French Spoliations, prior to July 31, 1801. RESOLUTIONS & INSTRUCTIONS OF THE LEGISTURES OF ELEVEN STATES, TO THEIR SENATOR 5 AND REPRESENTATIVES IN CONGRESS TO SUSTAIN, AND PROVIDE BY LAW FOR SATISFYING THE CLAIMS OF AMERICAN CITIZENS, WHICH WIRE FOR PUBLIC USE, BARTERED AWAY TO FRANCE BY THE UNITED STATES, IN THE CONVENTION OF SEPT. 30, 1800 [Taken from Congressional Documents.] No. 1. New York Legislature, 2. Ohio ditto, 3. Louisiana ditto, 4. Massachusetts ditto, 5. Maine, ditto, 6. Connecticut ditto, No. 7. Delaware Legislature, 8. Rhode Island ditto, 9. Maryland ditto, 10. Alabama ditto, 11. Pennsylvania ditto, in Convention. I 0 WASHINGTON: R. A. WATERS, PRINTER. 1854. 2 30th Congress, [SENATE.] Miscellaneous. 1st Session. No. 137. (No. 1.) RESOLUTIONS OF THE LEGISLATURE OF NEW YORK, In relation to French Spoliation claims prior to 1800. Mat 8, 1848.—Ordered to be printed. State of New York, in Assembly, February 11, 1848. Resolved, (if the Senate concur,) That it is the bounden duty of the General Govern¬ ment, without further delay, to make pro .vision for the payment of claims of American citizens on aoceunt of spoliation committed by the French prior to the 30th day of Sep¬ tember, A. D. 1800. Resolved, (if the Senate concur,) That the Senators and Representatives of this State in Congress be, and they are earnestly, requested to use their best exertions to promote the passage of a law in. Congress to carry the above views into effect. Resolved, (if the Senate concur,) That the president of the Senate, and the speaker of the Assembly, be requested to transmit a copy of the foregoing resolutions to each of our Senators and Representatives. By order: P. B. PRINDLE, Clerk. State o» New York, in Senate, February 13, 1848. Resolved , That the Senate do concur in the foregoing resolutions. By order : A. H. CALHOUN, Clerk. Albany, April 1, 1848. Sir: We have the honor to send you hereon copies of resolutions passed by the Senate and House of Assembly of this State, relative to the French spoliations. With great respect, your obedient servants, HAMILTON FISH, President of the Senate. A. K. HADLEY, Speaker oj the Assembly. 29th Congress, SENATE. r 175 7 2 d Session. L J (No. 2.) RESOLUTIONS OF THE LEGISLATURE OF THE STATE OF OHIO, RELATIVE TO FRENCH SPOLIATIONS. February 23, 1847.—Read, and ordered to be printed. Resolved by the General Assembly of the State of Ohio , That by the treaty between the United States and France of September 30, 1800, the United States was released from % 2 7,7 3 /A wW., FW s the onerous stipulations of the treaty of alliance of 1778, by which the United States guarantied to France the possession of all its West India islands; in consideration of which release, France was discharged from its just obligations and liabilities in favor of those American citizens who, prior to September 30, 1800, had suffered by illegal cap¬ tures, detentions, and spoliations of their vessels and other property, by France, upon the high seas. Resolved , That the said treaty of September 30, 1800, appropriated the private claims of its citizens to discharge a national obligation, and that it is therefore the duty of the United States to provide for the payment of those citizens whose private property was thus taken for the use of the nation; and that, in the continued delay of the United States, for the last forty-six years, to indemnify the sufferers, that provision of the Con¬ stitution which declares that private property shall not be taken for public use without just compensation has been disregarded. Resolved, That the governor, be requested to forward a copy of these resolutions to each of the Representatives and Senators of this State in the Congress of the United States. WILLIAM P. CUTLER, Speaker of the House of Representatives EDSON B. OLDS. Speaker of the Senate. February 5, 1847. 30th Congress, [SENATE.] Miscellaneous. 1st Session. No. 40. (No. 3.) * RESOLUTION OF THE LEGISLATURE OF LOUISIANA, In favor of the indemnification of the sufferers by French Spoliations prior to 1800. February 2, 1848.—Read, referred to the Committee on Foreign Relations, and ordered to be printed. Whereas, by the convention of eighteen hundred, the Government of the L T nited States relinquished the claims of citizens of the United States upon the French Government for spoliations committed upon the property of said citizens previous to eighteen hundred in consideration of an abandonment by France of her claim upon the United States for failure to comply with treaty stipulations; and whereas, by the abandonment of said claims of citizens of the United States, for national benefits, the United States became bound to compensate said citizens, as private property cannot be taken for pub¬ lic purposes without just compensation: lie it therefore resolved by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That our Senators and Representatives in Congress be re¬ quested to use their best exertions to obtain the passage of a law making an appropria¬ tion for indemnifying the sutferers by French spoliations previous to eighteen hundred- provided the said sutferers have not voluntarily alienated their claims. PRESTON W. FARRAR, Speaker of the House of Representatives. TRASIMON LANDRY, Lieutenant Governor aud President of the. Senate. Approved April 15, 1847. ISAAC JOHNSON, Governor of the State of Louisiana. 