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
This provision must be interpreted in the light of preceding treaties,
especially of that which had occupied so much attention. They are all
_in pari materia_, and therefore, according to a familiar rule of
jurisprudence, must be taken together. But the Convention of 1800,
by the proviso of the First Consul at its ratification, _liberated
France completely_ from all liability for the claims now in question,
so that they ceased to be valid against her. Therefore these claimants
could not be “among those _entitled_” under the later Convention. This
interpretation is confirmed by the judgment of the French Government,
and also by the judgment of our own Commissioners under the Convention.
Mr. Rives, our minister at Paris, writing to Mr. Van Buren, the
Secretary of State at the time, under date of February 18, 1831, says:
“From what I have been able to learn of ----’s report, it is favorable
throughout to the principle of our claims. It excludes, however, the
claims of American citizens in the nature of debt or of supplies, as
being alien to the general scope of the controversy between the two
Governments,--and also American claims of every description originating
previous to the date of the Louisiana arrangement, in 1803, which has
been invariably alleged by this Government to be in full satisfaction
of all claims then existing.”[238]
Our own Commissioners, sitting at Washington, reported to the Secretary
of State, under date of December 30, 1835, that they had required every
person seeking _to entitle_ himself under the Convention to show that
his “claim remained unimpaired and in full force against France at the
date of the Convention of 1831.”[239] But the claims in question did
not come within this category. Clearly, they were not “unimpaired and
in full force against France.”
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