A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The convention between the French Republic and the United States of
America signed at Paris on the 30th day of September, 1800, purports
in the preamble to be founded on the equal desire of the First Consul
(Napoleon Bonaparte) and the President of the United States to terminate
the differences which have arisen between the two States. It declares,
in the first place, that there shall be firm, inviolable, and universal
peace and a true and sincere friendship between the French Republic and
the United States. Next it 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 state of war between the
two countries to that of general and permanent peace. Finally, in the
residue of the twenty-seventh article, it stipulates anew the conditions
of amity and intercourse, commercial and political, thereafter to exist,
and, of course, to be substituted in place of the previous conditions of
the treaties of alliance and of commerce and the consular convention,
which are thus tacitly but unequivocally recognized as no longer in
force, but in effect abrogated, either by the state of war or by the
political action of the two Republics.
Except in so far as the whole convention goes to establish the fact that
the previous treaties were admitted on both sides to be at an end, none
of the articles are directly material to the present question save the
following:
ART. II. The ministers plenipotentiary of the two parties not being able
to agree at present respecting the treaty of alliance of 6th February,
1778, the treaty of amity and commerce of the same date, and the
convention of 14th of November, 1788, nor upon the indemnities mutually
due or claimed, the parties will negotiate further on these subjects at
a convenient time; and until they may have agreed upon these points the
said treaties and convention shall have no operation, 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 individuals of the
other, shall be paid, or the payment may be prosecuted, in the same
manner as if there had been no misunderstanding between the two States.
But this clause shall not extend to indemnities claimed on account of
captures or confiscations.
On this convention being submitted to the Senate of the United States,
they consented and advised to its ratification with the following
proviso:
_Provided_, That the second article be expunged, and that the following
article be added or inserted: It is agreed that the present convention
shall be in force for the term of eight years from the time of the
exchange of ratifications.
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