The presumption against these claims arising from such unfavorable reports and resolutions and from the failure of Congress to provide for their payment at a time so near the events upon which they are based can not be destroyed by the interested cry of injustice and neglect of the rights of our citizens.

Until 1846 these claims were from time to time pressed upon the attention of Congress with varying fortunes, but never with favorable legislative action.  In that year, however, a bill was passed for their ascertainment and satisfaction, and $5,000,000 were appropriated for their payment.  This bill was vetoed by President Polk,[31] who declared that he could “perceive no legal or equitable ground upon which this large appropriation can rest.”  This veto was sustained by the House of Representatives.

Nine years afterwards, and in 1855, another bill was passed similar to the one last mentioned, and appropriating for the settlement of these claims a like sum of money.  This bill was also vetoed,[32] President Pierce concluding a thorough discussion of its demerits with these words: 

In view of what has been said there would seem to be no ground on which to raise a liability of the United States, unless it be the assumption that the United States are to be considered the insurer and the guarantor of all claims, of whatever nature, which any individual citizen may have against a foreign nation.

This veto was also sustained by the House of Representatives.

I think it will be found that in all bills proposed in former times for the payment of these claims the sum to be appropriated for that purpose did not exceed $5,000,000.  It is now estimated that those already passed upon, with those still pending for examination in the Court of Claims, may amount to $25,000,000.  This indicates either that the actual sufferers or those nearer to them in time and blood than the present claimants underestimated their losses or that there has been a great development in the manner of their presentation.

Notwithstanding persistent efforts to secure payment from the Government and the importunity of those interested, no appropriation has ever been made for that purpose except a little more than $1,300,000, which was placed in the general deficiency bill in the very last hours of the session of Congress on March 3, 1891.

In the long list of beneficiaries who are provided for in the bill now before me on account of these claims 152 represent the owners of ships and their cargoes and 186 those who lost as insurers of such vessels or cargoes.

These insurers by the terms of their policies undertook and agreed “to bear and take upon themselves all risks and perils of the sea, men-of-war, fire, enemies, rovers, thieves, jettison, letters of mart and counter mart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, or people of what nation, condition, or quality whatsoever.”