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INTERNATIONAL ARBITRATIONS TO WHICH THE UNITED STATES
HAS BEEN A PARTY,
APPENDICES CONTAINING THE TREATIES RELATING TO SUCH
MENT OF INTERNATIONAL CLAIMS.
JOHN BASSETT MOORE, Hamilton Fish Professor of International Law and Diplomacy, Columbia Universily, New York; Associate of the Institute of International Law; sometime Assistanl Secretary of State of the United States, author of a work on Extradition and Interstate Rendition, of American
Notes on the Conflict of Laws, etc.
DOMESTIC COMMISSIONS FOR THE ADJUSTMENT OF
Chapter A. French Indemnity: Convention of April 30, 1803.
B. French Indemnity: Convention of July 4, 1831.
4397 5627_VOL. 5
FRENCH INDEMNITY: CONVENTION OF APRIL 30, 1803.
At the close of the American Revolution the relations Treaties of 1778. between the United States and France were regulated
by two treaties, one of amity and commerce and the other of alliance, both of which were concluded on the 6th of February 1778. Before the end of the century various provisions in these treaties became the subject of international discussion. These provisions will be cited in the narration of the disputes that arose concerning them; but it inay be useful now to refer to some of them, which figure most prominently in the history of subsequent events.
By Article XVII. of the treaty of amity and commerce, Treatment of Prizes. it was provided that the ships of war and privateers of
either party might, in time of war, freely carry their prizes into the ports of the other party; that such prizes should not, when so brought in,“ be arrested or seized"; that they should not be subject to "searcb," or to " examination” as to their “lawfulness;" but that they might be taken away at any time to the places expressed in the commissions of their captors, which commissions the captors should be obliged to show. On the other hand, it was provided that "no shelter or refuge" should be given by either party to vessels which had “made prize of the subjects, people or property” of the other party; but that such vessels, if forced in by “stress of weather, or the danger of the sea,” should be required to depart “as soon as possible.”
By Article XXII. of the same treaty it was provided Foreign Privateers. that neither party should permit privateers having
commissions from any prince or state in enmity with the other party, to fit out in its ports, or to sell their prizes, or even to purchase victuals, except such as should be necessary for a voyage to the next home port.
ds. By Article XXIII, it was provided that free ships Free Ships, Free Goods.
should make free goods.
By Article XI. of the treaty of alliance, which was The Alliance. described (Article II.) as a “defensive alliance," the
"essential and direct end” of which was “ to maintain effectually the liberty, sovereignty and independence” of the United States “as well in matters of government as in commerce," the United States, in return for the guaranty of “their liberty, sovereignty and independence, * * * and also their possessions,” guaranteed “to His Most Christian Majesty the present possessions of the Crown of France in America, as well as those which it may acquire by the future treaty of peace.” And in order to fix more precisely the sense and application" of