VETO MESSAGES.

WASHINGTON, _February 17, 1855_.

_To the House of Representatives_:

I have received and carefully considered the bill entitled "An act

to provide for the ascertainment of claims of American citizens for

spoliations committed by the French prior to the 31st of July, 1801,"

and in the discharge of a duty imperatively enjoined on me by the

Constitution I return the same with my objections to the House of

Representatives, in which it originated.

In the organization of the Government of the United States the

legislative and executive functions were separated and placed in

distinct hands. Although the President is required from time to time

to recommend to the consideration of Congress such measures as he shall

judge necessary and expedient, his participation in the formal business

of legislation is limited to the single duty, in a certain contingency,

of demanding for a bill a particular form of vote prescribed by the

Constitution before it can become a law. He is not invested with power

to defeat legislation by an absolute veto, but only to restrain it, and

is charged with the duty, in case he disapproves a measure, of invoking

a second and a more deliberate and solemn consideration of it on the

part of Congress. It is not incumbent on the President to sign a bill

as a matter of course, and thus merely to authenticate the action of

Congress, for he must exercise intelligent judgment or be faithless to

the trust reposed in him. If he approve a bill, he shall sign it, but

if not he shall return it with his objections to that House in which

it shall have originated for such further action as the Constitution

demands, which is its enactment, if at all, not by a bare numerical

majority, as in the first instance, but by a constitutional majority

of two-thirds of both Houses.

While the Constitution thus confers on the legislative bodies the

complete power of legislation in all cases, it proceeds, in the spirit

of justice, to provide for the protection of the responsibility of the

President. It does not compel him to affix the signature of approval to

any bill unless it actually have his approbation; for while it requires

him to sign if he approve, it, in my judgment, imposes upon him the duty

of withholding his signature if he do not approve. In the execution of

his official duty in this respect he is not to perform a mere mechanical

part, but is to decide and act according to conscientious convictions of

the rightfulness or wrongfulness of the proposed law. In a matter as to

which he is doubtful in his own mind he may well defer to the majority

of the two Houses. Individual members of the respective Houses, owing to

the nature, variety, and amount of business pending, must necessarily

rely for their guidance in many, perhaps most, cases, when the matters

involved are not of popular interest, upon the investigation of

appropriate committees, or, it may be, that of a single member, whose

attention has been particularly directed to the subject. For similar

reasons, but even to a greater extent, from the number and variety of

subjects daily urged upon his attention, the President naturally relies

much upon the investigation had and the results arrived at by the two

Houses, and hence those results, in large classes of cases, constitute

the basis upon which his approval rests. The President's responsibility

is to the whole people of the United States, as that of a Senator is to

the people of a particular State, that of a Representative to the people

of a State or district; and it may be safely assumed that he will not

resort to the clearly defined and limited power of arresting legislation

and calling for reconsideration of any measure except in obedience

to requirements of duty. When, however, he entertains a decisive and

fixed conclusion, not merely of the unconstitutionality, but of the

impropriety, or injustice in other respects, of any measure, if he

declare that he approves it he is false to his oath, and he deliberately

disregards his constitutional obligations.

I cheerfully recognize the weight of authority which attaches to the

action of a majority of the two Houses. But in this case, as in some

others, the framers of our Constitution, for wise considerations of

public good, provided that nothing less than a two-thirds vote of one

or both of the Houses of Congress shall become effective to bind the

coordinate departments of the Government, the people, and the several

States. If there be anything of seeming invidiousness in the official

right thus conferred on the President, it is in appearance only, for the

same right of approving or disapproving a bill, according to each one's

own judgment, is conferred on every member of the Senate and of the

House of Representatives.

It is apparent, therefore, that the circumstances must be extraordinary

which would induce the President to withhold approval from a bill

involving no violation of the Constitution. The amount of the claims

proposed to be discharged by the bill before me, the nature of the

transactions in which those claims are alleged to have originated,

the length of time during which they have occupied the attention of

Congress and the country, present such an exigency. Their history

renders it impossible that a President who has participated to any

considerable degree in public affairs could have failed to form

respecting them a decided opinion upon what he would deem satisfactory

grounds. Nevertheless, instead of resting on former opinions, it has

seemed to me proper to review and more carefully examine the whole

subject, so as satisfactorily to determine the nature and extent of my

obligations in the premises.

