TO JOHN JAY.
Paris, September 3, 1788.
Sir,
By Mrs. Barclay I had the honor of sending you letters of the 3rd, 10th, and 11th of August; since which, I wrote you of the 20th of the same month, by a casual conveyance, as is the present.
In my letter of the 20th, I informed you of the act of public bankruptcy which had taken place here. The effect of this would have been a forced loan of about one hundred and eighty millions of livres, in the course of the present and ensuing year. But it did not yield a sufficient immediate relief. The treasury became literally moneyless, and all purposes depending on this mover came to a stand. The Archbishop was hereupon removed, with Monsieur Lambert, the Comptroller General; and Mr. Necker was called in, as Director General of the finance. To soften the Archbishop’s dismission, a cardinal’s hat is asked for him from Rome, and his nephew promised the succession to the Archbishopric of Sens. The public joy, on this change of administration, was very great indeed. The people of Paris were amusing themselves with trying and burning the Archbishop in effigy, and rejoicing on the appointment of Mr. Necker. The commanding officer of the city-guards undertook to forbid this, and not being obeyed, he charged the mob with fixed bayonets, killed two or three, and wounded many: this stopped their rejoicings for that day; but enraged at being thus obstructed in amusements wherein they had committed no disorder whatever, they collected in great numbers the next day, attacked the guards in various places, burnt ten or twelve guard-houses, killed two or three of the guards, and had about six or eight of their own number killed. The city was hereupon put under martial law, and after a while, the tumult subsided, and peace was restored. The public stocks rose ten per cent, on the day of Mr. Necker’s appointment: he was immediately offered considerable sums of money, and has been able so far to wave the benefit of the act of bankruptcy, as to pay in cash all demands, except the remboursements des capitaux. For these, and for a sure supply of other wants, he will depend on the States General, and will hasten their meetings, as is thought. No other change has yet taken place in the administration. The minister of war, however, must certainly follow his brother, and some think, and all wish, that Monsieur de Lamoignon, the Garde des Sceaux, may go out also. The administration of justice is still suspended. The whole kingdom seems tranquil at this moment.
Abroad, no event worth noting has taken place since my last. The court of Denmark has not declared it will do any thing more, than furnish the stipulated aid to Russia. The King of Prussia has as yet made no move, which may decide whether he will engage in the war, nor has England sent any squadron into the Baltic. As the season for action is considerably passed over, it is become more doubtful, whether any other power will enter the lists till the next campaign; this will give time for stopping the further progress of the war, if they really wish to stop it. Two camps of twenty-five thousand men each are forming in this country on its northern limits. The Prince of Conde has the command of one, and the Duke de Broglio of the other.
I trouble you with the enclosed letter from a Henry Watson, claiming prize monies, as having served under Admiral Paul Jones, which I suppose should go to the treasury, or war-office.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble; servant,
Th: Jefferson,
TO THE COMMISSIONERS OF THE TREASURY.
Paris, September 6, 1788.
Gentlemen,
Your favor of July the 3rd came to hand some days ago, and that of July the 22nd in the afternoon of yesterday. Knowing that a Mr. Vannet was to leave Paris this morning to go to Virginia in a vessel bound from Havre to Potomac, I have engaged him to receive the papers which are the subject of those letters, to take care of them from thence to Havre, and on the voyage; and when he shall have arrived in Potomac, instead of going directly to Richmond, as he intended, he will proceed with them himself to New York. I shall pay here all expenses to their delivery at the ship’s side in America, freight included: unless, perhaps, he may find it necessary to put another covering over them, if he should not be able to get them into the cabin; in this case, you will have to reimburse him for that. I engage to him that you shall pay him their transportation from the ship’s side to New York, and his own reasonable expenses from the place of his landing to New York, and back to the place of landing. As he takes that journey for this object only, it would be reasonable that you give him some gratuity for his time and trouble, and I suppose it would be accepted by him; but I have made no agreement for this. The papers are contained in a large box and a trunk. They were sent here by Mr. Ast, during my absence in Holland. When they arrived at the gates of Paris, the officers of the customs opened the trunk, to see whether it contained dutiable articles; but finding only books and papers, they concluded the contents of the box to be of the same nature, and did not open that. You receive it, therefore, as it came from the hands of Mr. Ast. A small trunk, which came as a third package from Mr. Ast, and which has never been opened, I have put into the great trunk, without displacing, or ever having touched a single paper, except as far as was necessary to make room for that. I shall have the whole corded and plumbed by the Custom-house here, not only to prevent their being opened at the Custom-houses on the road, and at the port of exportation, but to prove to you, whether they shall have been opened by any body else after going out of my hands. If the stamped leads are entire, and the cords uncut, when you receive them, you will be sure they have not been opened; they will be wrapt in oil-cloth here to guard them against the damps of the sea; and, as I mentioned before, Mr. Vannet will put them under another covering, if he finds it necessary, at Havre.