4 26th Congress, 2d Session. [SENATE.] [218] (No. 4.) RESOLUTIONS OF THE LEGISLATURE OF MASSACHU¬ SETTS, In relation to the claims for French Spoliations committed prior to the 31sZ day of July, 1801. February 24, 1841.—Laid on the table, and ordered to be printed. COMMONWEALTH OF MASSACHUSETTS. IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND FORTY-ONE. Resolves in relation to the claims of American citizens for spoliations committed by authority of the French Government upon the commerce of the United States, prior to the thirty-first day of July, one thousand eight hundred and one. Resolved, by the Senate and House of Representatives in General Court Assembled, That the claims of American citizens, arising from spoliations committed on the commerce of the United States by authority of the Government of France, previous to the thirty-first day of July, in the year one thousand eight hundred and one, are just and ought to be satisfied; and that by the convention of eighteen hundred, ratified in eighteen hundred and one, the Government of the United States, in consideration of advantages to be de¬ rived from said treaty to the people of the United States, discharged the French Govern¬ ment from all obligation to make indemnity for said spoliations. Resolved, That good policy, the principles of justice, and also the express provisions of the Constitution, require, that whenever the property of a part of the people is sac¬ rificed for the good of the whole, the property of the whole should be holden to make in¬ demnity for such sacrifice ; and that the American Government, having for national pur¬ poses discharged the Government of France from the performance of its just obligations towards our citizens, is bound to fulfil them in its place. Resolved, That we regard the bill now pending before Congress upon the subject of “ French spoliations,” as making a just provision and a reasonable appropriation for the payment of such claims as are therein specified; and that the honor and faith of the Gov¬ ernment, as well as the interest of an unfortunate portion of our citizens, require that the same should be passed without delay; and that our Senators in Congress, and our Representatives, be requested to use their exertions to hasten the passage of said bill into a law. Resolved, That his excellency the Governor be requested to transmit a copy of these re¬ solves, and the accompanying report, to the Executive of the United States, and also to each of our Senators and Representatives in Congress, with a request that they use all honorable means to effect a settlement of these claims. House of Representatives, February 17, 1841. Passed: In Senate, February 18, 1841. Passed : February 19, 1841. Aproved : GEORGE ASHMUN, Speaker. DANIEL P. KING, President. JOHN DAVIS. A true copy, attest: John P. Bigelow, Secretary of the Commonwealth. COMMONWEALTH OF MASSACHUSETTS. Senate, January 25, 1841. The special joint committee, to which was referred the petition of William Bartlett and 5 [ 218 ] others, praying the legislature to pass resolves, instructing our Senators and requesting our Representatives in Congress to vote for a bill now pending before that body, “to provide for the satisfaction of claims due to certain American citizens for spoliations committed on their commerce prior to the 31st day of July, 1801,” have considered that subject, and submit the following report. By order of the committee : H. W. KINSMAN, Chairman. REPORT. The bill referred to in the petition is entitled a bill “ to provide tor the satisfaction of claims due to certain American citizens for spoliations committed on their commerce prior to the thirty-first day of July, 1801.” The first section provides that satisfaction to an amount not exceeding $5,000,000 shall be made to such citizens of the United States, or their legal representatives, as had valid claims upon the French Government to in¬ demnity arising out of the spoliations referred to. The second section provides for the appointment of three commissioners, who are to examine and decide upon such claims as shall be presented under the act. The remaining sections contain such further pro¬ visions as are necessary fully to carry into effect the main object of the bill. The petitioners represent themselves as entitled, in consequence of losses suffered by the above named spoliations, to claim the benefit proposed by the bill, should the same finally become a law; and pray the legislature to interpose in their behalf, by request¬ ing our Representatives and instructing our Senators in Congress to vote for it. It has not been thought necessary by the committee to examine into the nature of the particular claims of the respective petitioners, which are represented to amount to six hundred and fifty thousand dollars; because it is well known that many citizens of Mas¬ sachusetts, in common with the merchants of other