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
If we examine the Louisiana Convention carefully, we find that
“debts” alone are provided for. The first article, as we have already
seen, declares, “_the debts_ due by France to citizens of the United
States, contracted before the 30th September, 1800, shall be paid
according to the following regulations.” The second article describes
“_the debts_ provided for by the preceding article” as comprised in
a conjectural note. The third article declares how “the said debts
shall be discharged by the United States.” The fourth article more
specifically defines _the debts_ as follows: “It is expressly agreed
that the preceding articles shall comprehend _no debts_ but such as
are due to citizens of the United States who have been and are yet
creditors of France, for _supplies_, for _embargoes_, and _prizes made
at sea_ in which the appeal has been properly lodged within the time
mentioned in the said Convention, 30th September, 1800.” The fifth
article explains further the prizes intended in the fourth article, as
follows: “The preceding articles shall apply only, 1st, to captures of
which the Council of Prizes shall have ordered restitution, it being
well understood that the claimant cannot have recourse to the United
States otherwise than he might have had to the Government of the
French Republic, and only in case of insufficiency of the captors; 2d,
_the debts_ mentioned in the said fifth article of the Convention of
1800, the payment of which has been heretofore claimed of the actual
Government of France, and for which the creditors have a right to
the protection of the United States. The said fifth article does not
comprehend prizes whose condemnation has been or shall be confirmed.”
Under the first head, the class of captures is here defined. It was
those only where the Council of Prizes had ordered restitution, being
captures not warranted by the laws of France. Such cases were included
among “debts,” because the decree of the Council of Prizes ordering
restitution instantly created, on the part of the owner, a claim on
the captor for the property or its value; and where the captor was
“insufficient,” the Government assumed the debt. _And this is the only
class of captures provided for in the Louisiana Convention_. Under the
second head are specified “_the debts_ mentioned in the fifth article,”
with an express declaration that it “does not comprehend prizes whose
condemnation has been or shall be confirmed.” Thus in every article and
at every stage the spoliation claims are excluded from the benefit of
the Louisiana Convention.
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