Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 21.
(No Report.)
IN THE HOUSE OF REPRESENTATIVES.
January 4, 1848.
Read twice, and referred to a Committee of the Whole House on the state of
the Union.
Mr. Truman Smith, from the Committee on Foreign Affairs,
reported the following bill:
A BILL
To provide for the ascertainment and satisfaction of claims of
American citizens for spoliations committed by the French
prior to the thirty-first day of July, one thousand eight hundred
and one.

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[10] Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That satisfaction shall be made, as hereinafter
provided, to an amount not exceeding five millions of dol-
lars, to such citizens of the United States, or to their legal
representatives, as had valid claims to indemnity upon the
French government, arising out of illegal captures, deten-
tions, forcible seizures, illegal condemnations, and confisca-
tions, committed prior to the ratification of the convention
between the United States and the French republic con

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5 cluded on the thirtieth day of September, one thousand
eight huudred, the ratifications of which were exchanged
on the thirty-first day of July following: Provided, That
the provisions of this act shall not extend to such claims
as are stipulated for and embraced in the convention be-
tween the United States and the French republic concluded
on the thirtieth day of April, one thousand eight hundred
and three, and for the liquidation and payment whereof
provision is made in the said convention; nor to such
claims as were allowed and paid, in whole or in part, under
the provisions of the treaty between the United States and
Spain concluded on the twenty-second day of February,
one thousand eight hundred and nineteen; nor to such
claims as were allowed, in whole or in part, under the pro-
visions of the treaty between the United States and France
concluded on the fourth day of July, on thousand eight
hundred and thirty-one: And provided, also, That in all
cases of transfer or assignment, no claimant shall be enti-
tled to receive an amount beyond the consideration paid,
and interest thereon.
Sec. 2. And be it further enacted, That for the pur-
pose of carrying into effect the provisions of this act, and
to ascertain the full amount and validity of said claims,
three commissioners shall be appointed by the President,
by and with the advice and consent of the Senate,

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30 shall meet at the city of Washington on or before the first
Monday in October next, and, within the space of two
years from the time of their first meeting, shall receive, ex-
amine, and decide upon the amount and validity of all the
claims included within the description above-mentioned;
and the Secretary of State is required, forthwith after the
passage of this act, to give notice of the said meeting, to
be published in three newspapers in Washington, and in such
other papers as he may think proper. The said commission-
ers shall take an oath or affirmation, to be entered on the re-
cord of their proceedings, for the faithful and diligent per-
formance of their duties; and in case of the death or re-
signation of any such commissioner, his place may be
supplied by appointment as aforesaid, or by the President
during the recess of the Senate, of another commissioner
in his stead. The said commissioners shall be authorized
to hear and examine all questions relative to the said claims,
and to receive all suitable testimony, on oath or affirma-
tion, and all other proper evidence and documents concern-
the same; and the rules for the decision of said commision-
ers shall be the principles of justice, the law of nations,
and the former treaties between the United States and
France, to wit: the treaty of amity and commerce of the
sixth of February, one thousand seven hundred and seven-
ty-eight, the treaty of alliance of the same date, and the

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9 consular convention of the fourteenth of November, one
thousand seven hundred and eighty-eight. Their decisions
shall be in writing, and filed with their secretary, and the
individuals interested therein shall, on demand, have a copy
thereof; and the promulgation of the decisions of said com-
missioners shall be in public. The said commissioners
shall not, at any one time after the first day of January next,
adjourn for a longer period than ten days, without the con-
sent of the President of the United States, in writing, first
had and obtained.
Sec. 3. And be it further enacted, That the said com-
missioners shall be, and they are hereby, authorized to make
all needful rules and regulations, not contravening the laws
of the land or the provisions of this act, for carrying their
said commission into full and complete effect.
Sec. 4. And be it further enacted, That it shall be
the duty of the Secretary of State to procure, within the
shortest time after the passage of this act, through the
American minister at Paris or otherwise, all such evidence
and documents relating to said claims as can be obtained
from abroad; which together with the like evidence and
documents on file in the Department of State, or which
may be filed in the said department, may be used before
said commissioners by the claimants interested therein; but

