founded upon contracts, for articles of the first necessity, furnished when the want of them would have plunged France in the utmost distress." Moreover, it was, he said, to be remembered that while Great Britain was "of late, very amply compensating by full payment of principal, interest, and damages, for any illegal capture made during the war; while compensation for those which fell under that description in France have in a great measure, been given up by the late convention; and that due for the remaining few, which ought to have been satisfied by that treaty, have been eluded by some very extraordinary decisions of the Council of Prizes, or by that delay which all the claims of American citizens have hitherto met with." a Louisiana cession. In January, 1803, Monroe was joined with Livingston in the mission to France." Before he reached Paris Bonaparte, who desired funds for the approaching war with Great Britain, had determined to sell not only New Orleans, but the whole of Louisiana. Monroe arrived in time to participate in the final negotiations, which were protracted by discussions as to the price to be paid for the cession. On the 30th of April, 1803, a "treaty" and two "conventions" were signed. The treaty ceded Louisiana to the United States. One of the conventions provided for the payment by the United States to France of the sum of 60,000,000 franes; the other, for the payment by the United States of "debts" due by France to citizens of the United States, to an amount not to exceed the sum of 20,000,000 francs. "The report to which it refers, that the British Government had cautioned ours not to pay the money for Louisiana, for that they meant to take possession of it, is utterly destitute of foundation. The British Government has, on the contrary, expressed its satisfaction with the cession, and, although the terms of it might not at the time be particularly known, yet as a price was to be presumed, and as the bargain was made bona fide, and even communicated prior to the commencement of hostilities, there can be no pretext whatever for complaint, nor is there the least ground for supposing that it will take place." Mr. Madison, Sec. of State, to Mr. Paine (unofficial), Aug. 20, 1803, 2 Much unpublished correspondence in August and September, 1803, be- a Am. State Papers, For. Rel. II. 538. Id. 475. c Adams History of the United States, II. chap. 1. between Mr. Livingston and Mr. Monroe and other circumstances See, as to the acquisition of Louisiana, supra, § 101; Hunt's Life of As to the distribution of the French indemnity, in connection with the A convention of navigation and commerce was concluded between the United States and France June 24, 1822. Message of President J. Q. Adams, Dec. 10, 1822, Am. State Papers, For. By the treaty of July 4, 1831, "France was to pay 25,000,000 francs in full satisfaction of the American claims; the United States were to pay 1,500,000 francs in satisfaction of certain French claims; the United States were to reduce the duties on French wines; and France, in consideration of the latter agreement was to relinquish its claims. and reclamations respecting the 8th article of the treaty of cession of Louisiana." Davis, Notes, Treaty Volume (1776-1887), 1310. For the history of the treaty of 1831, and of the distribution of the in- The following matters in relation to France may be noticed: Trade relations with France under the reciprocity arrangement of May Unratified reciprocity convention of July 24, 1899, S. Doc. 225, 56 Cong. 1 sess. Admission of foreigners into French government schools, For. Rel. 1897, 173. Burial place of Paul Jones, For. Rel. 1899, 276–279. Lafayette statue, provided by contributions of American school children and an appropriation by Congress, unveiled at Paris, July 4, 1900, For. Rel. 1900, 456. See, also, id. 468. Laying of corner stone of monument to Marshal Rochambeau, at Vendôme, France, For. Rel. 1900, 471. Condolences on the assassination of President Carnot, President Cleveland annual message, Dec. 3, 1894. 2. TREATY DECISIONS. $ 822. Under Article XIX. of the treaty of commerce of 1778, a French privateer has a right to make repairs in our ports, as the replacement of her force is not an augmentation. Moodie r. The l'habe Anne, 3 Dall. 319. An American vessel which carried the passport or sea letter prescribed by Article XXV. of the treaty with France of 1778 was entitled to be treated by French cruisers and French courts as enjoying the benefit, under Article XXIII. of the treaty, of the rule of free ships free goods, and could not properly be condemned for want of evidence of neutrality. The James and William (1902), 37 Ct. Cl. 303. The treaty between the United States and France of 1778 enabled. the subjects of France to purchase and hold lands in the United States. Chirac v. Chirac, 2 Wheat. 259. See Carneal v. Banks, 10 Wheat. 