1797 John Adams - Consuls and the Protection of American Sea Men

America's cotton industry was growing and the demand for exports was becoming a driving force in the economy of our 21 year old nation.  One of the major goals of the Adam's administration was protecting American commerce and the Yankee sea men who navigated the treacherous waters to transport the cotton to Great Britain, France and Spain.  President John Adams knew that the sea men needed to know that their country would defend not only their investments, but their lives.  America had to provide them with a guarantee for the risks they were taking.  This required two actions.  First, America had to work closely with Spain, France and Great Britain to ensure that the private citizens were re-payed for the loss of property and income during the previous years of war.  Both the Jay Treaty with Great Britain and Pinkney' treaty with Spain included articles that allowed for merchant sea men to recover losses.    This was of great importance to the President and he wrote at length about it in his first annual address to Congress.  First he was happy to announce that with accord to the seventh article of the Jay treaty (see below), payments were made by the British government to American citizens for losses of "irregular and illegal captures". 

"Several decisions on the claims of citizens of the United States for losses and damages sustained by reason of irregular and illegal captures or condemnations of their vessels or other property have been made by the commissioners in London conformably to the 7th article of the treaty. The sums awarded by the commissioners have been paid by the British Government. A considerable number of other claims, where costs and damages, and not captured property, were the only objects in question, have been decided by arbitration, and the sums awarded to the citizens of the United States have also been paid." 

Then, Adams turned his attention to Spain and the 21st article of Pinkney's treaty (see below).  Claims had been made by American citizens but unfortunately there was a delay due to the war between Spain and France.    Again, Adams was happy to announce now that the war had subsided, meetings with commissioner's of Spain and the United states could resume.

"The commissioners appointed agreeably to the 21st article of our treaty with Spain met at Philadelphia in the summer past to examine and decide on the claims of our citizens for losses they have sustained in consequence of their vessels and cargoes having been taken by the subjects of His Catholic Majesty during the late war between Spain and France. Their sittings have been interrupted, but are now resumed."

After a few words about the role of foreign consulate offices in the disbursement of these claims, President Adams announced his wish to take additional actions to protect the sea men.  He wanted to protect not only the business men who owned and operated the vessels, but the sea men themselves.   When the vessels were captured, many sea men were stranded in foreign countries without any means to support themselves.  Many were ill and suffering.  They had no where to turn, but to the consuls.  In many cases, the consulate officers provided their own money to provide relief, and the President suggested that with all reason they expected to be reimbursed.   Unfortunately, the current laws on the book regarding the consuls provided only a modest salary, and very little funds to provide relief.   President Adams urged Congress to revise the and amend the consular act so that support in foreign countries would be both adequate and effective in the support in the relief of American merchant men.

"The numerous captures of American vessels by the cruisers of the French Republic and of some by those of Spain have occasioned considerable expenses in making and supporting the claims of our citizens before their tribunals. The sums required for this purpose have in divers instances been disbursed by the consuls of the United States. By means of the same captures great numbers of our sea men have been thrown ashore in foreign countries, destitute of all means of subsistence, and the sick in particular have been exposed to grievous sufferings. The consuls have in these cases also advanced moneys for their relief. For these advances they reasonably expect reimbursements from the United States.

The consular act relative to sea men requires revision and amendment. The provisions for their support in foreign countries and for their return are found to be inadequate and ineffectual."

John Adams did get his wish. On April 18, 1798, Congress approved "An Act authorizing an expenditure, and making an appropriation for the reimbursement of monies advanced by the Consuls of the United States, in certain cases."  Section 1 as written authorized the reimbursements to the consuls.

Secretary of State authorized to reimburse advances made by the consuls.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State be, and hereby is authorized, under the direction of the President of the United States, to reimburse such reasonable advances of money as have been made, or, during the present year, shall be made by the consuls of the United States, in making and supporting the claims of American citizens to captured property, before the tribunals of foreign countries; or for the relief of sick and destitute seamen in foreign countries, beyond the sum already allowed by law for that purpose.Sec. 2. $30,000 appropriated.And be it further enacted, That for the purposes aforesaid, there be, and hereby is appropriated, a sum not exceeding thirty thousand dollars, which shall be paid from any monies which may be in the treasury, not otherwise appropriated.