I feel called upon at the threshold to notice an assertion, often

repeated, that the refusal of the United States to satisfy these claims

in the manner provided by the present bill rests as a stain on the

justice of our country. If it be so, the imputation on the public honor

is aggravated by the consideration that the claims are coeval with the

present century, and it has been a persistent wrong during that whole

period of time. The allegation is that private property has been taken

for public use without just compensation, in violation of express

provision of the Constitution, and that reparation has been withheld

and justice denied until the injured parties have for the most part

descended to the grave. But it is not to be forgotten or overlooked that

those who represented the people in different capacities at the time

when the alleged obligations were incurred, and to whom the charge of

injustice attaches in the first instance, have also passed away and

borne with them the special information which controlled their decision

and, it may be well presumed, constituted the justification of their

acts.

If, however, the charge in question be well founded, although its

admission would inscribe on our history a page which we might desire

most of all to obliterate, and although, if true, it must painfully

disturb our confidence in the justice and the high sense of moral and

political responsibility of those whose memories we have been taught

to cherish with so much reverence and respect, still we have only one

course of action left to us, and that is to make the most prompt and

ample reparation in our power and consign the wrong as far as may be

to forgetfulness.

But no such heavy sentence of condemnation should be lightly passed upon

the sagacious and patriotic men who participated in the transactions out

of which these claims are supposed to have arisen, and who, from their

ample means of knowledge of the general subject in its minute details

and from their official position, are peculiarly responsible for

whatever there is of wrong or injustice in the decisions of the

Government.

Their justification consists in that which constitutes the objection to

the present bill, namely, the absence of any indebtedness on the part

of the United States. The charge of denial of justice in this case, and

consequent stain upon our national character, has not yet been indorsed

by the American people. But if it were otherwise, this bill, so far from

relieving the past, would only stamp on the present a more deep and

indelible stigma. It admits the justice of the claims, concedes that

payment has been wrongfully withheld for fifty years, and then proposes

not to pay them, but to compound with the public creditors by providing

that, whether the claims shall be presented or not, whether the sum

appropriated shall pay much or little of what shall be found due, the

law itself shall constitute a perpetual bar to all future demands. This

is not, in my judgment, the way to atone for wrongs if they exist, nor

to meet subsisting obligations.

If new facts, not known or not accessible during the Administration of

Mr. Jefferson, Mr. Madison, or Mr. Monroe, had since been brought to

light, or new sources of information discovered, this would greatly

relieve the subject of embarrassment. But nothing of this nature has

occurred.

That those eminent statesmen had the best means of arriving at a correct

conclusion no one will deny. That they never recognized the alleged

obligation on the part of the Government is shown by the history of

their respective Administrations. Indeed, it stands not as a matter of

controlling authority, but as a fact of history, that these claims have

never since our existence as a nation been deemed by any President

worthy of recommendation to Congress.

Claims to payment can rest only on the plea of indebtedness on the part

of the Government. This requires that it should be shown that the United

States have incurred liability to the claimants, either by such acts as

deprived them of their property or by having actually taken it for

public use without making just compensation for it.

The first branch of the proposition--that on which an equitable claim

to be indemnified by the United States for losses sustained might

rest--requires at least a cursory examination of the history of the

transactions on which the claims depend. The first link which in the

chain of events arrests attention is the treaties of alliance and of

amity and commerce between the United States and France negotiated in

1778. By those treaties peculiar privileges were secured to the armed

vessels of each of the contracting parties in the ports of the other,

the freedom of trade was greatly enlarged, and mutual obligations were

incurred by each to guarantee to the other their territorial possessions

in America.

In 1792-93, when war broke out between France and Great Britain, the

former claimed privileges in American ports which our Government did

not admit as deducible from the treaties of 1778, and which it was held

were in conflict with obligations to the other belligerent powers. The

liberal principle of one of the treaties referred to--that free ships

make free goods, and that subsistence and supplies were not contraband

of war unless destined to a blockaded port--was found, in a commercial

view, to operate disadvantageously to France as compared with her enemy,

Great Britain, the latter asserting, under the law of nations, the right

to capture as contraband supplies when bound for an enemy's port.

