The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-02-18

he new prosiso made ans change IN Tho previous import
AZ the convention thea IL not full And In consider
lng II fun ratification they in substance deny that the
provso did in any respect change the tenor Of the
yenton
By the second article as il originally stood neither
public had rtlinqushed its existing rights pretensOns
either other previous treaties the indemntes
tuAy due claimed but only deferred the consideration
az them convenient TIME BY the amendment Of the
Senate OF the united States that convenient time instead
Of being le indefinite fixed at eight years but
right Petension Of either party was surrendered or
abandoned.
the senate erred IN assuming that the proyso added
Nv the First Consul did affect the question: then the
transaction would amount nothing than 10 have
raised question be disposed of resuming the
the question whether the proFiso Of
the First Consul did or not modify or impair the elect 81
the convention IL bad been ratified by the Senate
That such, and such only the true meaning and e.
feet Of the transaction that il was not and was not in
tended be- REIMBURSEMENT by the United States Of
existing France and especially that IL not
Aban fnent Of any claims OF individual citizens the
set off Of these against any conceded national obligations
France Is shown by the fact that President Jefferson did al
once and prosecute 10 successful conclusion
goatiops 10 obtain from France indemnihcation for
The claims OF citizens OF the United States existing at the
date Of that convention for the 30th of April 1903,
three treaties concluded Paris between the United
States Of America and the French republic Of which
embraced the ceson OF Louisiana another stipulated Tor
the pay men of sixty millions OF francs by the United
States TO France and third provided that for the salts
faction Of due by France to citizens OF the United
States at the conclusion Of the convention Of September
fifth articles thereof further OF twenty millions OF
francs should be appropriated and paid by the United
States In the preamble 10 the first OF these treaties which
eedcd Louisiana IL is set forth that
The President OF the United States of America and The
First Consul Of the French republic in the name OF the
French people desiring to all source OF msnnder-
standing relative objects of discussion mentioned IN the
and fifth articles Of the convention Of the 9Th Nen-
dcmarc an O. t30th September, 1902 relative 10 the
rights claimed by the United States in virtue OF the treaty
concluded at Madrid the 27h of October 1895, between
his Catholic Majesty and the said United States and will
ing strengthen the union and friendship which AT The
time of the said convention happily reestabshed be-
the two nations have respectively named their pen-
potentiare who shave agreed 10 the following articles
Here ID the most distinct and categorical declaration OF
the two governments that the matters OF claim in the
ond article Of the convention of 1900 had not been coded
away, rcnqnshed set off but they still subsisting
subjects Of demand against France The declaration
appears equally emphatic language in the third Of these
treaties bearing The daiehe preamble OF which
cites that
The President Of the United States Of America and the
First Consul Of the French republic in the of the
French people having BY treaty Of this date terminated
al difficulties relative Louisiana and established
solid foundation the friendship which untes the two ma
tons and being DESTROYS compliance with the second
fifth articles of the convention Of the eighth Nsndemar
ninth year Of the French republic $50 September 1907
10 the Of the due by France TO the ct
Of the United States and have appointed plenlpo-
enaries who agreed TO the following among other art
cles
AARr l. The debts due by France citizens Of the Uni
ted States contracted before the sh of Vendemare, ninth
year Of the French republic 80 September 1900 shall be
paid according to the following regulations with interest
six per cent from the periods when the
and vouchers presented to the French govern
ART H. The debts provided for by the preceding arti
Gle those whose result is comprised in the conjectura
note a) annexed 10 the present convention, and Wte
with the interest exceed the OF twenty millions
Of francs The claims comprised in the said note which
fall within the exceptions Of the following articles shall not
be admitted to the benefit Of this provision
ART w ST is expressly agreed that the preceding art
ces shall comprehend debts but such due cit
Of the United States who have been and yet cred
ors OF France for supplies Tor embagoe and prizes made
in which the appeal has been properly lodged within
the time mentioned in the said convention, 9Th Vende
MARE ninth year, 30 September, lS0o)
ART V. The preceding articles shall apply only--lst
captures Of which the council Of prizes shall have order
cd restitution IL being well understood that the claimant
cannot have to the United States otherwise than
he might have had TO the of the French repub
lie and only in of nsucency OF the capors 3D. the
debts mentioned in the said fifth article OF the convention
contracted before the sih Vcndemaire, D 80 Sepem
Der 1907 the payment of which has been heretofore
claimed Of the actual government of France and for which
the creditors have right the protection Of the United
States the said finn article does not comprehend prizes
whose condemnation has been shall be confirmed 1t is
the express intention of the contracting parties not to
tend the benefit of the present convention TO reamatons
Of American citizens who shall have established houses Of
France England other countries than the
United States partnership with foreigners and who by
that reason the nature OF their commerce. ought to be
regarded domcated in the places where such houses
exist All agreements and bargains concerning merchan
disc which sha not be the property OF American citizens
equally excepted from the benefit Of the said
ton saving however TO such persons their claims in like
manner as if this treaty had not been made.
ART XIl In of claims for debts contracted by the
government of France with citizens OF the United States
since the sth Vend6maire ninth year, $50 September,
1901 not being comprised in this convention may be pu
sued and the payment demanded in the If
il had not been made
Other articles OF the treaty provide for the appointment
Of agents qudate the claims intended 10 be secured
and for the of them allowed the treasury
Of the United States. The following is the concluding
clause Of the tenth article:
The rejection of any claim shall have other effect
than to exempt the United States from the payment Of II
the French reserying TO itself the right 10 de-
eide definitely such claim far il itsef'
Now from the provisions Of the treaties thus collaed
the following deductions nndenaby follow, namely
First Neither the second article OF the convention of
1900 it originally stood the retrenchmcnt OF that
sui the action of the Senate Of the United States there
on regarded by either France the United States
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 question precisely where II
et the day Of the signature of that Of 1900 without
suggestion the part OF France, that the claims of
citizens excluded by the etrenchment Of the second
article the note OF the First Consul and proceeded 10
make ample provision for such France could be induced
10 admit ustly due and they accordingly dis
charged in full with interest by the United States in the
stead and behalf Of France
Third The United States not having admitted in the
convention of 1900 that they under any obligations
Y France by Of the abroQation of the treaties Of
1913 and 1888 persevered in this view Of the question by
the tenor Of the treaties Of 1904 and therefore had such
NATIONAL obligation 10 discharge and did not either in
purpose or In fact At any time undertake 10 discharge
themselves from any such obligation the expense and