Charles Sumner: his complete works, volume 11 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 11 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The ratification by the First Consul followed the celebration at
Morfontaine, so that the Convention, with its postponement of mutual
claims, was definitely accepted by France. It was otherwise in the
United States, where the result did not find favor. The postponement
of a controversy is not a settlement, and here was nothing but
postponement, leaving the old cloud hanging over the country, ready
to burst at the motion of England or France. It was important that
the early treaties, with their entangling engagements, should cease,
even as a subject of future negotiation. In this spirit, the Senate,
on the submission of the Convention for ratification, expunged the
second article, providing that “the parties will negotiate further on
these subjects,” and limited the Convention to eight years. On the 18th
of February, 1801, President Adams, by proclamation countersigned by
John Marshall, as Secretary of State, published the Convention as duly
ratified, “saving and excepting the second article,” which was declared
“to be expunged, and of no force or validity.”[199] The precise effect
of this proceeding was not explained, and it remained to see how it
would be regarded in France.
Were the claims on France abandoned? This was the question which
occupied the attention of our minister, Mr. Murray, when charged to
exchange with France the ratifications of the Convention as amended by
the Senate. Reporting to the Government at home his conference with
the French plenipotentiaries, he said, “I fear that they will press an
article of formal abandonment on our part, _which I shall evade_.”[200]
He hoped, to keep still another chance for indemnities. On the other
hand, the French plenipotentiaries feared that an unconditional
suppression of the second article would leave them exposed to the
claims of the United States without chance for their counter-claims;
but they did not object to a mutual abandonment of indemnities,
which Mr. Murray admitted would “always be _set off_ against each
other.”[201] At last the conclusion was reached, and on the 31st of
July, 1801, the Convention was ratified by the First Consul, with the
limitation to eight years, and with the retrenchment of the second
article, according to the amendment by the Senate, the whole with a
proviso by the First Consul “THAT BY THIS RETRENCHMENT THE TWO STATES
RENOUNCE THE RESPECTIVE PRETENSIONS WHICH ARE THE OBJECT OF THE SAID
ARTICLE.”[202] Such were the important words of final settlement. What
had been left to inference in the amendment of the Senate was placed
beyond question by this French proviso. Claims and counter-claims were
not merely suspended; they were formally abandoned. The Convention,
with this decisive modification, was submitted to the Senate by
President Jefferson, and again ratified by a vote of twenty-two yeas
to four nays. On the 21st of December, 1801, it was promulgated by the
President in the usual form, with its supplementary proviso, and all
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