International Claims and Disputes

france, united, appointed, french, finally, spoliation, minister and vessels

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Another dispute with Great Britain was over questions affecting the free use of the seas, involving the fur seal arbitration. The United States claimed jurisdiction over the Bering Sea, with power to protect seals outside the three-mile limit. Great Britain disputed both claims. Negotiations for arbitration led to the Convention of 29 Feb. 1892, which referred the controversy to a tribunal of seven arbi trators. This tribunal met in 1893 and decided that the United States had no property rights in fur seals outside the three-mile limit, and prescribed regulations for the protection of seals for five years, by joint action.

Other disputes with Great Britain Were those of the Northeastern Boundary, settled by the Webster-Ashburton Treaty in 1842; the Alaskan Boundary, settled by a commission 20 Oct. 1903, largely in favor of the United States, and the North Atlantic Coast Fisheries, settled by The Hague Court, 7 Sept. 1910.

The United States has had several disputes with France involving principally the question of claims arising from the destruction or cap ture of American ships during the Napoleonic Wars. On 22 April 1793, Washington issued his proclamation of neutrality, but it was con stantly violated by the fitting out of privateers, the condemnation of prizes by French consuls sitting as courts of admiralty and by the capture of vessels within the jurisdiction of the United States. The matter was complicated by the varying interpretations given to the treaty with France made in 1778, by Genet, the French Minister, and by the American government. Be sides the claims arising from the destruction of vessels within the jurisdiction of the United States some of our ships were captured or destroyed on the high seas by French privateers. James Monroe was appointed Minister to France by Washington in 1794 with instructions to demand compensation for captures and spoliation of property of Americans by French cruisers. Monroe was recalled and in 1796 Charles Cotesworth Pinckney was appointed Minister with instructions to press the claims for spoliation, but the Directory then in power refused to recognize a Minister from the United States. Meantime captures, confiscations and condemnation of vessels and cargoes occurred. A special mission was appointed by President Adams in 1797 consisting of Charles Cotesworth Pinckney, John Marshall and Elbridge Gerry, who were instructed to secure a settlement of the spoliation claims, but they were unsuccess ful.

Finally the mission composed of Elsworth, Davie and Murray, appointed 25 Feb. 1799, was instructed to secure compensation for all cap tures and condemnations of vessels contrary to the law of nations. Napoleon appointed plenipotentiaries to negotiate and a convention was signed 30 Sept. 1800, providing for a future settlement and this was finally ratified by the Senate and the French government. In con nection with the treaty of 30 April 1803, ceding Louisiana to the United States, two conventions were signed, one of which provided for the settlement of the spoliation claims. Commis sioners were appointed, 18 May 1803, who sat at Paris, examined the claims and made awards. This was known as the French Indemnity of 1803. The amount finally paid by France was $3,750,000.

The various decrees issued by Napoleon in retaliation for England's Orders in Council, especially those of Berlin, Milan and Ram bouillet, resulted in the capture or confiscation of a large number of ships and their cargoes. The loss to Americans in consequence of the Rambouillet decree has been estimated to have been no less than $10,000,000. Between 1816 and 1829 several attempts were made by Ameri can Ministers to France to settle these spoliation claims. Finally the American Minister, Mr. William C. Rives, succeeded in persuading France to agree to the payment of 25,000,000 francs in six instalments, with interest on each from the date of the convention. Ratifications were exchanged at Washington, 2 Feb. 1832, and three commissioners were appointed by Act of Congress, 13 July 1832, to receive and examine claims. The labors of the commission proved to be very onerous and the whole period of its duration was about three years and five months. It reported, 7 June 1834, a list of claims presented, 3,148, of which 1,567 were allowed and 1,581 disallowed. Considerable difficulty and delays arose in connection with the payment of the six annual instalments by France, which led to threats by Jackson and recommendation of reprisals and finally to the breaking of diplomatic relations between the two countries. Friendly relations were re stored, however, and the amount finally re ceived from France with interest was $5,558, 108.07.

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