At the same time with your last letter, I received from the office of Foreign Affairs the ratification by Congress of the loan of 1788, for another million of guilders. As the necessity of this loan resulted from the estimate made by Mr. Adams and myself, which estimate was laid before Congress, I suppose their ratification of the loan implies that of the estimate. One article of this was for the redemption of our captives at Algiers. Though your letter says nothing on this subject, I am in hopes you have sent orders to the commissioners of the loans at Amsterdam to furnish, as soon as they shall have it, what may be necessary for this pressing call. So also for the foreign officers. If the ratification of the loan has been made by Congress, with a view to fulfil the objects of the estimate, a general order from you to the commissioners of the loans at Amsterdam, to pay the monies from time to time, according to that estimate, or to such other as you shall furnish them with, might save the trouble of particular orders on every single occasion, and the disappointments arising from the delay or miscarriage of such orders: but it is for you to decide on this.
I have the honor to be, with sentiments of the most perfect respect, Gentlemen, your most obedient and most humble servant,
Th: Jefferson.
TO THE COUNT DE MONTMORIN.
Paris, September 11, 1788.
Sir,
In the course of the last war, the house of Schweighaeuser and Dobree of Nantes, and Puchilberg of L’Orient, presented to Dr. Franklin a demand against the United States of America. He, being acquainted with the circumstances of the demand, and knowing it to be unfounded, refused to pay it. They thereupon procured seizure, by judiciary authority, of certain arms and other military stores which we had purchased in this country, and had deposited for embarkation at Nantes: and these stores have remained in that position ever since. Congress have lately instructed me to put an end to this matter. Unwilling to trouble your Excellency, whenever it can be avoided, I proposed to the parties to have the question decided by arbitrators, to be chosen by us jointly. They have refused it, as you will see by their answers to my letters, copies of both which I have the honor to enclose you. I presume it to be well settled in practice, that the property of one sovereign is not permitted to be seized within the dominions of another; and that this practice is founded not only in mutual respect, but in mutual utility. To what the contrary practice would lead, is evident in the present case, wherein military stores have been stopped, in the course of a war, in which our greatest difficulties proceeded from the want of military stores. In their letter, too, they make a merit of not having seized one of our ships of war, and certainly the principle which admits the seizure of arms, would admit that of a whole fleet, and would often furnish an enemy the easiest means of defeating an expedition. The parties obliging me, then, to have recourse to your Excellency on this occasion, I am under the necessity of asking an order from you for the immediate delivery of the stores and other property of the United States at Nantes, detained by the house of Schweighaeuser and Dobree, and that of Puchilberg, or by either of them, under a pretence of a judicial seizure.
I have the honor to be, with sentiments of the most perfect respect and esteem, your Excellency’s most obedient and most humble servant,
Th: Jefferson.
TO M. DE REYNEVAL.
Sir,
Paris, September 16, 1788.
I have the honor now to enclose you my observations on the alteration proposed in the consular convention. There remain only three articles of those heretofore in question between us, to which I am unable to agree; that is to say, the second, proposing still to retain personal immunities for the consuls, and others attached to their office; the eighth, proposing that the navigation code of each nation shall be established in the territories of the other; and the ninth, insisting that the ship’s roll shall be conclusive evidence that a person belongs to the ship.
There are several new matters introduced into the draught: some of these are agreed to; others cannot be admitted, as being contrary to the same principles which had obliged me to disagree to some of the former articles. The greatest part of the eleventh, and the whole of the twelfth new articles, are in this predicament. They propose, that no person shall be arrested on board a merchant vessel, for any cause, but in presence of the consul; that no such vessel shall be visited, but in his presence; and that when the officers of justice have reason to believe that a criminal has taken refuge on board a vessel of war, the captain’s word shall be conclusive evidence that he is not there.
To the objections which I had the honor of stating in my letter to his Excellency, the Count de Montmorin, I have now that of adding some other observations, of which I request your perusal. I enclose with them a draught, on the basis of the one you were pleased to give me, altered so as to reconcile it to the spirit of our laws.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
TO THE MARQUIS DE LA ROUERIE.
Paris, September 16,1788.
Sir,
On receiving the first letters which you did me the honor to write to me on the arrears due to you from the United States, I informed you that I had nothing to do in the money department; that the subject of your letters belonged altogether to the treasury board, and to Mr. Grand, their banker here, to the former of whom I forwarded your letters. As I felt an anxiety, however, that the foreign officers should be paid, I took the liberty of pressing the treasury board, from time to time, to exert themselves for that effect; and I availed myself of an opportunity which occurred last spring, of setting on foot measures, which, with their approbation, might furnish the means of effecting this payment. So far my information to you went, and I added a supposition, that the treasury board would probably give orders on the subject, in the course of the month of July. But I made you no promise; it would have been strange if I had; nor does my office, nor any thing I have ever said or done, subject me to the demand of immediate payment, which you are pleased to make on me, nor call on me for any declaration or answer, positive or negative.
Finding that my interference, which was friendly only, and avowed to be inofficial, has given occasion to your letter of yesterday, in a style which I did not expect, and to which I can have no motive for further exposing myself, I must take the liberty of desiring that the correspondence between us on this subject may cease. I presume that the certificate given you points out the person, here or elsewhere, to whom your applications are to be made, and that he will inform you when he receives orders on your subject.
