How the Committee have reached this conclusion is seen by a final glance at the field that has been traversed. Putting aside the three preliminary objections to these claims,—(1.) that they are ancient and stale, (2.) that they have passed into the hands of speculators, and (3.) that they should be postponed on account of the present condition of public affairs,—the Committee have considered in order four principal topics: First, the claims of American citizens on France, as they appear in the history of the times; secondly, the counter-claims of France, as they, too, appear in the history of the times; thirdly, how the “individual” claims of American citizens were sacrificed to procure release of the “national” claims of France by a proceeding in the nature of set-off and mutual release; and, fourthly, how the United States, for a valuable consideration, assumed the obligations of France, so as to become completely responsible therefor. Not content with showing affirmatively the merits of the claimants, the Committee next examined all known objections to the asserted responsibility of the United States, establishing negatively: (1.) that the relations between France and the United States were at no time such as to constitute a state of war, invalidating the claims; (2.) that they were not embraced in the Convention for the purchase of Louisiana; (3.) that they were not embraced in the later Convention of 1831; (4.) that the alleged annulling of the French treaties by Act of Congress did not affect them; (5.) that the early efforts of our Government with France, for their satisfaction, furnish no ground of exemption from present liability; and (6.) that the claims, at the time of their abandonment, were not desperate, so as to be without value.
With the removal of all known objections, the way was open to consider the extent of “just compensation” under three different heads: (1.) the advantages secured to the United States by the sacrifice of these claimants; (2.) the actual losses of these claimants; and (3.) the final recommendations of the Committee.
Such is the whole case in its divisions and subdivisions. There is one reflection which belongs naturally to the close. These claims have survived several generations, entwining themselves each year with the national history. Meanwhile the Republic, for whose advantage they were sacrificed, has outgrown the puny condition of that early day, when its commerce was the prey of France, and even the sacred debt for independence was left unpaid. These claimants have been called to remark the glorious transformation by which the weak has become strong and the poor has become rich; with glistening eye they have followed the flag of the country, as it was carried successfully in every sea; with sympathetic heart they have heard the name of the country sounded with honor in every land; and now they joyfully witness the unexampled resources with which it upholds the national cause against an unexampled rebellion;—but these claimants have been called to observe, especially, how, for many years, unchecked by hindrances, the National Government labored successfully with foreign powers to secure justice for despoiled citizens, until all nations—Great Britain, Spain, Denmark, Naples, Holland, Mexico, Colombia, Peru, and Chile—have yielded to persistent negotiation, and even France has paid indemnities to our citizens for spoliations subsequent to these very claims. All this history these claimants have observed with pride; but how can they forbear to exclaim at the sacrifice required of them,—that they alone, the pioneers of our commercial flag, are compelled “in suing long to bide,” while part of the debt for national independence is cast upon their shoulders, and the whole country enjoys priceless benefits at their expense? Well may these disappointed suitors, hurt by unfeeling indifference to their extensive losses, and worn with endless delay, cry out in bitterness of heart, “Give us back our ships!” But this cannot be done. It only remains that Congress should pay for them.
APPENDIX.
LIST OF REPORTS OF COMMITTEES.
