Eastern times. [volume] (Bath, Me.) 1846-1857, 1855-03-01

the Sth fendemalre, an. y, (3Oth September
lS0O.) relative TO the rights claimed by the
United States in virtue Of the treaty concluded
at Madrid. the 9th Of October. 1895. between
his Catholic Majesty and the said United States
and willing to strengthen the union and friend
ship which at the time Of the said convention
was happily re-cstablished between the two ma
tions. have respectively named their plenipo-
tentiaries,' who have agreed to the following
articles
Here Is the distinct and categorical declara-
ton OF the two governments, that the matters
OF ciaim1n the second article of the convention
OF 1900. had not been ceded away relinqnished
or set of, but they were still subsisting subjects
OF demand against France. The same declara-
tiqn appears III equally emphatic language in
the third OF these treaties. bearing the same
date-the preamble of which recites that
Ihe President of the United States of
America and the First Consul of the French
republic in The name of the French people.
having by treaty of this date terminated All
difficulties relative to Louisiana, and cstab
hshed on solid foundation the friendshin
which sBltes the two nations, and being de-
sirous, in compliance with the second and fifth
articles of the convention of the eighth vende
maire, ninth year of the French republic. (3g
September. lS0O.) to secure the payment of
the sums due by France to the citizens of the
United States and have appointed plenipoter-
tiarles. who agreed TO the following among
other articles
ART. |. The debts due by France to citi-
zens OF the United States contracted before the
Sth of Vendemaire. ninth wear of the French
republic $50 September, 1900 )shall be paid nc.
cording to the following regulations, with in
terest at six per cent. to COMMENCE from the
periods when the accounts and vouchers were
presented TO the French government
A4f. H. The debts provided for by the
preceding article are those whose result is
comprised in the conjectural note (a) annexed
to the present convention. and which. with the
interest. cannot exceed the sum of twenty mill
lions of francs. The claims compromised in
the said note which fall within the exceptions
Of the following articles shall not be admitted
to the benefit of this provision.
ART. ~. 1t is expressly agreed that the
preceding articles shall comprehend no debts
but such as are due to citizens of the United
States, who have been are yet creditors of
France for supplies for embargoes, and prizes
made at sea. in which the appeal has been
properly lodged within the time mentioned in
the said convention, Sth Vendemaire, ninth
year, go September. Is0O)
ART. V. The preceding articles shall ap-
ply only-lst. to captures of which the coun-
Gil of prizes shall have ordered restitution, it
being well understood that the claimants cam
not have recourse to the United States, other
wise that he might have had to the government
of the French republic, and only in case Of in
sufiiciency of the captors ID. the debts men
toned in the said fifth article of the convention
contracted before the Sth Yendemarc. an. o.
$50 September, 1900 the payment of which
has been heretofore claimed of the actual gov
ernment of France. and for which the creditors
have a right to the protection of the United
States the said Fifth article does not compre-
hend prizes whose condemnation has been or
shall be confirmed. 1t is the express intention
of the contracting parties not to extend the
benefit of the present convention to reclama-
tions of American citizens who shall have es-
tahlished houses of commerce in France, Eng
land, or other countries than the United States,
in partnership with foreigners, and who by
that reason, on the nature Of their commerce
ought to be regarded as domiciliated in the
places where such houses exist. All agree
ments and bargains concerning merchandise,
which shall not be the property of American
citizens. are equally excepted from the benefit
of the said convention, saving however. to such
persons their claims in like manner as if this
treaty had not been made.
ART. XII. In case of claims for debts con
tracted by the government of France with cit
izens Of the United States since the Sth Vende-
maire, ninth year go September lS00l not be-
ing comprised IN thIs coii seU.,u", ---.- - ,.,y
sued, and the payment demanded in the same
manner as if it had not been made
Other articles of the treaty provide for the
appointment Of agents to liquldate the claims
intended to be secured, and for the payment oi
them, as allowed. at the treasury of the United
States. The following is the concluding clause
of the tenth ARTICLE.
The rejection of any claim shall have No
other effect than to exempt the United States
from the payment of it. the French government
reserying to itself the right to decide definitely
on such claim SO far as it concerns itself
Nov. from the provisions of the treaties thus
collated, the following deductions undeniably
follow, namely:
First. Neither the second article of the con.
vention Of 1900, as it originally stood, nor the
retrenphment of that article nor the prnviso in
the ratification by the first consul. nor the ac-
tion Of the Senate of the United States thore-
on. was regarded BY either France or the Uni.
ted States, as the announcement of any claims
of American citizens against France.
Second. On the contrary, in the treaties OF
1903 the two governments took up the Ques-
ton precisely where it was left on The day oi
the signature of that 1900, without suggestion
on the part of France. that the Claims of oul
citizens were excluded by the retrenchment Of
the second article or the note of the First Con.
sui, and proceeded 10 make ample provision
for such as France could be induced TO admit
were justly due. and they were accordingly
discharged in full. with interest, by the United
States in the stead and behalf of France
Third. The United States, not having ad
mitted in the convention of 1900 shat they
were under any obligations to France by reason
of the abrogation Of the treaties of l1TS and
1888, preserved in this view of the question by
the tenor of the treaties of 1903, and therefore
had no such national obligation to discharge
and did cot, either in purpose or in fact at any
time undertake to discharge themselves from
any such obligation at the expense and with
the property of individual citizens ef the Uni
ted States.
Fourth BY the treaties of 1903, the United
States obtained from France the acknowledge
ment and payment, as part o! the indemnity
for the cession of Louisiana, claims Of citizen:
of the United States for spohations SO far a:
France would admit her liability in the prem.
ises but even then the United States did no
relinquish any claim of American citizens moi
provided for by those treaties so far from il
to the honor cf France be it remembered, she
expressly reserved to herself the right to recon
slider any rejected claims of citizens Of the Uni
ted States.
Fifth, As to claims of citizens of the United
States against France, which had been the sub
ject of controversy between two countries prior
to the signature of The eonyontion of 1900, and
the further consideration of which was reserved
for more convenient time by the second arti-
Gle of that convention for these claims, and
l In N