The French Spoliation Claims

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U.S. Government Printing Office, 1916 - 52 strani
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Stran 35 - The renunciation of the United States will extend to all the injuries mentioned in the convention of the llth of August, 1802. " 2. To all claims on account of prizes made by French privateers, and condemned by French consuls, within the territory and jurisdiction of Spain.
Stran 7 - It shall be lawful for the ships of war of either party, and privateers, freely to carry whithersoever they please, the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the admiralty or any other judges ; nor shall such prizes be arrested or seized...
Stran 31 - By the maritime law of nations universally and immemorially received, there is an established method of determination, whether the capture be, or be not, lawful prize. Before the ship or goods can be disposed of by the captor there must be a regular judicial proceeding wherein both parties may be heard, and condemnation thereupon as prize in a Court of Admiralty, judging by the law of nations and treaties. The proper and regular Court for these condemnations is the Court of that state to whom the...
Stran 34 - 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...
Stran 6 - States their liberty, sovereignty, and independence, absolute and unlimited, as well in matters of government as commerce, and also their possessions, and the additions or conquests that their confederation may obtain during the war, from any of the dominions now, or heretofore possessed by Great Britain in North America, conformable to the 5th and 6th articles above written, the whole as their possessions shall be fixed and assured to the said States, at the moment of the cessation of their present...
Stran 12 - The government of the United States having added to 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...
Stran 15 - This conduct of the French republic would well have justified an immediate declaration of war on the part of the United States ; but, desirous of maintaining peace, and still willing to leave open the door of reconciliation with France, the United States contented themselves with preparations for defence, and measures calculated to protect their commerce.
Stran 12 - When that convention was laid before the Senate, it gave its consent and advice that it should be ratified, 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 the ratifications...
Stran 33 - The debts due by France to citizens of the United States contracted before the 8th of Vendemiaire, ninth year of the French Republic (30th September, 1800) shall be paid according to the following regulations, with interest at six per cent. to commence from the periods when the accounts and vouchers were presented to the French Government.
Stran 34 - ART. 5. The preceding articles shall apply only, 1st, to captures of which the council of prizes shall have ordered restitution, it being well understood that the claimant cannot have recourse to the United States otherwise than he might have had to the government of the French republic, and only in case of the insufficiency of the captors...

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