THE FRENCH SPOLIATION CLAIMS. HISTORICAL ORIGIN OF THE CLAIMS. From time to time the cases known by the generic name of French spoliation claims come up for discussion in Congress and in the press and are often debated without any very definite conception of their origin or basis. It may seem strange that claims against the Government whose inception is connected with the very beginning of our national existence should still be the subject of consideration as present demands against the Government, both before the courts and in the legislative forum. But dilatoriness in dealing with matters of private right between the citizen and the Government seems to have become traditional. Not until 1885 was there any tribunal before which these claims could be prosecuted. Even under the act of 1885, as will be seen hereafter, a decision of the court has not the legal effect of a final judgment. Hence, it is that the liability of the Government for the payment of these claims settled by unanimous judicial decision a quarter of a century ago is often reopened in Congress and the press and the subject thrashed out anew, often in apparent ignorance of the laborious investigation long since made by the Court of Claims into the history and basis of these claims, and the result of that investigation as announced in a number of thorough and well-reasoned opinions. The origin of these claims is closely intertwined with the stirring events of our struggle for independent national existence. At its darkest hour the astute diplomacy of Franklin and his colleagues convinced the generous and high-minded young King Louis XVI and his counselors that it would be to the interest of France to enter into an alliance with us. Vergennes and the other ministers of the King clearly saw that we had a great future before us and decided that our friendship was of importance. This view led to our recognition as a Government by France, first among all nations, and to the conclusion of two treaties with that country made together and constituting in diplomatic effect one instrument, the first by many years of all the treaties entered into by the United States. By the eleventh article of the "Treaty of Alliance between the United States of North America and His Most Christian Majesty, Concluded at Paris February 6, 1778, Ratified by Congress May 4, 1778," the following momentous guaranty was given by each party to the other:1 1 Public Treaties of the United States, 1875, pp. 202, 203. 5 ARTICLE XI. The two parties guarantee mutually from the present time and forever against all other powers, to wit: The United States to His Most Christian Majesty, the present possessions of the Crown of France in America, as well as those which it may acquire by the future treaty of peace; And His Most Christian Majesty guarantees on his part to the United States their liberty, sovereignty, and independence, absolute and unlimited, as well in matters of government as commerce, and also their possessions, and the additions or conquests that their confederation may obtain during the war, from any of the dominions now, or heretofore possessed by Great Britain in North America, conformable to the 5th and 6th articles above written, the whole as their possessions shall be fixed and assured to the said States, at the moment of the cessation of their present war with England. The guaranty thus given by France to us was essential to our national existence. We were in the midst of a contest for independence a contest the issue of which was then very doubtful. The act of France in recognizing the separate national existence of revolted British colonies constituted in effect a declaration of war against Great Britain, and as such was fully acted upon by both nations. The guaranty of our independence here made by France was carried out in the fullest manner. She supplied us with troops and munitions of war most fully and generously and made us large loans in money. Her aid was important, if not indispensable, to our success in gaining our independence. Our next treaty with her, made in 1782, when the struggle had been practically decided in our favor, is entitled "Contract between His Most Christian Majesty, and the Thirteen United States of North America, relative to payment of loan," etc. It begins:1 The King having been pleased to attend to the requests made to him in the name and on behalf of the United Provinces of North America, for assistance in the war and invasion under which they had for several years groaned; and His Majesty, after entering into a treaty of amity and commerce with the said Confederated Provinces, on the 6th of February, 1778, having had the goodness to support them, not only with his forces by land and sea, but also with advances of money, as abundant as they were effectual, in the critical situation to which their affairs were reduced: it has been judged proper and necessary to state exactly the amount of those advances, etc. The treaty then proceeds to show that these loans amounted to 18,000,000 livres, money of France, which by that treaty the United States agreed to repay in stipulated installments with interest at 5 per cent from the date of the treaty of peace, not yet then concluded. The King as2 a new proof of his affection and friendship, has been pleased to make a present of, and to forgive the whole arrears of interest to this day, and from thence to the date of the treaty of peace; a favor which the Minister of the Congress of the United States acknowledges to flow from the pure bounty of the King, and which he accepts in the name of the said United States with profound and lively acknowledgments. The guaranty which we, on the other hand, gave to France was of no less importance. Her present possessions, which we guaranteed to her forever, were very extensive and valuable-the islands of Santo Domingo, Martinique, Guadeloupe, St. Lucia, St. Vincent, Tobago, Deseada, Marie-Galante, and Granada in the West Indies, a colony on the mainland at Cayenne, and the islands of St. Pierre and Miquelon on the coast of Newfoundland. This treaty also authorized all ships of war and privateers of either party to carry their prizes freely into the ports of the other without any examination concerning the lawfulness of the prize. The privilege was furthermore made exclusive. "No shelter or refuge shall be given in their ports to such as shall have made prize of the subjects, people, or property of either of the parties."1 Our national independence was secured with the aid of France and was in 1783 finally acknowledged in the fullest manner by our former sovereign, King George III. If France had expected any special commercial relations to spring up as a consequence of her alliance with us, the expectation seems to have been disappointed. Trade and commerce tended to revert to their old channels. In 1789 the French Revolution broke out. The monarchy came to an end and King Louis XVI, our good friend of 15 years earlier, was executed in 1793. War broke out between France and Great Britain with whom were allied nearly all the other nations of Europe. It then became of vital importance for France that we should take sides with her and make good the perpetual guaranty which we had given her of her American possessions, as well as allow her the exclusive privileges in relation to her prizes secured to her by the treaty of 1778. There was no national sentiment in favor of doing any of these things. On the contrary, we entered into the most friendly relations with our former enemy, Great Britain. John Jay was sent as envoy to that country with instructions to conclude a treaty. We had our own grievances against that country, as will be seen later. Jay was instructed not to let these grievances stand in the way of the conclusion of a treaty. The result was the British treaty of 1794. It was therein provided in direct contravention of our agreement of 1778 with France: It shall be lawful for the ships of war and privateers belonging to the said parties respectively to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any fee to the officers of the admiralty, or to any judges whatever; nor shall the said prizes, when they arrive at and enter the ports of the said parties, be detained or seized, neither shall the searchers or other officers of those places visit such prizes (except for the purpose of preventing the carrying of any part of the cargo thereof on shore in any manner contrary to the established laws of revenue, navigation, or commerce), nor shall such officers take cognizance of the validity of such prizes; but they shall be at liberty to hoist sail and depart as speedily as may be, and carry their said prizes to the place mentioned in their commissions or patents, which the commanders of the said ships of war or privateers shall be obliged to show." This privilege was again made exclusive by the provision, "No shelter or refuge shall be given in their ports to such as have made a prize upon the subjects or citizens of either of the said parties." So direct was the conflict between this provision and the equally exclusive one of the French treaty of 16 years earlier that it seems a touch of sarcasm when it is added later down in the same article Nothing in this treaty contained shall, however, be construed or operate contrary to former and existing public treaties with other sovereigns or States. 1 Public Treaties of the United States, 1875, art. 17, pp. 208, 209. |