Induced mainly, it is believed, by these considerations, the Government

of France decreed on the 9th of May, 1793, the first year of the war,

that "the French people are no longer permitted to fulfill toward the

neutral powers in general the vows they have so often manifested, and

which they constantly make for the full and entire liberty of commerce

and navigation," and, as a counter measure to the course of Great

Britain, authorized the seizure of neutral vessels bound to an enemy's

port in like manner as that was done by her great maritime rival.

This decree was made to act retrospectively, and to continue until the

enemies of France should desist from depredations on the neutral vessels

bound to the ports of France. Then followed the embargo, by which our

vessels were detained in Bordeaux; the seizure of British goods on

board of our ships, and of the property of American citizens under the

pretense that it belonged to English subjects, and the imprisonment of

American citizens captured on the high seas.

Against these infractions of existing treaties and violations of our

rights as a neutral power we complained and remonstrated. For the

property of our injured citizens we demanded that due compensation

should be made, and from 1793 to 1797 used every means, ordinary and

extraordinary, to obtain redress by negotiation. In the last-mentioned

year these efforts were met by a refusal to receive a minister sent

by our Government with special instructions to represent the amicable

disposition of the Government and people of the United States and their

desire to remove jealousies and to restore confidence by showing that

the complaints against them were groundless. Failing in this, another

attempt to adjust all differences between the two Republics was made in

the form of an extraordinary mission, composed of three distinguished

citizens, but the refusal to receive was offensively repeated, and thus

terminated this last effort to preserve peace and restore kind relations

with our early friend and ally, to whom a debt of gratitude was due

which the American people have never been willing to depreciate or to

forget. Years of negotiation had not only failed to secure indemnity

for our citizens and exemption from further depredation, but these

long-continued efforts had brought upon the Government the suspension

of diplomatic intercourse with France and such indignities as to induce

President Adams, in his message of May 16, 1797, to Congress, convened

in special session, to present it as the particular matter for their

consideration and to speak of it in terms of the highest indignation.

Thenceforward the action of our Government assumed a character which

clearly indicates that hope was no longer entertained from the amicable

feeling or justice of the Government of France, and hence the subsequent

measures were those of force.

On the 28th of May, 1798, an act was passed for the employment of the

Navy of the United States against "armed vessels of the Republic of

France," and authorized their capture if "found hovering on the coast

of the United States for the purpose of committing depredations on the

vessels belonging to the citizens thereof;" on the 18th of June, 1798,

an act was passed prohibiting commercial intercourse with France under

the penalty of the forfeiture of the vessels so employed; on the 25th

of June, the same year, an act to arm the merchant marine to oppose

searches, capture aggressors, and recapture American vessels taken by

the French; on the 28th of June, same year, an act for the condemnation

and sale of French vessels captured by authority of the act of 28th of

May preceding; on the 27th of July, same year, an act abrogating the

treaties and the convention which had been concluded between the United

States and France, and declaring "that the same shall not henceforth

be regarded as legally obligatory on the Government or citizens of the

United States;" on the 9th of the same month an act was passed which

enlarged the limits of the hostilities then existing by authorizing our

public vessels to capture armed vessels of France wherever found upon

the high seas, and conferred power on the President to issue commissions

to private armed vessels to engage in like service.

These acts, though short of a declaration of war, which would put ail

the citizens of each country in hostility with those of the other, were,

nevertheless, actual war, partial in its application, maritime in its

character, but which required the expenditure of much of our public

treasure and much of the blood of our patriotic citizens, who, in

vessels but little suited to the purposes of war, went forth to battle

on the high seas for the rights and security of their fellow-citizens

and to repel indignities offered to the national honor.

It is not, then, because of any failure to use all available means,

diplomatic and military, to obtain reparation that liability for private

claims can have been incurred by the United States, and if there is any

pretense for such liability it must flow from the action, not from the

neglect, of the United States. The first complaint on the part of France

was against the proclamation of President Washington of April 22, 1793.

At that early period in the war which involved Austria, Prussia,

Sardinia, the United Netherlands, and Great Britain on the one part and

France on the other, the great and wise man who was the Chief Executive,

as he was and had been the guardian of our then infant Republic,

proclaimed that "the duty and interest of the United States require that

they should with sincerity and good faith adopt and pursue a conduct

friendly and impartial toward the belligerent powers." This attitude of

neutrality, it was pretended, was in disregard of the obligations of

alliance between the United States and France. And this, together with

the often-renewed complaint that the stipulations of the treaties of

1778 had not been observed and executed by the United States, formed the

pretext for the series of outrages upon our Government and its citizens

which finally drove us to seek redress and safety by an appeal to force.