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12 the same shall not be removed from the files of said com-
missioners.
Sec. 5. And be it further enacted, That the awards
of all such claims as may be admitted and adjusted by the
said commissioners, to an amount not exceeding five mil-
lions of dollars, shall be paid pro rata; and that the Secre-
tary of State, acting upon that principle, shall ascertain
and fix the amount to be paid upon each award.
Sec. 6. And be it further enacted, That the records
of the proceedings of said commissioners, and the docu-
ments produced before them, shall, after the commission is
closed, be deposited in the Department of State.
Sec. 7. And be it further enacted, That so soon as
said commission is closed, and the records of proceedings
of the commissioners are deposited in the Department of
State, the Secretary of the Treasury shall, on the application
in writing of any claimant, his lawful attorney, executor,
administrator, or assignee, forthwith sign and issue to the
person entitled thereto certificates of United States five per
cent. stock, in such sums as such applicant shall desire, not
less than two hundred dollars in each certificate, unless the
award be for a less sum, for the full pro rata amount
awarded to such claimant; and such certificates of stock
shall be redeemable, at the pleasure of the United States,

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14 at any time after twenty years from the date of the termi-
nation of said commission.
Sec. 8. And be it further enacted, That the President
of the Untied States is hereby authorized to take any mea-
sure which he may deem expedient for organizing the said
board of commissioners, and for this purpose appoint, with
the advice and consent of the Senate, a secretary well
versed in the French and Spanish languages; and the said
commissioners shall have power to appoint a clerk, and
also a messenger.
Sec. 9. And be it further enacted, That the compen-
sation of the respective officers, for whose appointment
provision is made by this act, shall not exceed the follow-
ing sums, which shall be paid out of the appropriation
hereby directed in behalf of the said claimants.
To each commissioner, at the rate, by the year, of
three thousand dollars, for two years only. No compen-
sation shall be allowed them for a longer period.
To the secretary of the board, at the rate, by the year,
of two thousand dollars.
To the clerk, at the rate, by the year, of one thousand
dollars; and to the messenger at the rate, by the year, of
three hundred dollars: Provided, That the whole expenses
of the commission shall not exceed fifty thousand dollars.

