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
It will be observed how carefully the claims for spoliation were
excluded from the benefit of this provision, which is limited
positively to “debts.” Though apparently plain, the French Government
found difficulties in its execution. Vexatious delays were interposed,
and “debts” were treated little better than “claims,” so that our
minister at Paris, Hon. Robert R. Livingston, was constrained to
address the French Government, under date of March 25, 1802: “The
fifth article of the treaty says, expressly, they shall be paid; but
justice and good faith say it, independent of the treaty. Yet they
remain unsatisfied; nor is the most distant hope as yet afforded them
of when or how they will be paid.”[235] Such was the spirit of other
correspondence. At last, by one and the same transaction, Louisiana was
purchased, and these “debts” were provided for. The plenipotentiaries
of the United States, Mr. Livingston and Mr. Monroe,--the latter for
a second time plenipotentiary,--undertook to pay eighty millions of
francs for the purchase, of which sixty millions were for France, and
the remaining twenty millions for the payment of “debts” secured by the
Convention of 1800; and these terms were embodied in a treaty and two
associate conventions of the same date.
The treaty contained the terms of cession. One of the conventions
regulated the terms of purchase, and the other provided that “_the
debts_ due by France to citizens of the United States, _contracted
before the 30th September, 1800_, shall be paid” according to certain
regulations. It will be observed that these words descriptive of the
“debts” are not unlike those employed in the fifth article of the
Convention of 30th September, 1800.
The new Convention regulating the payment of “debts” begins with a
preamble, setting forth the desire of the President and of the First
Consul, “_in compliance with the second and fifth articles_ of the
Convention of the 30th September, 1800, to secure the payment of the
sum due by France to the citizens of the United States.” From the
association of these two articles some hastily infer a purpose to
revive the “claims” abandoned in the famous second article. But such
revival, instead of being “in compliance” with that article, or,
according to the corresponding French words of the Convention, _en
exécution_ of that article, would be in direct contradiction of it.
The allusion to the second article is obviously to carry into the
Louisiana Convention the original exclusion of the spoliation “claims.”
If any doubt could arise on this allusion, taken by itself, it would
disappear, when we consider that the fifth article is both _inclusive_
and _exclusive_. It includes “debts contracted,” which are to be
paid, and it excludes “indemnities claimed on account of captures or
confiscations,” which are not to be paid. Thus the language of the
preamble is justified, and the Convention is _in compliance_ with both
the second and fifth articles of the original Convention.
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