France for indemnities, and for a recognition and renewal of the ancient _ treaties, the original sine qua non on the part of France, were reserved by the following article : “ Art. 2. The Ministers Plenipotentiary of the two parties not being able to agree at present respecting the Treaty of Alliance of the 6th of February, 1778, the Treaty of Amity and Commerce of the same date, and the Convention of the 14th of November, 1788, nor upon the indemnities mutually due or claimed, the parties will negotiate further on those subjects.at a convenient time; and until they may have agreed upon these points, the said Treaties and Conventions shall have no operation, and the relations of the two countries shall be i^gulated as follows.” The United States amended the new compact by striking out this second article altogether, and by adding a new one which limited its duration to' eight years. Bonaparte, First Consul, accepted the amendments, with an explanation, in these words: “ Provided, That by this retrenchment the two States renounce their respective pretensions which are the objects of the said (second) article.” The United States assented, and the compact was ratified as thus mutually amended. This is the Convention of 1800. “ The pretensions ” which France thus relinquished were claims for indemnities for violations of the ancient treaties by the United States, together with a continuance and a renewal of those treaties; and the “ pretensions” which the United States thus renounced were the claims for indemnities for spoliations upon the property of American merchants, which are the subjects of the bill now before the Senate of the United States. Mr. President, this review discloses— First. That on the 16th day of February, 1778, and on the 14th November, 1788, the United States and France entered into reciprocal political and commercial engagements mutually beneficial. Secondly. That, previously to the 30th of September, 1800, France violated her engagements by committing depredations, in which merchants, citizens of the United States, sustained damages to the amount of twenty millions of dollars, of which, after allowing all claims adjusted, there still remains the sum of ten millions of dollars, exclusive of interest. Thirdly. That the United States negotiated with France for payment of those damages, and also for a release from their ancient obligations ; and that France conceded the claims for damages, but demanded national indemnities for a violation of the treaties by the United States, and also a continuance and renewal of them. Fourthly. That the United States renounced their claims for damages, in consideration of a release by France of the treaties, and of her claims for damages. Fifthly. That thus the United States confiscated ten millions of private property of their merchants, and applied it to the purchase of national benefits, under a Constitution which declares that private property shall not be taken for public uses without just compensation to its owners. It seems to result from these facts, that the United States became immediately liable to pay to the American merchants the sums before due to them by France ; and as this obligation was assumed by the United States in lieu of their ancient engagements with France, undertaken to secure the establishment of the national liberty and independence, it becomes in equity invested with their sacredness and sanctions, and therefore ought to be regarded as a debt incurred for the attainment of the sovereignty, liberty, and independence of the United States.
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