I am, Sir, your humble servant,
Th: Jefferson.
TO WILLIAM SHORT.
Paris, September 20, 1788.
Dear Sir,
The evening of your departure, a letter came by the way of London and New York, addressed to you, and probably from Virginia. I think you wished your American letters to remain here; I shall therefore keep it. The passport now enclosed came the day after your departure; so also did a mass of American letters for me, as low down as August the 10th. I shall give you their substance. The convention of Virginia annexed to their ratification of the new constitution a copy of the State declaration of rights, not by way of condition, but to announce their attachment to them. They added also propositions for specific alterations of the constitution. Among these was one for rendering the President incapable of serving more than eight years, in any term of sixteen. New York has followed the example of Virginia, expressing the substance of her bill of rights (that is, Virginia’s), and proposing amendments: these last differ much from those of Virginia; but they concur as to the President, only proposing that he shall be incapable of being elected more than twice. But I own I should like better than either of these, what Luther Martin tells us was repeatedly voted and adhered to by the federal convention, and only altered about twelve days before their rising, when some members had gone off; to wit, that he should be elected for seven years, and incapable for ever after. But New York has taken another step, which gives uneasiness; she has written a circular letter to all the legislatures, asking their concurrence in an immediate convention for making amendments. No news yet from North Carolina. Electors are to be chosen the first Wednesday in January; the President to be elected the first Wednesday in February; the new legislature to meet the third week in March:—the place is not yet decided on. Philadelphia was first proposed, and had six and a half votes; the half vote was Delaware, one of whose members wanted to take a vote on Wilmington; then Baltimore was proposed and carried, and afterwards rescinded: so that the matter stood open as ever on the 10th of August; but it was allowed the dispute lay only between New York and Philadelphia, and rather thought in favor of the last. The Rhode Island Delegates had retired from Congress. Dr. Franklin was dangerously ill of the gout and stone on the 21st of July. My letters of August the 10th not mentioning him, I hope he was recovered. Warville, &c. were arrived. Congress had referred the decision, as to the independence of Kentucky, to the new government. Brown ascribes this to the jealousy of the northern States, who want Vermont to be received at the same time, in order to preserve a balance of interests in Congress. He was just setting out for Kentucky, disgusted, yet disposed to persuade to an acquiescence, though doubting they would immediately separate from the Union. The principal obstacle to this, he thought, would be the Indian war.
The following is a quotation from a letter from Virginia, dated July the 12th. ‘P———n, though much impaired in health, and in every respect in the decline of life, showed as much zeal to carry the new constitution, as if he had been a young man; perhaps more than he discovered in the commencement of the late revolution,in his opposition to Great Britain. W———e acted as chairman to the committee of the whole, and of course took but little part in the debate; but was for the adoption, relying on subsequent amendments. B———r said nothing, but was for it. The G———r exhibited a curious spectacle to view. Having refused to sign the paper, every body supposed him against it; but he afterwards had written a letter, and having taken a part, which might be called rather vehement than active, he was constantly laboring to show, that his present conduct was consistent with that letter, and that letter with his refusal to sign. M—d—n took the principal share in the debate for it; in which, together with the aid I have already mentioned, he was somewhat assisted by I—nn—s, Lee, M———l, C———n, and G. N———s. M—s—n, H———y, and Gr———n were the principal supporters of the opposition. The discussion, as might be expected, where the parties were so nearly on a balance, was conducted generally with great order, propriety, and respect of either party to the other.’
The assembly of Virginia, hurried to their harvests, would not enter into a discussion of the district bill, but suspended it to the next session. E. Winston is appointed a judge, vice Gabriel Jones, resigned. R. Goode and Andrew Moore, Counsellors, vice B. Starke, dead, and Joseph Egglestone, resigned. It is said Wilson, of Philadelphia, is talked of to succeed Mr. A. in London. Quære?
The dispute about Virgil’s tomb and the laurel, seems to be at length settled, by the testimony of two travellers, given separately, and without a communication with each other. These both say, that attempting to pluck off a branch of the laurel, it followed their hand, being, in fact, nothing more than a plant or bough recently cut, and stuck in the ground for the occasion. The Cicerone acknowledged the roguery, and said they practised it with almost every traveller, to get money. You will, of course, tug well at the laurel which shall be shown you, to see if this be the true solution.
The President Dupaty is dead. Monsieur de Barentin, prémier president de la cour des aides, is appointed Garde des Sceaux. The stocks are rather lower than when you left this. Present me in the most friendly terms to Messrs. Shippen and Rutledge. I rely on your communicating to them the news, and, therefore, on their pardoning me for not repeating it in separate letters to them. You can satisfy them how necessary this economy of my time and labor is. This goes to Geneva poste restante. I shall not write again till you tell me where to write to.
Accept very sincere assurances of the affection, with which I am, Dear Sir, your friend and servant,
Th; Jefferson.
TO JOHN JAY.
