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


preamble Of which recites that W w
1.-THE President Of the United States Of America ans the
First Consul Of The French republic in the name Of the
French people, having by treaty OF this date termi-
mated al difficulties relative to louisiana and established
on solid foundation the friendship which unites the
TWO nations and being desirous in compa with the
second and h articles of the convention of the eighth
Vandemaire ninth year OF the French republic, goth
due By France to the citizens Of the United States and
shave appointed plenpotentaries, who agreed to the
following among other articles -
"Art. The debts due by France to citizens OF the
United states contracted before the 9Th Of vandemare
ninth year of the French republic, (30th September,
with Uepest s ss neg 20 to Commence rom
the PERIODS when the accounts and vouchers pre-
sented to the French government.
cle those whose result Is comprised in the conec
tura note (a annexed to the present convention, and
which, with the interest. cannot exceed the sum Of
twenty millions Of francs. The claims comprised in the
said note which fall within the exceptions OF the follow
ing articles iha not be admitted to the benefit Of this
Art ~ It is expressly agreed that the preceding
ticles shall comprehend debts but such debts
due to citizens Of the United States who have been and
act creditors Of France for supplies for embargoes
and prizes made at sea- in which the appeal has been
properly ged within the time mentioned in the said
convention eighth Vendemaire ninth year, (30th Sep
ember, 1907
Art. " "1he preceding articles shall apply only-lst
to captures of which the council Of prizes shall have
dered restitution 1t being well understood that the
claimant cannot have recourse to the United States
otherwise than he might have had the government Of
the Fren IN republic and only in case Of insuciency of
the capors 3D. the debts mentioned in the said fifth
cle the convention contracted before the 9Th Vende
mare, an. 9, Gao September, 1901 the payment Of
which has been heretofore claimed Of the actual govern
ment of France and for which the creditors have right
to the protection Of the United States the Raid fifth ar
Gle does not comprehend prizes whose has
been shall be confirmed. 1t Ia the express intention
Of the contracting parties not to extend the benefit Of
the present convention to reclamations Of American
citizens who shall have established houses Of
in France England, other countries than the United
States partnership with foreigners and who by that
OuUh re
gaIded domicated in the places where such houses
exist All agreements and bargains concerning merchan
disc, which shall not be the property Of American c
equally excepted from the benefit Of the said
convention saving, however, to such persons their
claims in like manner 81 II this treaty had not been
made.
Art. XII "n case of claims for debts contracted by
States since the sh vendemaire ninth year. september
go 1907 not being comprised in this convention may
be pursued, and the payment demanded In the same
manner AZ II it had not been made "
Other articles OF the treaty provide for the appoint
of agents to qudate the claims intended be
qss and s the Of the at the
cluoiDg clause Of the tenth article
The rejection Of any claim shall have other effect
it, the French government reservng to itself the right
to decide definitely such claim 20 far it concerns
tself.''
Now from the provisions of the treaties thus coated
the following deductions undeniably follow, namely
First, Neither the second article of the convention Of
1900 as originally Stood nor the retrenchment Of that
article the proviso in the ratification by the First
Consul the action of the Senate of the United States
thereon regarded by either France or the United
States the announcement Of any claims Of American
citizens aga INST France
Second On the contrary the treaties of 1903 the
it lett the day Of the signature Of that of 1900
without suggestion on the part OF France, that the
ment Of the second article or the note Of the First Con-
sui and proceeded TO make ample provision for such
France could be induced to admit justly due, and
they accordingly discharged in full with interest,"
by the United States in the stead and behalf Of France
Third The tnted Slater, not having admitted in the
convention Of 1900 that they under any obligations
to France by OF the abro yatsn of the
177S and 1885, persevered in this view of the question
by the tenor Of the treaties Of 1903 and therefore had
such national obligation to discharge and did not,
either in purpose in fact, at any time undertake
discharge themselves from any such obligation at the
expense and with the property of individual citizens of
the United States.
Fourth BY the treaties of 1909 the United States OBJ
tanned from France the nowledsment and payment,
part of the indemnity for the of Louisiana of
claims of citizens Of the United States fer spoatons so
far as trance WOULD admit her liability in the premises;
hut then the United States not renquish any
clam of American citizens not pr ,yided for by those
treaties SO far from IT, to the honor of France be it
membered she reserved to herself the right
reconsider any rejected claims Of citizens Of the United
States.
Fifth. As to claims of citizens of the United States
against France which had been the subject of coptro
versy between the two countries prior to the signature
Of tie convention OF 1900 and the further
of which was reserved for more convenient time the
second article Of that convention for these claims and
these only provision made 10 the treaties OF 1905
al other claims being expressly excluded by them from
their scope and puiview.
1t not to be overlooked though not necessary to the
conclusion that by the convention between France and
he United States Of the 4th Of July 1881 complete pro-
vision made for the liquidation, discharge and pay
mt both Sides OF all claims Of citizens Of either
against the Other for unlawful seizures, captures
questrations, distinctions Of vessels csrgoes,
other property without any limitation of time, In
terms to back to the date of the last preceding set
tlen entat eastto that of 1903 the commence
mel OF our national relations with France.
This review Of the successive treaties between France
doubling conviction that while the United States have
in the most ample and the competest discharg
ed their duty towards such OF their citizens may
have been at any time aggreved by acts of the French
government, also France has h0norably discharged
herself OF all obligations in the premises towards the
nted States. To concede what this bill assumes would
be to mpute undeserved reproach both to France and
TO the United States.
am Of course aware that the bill proposes only TO
provide naturalization for such valid claims OF ,tzens
Of the United States against France shall not have
been stipulated Tor and embraced in any OF the treaties
enumerated. But In excluding all such claims II ex-
cludes all in tact for which during the negotiations
France could be persuaded to agree that she n any
wise liable to the United States citizens. What
rtmansY And for what ia Ave millions appropriately
In view of what has been said there would to be
no ground which TO raise liability Of the United
States considered the insurers and the guaran
tor Of all claims, Of whatever nature which any ndi
vIdual citizen may have against a foreign nation.
FRANKLIN PIERCE.
WASHINGTON Feb. II, 1885.