icles shall
comprehend no debts but such as are due to citizens of the United States
who have been and are yet creditors of France for supplies, for
embargoes, and prizes made at sea in which the appeal has been properly
lodged within the time mentioned in the said convention, 8th
Vendemiaire, ninth year (30th September, 1800).
ART. V. The preceding articles shall apply only, first, to captures of
which the council of prizes shall have ordered restitution, it being
well understood that the claimant can not have recourse to the United
States otherwise than he might have had to the Government of the French
Republic, and only in case of insufficiency of the captors; second, the
debts mentioned in the said fifth article of the convention, contracted
before the 8th Vendemiaire, an 9 (30th 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. It is the express intention
of the contracting parties not to extend the benefit of the present
convention to reclamations of American citizens who shall have
established houses of commerce in France, England, or other countries
than the United States, in partnership with foreigners, and who by
that reason and the nature of their commerce ought to be regarded as
domiciliated in the places where such houses exist. All agreements and
bargains concerning merchandise which shall not be the property of
American citizens are equally excepted from the benefit of the said
convention, saving, however, to such persons their claims in like manner
as if this treaty had not been made.
* * * * *
ART. XII. In case of claims for debts contracted by the Government of
France with citizens of the United States since the 8th Vendemiaire,
ninth year (30th September, 1800), not being comprised in this
convention, may be pursued, and the payment demanded in the same manner
as if it had not been made.
Other articles of the treaty provide for the appointment of agents to
liquidate the claims intended to be secured, and for the payment of them
as allowed at the Treasury of the United States. The following is the
concluding clause of the tenth article:
The rejection of any claim sh
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