Paris, September 24,1788.
Sir,
Understanding that the vessel is not yet sailed from Havre, which is to carry my letters of the 3rd and 5th instant, I am in hopes you will receive the present with them. The Russian accounts of their victories on the Black Sea must have been greatly exaggerated. According to these, the Captain Pacha’s fleet was annihilated; yet themselves have lately brought him on the stage again, with fifteen ships of the line, in order to obtain another victory over him. I believe the truth to be, that he has suffered some checks, of what magnitude it is impossible to say, where one side alone is heard, and that he is still master of that sea. He has relieved Oczakow, which still holds out; Choczim also is still untaken, and the Emperor’s situation is apprehended to be bad. He spun his army into a long cord, to cover several hundred miles of frontier, which put it in the power of the Turks to attack with their whole force wherever they pleased. Laudon, now called to head the imperial army, is endeavoring to collect it; but in the mean time the campaign is drawing to a close, and has been worse than fruitless. The resistance of Russia to Sweden has been successful in every point by sea and land, This, with the interference of Denmark, and the discontent of the Swedish nation; at the breach of their constitution, by the King’s undertaking an offensive war without the consent of the Senate, has obliged him to withdraw his attacks by land, and to express a willingness for peace; one third of his officers have refused to serve. England and Prussia have offered their mediation between Sweden and Russia, in such equivocal terms, as to leave themselves at liberty to say it was an offer, or was not, just as it shall suit them. Denmark is asking the counter-offer of mediation from this court. If England and Prussia make a peace effectually in the north (which it is absolutely in their power to do), it will be a proof they do not intend to enter into the war; if they do not impose a peace, I should suspect they mean to engage themselves; as one can hardly suppose they would let the war go on in its present form, wherein Sweden must be crushed between Russia and Denmark.
The Garde des Sceaux, M. de Lamoignon, was dismissed the 14th instant, and M. de Barentin is appointed in his room. The deputies of Bretagne are released from the Bastile, and M. d’Epermesnil and M. Sabatier recalled from their confinement. The parliament is not yet reinstated; but it is confidently said it will be this week. The stocks continue low, and the treasury under a hard struggle to keep the government in motion. It is believed the meeting of the States General will be as early as January, perhaps December. I have received a duplicate of the ratification of the loan of 1788, by Congress, and a duplicate of a letter of July the 22nd, from the treasury board, on another subject, but none on that of the captives, or foreign officers. I suppose some cause of delay must have intervened between the ratification of Congress, and the consequent orders of the treasury board.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant;
Th: Jefferson,
TO M. DE REYNEVAL.
Paris, October 1, 1788
Sir,
I have now the honor of enclosing to you a copy of the letter of September the 16th, which I had that of writing to his Excellency the Count de Montmorin, with the papers therein referred to, and of soliciting the order I have asked for. The originals were sent at the date before mentioned. Notwithstanding the refusal of the houses of Schweighaeuser and Dobree, and of Puchilberg, to settle their claim against the United States by arbitration, as I proposed to them, the United States will still be ready to do them justice. But those houses must first retire from the only two propositions they have ever made; to wit, either a payment of their demand without discussion, or a discussion before the tribunals of the country. In the mean time, I shall hope an acknowledgment with respect to us, of the principle which holds as to other nations; that our public property here cannot be seized by the territorial judge. It is the more interesting to us, as we shall be more and longer exposed than other nations, to draw arms and military stores from Europe. Our preference of this country has occasioned us to draw them from hence alone, since the peace: and the friendship we have constantly experienced from the government, will, we doubt not, on this and every other occasion, insure to us the protection of what we purchase. I have the honor to be, Sir, your friend and servant,
Th: Jefferson.
Paris, October 2, 1788.
Dear Sir,
I am now to acknowledge the receipt of your favors of the 16th and 23rd ultimo and to thank you for the intelligence they conveyed. That respecting the case of the interrogatories in Pennsylvania, ought to make noise. So evident a heresy in the common law ought not to be tolerated on the authority of two or three civilians, who happened, unfortunately, to make authority in the courts of England. I hold it essential, in America, to forbid that any English decision which has happened since the accession of Lord Mansfield to the bench, should ever be cited in a court: because, though there have come many good ones from him, yet there is so much sly poison instilled into a great part of them, that it is better to proscribe the whole. Can you inform me what has been done by England on the subject of our wheat and flour? The papers say it is prohibited, even in Hanover. How do their whale-fisheries turn out, this year? I hope a deep wound will be given them in that article soon, and such as will leave us in no danger from their competition.
I am, with very great esteem, Dear Sir, your most obedient, humble servant,
Th: Jefferson.
LETTER CLXVII.—TO JOHN JAY, November 14, 1788
TO JOHN JAY.
Paris, November 14, 1788.