States, suffered severely by the spo¬ liations for which the proposed bill provides indemnification. It has appeared to the committee, that if these claims as a class were just, and if the Government of the United States are rightfully bound to satisfy them, the prayer of the petitioners ought to be granted. They have therefore examined the subject with reference to these two particu¬ lars : First. Were the claims which the petitioners present, and for which the bill before Congress provides indemnification, valid against the French Government? Second. Have the United States, by any arrangement with France, assumed the obli¬ gations of the French Government, and become justly responsible for the payment of these claims? To answer the first inquiry, it may be necessary to give a very brief account of the origin of the claims in question. During the wars in Europe which succeeded the French revolution, the Government of France, as is well known, resorted to many extraordinary measures to sustain itself. Among these measures were various decrees of the National Convention and the Directory, all having for their object the capture and destruction of the property of neutrals. The decree of May 9th, 1793, authorized “French ships of war and privateers to arrest and bring into the ports of France all neutral vessels laden with provisions destined to an enemy’s port, or with merchandise belonging to an enemy.” This was followed by further decrees in 1796, 1797, and 1798 ; by the last of which, all vessels having on board goods, the product of England or her colonies, were declared lawful prize to French ships of war and privateers. By authority of these several decrees, all the cruisers, privateers, and ships of war of France and its dependencies in Europe, and in the French West Indies, were let loose upon the defenceless commerce of the United States; and such was their success and so great was the misfortune of our citizens, that the number of vessels captured be¬ tween August, 1796, and June, 1797, alone, amounted to 308, according to a list pub¬ lished in Philadelphia. It is understood that the whole number of vessels captured and condemned in this illegal manner was more than 600, which, witli their cargoes, were condemned, and wholly lost to their owners. By a calculation made from the result of claims, as proved in other similar cases, the average value of a vessel and her cargo is believed to be about $16,800. This, if cor¬ rect, would swell the whole amount of claims from these spoliations to more than $10,000,000, without interest. It was never pretended by the French Government that these captures were made [ 218 ] 6 agreeably to any of the recognised laws of nations, and it only justified them by the ne¬ cessity of the case. In subsequent negotiations, its agents and ministers never denied, but always admitted, the justice of the claims of American citizens, arising from such captures and condemnations. Indeed, in one of its decrees, (that ©f 1793, May 9th,) in¬ demnity was promised to the neutral owners who might suffer by its operation. It is not deemed necessary to go more fully into' this part of the subject, because, by reference to numerous public documents and reports of committees, which have been from time to time made in Congress, and also to the negotiatio ns of our diplomatic agents in France during the above named years, and up to the conclusion of the treaty of 1800, which was finally ratified by our Government December 21st, 1801, it will abundantly appear that these claims are meritorious, equitable, and just, as against the Government of France. The next question is, whether the United States, by any arrangement with France, have assumed the obligations of the French Government, with regard to these claims? In order to a full understanding of this qustion, let us examine a moment the cir¬ cumstances out of which the convention of 1800 originated. By the 11th article of the treaty of alliance between the United States and France, of 1778, the United States agreed to guaranty to France all its possessions in America. By the 17th article of the treaty of amity, concluded the same year, it was provided that ships of war of either party, and privateers, might freely carry ships and goods, taken from their enemies, whithersoever they pleased, without paying any duty ; that no such prizes should be arrested or seized when they entered the ports of either party; and that the officers of such ports should not search the same, nor make any inquiry into the lawfulness of such prizes. In the progress of the wars of Europe, these articles were found by the Govornment of the United States, if literally fulfilled, to expose us to imminent danger of being drawn iu as an ally of France; whereas, the true policy of the United States was to re¬ main neutral. Accordingly, a proclamation of neutrality was issued by the American Government on the 22d of April, 1793. This proclamation, together with an order issued to prohibit the fitting out of French privateers in our ports, were considered by France as violations of the above treaties. These were the causes of