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The French Spoliation Claims. Part III

Published online by Cambridge University Press:  04 May 2017

George A. King
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Extract

The jurisdictional act of 1885 provides

That the provisions of this act shall not extend to such claims as were embraced in the convention between the United States and the French Republic concluded on the 30th day of April, 1800.

The question has sometimes been asked, whether these French spoliation claims were not pressed by our government against France after the conclusion of the treaty of September 30, 1800, which has always been relied upon as surrendering the rights of these claimants to France for a valuable consideration.

We have seen that Napoleon in ratifiying the convention of 1800, did so with the proviso “that by this retrenchment the two states renounce the respective pretensions, which are the object of the said article,” that is, “the indemnities mutually due, or claimed.” The claims here referred to were, on our side, for seizure of our ships and cargoes.

Type
Research Article
Information
American Journal of International Law , Volume 6 , Issue 4 , October 1912 , pp. 830 - 857
Copyright
Copyright © American Society of International Law 1912

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References

1 23 Statutes at Large, 283; Opinions, 1912, p. 7.

The volume referred to throughout this article as Opinions, 1912, is as follows:

“Opinions of the Court of Claims in French Spoliation Cases, 1886 to 1911, Court of Claims Reports, Volumes 21 to 46 and Digest of Opinions, printed for Committee on War Claims, House of Representatives, Washington, 1912.”

2 American Journal of International Law, April, 1912, p. 309.

3 S. Rep. No. 41, 38th Cong., 1st Sess., reprinted in Compilation of Reports of Committee on Foreign Relations, United States Senate, 1789-1901, Vol. 1, pp. 307-309.

4 S. Doc. No. 102, 19th Cong., 1st Sess., p. 703.

5 Ibid., pp. 704-706.

6 Ibid., p. 717.

7 23 Statutes at Large, 283; Opinions, 1912, p. 7.

8 Ship Hope, 27 C. Cls. 122, Opinions, 1912, p. 203; Ship Apollo, 35 C. Cls. 411, Opinione, 1912, p. 277; Public Treaties, 1875, p. 715.

9 Ship Star, 35 C. Cls. 387, Opinions, 1912, p. 266; Schooner Two Cousins, 42 C. Cls. 436, Opinions, 1912, p. 521.

10 Public Treaties of the United States, 1875, p. 245.

11 Compilation of Reports of Committee on Foreign Relations, United States Senate, 1789-1901, p. 310.

12 Schooner Sally, 21 C. Cla. 340, Opinions, 1912, pp. 25-62; Schooner Two Cousins, 42 C. Cls. 446, Opinions, 1912, p. 521.

13 Schooner John, 22 C. Cls. 408, 457-459, Opinions, 1912, p. 99; Schooner Nancy, 37 C. Cls. 401, Opinions, 1912, 388; Schooner Two Cousins, 42 C. Cls. 436, Opinions, 1912, p. 521.

14 Ship Hiram, 41 C. Cls. 12, Opinions, 1912, p. 491; Brig Philanthropist, 47 C. Cls. Opinions, 1912, 582.

15 21 C. Cls. 434, 442, 443, Opinions, 1912, p. 72.

16 25 C. Cls. 110, 114, Opinions, 1912, pp. 182, 255.

17 35 C. Cls. 406, 408, Opinions, 1912, p. 274.

18 36 C. Cls. 39, 41 C. Cls. 106, Opinions, 1912, pp. 303, 497.

19 39 C. Cls. 39, Opinions, 1912, p. 439.

20 Section 3, 23 Statutes at Large, 283, Opinions, 1912, p. 7.

21 46 C. Cls. 291, 297, Opinions, 1912, pp. 443, 577.

22 American Journal of International Law, April, 1912, p. 379.

23 Ship Betsey, 23 C. Cls. 277, 278, Opinions, 1912, p. 158.

24 33 Statutes at Large, 780.

25 Ship Joanna, 26 C. Cls. 253, 254, Opinions, 1912, p. 189.

26 28 C. Cls. 480, 482, Opinions, 1912, p, 239.

27 American Journal of International Law, April, 1912, p. 359.

28 House Report No. 3925, 59th Cong., 1st Sees., p. 5.

29 Ibid., pp. 3-5.

30 H. Rep. No. 288, 62nd Cong., 2nd Sess.

31 S. Rep. No. 770, 62nd Cong., 2nd Sess.

32 S. Rep. No. 770, 62nd Cong., 2nd Sesa., Part 2, pp. 14, 15.

33 Cong. Ree, 60th Cong., 1st Sess., Part 5, p. 4459.

34 Public Treaties of the United States, 1875, pp. 269-282.

35 Report of Her Majesty’s Agent of the Proceedings and Awards of the Mixed Commission on British and American Claims, Established under the Treaty of 1871, pp. 106, 107.

36 Moore’s International Arbitrations, Vol. 5, p. 4516.

37 American Journal of International Law, July, 1912, pp. 629-634.

38 2 Wall. 135.

39 Report of Her Majesty’s Agent of Proceedings and Awards of Mixed Commission on British and American Claims, London, 1874, pp. 124-133.

40 5 Wall. 517.

41 Ibid., pp. 107-113.

42 Foreign Relations, 1900, p. XXI.

43 Foreign Relations, 1900, pp. 585, 586.

44 Printed as Appendix I to the Foreign Relations of the United States for 1902.

45 Foreign Relations, 1902, Appendix I, p. 453.

46 Cong. Rec., 61st Cong., 3d Sees., Part 1, p. 368.

47 2 Cranch, 64, 125, 126.

48 2 Wheaton, 327.

49 8 Wall. 377, 386.

50 S. Doc. No. 102, 19th Cong., 1st Sees., 430.