The treaties of 1778, so long the subject of French complaints, are now

understood to be the foundation upon which are laid these claims of

indemnity from the United States for spoliations committed by the French

prior to 1800. The act of our Government which abrogated not only the

treaties of 1778, but also the subsequent consular convention of 1788,

has already been referred to, and it may be well here to inquire what

the course of France was in relation thereto. By the decrees of 9th of

May, 1793, 7th of July, 1796, and 2d of March, 1797, the stipulations

which were then and subsequently most important to the United States

were rendered wholly inoperative. The highly injurious effects which

these decrees are known to have produced show how vital were the

provisions of treaty which they violated, and make manifest the

incontrovertible right of the United States to declare, as the

consequence of these acts of the other contracting party, the treaties

at an end.

The next step in this inquiry is whether the act declaring the treaties

null and void was ever repealed, or whether by any other means the

treaties were ever revived so as to be either the subject or the source

of national obligation. The war which has been described was terminated

by the treaty of Paris of 1800, and to that instrument it is necessary

to turn to find how much of preexisting obligations between the two

Governments outlived the hostilities in which they had been engaged.

By the second article of the treaty of 1800 it was declared that the

ministers plenipotentiary of the two parties not being able to agree

respecting the treaties of alliance, amity, and commerce of 1778 and the

convention of 1788, nor upon the indemnities mutually due or claimed,

the parties will negotiate further on these subjects at a convenient

time; and until they shall have agreed upon these points the said

treaties and convention shall have no operation.

When the treaty was submitted to the Senate of the United States, the

second article was disagreed to and the treaty amended by striking it

out and inserting a provision that the convention then made should

continue in force eight years from the date of ratification, which

convention, thus amended, was accepted by the First Consul of France,

with the addition of a note explanatory of his construction of the

convention, to the effect that by the retrenchment of the second article

the two States renounce the respective pretensions which were the object

of the said article.

It will be perceived by the language of the second article, as

originally framed by the negotiators, that they had found themselves

unable to adjust the controversies on which years of diplomacy and of

hostilities had been expended, and that they were at last compelled to

postpone the discussion of those questions to that most indefinite

period, a "convenient time." All, then, of these subjects which was

revived by the convention was the right to renew, when it should be

convenient to the parties, a discussion which had already exhausted

negotiation, involved the two countries in a maritime war, and on which

the parties had approached no nearer to concurrence than they were when

the controversy began.

The obligations of the treaties of 1778 and the convention of 1788 were

mutual, and estimated to be equal. But however onerous they may have

been to the United States, they had been abrogated, and were not revived

by the convention of 1800, but expressly spoken of as suspended until an

event which could only occur by the pleasure of the United States. It

seems clear, then, that the United States were relieved of no obligation

to France by the retrenchment of the second article of the convention,

and if thereby France was relieved of any valid claims against her the

United States received no consideration in return, and that if private

property was taken by the United States from their own citizens it was

not for public use. But it is here proper to inquire whether the United

States did relieve France from valid claims against her on the part of

citizens of the United States, and did thus deprive them of their

property.

The complaints and counter complaints of the two Governments had been

that treaties were violated and that both public and individual rights

and interests had been sacrificed. The correspondence of our ministers

engaged in negotiations, both before and after the convention of 1800,

sufficiently proves how hopeless was the effort to obtain full indemnity

from France for injuries inflicted on our commerce from 1793 to 1800,

unless it should be by an account in which the rival pretensions of the

two Governments should each be acknowledged and the balance struck

between them.

It is supposable, and may be inferred from the contemporaneous history

as probable, that had the United States agreed in 1800 to revive the

treaties of 1778 and 1788 with the construction which France had placed

upon them, that the latter Government would, on the other hand, have

agreed to make indemnity for those spoliations which were committed

under the pretext that the United States were faithless to the

obligations of the alliance between the two countries.

Hence the conclusion that the United States did not sacrifice private

rights or property to get rid of public obligations, but only refused to

reassume public obligations for the purpose of obtaining the recognition

of the claims of American citizens on the part of France.