complaint on the part of the French Government: while, on our side, the numerous aggressions which had been committed on our commerce, by authority of the above mentioned decrees, were a subject of constant and earnest remon¬ strance. Such was the state of things when the ministers of both Governments met to negotiate the convention of 1800. The long correspondence upon this subject it is not necessary to detail; it is sufficient to say, that when this convention was agreed upon by the re¬ spective ministers, it contained the following article, viz: “Art. II. The ministers plenipotentiary of the two parties not being able to agree, at present, respecting the treaty of alliance of the 6th of February, 1778, the treaty of amity and commerce of the same date, and the convention of the 14th November, 1788, nor upon the indemnities mutually due or claimed, the parties will negotiate further upon these subjects at a convenieut time; and until they may have agreed upon these poiuts, the said treaties and convention shall have no operation, and the relations of the two countries shall be regulated as follows.” In due course of time this convention was presented to the Senate of the United States for ratification. That body, however, disapproved of the above article, and qualified their ratification by a proviso, that said article should be expunged, and the following inserted, viz : “It is agreed that the present convention shall be in force for the term of eight years, from the time of the exchange of the ratifications.” When the treaty, with this proviso, was presented to Bonaparte, theu first consul, he altered it still further, by introducing the clause which follows : “ The Government of the United States having added to its ratification that the convention should be in force eight years, and having omitted the second article, the Government of the Frencn Republic consents to accept, ratify, and conform the above convention, with the addition, importing that the conven¬ tion shall be iu force for the space of eight years, and with the retrenchment of the second article: Provided that, by this retrenchment, the two States renounce the respective pretentions which are the object of the said article .” On the I9th December, 1801, the treaty with the above clause was again submitted to the Senate, when that body resolved that they considered the same as fully ratified. 7 [ 366 ] The committee believe that they cannot better express the effect of this clanse, thus added by the first consul, and agreed to by our Government, than by using the language of the report of the Secretary of State on this subject, on the 20th May, 1826 ; “ The two contracting parties thus agreed by the retrenchment of the second article mutually to renounce the respective pretensions which were the object of the article. The preten¬ sions of the United States, to which allusion is thus made, arose out ef the spoliations under color of French authority, in contravention of law and existing treaties. Those of France sprung from the treaty of alliance, and the treaty of amity and commerce, and the convention of 1788. Whatever obligations or indemnities, from these sources, either party had a right to demand, were respectively waived and abandoned; and the consid¬ eration which induced one party to renounce his pretensions, was that of renunciation by the «ther party of his pretensions.” As a confirmation of the position that the two Governments regarded the question as settled, and that the United States were bound to make such indemnification as should be found just for these claims, nothing was said about them, and no provision made for their satisfaction in the convention with France of 1831, by which all claims subsequent to July 31, 1801, were provided for. These claims, then, were relinquished by our Government, in consideration of tho dis¬ charge, by the French Government, of claims which they, on their part, professed to have against the United States ; and which seem to have been considered by both parties at the time as a fair equivalent. But are the innocent citizens of the United States to lose their property, because its Government chose for great national objects to relinquish their claims ? The Government of the United States had unquestionably a right, if it were considered for the interest of the country, to make such relinquishment; but reason, equity, and justice require, that if the interests of a part of the citizens were sacrificed for the good of the whole, the whole people should compensate them for their losses. This view is also supported by the Constitution, which provides as follows: “Nor shall private property be taken for public use, without just compensation.” Since then, the result of a careful examination shows that these claims are equitable and just, and that the Government of the United States are under obligation to provide for them; and since the sum appropriated for that purpose, by the bill now pending be¬ fore Congress, is not unreasonably large, the committee are of opinion that the same ought to pass without further delay. The committee are more especially, induced to urge a speedy settlement of these claims, because, while all or most of the claims of our citizens against foreign Governments have been long since adjusted, the very meritorious claims now in question against our own Government have remained for nearly half a century, unsatisfied. It is true that these claims are those of private citizens ; but their vast amount, and the interest which, in common with the other States, Massachusetts has, in the preservation of national faith and honor, by the discharge of the just obligations of the General Government, seem to make it proper that the Legislature should express its opinion on this subject in the form usually adopted in such cases ; the committee, therefore, respectfully report the accompanying resolves. 