1 2 3 4 5 6 7 8 9 [10]	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That satisfaction shall be made, as hereinafter provided, to an amount not exceeding five millions of dol- lars, to such citizens of the United States, or to their legal representatives, as had valid claims to indemnity upon the French government, arising out of illegal captures, deten- tions, forcible seizures, illegal condemnations, and confisca- tions, committed prior to the ratification of the convention between the United States and the French republic con
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11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5	cluded on the thirtieth day of September, one thousand eight huudred, the ratifications of which were exchanged on the thirty-first day of July following: Provided, That the provisions of this act shall not extend to such claims as are stipulated for and embraced in the convention be- tween the United States and the French republic concluded on the thirtieth day of April, one thousand eight hundred and three, and for the liquidation and payment whereof provision is made in the said convention; nor to such claims as were allowed and paid, in whole or in part, under the provisions of the treaty between the United States and Spain concluded on the twenty-second day of February, one thousand eight hundred and nineteen; nor to such claims as were allowed, in whole or in part, under the pro- visions of the treaty between the United States and France concluded on the fourth day of July, on thousand eight hundred and thirty-one: And provided, also, That in all cases of transfer or assignment, no claimant shall be enti- tled to receive an amount beyond the consideration paid, and interest thereon. Sec. 2. And be it further enacted, That for the pur- pose of carrying into effect the provisions of this act, and to ascertain the full amount and validity of said claims, three commissioners shall be appointed by the President, by and with the advice and consent of the Senate,
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6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30	shall meet at the city of Washington on or before the first Monday in October next, and, within the space of two years from the time of their first meeting, shall receive, ex- amine, and decide upon the amount and validity of all the claims included within the description above-mentioned; and the Secretary of State is required, forthwith after the passage of this act, to give notice of the said meeting, to be published in three newspapers in Washington, and in such other papers as he may think proper. The said commission- ers shall take an oath or affirmation, to be entered on the re- cord of their proceedings, for the faithful and diligent per- formance of their duties; and in case of the death or re- signation of any such commissioner, his place may be supplied by appointment as aforesaid, or by the President during the recess of the Senate, of another commissioner in his stead. The said commissioners shall be authorized to hear and examine all questions relative to the said claims, and to receive all suitable testimony, on oath or affirma- tion, and all other proper evidence and documents concern- the same; and the rules for the decision of said commision- ers shall be the principles of justice, the law of nations, and the former treaties between the United States and France, to wit: the treaty of amity and commerce of the sixth of February, one thousand seven hundred and seven- ty-eight, the treaty of alliance of the same date, and the
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31 32 33 34 35 36 37 38 39 40 1 2 3 4 5 1 2 3 4 5 6 7 8 9	consular convention of the fourteenth of November, one thousand seven hundred and eighty-eight. Their decisions shall be in writing, and filed with their secretary, and the individuals interested therein shall, on demand, have a copy thereof; and the promulgation of the decisions of said com- missioners shall be in public. The said commissioners shall not, at any one time after the first day of January next, adjourn for a longer period than ten days, without the con- sent of the President of the United States, in writing, first had and obtained. Sec. 3. And be it further enacted, That the said com- missioners shall be, and they are hereby, authorized to make all needful rules and regulations, not contravening the laws of the land or the provisions of this act, for carrying their said commission into full and complete effect. Sec. 4. And be it further enacted, That it shall be the duty of the Secretary of State to procure, within the shortest time after the passage of this act, through the American minister at Paris or otherwise, all such evidence and documents relating to said claims as can be obtained from abroad; which together with the like evidence and documents on file in the Department of State, or which may be filed in the said department, may be used before said commissioners by the claimants interested therein; but
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10 11 1 2 3 4 5 6 1 2 3 4 1 2 3 4 5 6 7 8 9 10 11 12	the same shall not be removed from the files of said com- missioners. Sec. 5. And be it further enacted, That the awards of all such claims as may be admitted and adjusted by the said commissioners, to an amount not exceeding five mil- lions of dollars, shall be paid pro rata; and that the Secre- tary of State, acting upon that principle, shall ascertain and fix the amount to be paid upon each award. Sec. 6. And be it further enacted, That the records of the proceedings of said commissioners, and the docu- ments produced before them, shall, after the commission is closed, be deposited in the Department of State. Sec. 7. And be it further enacted, That so soon as said commission is closed, and the records of proceedings of the commissioners are deposited in the Department of State, the Secretary of the Treasury shall, on the application in writing of any claimant, his lawful attorney, executor, administrator, or assignee, forthwith sign and issue to the person entitled thereto certificates of United States five per cent. stock, in such sums as such applicant shall desire, not less than two hundred dollars in each certificate, unless the award be for a less sum, for the full pro rata amount awarded to such claimant; and such certificates of stock shall be redeemable, at the pleasure of the United States,
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13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14	at any time after twenty years from the date of the termi- nation of said commission. Sec. 8. And be it further enacted, That the President of the Untied States is hereby authorized to take any mea- sure which he may deem expedient for organizing the said board of commissioners, and for this purpose appoint, with the advice and consent of the Senate, a secretary well versed in the French and Spanish languages; and the said commissioners shall have power to appoint a clerk, and also a messenger. Sec. 9. And be it further enacted, That the compen- sation of the respective officers, for whose appointment provision is made by this act, shall not exceed the follow- ing sums, which shall be paid out of the appropriation hereby directed in behalf of the said claimants. To each commissioner, at the rate, by the year, of three thousand dollars, for two years only. No compen- sation shall be allowed them for a longer period. To the secretary of the board, at the rate, by the year, of two thousand dollars. To the clerk, at the rate, by the year, of one thousand dollars; and to the messenger at the rate, by the year, of three hundred dollars: Provided, That the whole expenses of the commission shall not exceed fifty thousand dollars.