Sir,
In my letter of December the 21st, 1787, I had the honor of acknowledging the receipts of your two favors of July the 27th, 1787, which had come to my hands December the 19th, and brought with them my full powers for treating on the subject of the consular convention. Being then much engaged in getting forward the Arrêt which came out the 29th of December, and willing to leave some interval between that act, and the solicitation of a reconsideration of our consular convention, I had declined mentioning it, for some time, and was just about to bring it on the carpet, when it became necessary for me to go to Amsterdam. Immediately after my return, which was about the last of April, I introduced the subject to the Count de Montmorin, and have followed it unremittingly, from that time. The office of Marine, as well as that of Foreign Affairs, being to be consulted in all the stages of the negotiation, has protracted its conclusions till this time: it is at length signed this day, and I have now the honor to enclose the original, for the ratification of Congress. The principal changes effected are the following:
The clauses of the Convention of 1784, clothing consuls with privileges of the law of nations, are struck out, and they are expressly subjected, in their persons and property, to the laws of the land.
That giving the right of sanctuary to their houses, is reduced to a protection of their chancery room and its papers.
Their coercive powers over passengers are taken away; and over those, whom they might have termed deserters of their nation, are restrained to deserted seamen only.
The clause, allowing them to arrest and send back vessels, is struck out, and instead of it, they are allowed to exercise a police over the ships of their nation generally.
So is that, which declared the indelibility of the character of subject, and the explanation and extension of the eleventh article of the treaty of amity.
The innovations in the laws of evidence are done away: and the convention is limited to twelve years’ duration. Convinced that the fewer examples, the better, of either persons or causes unamenable to the laws of the land, I could have wished, still more had been done; but more could not be done, with good humor. The extensions of authority given by the convention of 1784, were so homogeneous with the spirit of this government, that they were prized here. Monsieur de Reyneval has had the principal charge of arranging this instrument with me; and, in justice to him, I must say, I could not have desired more reasonable and friendly dispositions, than he demonstrated through the whole of it.
I enclose herewith the several schemes successively proposed between us, together with the copies of the written observations given in with them, and which served as texts of discussion, in our personal conferences. They may serve as a commentary on any passage which may need it, either now or hereafter, and as a history how any particular passage comes to stand as it does. No. 1. is the convention of 1784. No. 2. is my first scheme. No. 3. theirs in answer to it. No. 4. my next, which brought us so near together, that, in a conference on that, we arranged it in the form in which it has been signed. I add No. 5. the copy of a translation which I have put into their hands, with a request, that if they find any passages in which the sense of the original is not faithfully rendered, they will point them out to me; otherwise, we may consider it as having their approbation. This, and the convention of 1784, (marked No. 1.) are placed side by side, so as to present to the eye, with less trouble, the changes made; and I enclose a number of printed copies of them, for the use of the members, who will have to decide on the ratification. It is desirable that the ratification should be sent here for exchange, as soon as possible.
With respect to the consular appointments, it is a duty on me to add some observations, which my situation here has enabled me to make. I think it was in the spring of 1784, that Congress (harassed by multiplied applications from foreigners, of whom nothing was known but on their own information, or on that of others as unknown as themselves) came to a resolution, that the interest of America would not permit the naming any person not a citizen, to the office of consul, vice-consul, agent, or commissary. This was intended as a general answer to that swarm of foreign pretenders. It appears to me, that it will be best, still to preserve a part of this regulation. Native citizens, on several valuable accounts, are preferable to aliens, and to citizens alien-born. They possess our language, know our laws, customs, and commerce; have, generally, acquaintance in the United States; give better satisfaction; and are more to be relied on, in point of fidelity. Their disadvantages are, an imperfect acquaintance with the language of this country, and an ignorance of the organization of its judicial and executive powers, and consequent awkwardness, whenever application to either of these is necessary, as it frequently is. But it happens, that in some of the principal ports of France, there is not a single American (as in Marseilles, L’Orient, and Havre), in others but one (as in Nantes and Rouen), and in Bordeaux only, are there two or three. Fortunately for the present moment, most of these are worthy of appointments. But we should look forward to future times, when there may happen to be no native citizens in a port, but such as, being bankrupt, have taken asylum in France from their creditors, or young ephemeral adventurers in commerce, without substance or conduct, or other descriptions, which might disgrace the consular office, without protecting our commerce. To avail ourselves of our good native citizens, when we have one in a port, and when there are none, to have yet some person to attend to our affairs, it appears to me advisable to declare, by a standing law, that no person but a native citizen shall be capable of the office of consul, and that the consul’s presence in his port should suspend, for the time, the functions of the vice-consul. This is the rule of 1784, restrained to the office of consul, and to native citizens. The establishing this, by a standing law, will guard against the effect of particular applications, and will shut the door against such applications, which will otherwise be numerous. This done, the office of vice-consul may be given to the best subject in the port, whether citizen or alien, and that of consul, be kept open for any native citizen of superior qualifications, who might come afterwards to establish himself in the port. The functions of the vice-consul would become dormant during the presence of his principal, come into activity again on his departure, and thus spare us and them the painful operation of revoking and reviving their commissions perpetually. Add to this, that during the presence of the consul, the vice-consul would not be merely useless, but would be a valuable counsellor to his principal, new in the office, the language, laws, and customs of the country. Every consul and vice-consul should be restrained in his jurisdiction, to the port for which he is named, and the territory nearer to that than to any other consular or vice-consular port, and no idea be permitted to arise, that the grade of consul gives a right to any authority whatever over a vice-consul, or draws on any dependence.
