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
Second. On the contrary, in the treaties of 1803 the two Governments
took up the question precisely where it was left on the day of the
signature of that of 1800, without suggestion on the part of France that
the claims of our citizens were excluded by the retrenchment of the
second article or the note of the First Consul, and proceeded to make
ample provision for such as France could be induced to admit were justly
due, and they were accordingly discharged in full, with interest, by the
United States in the stead and behalf of France.
Third. The United States, not having admitted in the convention of
1800 that they were under any obligations to France by reason of the
abrogation of the treaties of 1778 and 1788, persevered in this view of
the question by the tenor of the treaties of 1803, and therefore had no
such national obligation to discharge, and did not, either in purpose
or in fact, at any time undertake to discharge themselves from any such
obligation at the expense and with the property of individual citizens
of the United States.
Fourth. By the treaties of 1803 the United States obtained from France
the acknowledgment and payment, as part of the indemnity for the cession
of Louisiana, of claims of citizens of the United States for spoliations,
so far as France would admit her liability in the premises; but even then
the United States did not relinquish any claim of American citizens not
provided for by those treaties; so far from it, to the honor of France be
it remembered, she expressly reserved to herself the right to reconsider
any rejected claims of citizens of the United States.
Fifth. As to claims of citizens of the United States against France,
which had been the subject of controversy between the two countries
prior to the signature of the convention of 1800, and the further
consideration of which was reserved for a more convenient time by the
second article of that convention, for these claims, and these only,
provision was made in the treaties of 1803, all other claims being
expressly excluded by them from their scope and purview.
It is not to be overlooked, though not necessary to the conclusion,
that by the convention between France and the United States of the
4th of July, 1831, complete provision was made for the liquidation,
discharge, and payment on both sides of all claims of citizens of either
against the other for unlawful seizures, captures, sequestrations, or
destructions of the vessels, cargoes, or other property, without any
limitation of time, so as in terms to run back to the date of the
last preceding settlement, at least to that of 1803, if not to the
commencement of our national relations with France.
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