All those claims which the French Government was willing to admit were

carefully provided for elsewhere in the convention, and the declaration

of the First Consul, which was appended in his additional note, had no

other application than to the claims which had been mutually made by the

Governments, but on which they had never approximated to an adjustment.

In confirmation of the fact that our Government did not intend to cease

from the prosecution of the just claims of our citizens against France,

reference is here made to the annual message of President Jefferson of

December 8, 1801, which opens with expressions of his gratification at

the restoration of peace among sister nations; and, after speaking of

the assurances received from all nations with whom we had principal

relations and of the confidence thus inspired that our peace with them

would not have been disturbed if they had continued at war with each

other, he proceeds to say:

But a cessation of irregularities which had affected the commerce of

neutral nations, and of the irritations and injuries produced by them,

can not but add to this confidence, and strengthens at the same time the

hope that wrongs committed on unoffending friends under a pressure of

circumstances will now be reviewed with candor, and will be considered

as founding just claims of retribution for the past and new assurance

for the future.

The zeal and diligence with which the claims of our citizens against

France were prosecuted appear in the diplomatic correspondence of the

three years next succeeding the convention of 1800, and the effect of

these efforts is made manifest in the convention of 1803, in which

provision was made for payment of a class of cases the consideration of

which France had at all previous periods refused to entertain, and which

are of that very class which it has been often assumed were released by

striking out the second article of the convention of 1800. This is shown

by reference to the preamble and to the fourth and fifth articles of the

convention of 1803, by which were admitted among the debts due by France

to citizens of the United States the amounts chargeable for "prizes made

at sea in which the appeal has been properly lodged within the time

mentioned in the said convention of the 30th of September, 1800;" and

this class was further defined to be only "captures of which the council

of prizes shall have ordered restitution, it being well understood that

the claimant can not have recourse to the United States otherwise than

he might have had to the French Republic, and only in case of the

insufficiency of the captors."

If, as was affirmed on all hands, the convention of 1803 was intended

to close all questions between the Governments of France and the United

States, and 20,000,000 francs were set apart as a sum which might

exceed, but could not fall short of, the debts due by France to the

citizens of the United States, how are we to reconcile the claim now

presented with the estimates made by those who were of the time and

immediately connected with the events, and whose intelligence and

integrity have in no small degree contributed to the character and

prosperity of the country in which we live? Is it rational to assume

that the claimants who now present themselves for indemnity by the

United States represent debts which would have been admitted and paid by

France but for the intervention of the United States? And is it possible

to escape from the effect of the voluminous evidence tending to

establish the fact that France resisted all these claims; that it was

only after long and skillful negotiation that the agents of the United

States obtained the recognition of such of the claims as were provided

for in the conventions of 1800 and 1803? And is it not conclusive

against any pretensions of possible success on the part of the

claimants, if left unaided to make their applications to France, that

the only debts due to American citizens which have been paid by France

are those which were assumed by the United States as part of the

consideration in the purchase of Louisiana?

There is little which is creditable either to the judgment or patriotism

of those of our fellow-citizens who at this day arraign the justice,

the fidelity, or love of country of the men who founded the Republic in

representing them as having bartered away the property of individuals to

escape from public obligations, and then to have withheld from them just

compensation. It has been gratifying to me in tracing the history of

these claims to find that ample evidence exists to refute an accusation

which would impeach the purity, the justice, and the magnanimity of the

illustrious men who guided and controlled the early destinies of the

Republic.

I pass from this review of the history of the subject, and, omitting

many substantial objections to these claims, proceed to examine somewhat

more closely the only grounds upon which they can by possibility be

maintained.

Before entering on this it may be proper to state distinctly certain

propositions which it is admitted on all hands are essential to prove

the obligations of the Government.

First. That at the date of the treaty of September 30, 1800, these

claims were valid and subsisting as against France.

Second. That they were released or extinguished by the United States in

that treaty and by the manner of its ratification.

Third. That they were so released or extinguished for a consideration

valuable to the Government, but in which the claimants had no more

interest than any other citizens.