It is now proper I should give some account of the state of our dispute with Schweighaeuser and Dobree. In the conversation I had with Dobree, at Nantes, he appeared to think so rationally on this subject, that I thought there would be no difficulty in accommodating it with him, and I wished rather to settle it by accommodation, than to apply to the minister. I afterwards had it intimated to him, through the medium of Mr. Carnes, that I had it in idea, to propose a reference to arbitrators. He expressed a cheerful concurrence in it. I thereupon made the proposition to him formally, by letter, mentioning particularly, that we would choose our arbitrators of some neutral nation, and, of preference, from among the Dutch refugees here. I was surprised to receive an answer from him, wherein, after expressing his own readiness to accede to this proposition, he added, that on consulting Mr. Puchilberg, he had declined it; nevertheless, he wished a fuller explanation from me, as to the subjects to be submitted to arbitration. I gave him that explanation, and he answered finally, that Mr. Puchilberg refused all accommodation, and insisted that the matter should be decided by the tribunals of the country. Accommodation being at an end, I wrote to Monsieur de Montmorin, and insisted on the usage of nations, which does not permit the effects of one sovereign, to be seized in the territories of another, and subjected to judiciary decision there. I am promised that the stores shall be delivered; but the necessary formalities will occasion some delay. The King being authorized to call all causes before himself, ours will be evoked from the tribunal where it is, and will be ended by an order to deliver up the stores arrested, leaving it to the justice of Congress, to do afterwards what is right, as to the demand of Schweighaeuser and Dobree. I wish I could receive instructions what to do with the stores, when delivered. The arms had certainly better be sent to America, as they are good, and yet will sell here for little or nothing. The gun-stocks and old iron had better be sold here; but what should be done with the anchors? Being thoroughly persuaded that Congress wish that substantial justice should be done to Schweighaeuser and Dobree, I shall, after the stores are secured, repeat my proposition of arbitration to them. If they then refuse it, I shall return all the papers to America, and consider my powers for settling this matter as at an end.
I have received no answer yet from Denmark on the subject of the prizes; nor do I know whether to ascribe this silence to an intention to evade the demand, or to the multitude of affairs they have had on their hands lately. Patience seems to be prudence, in this case; to indispose them, would do no good, and might do harm. I shall write again soon, if no answer be received in the mean time.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble
servant,
Th: Jefferson.
Convention between his Most Christian Majesty and the United States of America, for the purpose of defining and establishing the Functions and Privileges of their respective Consuls and Vice-Consuls.
His Majesty the Most Christian King, and the United States of America, having, by the twenty-ninth article of the treaty of amity and commerce concluded between them, mutually granted the liberty of having, in their respective States and ports, Consuls, Vice-Consuls, Agents, and Commissaries, and being willing, in consequence thereof, to define and establish, in a reciprocal and permanent manner, the functions and privileges of Consuls and Vice-Consuls, which they have judged it convenient to establish of preference, his M. C. Majesty has nominated the Sieur Count of Montmorin of St. Herent, Marechal of his Camps and Armies, Knight of his Orders and of the Golden Fleece, his Counsellor in all his Councils, Minister and Secretary of State, and of his Commandments and Finances, having the department of foreign affairs, and the United States have nominated Thomas Jefferson, citizen of the United States of America and their Minister Plenipotentiary near the King, who after having communicated to each other their respective full powers, have agreed on what follows:
Article I. The Consuls and Vice-Consuls named by the M. C. K. and the United States, shall be bound to present their commissions according to the forms which shall be established respectively by the M. C. K. within his dominions, and by the Congress within the United States; there shall be delivered to them, without any charges, the Exequatur necessary for the exercise of their functions; and on exhibiting the said Exequatur, the governors, commanders, heads of justice, bodies corporate, tribunals, and other officers having authority in the ports and places of their consulates, shall cause them to enjoy immediately, and without difficulty, the pre-eminences, authority, and privileges, reciprocally granted, without exacting from the said Consuls and Vice-Consuls any fee, under any pretext whatever.
Article II. The Consuls and Vice-Consuls, and persons attached to their functions, that is to say, their chancellors and secretaries, shall enjoy a full and entire immunity for their chancery and the papers which shall be therein contained: they shall be exempt from aU, personal service, from soldiers’ billets, militia, watch, guard, guardianship, trusteeship, as well as from all duties, taxes, impositions, and charges whatsoever, except on the estate real and personal of which they may be the proprietors or possessors, which shall be subject to the taxes imposed on the estates of all other individuals: and in all other instances they shall be subject to the laws of the land, as the natives are.
Those of the said Consuls and Vice-Consuls who shall exercise commerce, shall be respectively subject to all taxes, charges, and impositions established on other merchants.
They shall place over the outward door of their house the arms of their sovereign: but this mark of indication shall not give to the said house any privilege of asylum for any person or property whatsoever.