26th Congress, [SENATE.] r 366 "1 1st Session. L J (No. 5.) RESOLUTION OP THE LEGISLATURE OF MAINE, On the subject of making provision for French Spolintions prior to 1800. April 9, 1840. —Laid on the table, and ordered to be printed. Resolved , That the Government of the United States is bound, upon every principle of equity, to make provision for an indemnity to those who suffered by French spoliations [ 414 ] 8 upon American commerce prior to September, 1800; that, having compromised all claims upon the French Government for such spoliations, and received an ample indemnity therefor, a longer delay on the part of the General Government in making provision for those individuals whose property has been appropriated for the common benefit would be neither expedient nor just. Resolved , That a copy of these resolves be forwarded to each of our Senators and Rep¬ resentatives in Congress, with a request to lay them before the bodies of which they are members, and to use all their influence to procure the passage of a law making due pro¬ vision upon the subject matter of these resolves. In the House of Representatives, March 18, 1840. Read and passed: H. HAMLIN, Speaker. In Senate, March 18, 1840. Read and passed: STEPHEN C. FOSTER, President . March 18, 1840. Approved: JOHN FAIRFIELD. Executive Department, Augusta, March 30, 1840. Sir : I have the honor to transmit certain resolves adopted by the Legislature of this State in relation to French spoliations prior to September, 1800, with a request that you would use your influence in the way therein suggested. I am, sir, very respectfully, your obedient servant, JOHN FAIRFIELD, Governor of Maine. Hon. John Ruggles. I 25th Congress, TDoc. No. 414.1 [Ho. of Reps.1 ‘Id Session. L J - (No. 6.) FRENCH SPOLIATIONS PRIOR TO 1800. -o- RESOLUTIONS OF THE LEGISLATURE OF THE STATE OF CONNECTICUT, For Indemnity for Losses sustained by French Spoliation prior to 1800. June 4, 1838. —Read, and laid upon the table. At a General Assembly of the State of Connecticut, holden at New Haven, in said State, on the first Wednesday of May, in the year of our Lord one thousand eight hundred and thirty-eight— Resolved, That the members of the Senate of the United States, and the Representa¬ tives in Congress, from this State, be requested to use their influence to procure the pas¬ sage of a law to indemnify the citizens of the United States for losses sustained by thorn from the French prior to September 30, 1800. And be it further resolved, That his excellency the Governor of this State be, and he is hereby, requested to transmit to our Senators and Representatives in Congress a copy of these resolutions. The above and foregoing is a true copy of record in this office. ROUAL R. HINMAN, Secretary. Oefice of the Secretary of State, New Haven May 25, 1838. I 9 27th Congress, [SENATE.] £ 39 ] 2c? Seszion. (No. T.) EESOLUTIONS OF THE GENERAL ASSEMBLY OF DELA¬ WARE, In favor of the passage of a law to make compensation for French Spoliations committed prior to 1800. January 10, 1842. — Laid on the table, and ordered to be printed. IN THE LEGISLATURE OF THE STATE OF DELAWARE, January session , 1841. Whereas, prior to the month of September, 1800, numerous captures of Amerian ves¬ sels, with their cargoes, were made by French vessels of war, whereby the French Gov¬ ernment became liable to a claim of indemnity for such captures on the part of American citizens, who had been thus despoiled of their property: And whereas, the Government of the United States, in the month of September, 1800, concluded a treaty with the French Republic, in which they released the said Republic from all claims on the part of the citizens of the United States, on account of the above stipulations, in consideration of a release on the part of the said Republic, of a claim of indemnity against the said United States for the non-performance of certain stipulations contained in the treaty between France and the United States, concluded in the year 1778: therefore, Resolved by the Senate and House of Representatives of the State of Delaware in General Assembly met , That the Government of the United States, by releasing France from its obligations to indemnify our citizens for the property plundered by its cruisers, in consid¬ eration of the release granted by France from the guarantees contained in the treaty of 1778, must be regarded as having assumed the debt, and as having voluntarily placed itself under a solemn obligation to satisfy all the claims thus released for a valuable consideration. Resolved That the Senators and Representative of this State in Congress be, and they are hereby, requested to use all fair means to procure the passage of a law to compensate our citizens for spoliations committed by France prior to 1809. Adopted at Dover, February 18, 1841. Attest: JOSEPH P. COMEGYS, Clerk of the House of Representatives . GEO. P. FISHER, Clerk of the Senate. 