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 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 concerning which they could agree, they did agree
for the time being; and as to the rest, concerning which they could not
agree, they suspended and postponed further negotiation.
They abandoned no pretensions, they relinquished no right on either
side, but simply adjourned the question until "a convenient time."
Meanwhile, and until the arrival of such convenient time, the relations
of the two countries 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. It was
to cease at a convenient time. But how should that convenient time be
ascertained? It is plain that such a stipulation, while professedly not
disposing of the present controversy, had within itself the germ of a
fresh one, for the two Governments might at any moment fall into dispute
on the question whether that convenient time had or had not arrived.
The Senate of the United States anticipated and prevented this question
by the only possible expedient; that is, the designation of a precise
date. This being done, the remaining parts of the second article became
superfluous and useless, for as all the provisions of the convention
would expire in eight years, it would necessarily follow that
negotiations must be renewed within that period, more especially as the
operation of the amendment 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 original tenor of the convention.
The convention thus amended, being submitted to the First Consul, was
ratified by him, his act of acceptance being accompanied with the
following declaratory note:
The Government of the United States having added in its ratification
that the convention should be in force for the space of eight years, and
having omitted the second article, the Government of the French Republic
consents to accept, ratify, and confirm the above convention with the
addition importing that the convention shall be in force for the space
of eight years and with the retrenchment of the second article:
_Provided_, That by this retrenchment the two States renounce the
respective pretensions which are the object of the said article.
Public-domain text, read in full here on John Shaqi.
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