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
All this is apparent on the face; but it was demonstrated by the
action of the Commissioners. The experiment was made with regard to
captures prior to the ratification of the Convention of 1800, and no
less than one hundred and four cases were submitted to the board. All
but four were rejected. The first rejections, in point of time, were
January 11, 1833, in two different cases, when we have the following
entries: “Caroline, captured February 10, 1798,--rejected,--_the vessel
having been captured before the 30th September, 1800_”; “Brig Orlando,
captured March 1, 1800,--rejected,--_the capture having been made
anterior to the 30th September, 1800_.”[240] The indemnities allowed by
the Commissioners were mainly for captures under the decrees of Berlin,
Milan, Rambouillet, and Trianon,--that succession of sweeping edicts
by which Napoleon at the height of power enforced his Continental
system. There were four awards for captures after the signature of
the Convention of 1800, and before its ratification. As such cases,
occurring during this intermediate period, were plainly saved from the
renunciation of the Convention of 1800,[241] and yet were not included
in the Convention of 1803, they came naturally within the scope of
the Convention of 1831. The claims in question had no such advantage.
Renounced in 1800, they were not adopted in 1831. But, ceasing to be
claims upon France, they have become claims upon the United States.
IV.--THESE CLAIMS NOT AFFECTED BY THE ACT OF CONGRESS ANNULLING THE
FRENCH TREATIES.
Then it is said that the French treaties were annulled by Act of
Congress, so as to render the set-off and mutual release a mere form,
and nothing else. This objection, also, proceeds in ignorance of the
question.
It is true, the United States, by Act of Congress, July 7, 1798,
declared the treaties heretofore concluded with France _no longer
obligatory_.[242] But the question still remained as to the effect of
this Act. Not purporting to be retrospective, all obligations under the
treaties at that date were fixed, whether on the part of the United
States or on the part of France. Therefore France, besides constant
liability under the Law of Nations, was liable also under the treaties
for all depredations anterior to this date, and the United States
were liable for all non-performance of obligations anterior to this
date. Assuming that the treaties were annulled, it is evident that the
anterior claims of each were not in any way affected; so that there was
still, even under the treaties, occasion for set-off and mutual release.
Public-domain text, read in full here on John Shaqi.
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