vol. ii. p, 95.) Message of President JEFFERSON to Congress, December, 1801 : [Sxfrad^] "It is a circumstance of sincere gratification to me, that on meeting the great council of the nation, I am able to announce t<> them, ou grounds of reasonable certainty, that the wars and troubles, which have for so many years afflicted our sister nations, have at Irngth couie to an eod; and that the communications, of peace and commerce are once more opening among them. Whilst we devoutly return thanks to the beneficent Being who has been pleased to breathe anto them the spirit of conciliation and forgiveness, we are bound, with peculiar gratitude, to be thankful to Him that our own peace has been, fre nerved through so perilous a season, and ourselves permitted qnidly to cultivate the earth, and to practise and improve those arts which tend to increase our comforts. The assurances, indeed, of friendly disposition received from all the Powers with whoin we have principal relations, had inspired a confidence that our peace with them would not have been disturbed. But a cessation of the irregularities which had afflicted the commerce of neutral nations, and of the irri- tations and injuries produced by them, cannot but add to this confi- dence; and strengthens, at the same time, the hope that wrongs committed on unoffending friends will now be reviewed with candor, and will be considered as founding just claim* of retribution for the past,. and new assurances for the future." Wait's American State 1'apers, vol. iv. pages 325 '26. RESOLUTIONS OF LEGISLATURES. The following States have at various times recommended to Congress to make appropriations for the indemnity of sufferers by these spolia- tions : MAINE, MASSACHUSETTS, CONNECTICUT, OHIO, DELAWARE, ALABAMA, NEW HAMPSHIRE, RHODE ISLAND, NEW YORK, PENN- SYLVANIA, MARYLAND, LOUISIANA, ARKANSAS. REPORTS OF COMMITTEES. In April, 1803, a report of the facts, favorable to the claimants was made by a committee, consisting of GILES, of Virginia ; MITCHELL, of New York; Lo \YNDES, of South Curoliqa ; MILLEDOE, of Georgia, TALLMADGE, of Connecticut ; WILLIAMS, of North Carolina ; DAVIS, of Kentucky ; and GREGG, of Pennsylvania, on the following resolu- tion : " Resolwfl, That it is proper to make provision by law towards indemnifying the merchants of the United States, for losses sustained by them from French spoliations, the claims for which losses have been renounced by the final ratification of the Convention with France, as published by proclamation of the President of the United States." February 18, 1807. Another committee, consisting of MARION, of South Carolina ; EPPES, of Virginia ; GEORGE CLINTON, of New York ; TALLMADGE, of Connecticut ; CUTTS, of Massachusetts ; DICKSON, of Tennessee; BLOUNT, of North Carolina; FINDLAY, of Pennsylvania ; and TENNEY, of New Hampshire, made a report containing the follow- ing emphatic declaration : that this Government, by expunging the second article of our Convention of France, of the 30th September, 1800, became bound to indemnify the mimorialists for those just claims which they otherwise would have riyhtfully h ... -,, n "ifiS!