Washington sentinel., 1855-02-20

by the state ofwar, or by the political action ofthe
two republics
Except in so far as the whole convention goes
TO establish the fact that the previous treaties
were admitted on both sides 10 be al an end none
OF the articles directly material 10 the present
question, save the following:
ART ii. "The ministers plenipotentiary of the
two parties not being able 10 agree al present
specting the treaty of alliance of 9th February,
ITS, the treaty of amty and commerce Of the
same date, and the convention Of the 18th No.
yember, l7SS, nor upon the indemnilies mutually
due or claimed, the parties will negotiate further
on these subjects at convenient time; and until
they may have agreed upon these points, the said
treaties and convention shall have no operation,
and the relations of the two countries shall be re-
guated as follows:
ART V. "The debts contracted by one Of the
two nations with individuals of the other, or by
the individuals Of one with the individuals of the
other, shall be paid, or the payment may be prose-
cuted in the same manner as ifthere had been no
misunderstanding between the two States. But
this clause shall not extend TO ndemnities claimed
on account of captures or con6scations."
On this convention being submitted 10 the. Sen
ale OF the United States, they consented and ad-
vised 10 IT'S ratification with the following pro-
viso
Provided that the second article be expunged,
and that the following article be added or inserted
II is agreed thar the present convention shall be
OF the exchange of Publications."
The spirit and purpose OF this change are appa-
rent and unmstakabe. The convention, as signed
by the respective plenpotentiaries did not adjust
all the points OF controversy. Both nations, how
| ever, desired the restoration of peace. Accord
lngly, as 10 those matters, in the relations Of the
two countries concerning which they could agree
they did agree for the time being; and as 10 the
rest, concerning which they could not agree, they
| suspended and postponed further negotiation.
/ abandoned hey rel
| quished no right either side, but simply ad.
| joufned the question until I" convenient tme.n
Meanwhile, and until the arrival Of such conve-
nient time, the relations of the two countries
were 10 be regulated by the siipulatons Of the
| convention.
OF course, the convention was on its face a
temporary and provisional one, but IN the worst
possible form OF prospective termination. II was
| TO cease at a convenient time. But how should
| that convenient time be ascertaned? Ii is plain
that such stipulation. while professedy not dis
| posing OF the present controversy, had within
itself The germ OF fresh one; for the two govern
ments might at any moment fall into dispute on
| the question whethersthat convenient time had or
had not arrived The Senate of the United States
anticipated and prevented this question by the
only possible expedient-that is, the designation
Of a precise date. This being done, the remaining
parts Of the second article became superhuous
and useless for as all the provisions of the con-
vention would expire in eight years, it would
necessarily follow thar negotiations must be re.
newed within that period more especially as the
| operation OF the amendment which covered The
whole convention was that even the stipulation OF
peace in the first article became temporary and
expired in eight years, whereas that article and
that article alone, was permanent according to
the original tenor Of the convention.
i The convention thus amended being submitted
10 the First Consul, was ratified by him. accompa-
nyng his act Of acceptance by the following declar-
atory note:
| ''The government of the United States having
added in its ratification that the convention should
be in force for the space Of eight years and having
omitted the second article, the government of the
French republic consents TO accept ratify and
confirm the above convention, with the addition
importing that the convention shall be in force for
the space Of eight years, and with the retrench.
| ment OF the second article Provided that by this
| retrenchment the two States renounce the respec-
tive pretensions which the object Of the said
| article"
| The convention, thus ratified by the First
Consul, having been again submitted 10 the SEN
ate Of the United States, that body resolved that
"they considered the convention fully ratified y
and returned The same 10 the President for pro-
mulga'ion and il was accordingly promulgated in
the usual form by President Jefferson.
Now, II is clear, that in simply resolving that
| "they considered the convention as fully ratified y
4 the Senate did in fact abstain from any express
declaration of dissent or assent to the construc.
ton put by the First Consul on the retrenchment
Of the second article. II any inference, beyond
this, can be drawn From their resolution, il is that
they regarded the proviso annexed by the First
Consul TO his declaration OF ac as foreign
TO the subject, nugatory, or as without conse-
quence or effect. Notwithstanding this provso,
they considered the ratification as full Ifthe new
proviso made any change in The previous import
of the convention, then il not full. And in
considering il full ratification, they in substance
deny that the proviso did in any respect change
the tenor of the convention.
BY the second article, as it originally stood,
neither republic had relnquished its existing
rights or pretensons either to other previous
| treaties, or the indemnies mutually due or
claimed, but only deferred the consideration OF
them 10 a convenient time. BY the amendmen nj
Of the Senate Of the United States, that conve.
nien time, instead being eft indefinite, was fixed
at eight years; but no right pretension Of either
| party was surrendered or abandoned.
1.-THE Senate erred in assuming that the proviso
ADDED by the First Consul did not affect the ques.
iion, then the transaction wonld amount 10 mo-
thing more than TO have raised new question to
| be disposed OF on resuming the negotiations
| namely. the question whether the proviso Of the
First Consul did did not modify or impair the
effect Of the convention as il bad been ratified by
| the Senate.
That such, and such only, was the true meaning
and effect OF The transaction that il was not, and
was not intended 10 be, REIMBURSEMENT by the
| United States OF any existing claim on France,
and especially that il not an aba ndonment Of
any claims Of individual citizens nor the set off Of
4
France is shown by the fact that President JeAer-
con did al once resume and prosecute 10 success.
ful conclusion negotiations 10 obtain from France
| naturalization for the claims Of citizens Of the
United States existing at the date Of that conven-
tion for the Both of April IS03 three treaties
were concluded at Paris between the United
States OF America and the French republic, one
/ Of which embraced the cesson OF Louisiana !;
another stipulated for the payment Of sixty mil
/ lions Of francs by the United States 10 France;
and third provided, that for the satisfaction Of
sums due by France 10 citizens Of the United
States at the conclusion OF the convention Of
| September 30, 1900, aud in express compliance
with the second and 6lh articles thereof further
sum Of twenty millions Of francs should be appro
| priaied and paid by the United States. In the
preamble TO the first Of these treaties which cedcd
| Louisiana, IL is set forth that
"The President Of the United States Of Ameri-
| ca and the First Consul Of the French republic,
| in the name Of the French people, desiring TO re-
| move ell source or misunderstandng relative 10
objects Of discussion mentioned in the second and
Nf H.. ~ 81. .fw Lt N.n