Article III. The respective Consuls and Vice-Consuls may establish agents in the different ports and places of their departments, where necessity shall require. These agents maybe chosen among the merchants, either national or foreign, and furnished with a commission from one of the said Consuls; they shall confine themselves respectively to the rendering to their respective merchants, navigators, and vessels, all possible service, and to inform the nearest Consul of the wants of the said merchants, navigators, and vessels, without the said agents otherwise participating in the immunities, rights, and privileges attributed to Consuls and Vice-Consuls, and without power, under any pretext whatever, to exact from the said merchants any duty or emolument whatsoever.
Article IV. The Consuls and Vice-Consuls respectively, may establish a chancery, where shall be deposited the consular determinations, acts, and proceedings, as also testaments, obligations, contracts, and other acts done by or between persons of their nation, and effects left by decedents, or saved from shipwreck.
They may, consequently, appoint fit persons to act in the said chancery, qualify and swear them in, commit to them the custody of the seal, and authority to seal commissions, sentences, and other consular acts, and also to discharge the functions of notaries and registers of the consulate.
Article V. The Consuls and Vice-Consuls respectively, shall have the exclusive right of receiving in their chancery, or on board their vessels, the declarations and all other the acts which the captains, masters, crews, passengers, and merchants of their nation may choose to make there, even their testaments and other disposals by last will: and the copies of the said acts, duly authenticated by the said Consuls or Vice-Consuls, under the seal of their consulate, shall receive faith in law, equally as their originals would, in all the tribunals of the dominions of the M. C. King and of the United States.
They shall also have, and exclusively, in case of the absence of the testamentary executor, guardian, or lawful representative, the right to inventory, liquidate, and proceed to the sale of the personal estate left by subjects or citizens of their nation, who shall die within the extent of their consulate; they shall proceed therein with the assistance of two merchants of their said nation, or, for want of them, of any other at their choice, and shall cause to be deposited in their chancery, the effects and papers of the said estates; and no officer, military, judiciary, or of the police of the country, shall disturb them or interfere therein, in any manner whatsoever: but the said Consuls and Vice-Consuls shall not deliver up the said effects, nor the proceeds thereof, to the lawful representatives or to their order, till they shall have caused to be paid all debts which the deceased shall have contracted in the country; for which purpose the creditor shall have a right to attach the said effects in their hands, as they might in those of any other individual whatever, and proceed to obtain sale of them, till payment of what shall be lawfully due to them. When the debts shall not have been contracted by judgment, deed, or note, the signature whereof shall be known, payment shall not be ordered, but on the creditor’s giving sufficient surety resident in the country, to refund the sums he shall have unduly received, principal, interest, and costs; which surety, nevertheless, shall stand duly discharged after the term of one year, in time of peace, and of two, in time of war, if the discharge cannot be formed before the end of this term, against the* representatives who shall present themselves.
And in order that the representatives may not be unjustly kept out of the effects of the deceased, the Consuls and Vice-Consuls shall notify his death in some one of the gazettes published within their consulate, and that they shall retain the said effects in their hands four months, to answer all just demands which shall be presented; and they shall be bound, after this delay, to deliver to the persons succeeding thereto, what shall be more than sufficient for the demands which shall have been formed.
Article VI. The Consuls and Vice-Consuls, respectively, shall receive the declarations, protests, and reports of all captains and masters of their respective nations, on account of average losses sustained at sea; and these captains and masters shall lodge in the chancery of the said Consuls and Vice-Consuls, the acts which they may have made in other ports, on account of the accidents which may have happened to them on their voyage. If a subject of the M. C. K. and a citizen of the United States, or a foreigner, are interested in the said cargo, the average shall be settled by the tribunals of the country, and not by the Consuls or Vice-Consuls; but when only the subjects or citizens of their own nation shall be interested, the respective Consuls or Vice-Consuls shall appoint skilful persons to settle the damages and average.
Article VII. In cases where by tempest, or other accident, French ships or vessels shall be stranded on the coasts of the United States, and ships or vessels of the United States shall be stranded on the coasts of the dominions of the M. C. K.,the Consul or Vice-Consul nearest to the place of shipwreck shall do whatever he may judge proper, as well for the purpose of saving the said ship or vessel, its cargo and appurtenances, as for the storing and the security of the effects and merchandise saved. He may take an inventory of them, without the intermeddling of any officers of the military, of the customs, of justice, or of the police of the country, otherwise than to give to the Consuls, Vice-Consuls, captain, and crew of the vessels shipwrecked or stranded, all the succor and favor which they shall ask of them, either for the expedition and security of the saving and of the effects saved, as to prevent all disturbance.
And in order to prevent all kind of dispute and discussion in the said cases of shipwreck, it is agreed that when there shall be no Consul or Vice-Consul to attend to the saving of the wreck, or that the residence of the said Consul or Vice-Consul (he not being at the place of the wreck) shall be more distant from the said place than that of the competent judge of the country, the latter shall immediately proceed therein, with all the despatch, certainty, and precautions, prescribed by the respective laws; but the said territorial judge shall retire, on the arrival of the Consul or Vice-Consul, and shall deliver over to him the report of his proceedings, the expenses of which the Consul and Vice-Consul shall cause to be reimbursed to him, as well as those of saving the wreck.
