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


would have been disturbed II they had coatnued \
war with each other he proceeds TO say
BUt cessation Of irregularities which had afflicted ,hs
commerce " neutral nations and OF the irrtaOns and IN.
ure produced by them cannot but add 20 this eonadsaoe
aud strengthen az the time the hope that wrong,
committed unofsnding friends under pressure o. sr
eulnstanocs viii be reviewed with randor and viii
be considered founding Just claims o. rcrib1uoa of a.
past and for the future
The Eeal and diligence with which the claims OF our u
Gems against France prosecuted appear ia The d
matte correspondence Of the three years next sneer
the convention Of 1900 and the effect Of these eGore
made manifest IN the convention Of lSo2, Ia whic
provision made for payment Of class of cases ~
consideration 81 which France bad all previous period
refused 10 entertain, and which Of that very en
which il has been assumed released by s,rs
out the second article Of the convention Of lso0 Tabk
shown by reference the preamble and 10 the fourth AZ
9Th articles Of the convention Of 1903 by which were N
mtted among the debts due by France 70 citizens of a.
United states the amounts ehargesbe for prizes made
sea in which the appeal has been properly lodged within
the time mentioned in the said eonyentioR Sshe a0h
September 1900 and this class further defined 70
ony captures Of which the council OF prizes shall hae
ordered restitution il being well understood that the ea
ant cannot have 90 the United States oherWs
than he might have had the French repahio and oph
10 case OF The nsufisciency Of the captors.
IT. as was affirmed on all hands the convention o lSa
was intended close all questions between the goye
ments OF France and the United States and twenty mil
lions OF francs set apart which might a.
coed bur could not f short OF the debts due by fran
10 the citizens of the United States how ae We 10 r,o
ce the claim presented with the estimates made N
those who were OF the time and Immediately connee
with the events and whose intelligence and integrity have
10 no small degree contributed the character aud pros
perty the country in which live Is IL rational 10
assume that the claimants, who present themselsss a.
indemnity by the United States represent debts whrA
would have been admitted and paid by Frnce but m
intervention Of the United States And is il possible IA
escape from The effect OF the vonminous evidence lending
to establish the fact that France resisted all these claims
that IL only after long aud skial negotiation ha
the agents of the United States obtained the recognioa
of such Of the claims were provided for IN the
4 tons Of 1900 and 1903 Aud is not this conclusive
against pretensions of possible the part Of
the claimants If efl unaided make their applications
France that the only debts due TO American citizens
which have been paid by France those which were @
sumed by the United States part OF the consideration
4 the purchase of Louisiana
There is little which is creditabe either to the udgm
patriotism Of those OF our ellowcitizens who h
day arragn the Justice the fidelity love OF country
the who founded the republic in representing them
having barsered away the property Of individuals ae
from public obligations and then to have withheld Uu
them just compensation II has been gratifying TO me
tracing the history OF these claims. 10 ind that ample
dence exists retnte accusation which would mpaa
the purity the justice and the agnan unity Of the ius
y Gus who guided and controlled the early desni1
Il the republic.
pass from this review of the history OF the subject
and emitting many substantial objections these claims
proceed examine somcwha closely the onh
grounds upon which they can by possibility be man
Il tanned,
\ Before entering on this Il may be proper to state ds
timely certain propositions which, il Is admitted al
hands essential 10 prove the obligations OF the govern
ment
First That at the date of the treaty of September %
1900 these claims valid and suhsisting against
France.
Second That they were released or exngushed BY the
n United States in that treaty and by the of its m
icaton
Third That they released or eStngnshed for a
consideration valuable to the government but in whi
the claimants had interest than any other citn
Il The convention between the French republic and the
United States OF America signed Mt Paris the 3o day
Of September, 1900 purports in the preamble be found
ed the equal desire Of the First Consul Napoleon Boz
napare) and the President of the United States
nate the differences which have arisen between the
States IL declares in the first place that there shall be
firm nsolable aud universal peace and and sincere
friendship between the French republic and the United
States Next ii proceeds in the second third fourth and
fifth articles to make provision IN sundry respects having
reference TO past differences and the transition from h
of between the two countries 10 that OF genera
and permanent peace Finally in the residue of twenty
seventh article u stpulates anew the conditions Of am
and intercourse, commercial and political thereafter
exist and of course be substituted ia place Of the pre-
vious conditions of the treaties Of alliance aud of commerce
and the consular convention, which thus facility b..
unequiyoeally recognised ~ no longer in force but in n
feet ahronaed either by the state OF war; by the po
7 cal action OF tho two republics.
Except in 50 far as the whole convention goes TO ea
sh the fact that the previous treaties admitted on
both sides TO be al end of the articles directly
material to the present question: the following
Arr H. 'The ministers plcnipotcnnry OF the par
ties not being able agree present respecting The treaty
Of alliance 9th February lTTs the treaty Of amty and
commerce OF the same date and the convention OF the IAN
November, 1913, upon the ndemnties mutually du'
claimed the parties will negotiate further these sub
ects at convenient time and until they may have agrc
upon these points the said treaties and convention shall
have operation and the relations OF the two couuir
\ shall be regulated follows:
ART " "The debts contracted by one OF the two nations
with individuals Of the other by the individuals OF
with the individuals Of the other shall be paid the pay
nent may be prosecuted in the II there bad
been misunderstanding between the two States Bal
this clause shall not extend to ndemntics claimed
/ count of captures confiscationap
On this convention being submitted the Senate Of hr
United States they consented and advised to its rahfs
\ ton with the following proviso:
Provided that the second article be cxpunge and thai
the following article be added inserted II Is agreed that
the present convention shall be in force for the
eight years from the time OF the exchange Of raihe
\ tons
The spirit and purpose OF this change are apparent and
4 unmistakabe. The convention, signed by the respec
tive plenipoentarcs did not adjust all the points Of
troversy Both nations however desired the restoration
OF Accordingly 10 those matters in the relations
OF the two countries concerning which they could agree
they did agree for the time being and as 10 the rest
corning which they could agree they suspended and
/ postponed further negotiation.
They abandoned no pretensons, they reinquished no
right on either side but simply adjourned the question un
al "a convenient time Meanwhile and until the arrival
of such convenient time the relations OF the two conn4
were to be regulated BY the spulaons OF the convention
Il " course the convention its face Temporary
I and provisional one, but in the possible form q
prospective termination II mas 70 at conyeniea,
ue But how should that convenient time be ascertaipa
y is plain that such stipulation while professedy aol
dspospg OF the present controversy had within itself lhr
germ OF fresh one for the governments might Al
any moment iail into dispute the question whether a
convenient time had had not arrived The Senate d
the United States anticipated and prevented this question
by the only possible expcdentthat ia the designation q
precise date This being done the remaining paris o