Shown in the picture, is the the Consulate office of Barcelona. On December 29, 1797 President Adams named a New England sea captain, William Willis to be the first U.S. consul to Barcelona

http://www.presidency.ucsb.edu/ws/index.php?pid=29439
http://barcelona.usconsulate.gov/about-us.html

Jay's Treaty ARTICLE 7

Whereas Complaints have been made by divers Merchants and others, Citizens of the United States, that during the course of the War in which His Majesty is now engaged they have sustained considerable losses and damage by reason of irregular or illegal Captures or Condemnations of their vessels and other property under Colour of authority or Commissions from His Majesty, and that from various Circumstances belonging to the said Cases adequate Compensation for the losses and damages so sustained cannot now be actually obtained, had and received by the ordinary Course of Judicial proceedings; It is agreed that in all such Cases where adequate Compensation cannot for whatever reason be now actually obtained, had and received by the said Merchants and others in the ordinary course of Justice, full and Complete Compensation for the same will be made by the British Government to the said Complainants. But it is distinctly understood, that this provision is not to extend to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the Claimant. That for the purpose of ascertaining the amount of any such losses and damages Five Commissioners shall be appointed and authorized to act in London exactly in the manner directed with respect to those mentioned in the preceding Article, and after having taken the same Oath or Affirmation (mutatis mutandis). The same term of Eighteen Months is also assigned for the reception of Claims, and they are in like manner authorised to extend the same in particular Cases. They shall receive Testimony, Books, Papers and Evidence in the same latitude, and exercise the like discretion, and powers respecting that subject, and shall decide the Claims in question, according to the merits of the several Cases, and to Justice Equity and the Laws of Nations. The award of the said Commissioners or any such three of them as aforesaid, shall in all Cases be final and conclusive both as to the Justice of the Claim and the amount of the Sum to be paid to the Claimant; and His Britannick Majesty undertakes to cause the same to be paid to such Claimant in Specie, without any Deduction, at such place or places, and at such Time or Times as shall be awarded by the said Commissioners and on Condition of such releases or assignments to be given by the Claimant, as by the said Commissioners may be directed. And whereas certain merchants and others, His Majesty's Subjects, complain that in the course of the war they have sustained Loss and Damage by reason of the Capture of their Vessels and Merchandize taken within the Limits and Jurisdiction of the States, and brought into the Ports of the same, or taken by Vessels originally armed in Ports of the said States:

It is agreed that in all such cases where Restitution shall not have been made agreeably to the tenor of the letter from Mr. Jefferson to Mr. Hammond dated at Philadelphia September 5th 1793. A Copy of which is annexed to this Treaty, the Complaints of the parties shall be, and hereby are referred to the Commissioners to be appointed by virtue of this article, who are hereby authorized and required to proceed in the like manner relative to these as to the other Cases committed to them, and the United States undertake to pay to the Complainants or Claimants in specie without deduction the amount of such Sums as shall be awarded to them respectively by the said Commissioners and at the times and places which in such awards shall be specified, and on Condition of such Releases or assignments to be given by the Claimants as in the said awards may be directed: And it is further agreed that not only to be now existing Cases of both descriptions, but also all such as shall exist at the Time, of exchanging the Ratifications of this Treaty shall be considered as being within the provisions intent and meaning of this article.

http://avalon.law.yale.edu/18th_century/jay.asp

Pinkney's Treaty ARTICLE 21.

In order to terminate all differences on account of the losses sustained by the Citizens of the United States in consequence of their vessels and cargoes having been taken by the Subjects of his Catholic Majesty during the late war between Spain and France, it is agreed that all such cases shall be referred to the final decision of Commissioners to be appointed in the following manner.

His Catholic Majesty shall name one Commissioner, and the President of the United States by and with the advice and consent of their Senate shall appoint another, and the said two Commissioners shall agree on the choice of a third, or if they cannot agree so they shall each propose one person, and of the two names so proposed one shall be drawn by lot in the presence of the two original Commissioners, and the person whose name shall be so drawn shall be the third Commissioner, and the three Commissioners so appointed shall be sworn impartially to examine and decide the claims in question according to the merits of the several cases, and to justice, equity, and the laws of Nations. The said Commissioners shall meet and sit at Philadelphia and in the case of the death, sickness, or necessary absence of any such commissioner his place shall be supplied in the same manner as he was first appointed, and the new Commissioner shall take the same oaths, and do the same duties. They shall receive all complaints and applications, authorized by this article during eighteen months from the day on which they shall assemble. They shall have power to examine all such persons as come before them on oath or affirmation touching the complaints in question, and also to receive in
evidence all written testimony authenticated in such manner as they shall think proper to require or admit. The award of the said Commissioners or any two of them shall be final and conclusive both as to the justice of the claim and the amount of the sum to be paid to the claimants; and his Catholic Majesty undertakes to cause the same to be paid in specie without deduction, at such times and Places and under such conditions as shall be awarded by the said Commissioners. 

http://avalon.law.yale.edu/18th_century/sp1795.asp