27th Congress, [Rep. No. 16, page 32.] Ho. of Reps. 2 d Session. (No. 8.) INSTRUCTIONS. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. In General Assembly , January session, A. D. 1832. Resolved , That our Senators in Congress be instructed to use their exertions to secure for our citizens all the compensation for French spoliations which, by treaty with France or otherwise, may be constitutionally provided and secured. True copy. Witness: HENRY BOWEN, Secretary. 10 (No. 9.) MARYLAND RESOLUTIONS. Whereas the United States of America, by her convention with France, concluded on the 30th day of September, in the year 1800, pursuing a course of wise and urgent pol¬ icy, which had the effect of maintaining the peace and eminently promoting the pros¬ perity of our country, stipulated for a discharge from the onerous article in the treaty with France of the year 1778, by which the United States became bound to guaranty to the crown of France her possessions in America; and also by that convention was re¬ leased from all claims on the part of France or her subjects against the United States ; but whereas the United States accomplished her exoneration from these momentous lia¬ bilities by surrending all pretentions for indemnification claimable for American citizens on account of illegal captures, seizures, and confiscations” by France before the 30th of September, 1800, by which renunciation those sufferers were not only forever debarred the mediation of their own Government, but lost all claim in every form against France for the wrongs inflicted upon them by that Government; and whereas, although it was the privilege of the United States thus to avail herself of the means which the grievances of her citizens afforded, to relieve the Union from a corresponding liability for indemnification, but, above all, from the treaty obligation referred to, which, if continued, would have entan¬ gled this country in all the wars to which France was a party, yet it became the conse¬ quent duty of the United States to assume the satisfaction of those claims of her citizens which she used as the rich consideration to France for an inestimable benefit conferred upon this country ; and whereas any other view would be repugnant to the sacred duty of protection which bound the United States, and under which she undertook to vindicate those demands of her citizens and to enforce their redress, and would imply a right in the Government of the Union to avail itself of the misfortunes of a portion of her citizens to accomplish a national good, at the sacrifice of individual interests entitled to her care, and confided to her as their necessary and only guardian ; and whereas citizens of Mary¬ land, sufferers to a large extent, have asked this indemnification from the Congress of the United States as a debt thus devolved upon the United States, and from various quar¬ ters of the Union the same appeals are made to Congress for this manifest and long- deferred justice: Therefore, Be it resolved by the General Assembly of Maryland, That the Senators and Represen¬ tatives from this State in Congress be, and they are hereby, requested to promote the granting of prompt and full indemnification to the claimants aforesaid. And be it further resolved, That the Governor be, and he is hereby, requested to trans¬ mit to our Senators and Representatives in Congress a copy of these resolutions. True copy from the original resolutions, which were assented to at December session, 1835. JOSEPH H. NICHOLSON, Clerk of the Senate. GEORGE G. BREWER, Clerk House of Delegates. 27ih Congress, [Rep. No. 16, page 41.] House of RErs. 2 d Session. (No. 10.) RESOLUTIONS OF ALABAMA. STATE OF ALABAMA.—JOINT MEMORIAL. Whereas, it appears by a report of the Committee on foreign affairs of the Congress of the United States, made on the 4th day of April, 1840, that John Marrast, jr., for John Marrast and A. J. Cotton, administrator of John Smith, deceased, citizens of the 11 State of Alabama, have petitioned the Congress of the United States, on account of French spoliations committed prior to 1800: Be it therefore resolved by the Senate and House of Representatives of the State of Alabama in General Assemblg convened, That our Senators and Representatives in the Congress of ' the United [States,] be requested to use their exertions to secure for our citizens all the compensation for French spoliations to which they may be entitled, or which by treaty with France, or otherwise, may be constitutionally provided and secured. Resolved, further, That his excellancy the Governor of this State be, and he is hereby, requested to transmit to our Senators and Representatives in Congress a copy of these resolutions. J. S. G. COTTRELL, President Senate. R. A. BAKER, Speaker of the House of Reps. Approved Jannary 9, 1841. 