The convention between the French Republic and the United States of

America signed at Paris on the 30th day of September, 1800, purports

in the preamble to be founded on the equal desire of the First Consul

(Napoleon Bonaparte) and the President of the United States to terminate

the differences which have arisen between the two States. It declares,

in the first place, that there shall be firm, inviolable, and universal

peace and a true and sincere friendship between the French Republic and

the United States. Next it proceeds, in the second, third, fourth, and

fifth articles, to make provision in sundry respects, having reference

to past differences and the transition from the state of war between the

two countries to that of general and permanent peace. Finally, in the

residue of the twenty-seventh article, it stipulates anew the conditions

of amity and intercourse, commercial and political, thereafter to exist,

and, of course, to be substituted in place of the previous conditions of

the treaties of alliance and of commerce and the consular convention,

which are thus tacitly but unequivocally recognized as no longer in

force, but in effect abrogated, either by the state of war or by the

political action of the two Republics.

Except in so far as the whole convention goes to establish the fact that

the previous treaties were admitted on both sides to be at an end, none

of the articles are directly material to the present question save the

following:

ART. II. The ministers plenipotentiary of the two parties not being able

to agree at present respecting the treaty of alliance of 6th February,

1778, the treaty of amity and commerce of the same date, and the

convention of 14th of November, 1788, nor upon the indemnities mutually

due or claimed, the parties will negotiate further on these subjects at

a convenient time; and until they may have agreed upon these points the

said treaties and convention shall have no operation, and the relations

of the two countries shall be regulated as follows:

* * * * *

ART. V. The debts contracted by one of the two nations with individuals

of the other, or by the individuals of one with the individuals of the

other, shall be paid, or the payment may be prosecuted, in the same

manner as if there had been no misunderstanding between the two States.

But this clause shall not extend to indemnities claimed on account of

captures or confiscations.

On this convention being submitted to the Senate of the United States,

they consented and advised to its ratification with the following

proviso:

_Provided_, That the second article be expunged, and that the following

article be added or inserted: It is agreed that the present convention

shall be in force for the term of eight years from the time of the

exchange of ratifications.

The spirit and purpose of this change are apparent and unmistakable.

The convention as signed by the respective plenipotentiaries did not

adjust all the points of controversy. Both nations, however, desired the

restoration of peace. Accordingly, as to those matters in the relations

of the two countries concerning which they could agree, they did agree

for the time being; and as to the rest, concerning which they could not

agree, they suspended and postponed further negotiation.

They abandoned no pretensions, they relinquished no right on either

side, but simply adjourned the question until "a convenient time."

Meanwhile, and until the arrival of such convenient time, the relations

of the two countries were to be regulated by the stipulations of the

convention.

Of course the convention was on its face a temporary and provisional

one, but in the worst possible form of prospective termination. It was

to cease at a convenient time. But how should that convenient time be

ascertained? It is plain that such a stipulation, while professedly not

disposing of the present controversy, had within itself the germ of a

fresh one, for the two Governments might at any moment fall into dispute

on the question whether that convenient time had or had not arrived.

The Senate of the United States anticipated and prevented this question

by the only possible expedient; that is, the designation of a precise

date. This being done, the remaining parts of the second article became

superfluous and useless, for as all the provisions of the convention

would expire in eight years, it would necessarily follow that

negotiations must be renewed within that period, more especially as the

operation of the amendment which covered the whole convention was that

even the stipulation of peace in the first article became temporary and

expired in eight years, whereas that article, and that article alone,

was permanent according to the original tenor of the convention.

The convention thus amended, being submitted to the First Consul, was

ratified by him, his act of acceptance being accompanied with the

following declaratory note:

The Government of the United States having added in its ratification

that the convention should be in force for the space of eight years, and

having omitted the second article, the Government of the French Republic

consents to accept, ratify, and confirm the above convention with the

addition importing that the convention shall be in force for the space

of eight years and with the retrenchment of the second article:

_Provided_, That by this retrenchment the two States renounce the

respective pretensions which are the object of the said article.

The convention, as thus ratified by the First Consul, having been again

submitted to the Senate of the United States, that body resolved that

"they considered the convention as fully ratified," and returned the

same to the President for promulgation, and it was accordingly

promulgated in the usual form by President Jefferson.

Now it is clear that in simply resolving that "they considered the

convention as fully ratified" the Senate did in fact abstain from any

express declaration of dissent or assent to the construction put by the

First Consul on the retrenchment of the second article. If any inference

beyond this can be drawn from their resolution, it is that they regarded

the proviso annexed by the First Consul to his declaration of acceptance

as foreign to the subject, as nugatory, or as without consequence or

effect. Notwithstanding this proviso, they considered the ratification

as full. If the new proviso made any change in the previous import of

the convention, then it was not full; and in considering it a full

ratification they in substance deny that the proviso did in any respect

change the tenor of the convention.

