The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-04

remained and the pretensons made the part OF the
United States consisted in maintaining tas our minister,
did most srenuously) the right OF citizens 10 uli
indemnify for injuries comprised in class No. T. Ihe
CLAIMS OF France national in their character-hose
OF the United States private both pending at the
same time. aud, the parties not being able agree The
whole subject was adjourned 10 future day. Ia
hs state OF the case the convention ratified by the
French Executive, and transmitted to the President
who LAID II before the Senate lin conformity with
consntIon) for its advice That body took up The sub
ec', and in the first place proposed article limiting
the convention 10 the period OF eight years and being de
srous of putting an end 10 all existing differences,
plunged the second article and advised its ratification IN
lis amended form, which accordingly done This
made necessary 10 return the convention 10 France
her government seems to have hesaled long, but finally
ratified the amended convention with this significant de
caration, +" that by this relrenchment Chat OF the 2d
arhcle) the two States renounce the respective preen
sons which the object Of the said article" Thus
Bonaparte. thsp First Consul gave construction 10 The
act OF The Senate in expunging the second article. He
declared 10 be understood ths, the parties by such
seirenoh~seo trtssdcd mutual eyonefafion OF Claims.
and by off setting the one against the other TO exngush
them forever This brought the convention back 10 the
United States for the consideration OF Executive (Mr
JefersonO and he (admitting Bonatarte IighD
deemed to be his duty to take the OF the Senate
the subiect and that body by declaring the convention
already ratified concurred in The views OF the French
government as expressed in the act OF ratification Even
before the final action OF the body the President (Mr
Jeiferson) had difficulty in coming 10 the
salt for Mr. Madison then Secretary OF State. under
date of 18th of December, 1901, wrote 10 Mr. Livingston
authorized that the President does regard the
clause as than "a legitimate ere from s re-
public"
/ In this novel and peculiar way the bargain was con
summaed and France released forever from these
spoation claims, consideration of the release bch
the United States obtained from the national claims OF
| France Thus learn why it was that much par
ticulany used to exclude the 4th class of claims
from participating in the fund created by the convention
OF ls03 and why our government has not soug ut ndem
H thn Ia e.ar III,
September, 1900.
That the two governments really intended an exn-
guishment OF their respective claims he release OF the
being the consideration of the release OF the otheD
may be proved by an abundance OF authority from both
sides of the Atlantic
! FRENCH AUTHORITY.
Soon after the convention of the 3Oh OF September
finally a6ed, became necessary for The French Exec
utve TO bring the subject to the notice of the legislature
10 one branch OF which, called the "Corps Legsahl,"
Citizen Roderer Zone OF the mlns on the part OF
France who negotiated The convention of lo00) made,
the 26h OF November, 1901 full explanations OF the views
and motives OF the French government negotiating that
convention, when he remarked ION the point now under
conslderaton) as follows:
"The of opening negotiations relative
treaties and the ndsmniaes has the second
lively and ofvewns any alteration in The good harmony
this rsesnd article 70 BE- suppressed IN the acts Of I
prudent sz and 10 ,s the respective
/ Bonaparte. while at St. Helena is reported by Mr.
Gougand, in his Memoirs vol 2, o5 to have advered
to the same subject remarking:
The q h. assn s a put an end TO
just claim. which America might have made for injuries done
AMERICAN AUTHORITY.
l. Extract from letter dated April II, 1903, from Mr..
Lvings American Minister al Paris, 10 M. Talley
rand Minister OF Exterior Relations OF the French repub-
lie:
sir, well ccollected by the distinguished characters
Who had The % ." the thai he
one aide treaty fay
= s s ID 18Th Son sa
Extract from letter dated February g. 1904, from
Mr. Madison, Secretary of State TO Mr.. Charles Pnck
ney, American Minister to Spain:
claims again. which France released" (meanng
suppression Of the I'd article, wsre admitted by France
r..a.s eS M Usi..s Stale. from certain The
make q. on s. % % , o s G
and could be included the io LIST
sess. 10Th Cong, p. 7s5
Thus i, appears that government by the suppress
sion of the ID article taken IN connexon with the dec
araon OF the French Executive, tconianed in the act
OF rstihcaon,) the effect that the two States TO
be under tood thereby the respective pre-
tensions which the object OF the I'd article made
bargain ruth France, releasing her from these spol,aton
claims, according to Mr. Madson,) FOR VALUABLE
CONSIDERATION, in correspondent release Of The United
States from certain dams 6em" which claims, on the
one side and the other. were las Mr. Livingston OBJ
served) considered OF equivalent value. making their
remuneration las Mr.. Roderer suggesed prudent and
amcable;" and this at once" (as Bonapare de-
clared put end to the privileges which France bad
which America might have made Tor injuries done IN
time OF peace"
The view then taken by Bonaparte Roderer, Madison,
and Livingston of the object and effect OF the suppress
sion of the 2J article is fully sustained by Mr. Clay in
his report OF the goth of May, 1926 from which sub
nit extract, as follows
rctenchment
article mutually respective
object Of that article The Of the United
which auson thus made the poiaon-
OF French authority conavcnon TO law and exist
Those France from the treaty of alliance OF
February, IT'S the q smi and commerce Of the
the 4h November lss What
ever obligation. either had
demand respectively waived and abandoned ADD the
which induced his petenons
remuneration by the other his
only be speculation The
the Of the United States
large, and the other hand the obligation great ITO specify
which United States
placed it article alliance 9th Of February
i7 which they bound forever from that time
France America well
by peace with
Britain all these having been, IL believed
AFTER the exchange Of the rauhcsnons OF the
September ls0o by the OF Great Britain from
Frsnce.n
Bp in order TO Just and accurate appreciation OF the
entire subject ii is necessary for 10 bring before the
Senate the Preensons advanced by the French govern
men in opposition to the claims OF own, and to show
what their character and extent and then TO trace
the negotiation between the American ENJOYS, Ellsworth
Dave, and Murray, and the French ministers, Joseph
Bonaparte Fleureu and Roderer step by step, to the
contamination OF the 30th September, $500; from all o
which shall deduce the correctness Of the assertion Of
Mr. Madison. that obtained from France valuable
consideration for releasing her from the claims now be-
fore the Senate.
FRENCH CLAIMS OR PRETENSIONS
To present these claims properly, it is necessary to
tb. of n alliance