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

treaties were admitted on both sides TO be at
an end, none of the articles are directly materi-
al 10 the present question, save the following !:
ART. III. The ministers plenipoten.iary
of the two parties not being able to agree at
present respecting the treaty of alliance of the
9th February, l77S, the treaty Of amity and
commerce of the same date, and the conven-
tion of the l4th November, 1888, nor upon
the indemnities mutually due or claimed, the
parties will negotiate further on these sub
jects at convenient time and until they may
have agreed upon these points, the said
treaties and convention shall have no opera
ton, and the relations of the two countries
shall be regulated as follows:
ART. v. The debts contracted by one of
the two nations with individuals of the other,
or by the individuals of one with the individ-
uals of the other, shall be paid, or the pay
meut may be prosecuted in the same manner
as if there had been no misunderstanding be-
tween the two States But the clause shall
not extend to indemnities claimed on account
of captures or confscations.'
On this convention being submitted to the
Senate of the United States, they consented
and advised'to its ratification with the follow
ing proviso:
Provided that the second article be ex-
plunged, and that the following article be add
ed or inserted: 1t is agreed that the present
convention shall be in force for the term OF
eight years from the time of the exchange of
ratlhcatiOns.'
The spirit and purpose of this change are
apparent and unmistakable. The convention,
as signed by the respective plenipotentiaries,
did not adjust all the points of controversy
Both nations, however, desired the restoration
of peace. Accordingly, as to those matters,
IN the relations of the two countries concern
ing which they could agree, they did agree
for the time being and as 10 the rest, con-
cerning which they could not agree, they sus-
pended and postponed further negotiation.
They abandoned no prelensions, they relin-
qulshed no right on either side, but simply I'd
journed the question until a convenient time.
Meanwhile, and until the arrival of such con-
venient time, the relations of the two coun-
tries were TO be regulated by the stipulations
of the convention.
OF course, the convention was on its face a
temporary and provisional one, but in the
worst possible form of prospective termination.
1t was 10 cease at convenient time. But
how should that convenient time be ascertainedl
1t is plain that such stipulation, while pro-
fessedly not disposing Of the present contro-
versy, had within itself the germ OF fresh
one; for the two governments might at any
moment fall into dispute on the question
whether thai convenient time had or had not
arrived. The Senate OF the United States an
ticipated and prevented this question by the
only possible expedient-that is, the designa-
tion OF precise date This being done, the
remaining parts OF the second article became
superfuous and useless; for, as all the provi-
sions Of the convention would expire in eight
years, it would necessarily follow that negoti-
ations must be renewed within that period (;
more especially as the operation of the amend
ment which covered the whole convention was
that even the stipulation of peace in the first
article became temporary and expired in eight
years, whereas that article, and that article
alone was permanent according TO the origi-
nal tenor of the convention.
The convention thus amended being sub
mitted to the First Consul, was ratified by
him, accompanying his act of acceptance by
the following declaratory note
The government Of the United States hav.
ing added to its ratification that .he convention
should be in force for the space of eight years
and having omitted the second article, the gov.
eminent of the French republic consents to ac.
with the addition importing that the cpnven-
uon snail be IN torce Tor the space OF elSh'
years, and with the retrenchment of the second
article: Provided that by this retrenchmen
the two States renounce the respective preten,
sions which are the object of the said article.
The convention, as thus ratified by the FRS
Consul, having been again submitted to lhf
Senate of the United States, that body resolved
that they considered the convention as fully
ratified and returned the same to the Presi-
dent for promYtgation. and it was accordingl
promulgated iaPthe usual form by President
Jefferson.
Now, it is clear. that in simply resolving that
they considered the convention asfully ratified,
the Senate did in fact abstain from any express
declaration of dissent or assent to the construc.
ton put by the First Consul on the retrench
ment of the second article. If any reference
beyond this, can be traced from their resolu
ton, 1t is, that they regarded the proviso an
nexed by the First Consul to his declaration o
acceptance as foreign to the subject, as nuga
tory, or as without consequence or effect
Notwithstanding this proviso, they considered
the ratification as full. If the new provist
made any change in the previous import of thu
Convention, then it was not full. And in con
sidering it full ratification they in substanct
deay that the proviso did in any respect chang
the tenor of the convention.
BY the second article ss it originally stood
neither republic had relinquished its existin.
rights or pretensions either as to other previous
treaties, or the indemnities mutually due O.
claimed, but only deferred the consideration o
them to a convenient time. By the amendmen
of the Senate Of the United States, that con
venient time, instead of being left indefinite
was fixed at eight years; but no right or pre-
tension of either party was surrendered or aban
doned.
If the Senate erred in assuming that the pro
viso added by the First Consul did not affec
the question, then the transaction woulC
amount to nothing more than to have raised
new question to be disposed of on resumin!
the negotiations namely, the question wheth
er the rroviso of the First Consul did or no
modify or impair The effect of the convention
as it had been ratified by the Senate.
That such, and such only, was the true mean
ing and effect of the transaction, that it wa
not. and was not tintended to be, relinquish
ment by the United States of any existin,
claims on France. and especially that it wa
not an abandonment of any claims of indiviju
al citizens nor the set off of these any conceded
national obligation to France, is shown by thu
fact that President Jefferson did at once re
sumo and prosecuted to successful CONCLUSION
negotiations to obtain from France indemnif
cation for the claims of citizens OF the Unitet
States existing at the date of that convention
for on the 3Oth of April. 1903, three treatie
were concluded at Paris between the United
| States of America and the French republic, on
of which embraced the cession of Louisiana
another stipulated for the payment of sixty mil