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

individuals to escape from public obligations. and
then To have withheld from them Just compensation
|, lns been gratifying to me, III tracing the history Vi
tllcsc claims, to find that ample evidence exists 10 re-
flute an accusation which would imprnrll the purity
the Justice, and the magnanimity of the illn'irl"ii>
men who guided and controlled the early destlliles Of
the republic. 49,.
pass from this review Of the history of the subject,
and, emitting many substantial objections 10 mr.
claims, proceed TO examine somewhat more closely
the only grounds upon which they can BY possibility
be maintained.
Before entering on this, ii may be proper to state
distinctly certain propositions Which, It IL alliiilteu on
all hands arc essential to prove the obligations "i Inc
government. ~
. First. That Mt the date Of the treaty Of September
30, $500. these claims were valid and subslstIng rs
against France.
Second. That they were released or extingulshed
bv tic United States i'll that treaty, and by the ihah'
ner Of its ratification.
Third. That thew were so released or cxtinguisled
for n consideration valuable to the government, but
in which the claimants had no more interest than any
other citizens. -.
The convention between the French republic and
the United States Of America, signed at Paris OIL the
3Oth day of September, 1900, purports in the pr"am'
be TO be founded on the equal desire of tie First Con-
sui, Napoleon Bonapnrtel and the President OF inc
United States, to terminate the differences which have
arisen between the two States. 1t declares, in tho
first place, thnt there shall be firm, invioluble, and
universal peace, and q true and sincere friendship, be-
tween the French republic aud the United States
Next il proceeds, in the second, third, fourth and fifth
articles, to make provision in sundry respects, having
reference to past differences and the transition from
the statc of war, between the two countries TO that OF
general and permanent peace. Finally, in the resi-
duo of the twenty-scvcnth article, it stipulates anew
the conditions of umity and intercourse, commerclaI
and political, thereafter to exist, and, of course, to bt
substituted in place OF the previous conditions Of the
treaties of alliance and Of and the consular
convention, which nro thus taciily, but uncquivocally
recognized ns no longer in force, but III effect abroga'
ted, either by the state OF war, or BY the political ac'
ton of the two republics.
Except in so far as the whole convention goes to
establish the fact that tho previous treaties were adj
mitted on both sides to be at an end, none OF the ar
| ticlcs are directly material to the present question
savctfc following:
ART. ii. 1.-The ministers plcnipotent;nry Of the
two parties not being able to agree at present re-
specting the treaty of alliance of 9th February, lTS
the treaty Of ainity and commerce at the same date
and the convention of the lith of November, lISS
nor upon the indcmniiicS mutually due or claimed
the parties will negotiate further Oh tl!csc subjects al
a convenient time; and until they may have agreed
upon these points, the said treaties md conventions
shall have no operation, and the relations OF the two
countries shall be regulated as follows:
ART. V. "Thc debts contracted by one Of the two
nations with individuals of the other, ur by the indi.
vidunls Of one with the individuals Of the other shnl
be paid, or the payment inay BE- prosecuted in the
same manner az If there hud been 10 misunderstood,
ing between the two States. But THE clause shall
not extend to inierHnities claimed Gu account ofcap,
lures or coufsca,ionE."
On this convention being submitted to the Senate
Of the United States, they CONSENTED and advised t.
it. ratification with the following proviso:
"Providcd that the second articls be expunged, and
tia: the following article be udded Or inserted 1t il
agreed that the present convention shall he in force
for the term OF eight years from the time of the cx'
change of notifications"
The spirit mud purpose OF this change are apparent
md upri,slRi G5l.. The convention, rs signed by the
respective plcDipotcn,ia.ics, did not adjust all the
points of controversy. Eoth IatlG.!s however, de-
sired the restoration Of peace. accordingly, e. tc
those matters, in the relations OF tho two countrlcf
concerning which they could agree, they did agree
for the time bcing, and Us 10 the rest concerning
which they could not agree, they suspended and post
poned further negotiations.
They abandoned no pretcnoions, they rei!naEisied
no right Oh either side, but simply adjourned the Gues
ton until "n convenient time Meanwhile, and unit
the arrival Of such CONVENIENT time, the relations OF
the two countries were Ia be regulated by the stipula'
tions of the convention.