| Number. | Where reported. | By whom reported. | Committee. | Date. | Bills and reports. | Detailed reports. |
|---|---|---|---|---|---|---|
| 1 | House | Mr. Giles[265] | Select | April 22, 1802 | … | R. |
| 2 | House | Mr. Marion | Select | Feb. 18, 1807 | Favorable | R. |
| 3 | Senate | Mr. Roberts | Claims | Mar. 3, 1818 | Adverse | R. 124 |
| 4 | House | Mr. Russell | Foreign Affairs | Jan. 31, 1822 | Adverse | R. 32 |
| 5 | House | Mr. Forsyth | Foreign Affairs | Mar. 25, 1824 | Adverse | R. 94 |
| 6 | Senate | Mr. Holmes | Select | Feb. 8, 1827 | Favorable | R. 48 |
| 7 | House | Mr. E. Everett | Foreign Affairs | May 21, 1828 | Favorable | R. 264 |
| 8 | Senate | Mr. Chambers | Select | May 24, 1828 | Favorable | R. 206 |
| 9 | Senate | Mr. Chambers | Select | Feb. 11, 1829 | Favorable, bill | R. 76 |
| 10 | House | Mr. E. Everett | Foreign Affairs | Feb. 16, 1829 | Favorable | R. 82 |
| 11 | Senate | Mr. E. Livingston | Select | Feb. 22, 1830 | Favorable, bill | R. 68 |
| 12 | Senate | Mr. E. Livingston | Select | Dec. 21, 1830 | Favorable, bill | R. 32 |
| 13 | Senate | Mr. Wilkins | Select | Jan. 26, 1832 | Favorable, bill | |
| 14 | Senate | Mr. Chambers | Select | Dec. 20, 1832 | Favorable, bill | |
| 15 | Senate | Mr. Webster[266] | Select | Dec. 10, 1834 | Favorable, bill | |
| 16 | House{ | Mr. E. Everett Mr. Cambreleng | }Foreign Affairs | Feb. 21, 1835{ | Favorable Adverse | }R. 121 |
| 17 | House | Mr. Howard | Foreign Affairs | Jan. 20, 1838 | Favorable, bill | R. 445 |
| 18 | House | Mr. Cushing | Individual | Mar. 31, 1838 | Favorable | |
| 19 | House{ | Mr. Cushing Mr. Pickens | }Foreign Affairs | April 4, 1840{ | Favorable, bill Minority Adv’s | }R. 343 |
| 20 | House | Mr. Cushing | Foreign Affairs | Dec. 29, 1841 | Favorable, bill | R. 16 |
| 21 | Senate | Mr. Choate | Foreign Relat’s | Jan. 28, 1842 | Favorable, bill | |
| 22 | Senate | Mr. Archer | Foreign Relat’s | Jan. 5, 1843 | Favorable, bill | |
| 23 | House | Mr. C. J. Ingersoll | Foreign Affairs | April 17, 1844 | Favorable, bill | |
| 24 | Senate | Mr. Choate | Foreign Relat’s | May 29, 1844 | Favorable, bill | |
| 25 | Senate | Mr. Choate | Foreign Relat’s | Dec. 23, 1844 | Favorable, bill | |
| 26 | Senate | Mr. J. M. Clayton[267] | Select | Feb. 2, 1846 | Favorable, bill | |
| 27 | House | Mr. Tru. Smith[268] | Foreign Affairs | July 13, 1846 | Favorable, bill | |
| 28 | Senate | Mr. Morehead | Select | Feb. 10, 1847 | Favorable, bill | R. 144 |
| 29 | House | Mr. Tru. Smith | Foreign Affairs | Jan. 4, 1848 | Favorable, bill | |
| 30 | Senate{ | Mr. Tru. Smith[269] Mr. Hunter | }Select | Feb. 5, 1850{ | Favorable, bill Minority Adv’s | }R. 44 |
| 31 | House | Mr. Buel | Foreign | June 14, 1850 | Favorable, bill | R. 355 |
| 32 | Senate{ | Mr. Bradbury Mr. Felch | }Select | Jan. 14, 1852{ | Favorable, bill Minority Adv’s | }R. 26 |
| 33 | Senate | Mr. Hamlin[270] | Select | Jan. 17, 1854 | Favorable, bill | |
| 34 | House | Mr. Bayly[271] | Foreign Affairs | Jan. 4, 1854 | Favorable, bill | |
| 35 | House | Mr. Pennington | Foreign Affairs | Mar. 3, 1857 | Favorable, bill | |
| 36 | Senate | Mr. Crittenden[272] | Select | Feb. 4, 1858 | Favorable, bill | R. 53 |
| 37 | House | Mr. Clingman | Foreign Affairs | May 5, 1858 | Favorable, bill | |
| 38 | House | Mr. Royce | Foreign Affairs | Mar. 29, 1860 | Favorable, bill | R. 259 |
| 39 | Senate | Mr. Crittenden | Select | June 11, 1860 | Favorable, bill | |
| 40 | Senate | Mr. Sumner | Foreign Relat’s | Jan. 13, 1862 | Favorable, bill | |
| 41 | Senate | Mr. Sumner | Foreign Relat’s | Jan. 20, 1863 | Favorable, bill |