Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1855-02-22

articles shall comprehend no debts but sach rs arc cur
tr the citizens of the United States. who have been
and ere vet creditors Of France for supplies, for Elm.
bnrrucs, and prizes made at sea. III which the apPca!
has been properly lodged within tie time mentioned
in thc suid cunvrrtirn, StlI Ncrdcmalrr, ninth ychr,
go September, lSNO.l
Anr. V. The preceding articles shall apply only
lst. 20 CAPTURE, Of which the council of prizes shall
have ordered restitution, it being well understood
that the claimant cannot hare recourse ~ the United
States. otherwise than lie might haNe had to the gov
ernrncnt OF the French republic, and only in case Of
iusutiiciency of the captor.; I'd, the debts mentioned
in the said fifth article Of the convention contracted
before the Sth EendcmGire, nm. =, L3O September
lSU0.) the payment OF which has been heretofore
claimed Of the actual government oil rance, ana t"i
which the creditors have a right 10 the protection OF
the United States: the said ftth article does not com.
prehend prizes whose dcmna has been or snail
be confirmed. 1t is the express intention OF the con-
tracing parties not 10 extend the beneft oil me pre-
sent convention to rcClanatlons OF American cNlZeHs
who shall have established houses Of commerce III
France, England, or other countries tl!nn the cnited
States, in partnership with foreigners, nnd VINO DE
that reason, or the mature of their commerce, ought
10 be regarded rs domiciliated in the placcs where
such houses exist. All agreements md bargains con-
corning merchandise, which shall not be the property
Of American citizens, arc equally excepted from the
benefit of tho said convention, saving, however, TO
such persons their claims in like manner as il this
treaty had not been made.
ART. XII. "ln case of clnims for debts contracted
by the government Of France with citizens Of the |.
States since the StlI N~endrmaire, ninth year, go Sep
TENDER, $780, not being comprised in this convention,
may BIZ pursued, and the payment demanded in the
same manner as if II had not been made"
Other articles OF the treaty provide for the appoint
mcnt Of agents to ~liquidatc the claims intended TO be
secured, and for the payment OF them, as allowed, at
the treasury OF the United States. The fOllowingl is
the concluding clause Of the tenth article
"The rejection otany claim shall have no other ef-
feet than 10 exempt the United States from the pay
mcnt of fit, the French government rcserving 10 itself
the right to decide definitely on such claim so fur as
il CONCERNS itself"
Now, from the provisions of the treaties thus COLA
ted, the following deductions undcniably follow, name
ly:
First. Neither the second article of the convention
Of 1900, as it originally stood, nor the retrcnchmcnt Of
that article, nor the pruvisU in the ratification by the
First Consul, nor the action ofthe Senate of the United
States thereon, was regarded by either France or the
United States us the announcement Of any claims Of
American citizens against France.
Second. On tho contrary, in the treaties OF 1903
the two governments took up tho question precisely
where it was left Oh the day OF the signature Of that of
1900, without suggestion Oh the part of France, that
the claims of our citizens were excluded by the re-
trenclIment of the second article, or the note Of the
First Consul, and proceeded 10 make ample provision
for #uc!, as France could be induced TO admi: were
Justly due, and thcy we're accordingly discharged III
full, with interest, by the United States in tie stead
and behalf of France.
Third. The United States, not having admitted in
the convention Of 1850 that they were under any or
legations to France by reason OF the nbrugaiion OF the
treaties OF l11S ami l1s8, pcTsev"red III this WOW "l
the question by the tenor o: the treaties q. lSO3, and
therefore had no fn.. national obligation to dis
charge, and did not, either Il. p::ri:Csc or In tact, al
ar time. undertake. to discharge themselves from any
such obligation at the cTprnrr and with the property
OF individual citizens Of the United States.
Fourth. BY the treaties Of 1863, the United States
obtained from France the acknowledgment and pay
ment, rs part Of tho indemnity for the ccssion OF Lou.
| lima - nt,,,Ny Of ,tit.r - tln T,,.nl SSn,n So
spnliutions So far us France would admit her liability
in the premises; but even then the United States did
not r~elinquish any claim of American citizens not pro-
vidrd for by those treaties; so far from If, To tho honor
OF France be it remembered, she expressly reserved
70 nG.sol: the right to reconsider any rejected claims
of citizens OF the United States.
Fifth. As to elaine Of citizens OF The United States
against France, which had been the subject of cortfo-
vcrsy between the two countries prior 10 the signature
of the convention Of 1900, and the further c~Onsiicra-
ton % which was reserved for q more convenient
time by the second dIti:lo Of that conventions; for
these claims, and these only, provision ~ar n.sde IN the
treaties OF lSO3-all other c!aims being expressly eX'
cludrd by them from their scope sud purview.
II ia hot to be overlooked, though not necessary to
The conclusion, that by the c0nyent;on between France
aud the United States of the iti July, 1871 complete
provision WIS made for the liquidation, discharge, and
paymeut, OH both siles. of ali claims 81 citizens Of Ell
ther against the other for unlawful seizures, captures,
sequestra!ious, or distractions Of rcsscls, cnrSocs or
other property, without any limitation Of time, go III
IN tclInE 10 run Dhck 20 the uHtt U " inc III prcCcu-
inr settlement, at least 10 that of lSO3, If not to the
commencement Of our national relations with France,
2ais reyi.w OF tho successive treaties between
FRINGE ana toe Ln.:.d States hns brought my mind
to the urdoubtiTg conviction ,nn, r.'!e The United
States have in the most ample end the sGil.rie;s.i
manner discharged their duty towards such Of their
citizens as may have been Mt any time sgcricred by
49, 5 the French government, SO, also, France has
honJfabiy d!ecls cg"d herself Of AL obligations in the
premises towarIi tac lnitr, 4to;cs. To conrede
what this bill assumes, would DO toinipilc undc:sr1sd
reproach both to France mud tu the United Statrs.
RIM Of course aware that the bill proposes only Ia
provide iul.:srifcation Tor such valid claims of ciii.
Srus Of tbs United Ssstca a~nirst France n shall not
have been Stipulated for md embraced :, any OF thu
treatic4 enumerated. But in c~xcludirg I'LL such
{ cia.l.lz, !. eycl;lcs al i'll tnct for wli"! during the
negotiations ..,...e %o.ld be persuaded 10 agree that
she was in any wire iihLlo i. ,H2 ,,rr"G STATES or our
citizens. What remains! And COR Blti % we nil
i;ola appropriated : In view of what has be6ii sa!d,
there would seem 20 bo no ground on which 10 raise a
liability of the United Statgs, unless II be the ~.
sumption that the United States are TO be considered
lie insurers and the guurnntor of all CLAIMS "'
Whatever mature, %kinl ar individual citizen mny
have against 4 foreign nation.
FRANKLIN FIERCE.
Ion, February Il, 1850.