25th Congress, [Doc. No. 238.] Ho. op RErs. 2 d Session. (No. 11.) FRENCH SPOLIATIONS. MEMORIAL OF CITIZENS OF PENNSYLVANIA, Upon the subject of spoliations on the commerce of the United States prior to the year 1800. March 12, 1838. Committed to the Committee of the Whole House on the state of the Union, to which is committed bill No. 449, to provide for the settlement of such claims. To the honorable the Senate and House of Representatives of the United States of America in Congress assembled. The memorial of the undersigned, citizens of the State of Pennsylvania, % Resfectfelly shewetii : That representations have been made to the undersigned, (who are at present as¬ sembled in this city, for the purpose of amending the constitution of Pennsylvania,) that a bill is now pending before Congress, in which a large number of the citizens of this Commonwealth have a deep interest. Your memorialists allude to a bill to indemnify certain citizens of the United States for claims upon France for spoliations upon their commerce prior to the year 1800, which the Government of the United States released France from paying in consequence of a most valuable consideration which the United States obtained from France for that discharge. By our treaty with France, negociated by Doctor Franklin in the year 1778, the United States bound themselves to that nation to guaranty to Franco forever all her colonics in the West Indies. If we did not continue to fulfil that obligation, wc should have been guilty of a violation of national faith; and if we did fulfil it, we were liable to be in¬ volved in every w T ar in which France might engage. Therefore, in order to get honorably rid of this embarrassing obligation, our Govern- 12 [ 238 ] ment agreed, by the treaty of 1800, to relinquish all the claims of our fellow-citizens upon France for spoliation upon our commerce up to that period; and France, on her part, in consideration of this discharge, released the United States from all obligation imposed by the treaty of 1778, to guaranty to her the possession of her West India colo¬ nies. The claim, therefore, of the citizens of the United States upon their own Govern¬ ment for their property, thus given in barter to obtain a great national object, appears well established. And your memorialists are informed that twelve committees of Con¬ gress have at various sessions reported in favor of these claims ; and that the Senate of the United States actually passed a bill, a few years since, to pay them. Your memorialists would observe, that the Constitution of the United States declares that private property shall not be taken for public use without just compensation; and as in this case the property of a small portion of the people of the United States was taken to purchase a great national benefit, your memorialsts are of opinion that the claimants, who thus suffered by the surrender of their rights, are entitled to relief upon every consideration of law and justice. Philadelphia, February 7, 1838. Wm. Hiester W. P. Mar ley John A. Gamble C. J. Ingersoll J. F. Cox James Ladd Morgan J. Thomas H. G. Long Henry Sheetz Jamss C. Biddle John J. McCahan Thomas H. Sill J. M. Porter A. H. Read Thomas Hastings Dan’l Seager Ch. Chauncey Sam! A. Purviance Jacob Stickel Jeremiah Brown Thomas Weaver Wm. Henderson Geo. Serrill Virgil Grenell James Merrill Mark Darrah A. J. Cline * John Chandler James McSherry John Foulkrod Jos. R Chandler Geo. W. Woodward Samuel Shock R. G. White Thos. S. Bell D. M. Farrely John Clarke James Pollock Aaron Kerr E. T. McDowell E. C. Reigart Walter Forward Harmer Denny Wm. Overfield Pierce Butler M. W. Baldwin John M. Scott Chas. Brown Abm. Helfenstein J. M. Russell Sam’l C. Bonham M. Henderson Jos. B. Stingere Phs. Jenks J. Hyde Robt. Flemming Wm. Clark Daniel Agnew William L. Harris Jos. Fry ; jr. Jos. Koingmacher Joseph M. Doran Thomas Earle R. E. Cochran E. T. McDowell Thos. P. Cope Walter Craig R. Young George M. Keim Lindley Coates J. Barndollar J. Mongomery W. M. Meredith Richard McCrain N. Clapp E. W. Sturdivant M. Henderson John Dickey David Lyons W. Kevin Wm. Hays Jos. Hopkinson William Brown Wm. Ayres James Porter Benj. Martin. And, in addition to the aforegoing, the following of subsequent date, viz: Resolution of Massachusetts Legislature (2d) House journal, 1st Ses. 32d Cong. p. 172. Resolution of Maine Legislature, (2d) Senate journal, 1st Ses. 33d Cong. p. 718. Resolution of Chamber of Commerce of Philadelphia, House Journal, 2d Session. 25th Congress, No. 237. Resolution of Board of trade of Baltimore, House Doc. 2d Session, 25th Cong No. 235, Resolution Convention of Delegates at New York, House Doc. 2d Session. 25th Con¬ gress, No. 239. Resolution Chamber of Commerce of New York, Senate Journal, 1st Session 31st Con¬ gress, p. 211. Resolution of Merchants and Underwriters of Charleston, So. Ca. Journal 1st Session, 31st Congress p. 83.