OF course, the convention was on Its face a tempo:
rary and provisional one, but in the worst possible
form Of prospective termination. Ii was to cease AT q
convenient time. But how should that convenient
time be ascertaincdl 1t is plain that such a stipuia,
.s2a. while professedly not dispensing of the present
cortrorc.si, had within itself the germ OF II fresh
one; for the two ga eT.nsnt might at any lnomcn'
fall into dispute on the Question Thethtr tha' conEe'
nient time had or had mol arrived. i,'s srinF OF inc
United States anticipated and prevented this ':-e,'
ton by the only possible erpodient-that is, thr de'
s~ip.a::.r Of a precise date. This being done. the re-
mGiriug paft. :; he second article became supcrhl
ous md useless; for, t., a.. TIE nrovi'ioha OF inc con-
vention would expire III clsh. yeGis. = would hcGcn'
snrly follow that negotiations must DC rehert. "L''lN
that I.rioG: more especially rs tle operation Oi ti'
amendment ~i.;.ll, covered the whole convention wa
TINT even The stipulation - peace IN the hrst article
became temporary and expired "a f:r9t years, "neFe.
a.. - .u,..I ,,9 tlugo r,;1n nlppe NypA rc"s> lsul
acc":a,.s l. the original tenor Of The convention.
The cumvcut;.,., ,h.a amended beng submitted u
the First Consul, WAS r.tIic2 ~ him, accompanying
bis act OF acceptance by the foi,GW.r. c@.claratory
nutc:
The government Of the United Stntes having add
I'd in its ratification that Tie convention should be IL
force for the space of eight ycnr,. and having omitted
az second article, the government of the trcrrl re-
p%h.ic ~Go-.c:ts to accept, ratity, and confirm II,
above Convection, ~..I. tho addition importing thu
the convention slIGl; be IL furcs H.. the space OF eight
years, and with tile rctrencfmeIt o: tie srGa.,G nrt!
&c Provided, Tint by this retrchciiinent TIE t~t
States reI.oT ns. The respective pretensions which hrt
the object Uf TIE sr.e l-I~,e,"
The conventions, rs thIs ratified % lie FIRST Consul
having ,.esn again submitted TO the Sci!h>c q no I
States, that body yesOlycd that they c3naIderet tnt
convention rs fully ratihed," md returned The sani[
10 the President for PRONUNCIATION, aud :. "hs hccCrI'
ingly promulgated III the uslal forln by frcniueiit 1ei
f.rson.
Nos, il, ia clear, that in simply resolving that "they
considered the Gcgyc!tion MS fully ratilird, the oon
ate did in fact abstain troll; .nY .rpressd declaration o
dissent or assent 10 the cGnstraGt!0' p! ~ - rrs
Consul on the rctrrnchment Of tho second artlcics !
any Inference, beyond this, can be drawn from then
resolution, il If, that they regarded the provlso annex
ed be- tie Firg; Consul 10 his declaration "t accept
ancc H. foreign IL tbs siiHjact; us nugatofy' or a. win
out consequence or eject. GutH ,tiis'ei'fln% TINS pro
viso, they considered tho ratification Is ill:. tN'
new proviso Inade any changer i'll the previous iHPoI
of tho convention, then il was not tuil. Ana IN con
sidrring it q full ratification they in substance den!
that the proviSo did in any respect change the tciior" o
the convention. >,
BY the second article, ss il originally stood. neither
rop,lbGc had relnQuishcd its existing rights or pre-
tensions either GR 10 other previous treaties, or !h'
iudcnnitics mutually due or claimed, but only deler
red the consideration Of them To IL convenient 'inc
BY the amendment Of the Sonatc OF ths Ch!tec
States, that convenient time, instead OF Delh- if,t III
del; liis, was fixed at eight years; but no right o
pretcnsioI u either party wns surrendered OF aoah
doned.
II the Senate erred ID asslh-i-s hat the proyiS'
added by the First Consul did not affect iiie 1Eas'lon
then the transaction would amount 10 nothing NOR
than to hive raised II new question TO be disposed D
on rrsuu.;GG the n"gn.iations-nameiy, The question
whether the lno,L~, # the First Consul did or no
modify or impnir tue c1ec, :: ne convention Us l
bud been ratified by the Selate.
! That such, and such only was the true iner'''hl
and ci;cct Of the TRANSACTIONS, that II was not, ana Wh
not intended ~ he, 4 REIMBURSEMENT by the Unite!
States OF any existing clG!yI on Franco, and cspcciai
" that il was not IN tbandonricB: 81 any Claims o
Individual citizens, nor the set otI Of those nSains
any cauccled national obligations to France, L
shown by tic iact that President jefferson did II
once resume and prosccuta TO successful CONCLUSION
negotiations, TO obtain from France lndemnliicatioi
for the claims of citizens OF the Cntca States exist
ins at the date Of that convention; for oil the 3Oth o
April, 1863, three treaties were concluded at fnrL
between the United States OF America und the Frcncl
republic, one OF which embraced the cesSion OF Lou
miliions u! (. alues by the United States TO France
aud n third provided, tia; fer tie satisfaction Of sum
due by France TO ci.izeIsofthe EGithd States at the con
clusiou of the convention OF September so, $500. ant
ticlc, thereof, u further sum Of twenty millions o
francs should be appropriated and paid blythe Unite,
Suites. In the preamble to the first of these treaties
which ceded Louisiana, it is set forth that
.'The President of The United States Of Americ'