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
Curiously, the two main objections most often adduced answer each
other flatly. It is sometimes insisted that the claims were invalid,
by reason of the abnormal relations between France and the United
States anterior to the Convention of 1800, pronounced to be a state of
war; and then, again, it is sometimes insisted that these claims were
provided for in the subsequent Convention of 1803 for the purchase of
Louisiana. But, if the claims were really invalid, as has been argued,
it is absurd to suppose that France would have provided for them; and
if they were really provided for, it is equally absurd to suppose that
they were invalid. The two objections might be dismissed as equally
unreasonable; but, since they have been made to play a conspicuous
part, especially in Presidential vetoes, the Committee will occupy a
brief moment in considering them.
Other objections, founded on the later Convention of 1831, on the Act
of Congress annulling the French treaties, on the early efforts of the
United States to procure satisfaction from France, and on the alleged
desperate character of the claims, will be considered in their order.
I.--WAR DID NOT EXIST BETWEEN THE UNITED STATES AND FRANCE.
The anomalous relations between France and the United States anterior
to the Convention of 1800 did not constitute a state of war so as to
annul all pending claims. The contrary assertion is inconsistent with
(1.) the facts of the case, (2.) the declarations of the two parties,
and (3.) the nature of the Convention.
Before considering these several topics, it may be remarked, that,
had there been a state of war, it would not follow that all prior
rights otherwise valid were annulled, so at least as not to be revived
at the close of the war. On one important occasion, the contrary has
been held by our Government in its negotiations with Great Britain.
The provision relative to the fisheries which appears in the Treaty of
1783 was not noticed in the Treaty of Ghent; and yet the United States
did not hesitate to insist afterwards, that, though interrupted by the
War of 1812, it remained in full force after the termination of the
war. Doubtless, claims bearing the open cause of war, and failing to
be recognized in the treaty of peace, are annulled; for the treaty is
the settlement of pending controversies between the two powers. But
the claims in question were not the open cause even of the anomalous
relations between the United States and France, and they did not fail
to have such recognition in the convention terminating those relations
as to exclude all idea that they were annulled by war, or any other
antecedent facts. It is not necessary to consider the effect of war,
for it is easy to establish that war did not exist.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account