The merchandise and effects saved, shall be deposited in the nearest Custom-house, or other place of safety, with the inventory thereof, which shall have been made by the Consul or Vice-Consul, or by the judge who shall have proceeded in their absence, that the said effects and merchandise may be afterwards delivered (after levying therefrom the costs), and without form of process, to the owners, who, being furnished with an order for their delivery, from the nearest Consul or Vice-Consul, shall reclaim them by themselves, or by their order, either for the purpose of re-exporting such merchandise, in which case, they shall-pay no kind of duty of exportation, or for that of selling them in the country, if they be not prohibited there; and in this last case, the said merchandise, if they be damaged, shall be allowed an abatement of entrance duties, proportioned to the damage they have sustained, which shall be ascertained by the affidavits taken at the time the vessel was wrecked or struck.
Article VIII. The Consuls and Vice-Consuls shall exercise police over all the vessels of their respective nations, and shall have on board the said vessels, all power and jurisdiction in civil matters, in all the disputes which may there arise; they shall have an entire inspection over the said vessels, their crew, and the changes and substitutions there to be made. For which purpose they may go on board the said vessels whenever they may judge it necessary: well understood, that the functions hereby allowed shall be confined to the interior of the vessels, and that they shall not take place in any case, which shall have any interference with the police of the ports where the said vessels shall be.
Article IX. The Consuls and Vice-Consuls may cause to be arrested the captains, officers, mariners, sailors, and all other persons, being part of the crews of the vessels of their respective nations, who shall have deserted from the said vessels, in order to send them back, and transport them out of the country. For which purpose, the said Consuls and Vice-Consuls shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship’s roll, that those men were part of the said crews: and on this demand, so proved (saving, however, where the contrary is proved), the delivery shall not be refused¦; and there shall be given all aid and assistance to the said Consuls and Vice-Consuls, for the search, seizure, and arrest of the said deserters, who shall even be detained and kept in the prisons of the country, at their request and expense, until they shall have found an opportunity of sending them back. But if they be not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause.
Article X. In cases where the respective subjects, or citizens, shall have committed any crime, or breach of the peace, they shall be amenable to the judges of the country.
Article XI. When the said offenders shall be a part of the crew of a vessel of their nation, and shall have withdrawn themselves on board the said vessel, they may be there seized and arrested by order of the judges of the country: these shall give notice thereof to the Consul or Vice-Consul, who may repair on board, if he thinks proper: but this notification shall not, in any case, delay execution of the order in question. The persons arrested shall not afterwards be set at liberty, until the Consul or Vice-Consul shall have been notified thereof; and they shall be delivered to him, if he requires it, to be put again onboard of the vessel on which they were arrested, or of others of their nation, and to be sent out of the country.
Article XII. All differences and suits between the subjects of the M. C. K. in the U. S., or between the citizens of the United States within the dominions of the M. C. K. and particularly all disputes relative to the wages and terms of engagement of the crews of the respective vessels, and all differences of whatever nature they be, which may arise between the privates of the said crews, or between any of them and their captains, or between the captains of different vessels of their nation, shall be determined by the respective Consuls and Vice-Consuls, either by a reference to arbitrators, or by a summary judgment, and without costs.
No officer of the country, civil or military, shall interfere therein, or take any part whatever in the matter: and the appeals from the said consular sentences shall be carried before the tribunals of France or of the United States, to whom it may appertain to take cognizance thereof.
Article XIII. The general utility of commerce, having caused to be established within the dominions of the M. C. K. particular tribunals and forms, for expediting the decision of commercial affairs, the merchants of the U. S. shall enjoy the benefit of these establishments; and the Congress of the U. S. will provide in the manner the most conformable to its laws, equivalent advantages in favor of the French merchants, for the prompt despatch and decision of affairs of the same nature.
Article XIV. The subjects of the M. C. K. and citizens of the U. S. who shall prove by legal evidence, that they are of the said nations respectively, shall, in consequence, enjoy an exemption from all personal service in the place of their settlement.
Article XV. If any other nation acquires, by virtue of any convention whatever, a treatment more favorable with respect to the consular pre-eminences, powers, authority, and privileges, the Consuls and Vice-Consuls of the M. C. K. or of the U. S., reciprocally, shall participate therein, agreeably to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce, concluded between the M. C. K. and the U. S.
Article XVI. The present convention shall be in full force during the term of twelve years, to be counted from the day of the exchange of ratifications, which shall be given in proper form, and exchanged on both sides, within the space of one year, or sooner, if possible.
In faith whereof, we, Ministers Plenipotentiary, have signed the present convention, and have thereto set the seal of our arms.
Done at Versailles, the 14th of November, one thousand seven hundred and eighty eight.
L. C. De MONTMORIN. L. S.
Signed.
Th: Jefferson. L. S.