By the second article, as it originally stood, neither Republic had

relinquished its existing rights or pretensions, either as to other

previous treaties or the indemnities mutually due or claimed, but

only deferred the consideration of them to a convenient time. By the

amendment of the Senate of the United States that convenient time,

instead of being left indefinite, was fixed at eight years; but no

right or pretension of either party was surrendered or abandoned.

If the Senate erred in assuming that the proviso added by the First

Consul did not affect the question, then the transaction would amount

to nothing more than to have raised a new question, to be disposed of

on resuming the negotiations, namely, the question whether the proviso

of the First Consul did or not modify or impair the effect of the

convention as it had been ratified by the Senate.

That such, and such only, was the true meaning and effect of the

transaction; that it was not, and was not intended to be, a

relinquishment by the United States of any existing claim on France, and

especially that it was not an abandonment of any claims of individual

citizens, nor the set off of these against any conceded national

obligations to France, is shown by the fact that President Jefferson did

at once resume and prosecute to successful conclusion negotiations to

obtain from France indemnification for the claims of citizens of the

United States existing at the date of that convention; for on the 30th

of April, 1803, three treaties were concluded at Paris between the

United States of America and the French Republic, one of which embraced

the cession of Louisiana; another stipulated for the payment of

60,000,000 francs by the United States to France; and a third provided

that, for the satisfaction of sums due by France to citizens of the

United States at the conclusion of the convention of September 30, 1800,

and in express compliance with the second and fifth articles thereof,

a further sum of 20,000,000 francs should be appropriated and paid by

the United States. In the preamble to the first of these treaties, which

ceded Louisiana, it is set forth that--

The President of the United States of America and the First Consul of

the French Republic, in the name of the French people, desiring to

remove all source of misunderstanding relative to objects of discussion

mentioned in the second and fifth articles of the convention of the 8th

Vendémiaire, an 9 (30th September, 1800), relative to the rights claimed

by the United States in virtue of the treaty concluded at Madrid the

27th of October, 1795, between His Catholic Majesty and the said United

States, and willing to strengthen the union and friendship which at the

time of the said convention was happily reestablished between the two

nations, have respectively named their plenipotentiaries, ... who ...

have agreed to the following articles.

Here is the most distinct and categorical declaration of the two

Governments that the matters of claim in the second article of the

convention of 1800 had not been ceded away, relinquished, or set off,

but they were still subsisting subjects of demand against France. The

same declaration appears in equally emphatic language in the third of

these treaties, bearing the same date, the preamble of which recites

that--

The President of the United States of America and the First Consul of

the French Republic, in the name of the French people, having by a

treaty of this date terminated all difficulties relative to Louisiana

and established on a solid foundation the friendship which unites the

two nations, and being desirous, in compliance with the second and fifth

articles of the convention of the 8th Vendémiaire, ninth year of the

French Republic (30th September, 1800), to secure the payment of the

sums due by France to the citizens of the United States, have appointed

plenipotentiaries--

who agreed to the following among other articles:

ART. I. The debts due by France to citizens of the United States,

contracted before the 8th of Vendémiaire, ninth year of the French

Republic (30th September, 1800), shall be paid according to the

following regulations, with interest at 6 per cent, to commence from

the periods when the accounts and vouchers were presented to the

French Government.

ART. II. The debts provided for by the preceding article are those whose

result is comprised in the conjectural note annexed to the present

convention, and which, with the interest, can not exceed the sum of

20,000,000 francs. The claims comprised in the said note which fall

within the exceptions of the following articles shall not be admitted

to the benefit of this provision.

* * * * *

ART. IV. 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, 8th

Vendémiaire, ninth year (30th September, 1800).

ART. V. The preceding articles shall apply only, first, to captures of

which the council of prizes shall have ordered restitution, it being

well understood that the claimant can not 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; second, the

debts mentioned in the said fifth article of the convention, contracted

before the 8th Vendémiaire, an 9 (30th September, 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. It is the express intention

of the contracting parties not to extend the benefit of the present

convention to reclamations of American citizens who shall have

established houses of commerce in France, England, or other countries

than the United States, in partnership with foreigners, and who by

that reason and the nature of their commerce ought to be regarded as

domiciliated in the places where such houses exist. All agreements and

bargains concerning merchandise which shall not be the property of

American citizens are equally excepted from the benefit of the said

convention, saving, however, to such persons their claims in like manner

as if this treaty had not been made.

