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, as thus ratified by the First Consul, having been again
submitted to the Senate of the United States, that body resolved that
"they considered the convention as fully ratified," and returned the
same to the President for promulgation, and it was accordingly
promulgated in the usual form by President Jefferson.
Now it is clear that in simply resolving that "they considered the
convention as fully ratified" the Senate did in fact abstain from any
express declaration of dissent or assent to the construction put by the
First Consul on the retrenchment of the second article. If any inference
beyond this can be drawn from their resolution, it is that they regarded
the proviso annexed by the First Consul to his declaration of acceptance
as foreign to the subject, as nugatory, or as without consequence or
effect. Notwithstanding this proviso, they considered the ratification
as full. If the new proviso made any change in the previous import of
the convention, then it was not full; and in considering it a full
ratification they in substance deny that the proviso did in any respect
change the tenor of the convention.
By the second article, as it originally stood, neither Republic had
relinquished its existing rights or pretensions, either as to other
previous treaties or the indemnities mutually due or claimed, but
only deferred the consideration of them to a convenient time. By the
amendment of the Senate of the United States that convenient time,
instead of being left indefinite, was fixed at eight years; but no
right or pretension of either party was surrendered or abandoned.
If the Senate erred in assuming that the proviso added by the First
Consul did not affect the question, then the transaction would amount
to nothing more than to have raised a new question, to be disposed of
on resuming the negotiations, namely, the question whether the proviso
of the First Consul did or not modify or impair the effect of the
convention as it had been ratified by the Senate.
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