The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-20

francs q
exceed, but could not fail short Of the debts cue by
France 10 the citizens Of the United States
reconcile the claim nov presented with the estimates
mace BY those who were OF the time and Immediately
connected with the events and whose intelligence and
integrity baye in no small degree contributed to the
veS Is ii rational TO that the claimants, who
now present themselves for indemnity by the United
staes represent debts which would been admitted
and paid BY France but for the intervention Of the
United satesY And is 1t possible escape the ef
feet Of the volumnous evidence tending 10 establish the
fact that France resisted all these clams-that it was
emily after long and skful negotiation that the agents Of
the United States obtained the recognition Of such Of the
claims provided for In the conventions Of 1900
and 1902 And il this conclusive against any pre-
tensions Of possible the part the claimants
lett nnAded TO mafe their applications to France that
the only debts due 10 American citizens which have
been paid by France those which were assumed by
me United sate az part OF the consideration in the
There is little which is credable either to the judg
ment patriotism OF those OF fellow citizens who
this day arra'gD the Justice the fidelity Of
try Of the who founded the republic in represent
to escape from public oSsndpns snS them to
have withheld from them just compensation. 1t has
been gratifying to me in tracing the history Of these
claims to find that ample evidence exists to refute
accusation which would impeach the purity justice
and the msgnapmity Of the lustrious who guided
and controlled the early dsstnies Of the republic
lpass from this Of the history Of the subject
and ON ting many substantial objections to theae
only grounds upon which they by possibility be
maintained
Before entering this may be proper to state dis
tinctly certain propositions which, it is admitted all
hands, are essential to prove the obligations OF the
Frf-That at the date of the Treaty Of September So
$780, these claims were valid and subssting against
France.
second-That they were released or extnguished by
its ratification.
consideration valuable 10 the government but in
which The claimants had interest than any other
citizens.
The convention between the French republic and the
United States OF America signed at Paris the 30th day
Of September $780, the be founded
the equal desire Of the First Consul Napoleon Bona
parte and the Prsdentof the United States terminate
the differences which have arisen between the two States
nyiolahle and universal peace and true and sincere
friendship between the French republic and the United
States Next it proceeds in the second third fourth
and fifth articles to make provision sundry respects
having reference to past differences and the transition
from the state OF between the two countries that
Of general and permanent peace Finally in the residue
OF the twenty seventh article 1t stipulates the
conditions Of amty and intercourse-co commercial and
potcal-thereater to exist, and Of course TO be sub
stuted in place OF the previous conditions Of the trea
ties Of all ance and OF commerce. and the consular
vtntioD which are thus tacit]y but unequvo:ally
cognzea az longer in force but in effect abrogated
either by the state Of war; or by the political action Of
Except in so far the whole convention goes to
absh the fact that the previous treaties admitted
on both sides to be at an end none Of the articles are
directly material to the prelent question: the fol-
loving
Art q "Tbe nisters plenipotentary Of the two par
ties not being able to agree at present respecting the
treaty of alliance of 9Th February l77S the treaty Of
am,ty and commerce OF the date, and the
ton OF the 14th November 1855, upon the indemn
ties mutually due claimed, the parties will negotiate
fprher these subjects convenient time; and until
they may have agreed upon these points, the said
ties and convention shall have operation and the
atoDs OF the two countries shall be regulated as fol-
lows
Art s. "The debts contr acted by one of the two ma
items with individuals Of the other by the individuals
Of che With the individuals of the ether shall be paid
1be payment may be prosecuted in the manner
there bad been Misunderstanding between the two
States, Bur this clause shall not extend to ndemnies
aApvD ntrrn "A, .G..o
I'm this convention being submitted to the Senate Of
the uri'ed States, they consented and advised to Its
ratification with the following proviso:--
s'l ovidef that the nd article be expunged, and
that the following article be added or inserted 1t is
the term eight years from the time of the exchange Of
Publications
uImistakable The convention signed by the respec-
tive plenipoteDaries, did adjust all the points Of
controversy Both nations however desired the resor-
alton OF peace Accordingly TO those matters in the
relations Of the countries concer ming which they
could they did agree for the time being and
the 'est concerning which they could not agree they
Suspended and pos poned further negotiation.
ney abandoned no pretensions, they reipq pushed
until convenient time" Meanwhile, and until the
afrlyal Of such convenient me- relations OF the two
countries Nre TO be regulated by the stpulatons of the
convention.
Of COURSE the convention was it's face temporary
and provisional but in the worst possible form of
prospective termination. IL to at convenient
time. But bow should that convenient time be
tained9 1t plain that such stipulation, while profess
present
itself the germ Of fresh one for the two
might at any moment fall into dispute the question
whether that convenient time had or had not arrived
The Senate Of the United States anticipated and pre-
vented this question by the only possible expedent
that is the designation of precise date. This being
done the ming parts Of the second article became
supe,fuous and useless Tor all the provisions OF the
convention would expire in eight years, it would
sarly follow that negotiations must wed within
that period especially as the operation Of the
amer dment which covered the whole convention was
that the stipulation Of in the first article be-
car tenn nd Qynrad in iUh fvpar VIII
that article, and that article alone permanent
cordng to tie orr, ioal tenor Of the convention.
The convention thus amended being submitted to the
First Consul, ratified by him, accompanying his act
of acceptance by the following declaIatory note :
The government OF the United States having added
in is ratification that the convention should be in force
tor the space of eight years. and having omitted the
sents accept ratfy and confirm the nventon
with the addition importing that the convention shall be
in force Tor the space Of eight years. and With the re-
trenchment Of the second article PROVIDED that by this
ierenchment the two States the respective
preiensons which the object of the said article"
The convention, thus ratified by the First Consul
having been again submitted the senate of the United
States, that body resolved that "they considered the
convention fully ratified, and returned the to
the President for promua ration, and it accordingly
promulgated in the usual form by President Jefferson
the sa IN rssSg
did in fact abstain from any express declaration Of dis
sent or assent 10 the construction put by the First Con-
sui on the retrenchment OF the second article. any
inference, beyond this be drawn from their resolu
op is that they regarded the proviso annexed by the
OF acceptance 10
the subject as nugaory, without consequence
effect. Notwithstanding this provso, they considered
the ratification AS full II the new proviso made any
change in the previous import Of the convention then Il
not full. And in considering 1t full ratification
they substance deny that the proviso did n any
spect change the tenor of the convention.
by the second article, IL originally stood, neither
republic bad relinqushed its existing rights preten
sons either to other previous treaties the indemn
ties mutually due claimed but only deferred the
sderation Of them to a convenient time. BY the amend
ment Of the senate of the United Stains that convenient
time, instead Of being left indefinite fixed mt eight
years. but no right or pretenson Of either party was
surrendered or abandoned.
If the Senate erred in assuming that the proviso add
ed by the first Consul did affect the question: then
the action would nothing more than to
have raised new question to be disposed of