* * * * *

ART. XII. In case of claims for debts contracted by the Government of

France with citizens of the United States since the 8th Vendémiaire,

ninth year (30th September, 1800), not being comprised in this

convention, may be pursued, and the payment demanded in the same manner

as if it had not been made.

Other articles of the treaty provide for the appointment of agents to

liquidate the claims intended to be secured, and for the payment of them

as allowed at the Treasury of the United States. The following is the

concluding clause of the tenth article:

The rejection of any claim shall have no other effect than to exempt

the United States from the payment of it, the French Government

reserving to itself the right to decide definitively on such claim so

far as it concerns itself.

Now, from the provisions of the treaties thus collated the following

deductions undeniably follow, namely:

First. Neither the second article of the convention of 1800, as it

originally stood, nor the retrenchment of that article, nor the proviso

in the ratification by the First Consul, nor the action of the Senate of

the United States thereon, was regarded by either France or the United

States as the renouncement of any claims of American citizens against

France.

Second. On the contrary, in the treaties of 1803 the two Governments

took up the question precisely where it was left on the day of the

signature of that of 1800, without suggestion on the part of France that

the claims of our citizens were excluded by the retrenchment of the

second article or the note of the First Consul, and proceeded to make

ample provision for such as France could be induced to admit were justly

due, and they were accordingly discharged in full, with interest, by the

United States in the stead and behalf of France.

Third. The United States, not having admitted in the convention of

1800 that they were under any obligations to France by reason of the

abrogation of the treaties of 1778 and 1788, persevered in this view of

the question by the tenor of the treaties of 1803, and therefore had no

such national obligation to discharge, and did not, either in purpose

or in fact, at any time undertake to discharge themselves from any such

obligation at the expense and with the property of individual citizens

of the United States.

Fourth. By the treaties of 1803 the United States obtained from France

the acknowledgment and payment, as part of the indemnity for the cession

of Louisiana, of claims of citizens of the United States for spoliations,

so far as France would admit her liability in the premises; but even then

the United States did not relinquish any claim of American citizens not

provided for by those treaties; so far from it, to the honor of France be

it remembered, she expressly reserved to herself the right to reconsider

any rejected claims of citizens of the United States.

Fifth. As to claims of citizens of the United States against France,

which had been the subject of controversy between the two countries

prior to the signature of the convention of 1800, and the further

consideration of which was reserved for a more convenient time by the

second article of that convention, for these claims, and these only,

provision was made in the treaties of 1803, all other claims being

expressly excluded by them from their scope and purview.

It is not to be overlooked, though not necessary to the conclusion,

that by the convention between France and the United States of the

4th of July, 1831, complete provision was made for the liquidation,

discharge, and payment on both sides of all claims of citizens of either

against the other for unlawful seizures, captures, sequestrations, or

destructions of the vessels, cargoes, or other property, without any

limitation of time, so as in terms to run back to the date of the

last preceding settlement, at least to that of 1803, if not to the

commencement of our national relations with France.

This review of the successive treaties between France and the United

States has brought my mind to the undoubting conviction that while

the United States have in the most ample and the completest manner

discharged their duty toward such of their citizens as may have been at

any time aggrieved by acts of the French Government, so also France has

honorably discharged herself of all obligations in the premises toward

the United States. To concede what this bill assumes would be to impute

undeserved reproach both to France and to the United States.

I am, of course, aware that the bill proposes only to provide

indemnification for such valid claims of citizens of the United States

against France as shall not have been stipulated for and embraced in

any of the treaties enumerated. But in excluding all such claims it

excludes all, in fact, for which, during the negotiations, France could

be persuaded to agree that she was in any wise liable to the United

States or our citizens. What remains? And for what is five millions

appropriated? In view of what has been said there would seem to be no

ground on which to raise a liability of the United States, unless it be

the assumption that the United States are to be considered the insurer

and the guarantor of all claims, of whatever nature, which any

individual citizen may have against a foreign nation.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce · 第 186 / 383 题