181; also, 5 Lodge's Hamilton, 49. The refusal of a district judge to issue a warrant under the 9th article of the convention between France and the United States, of 1788, can not be interfered with by the Supreme Court; the latter having no control over a district judge exercising legal discretion. Bradford, At. Gen., 1795, 1 Op. 55. Marshals are not required by law to execute the sentence of a French consul pronounced under the 12th article of the treaty of 1788, relating to protests of masters, etc. Bradford, At. Gen., 1794, 1 Op. 43. A final condemnation in an inferior court of admiralty, where a right of appeal exists and has been claimed, is not a definitive condemnation within the meaning of article 4 of the convention with France of September 30, 1800. United States v. Schooner Peggy, 1 Cranch, 103. Under the provisions of the convention with France of 1800, the United States are not bound to protect demands for freight where individuals have transported articles for the French government or for its citizens, since they are within no provision of the convention. Lincoln, At. Gen., 1803, 1 Op. 136. Incomplete Spanish titles were not rendered complete by the treaty by which Louisiana was acquired; the government of the United States succeeded to the powers and duties of the crown of Spain as to confirmation of such titles, and where there were two adverse claimants might select between them and make a perfect title to one and exclude the other. Chouteau r. Eckhart, 2 How. 344. See, also, McDonough . Millaudon, 3 How. 693. Article III. of the treaty with France ceding Louisiana to the United States has no bearing on the question of title of the State of Iowa to the land beneath its lakes. Iowa v. Rood (1902), 187 U. S. 87. The 7th article of the treaty with France of Feb. 23, 1853, has relation only to rights of inheritance subsequently acquired. Provost v. Greneaux, 19 How. 1. See, to the same effect, Succession of The United States and France having differed as to whether the reciprocal arrangement of May 28, 1898, which provided that reduced rates of duty should be charged on articles "the product of the soil or industry of France," applied to Algiers, a supplemental arrangement was concluded on August 20, 1902, by which it was stipulated that the arrangement of 1898 should apply" to Algeria and the island of Porto Rico." Held, that by the supplemental arrangement France in effect abandoned the contention that the arrangement of 1898 applied to Algeria, so that the products of Algeria were entitled to the lower rates of duty only after the arrangement of 1902 took effect. United States v. Tartar Chemical Co. (1903), 127 Fed. Rep. 944, 62 C. C. A. 576, reversing 116 Fed. Rep. 726. The reciprocal commercial agreement between the United States and France of May 30, 1898, includes the cordial known as "Chartreuse," the word "liqueurs" appearing in the French, though not in the English, text of the agreement. Nicholas v. United States (1900), 122 Fed. Rep. 892. XVIII. GERMANY. § 823. "Overtures for a treaty of commerce and navigation were made to John Adams by M. de Thulemeier, Prussian envoy to The Hague, on the 18th of February, 1784. Adams replied that he could do nothing but in concurrence with Mr. Franklin and Mr. Jay, who were at Paris, but that he thought he could answer for the good disposition of those gentlemen, as well as of his own.' Franklin and Jay concurred in desiring to negotiate such an instrument, and Adams proposed to Thulemeier that the then recently negotiated treaty with Sweden. should be taken as the model of the proposed instrument. Thulemeier adopted the suggestion, and in the following April sent Adams a projét based upon it, which Adams transmitted to the President of Congress. "On the 7th of the following June Adams transmitted to the Presi dent of Congress an account of the negotiations, with his observations upon the Prussian projét. On the 3d of that month, however, Adams, Franklin, and Jefferson had been invested by Congress with a general power to conclude treaties of amity and commerce with various powers in Europe, among others with Prussia; and they notified Thulemeier that they were ready to consider and complete the plan of a treaty' which he had already transmitted. "Thulemeier communicated this to his Government, and received a 'full power to conclude a treaty of commerce and friendship between Prussia and the United States.' The negotiations were conducted with great rapidity, under the circumstances. Franklin left Passy on the 12th of July, 1785, for America. The French text of the treaty at the time of his signature had not reached Paris, and he signed only the English text. The French draft reached Paris several days later, and was copied, by Jefferson's directions, into the instruments which Franklin had signed. Then Jefferson signed the documents, and Short took them to Adams, in London, for his signature. Short then went to The Hague to secure Thulemeier's signature to the treaty, and its exchange. "On the 11th of July, 1799, when this was about to expire by its own limitation, a new treaty was concluded by John Quincy Adams, at Berlin, which his father, the President, communicated to Congress on the 22d of November, 1800. This also expired in ten years from the exchange of ratifications, in the midst of the wars of Napoleon. "In 1828 a new treaty of amity and commerce with Prussia was concluded, which is still in force. The fourteenth article makes provision for the disposition and the succession of both personal and real estate in each country by citizens of the other. Attorney-General Cushing said of this, there is a stipulation of treaty, constitutional in substance and form; which, as such, is the supreme law of the land; and which abrogates any incompatible law of either of the States. In the circumstances suggested by the Baron von Gerolt, it is an act of mere duty and of simple good faith on our part to assure him that such is the law."" Davis, Notes, Treaty Volume (1776-1887), 1377. "The treaty [of 1845 with Bavaria] was submitted to the Senate, and ratified by it on the 15th of March, 1845, with an amendment striking out from the third article the words real and.' The copy for exchange, with this amendment, was sent to Mr. Wheaton, and a copy was transmitted by him to the Bavarian minister at Berlin; and after long deliberation the amendment was accepted by the Bavarian government." Davis, Notes, Treaty Volume (1776–1887), 1248. |