The Diplomatic Correspondence of the American Revolution Volume IV Part 26

They shall have also, and exclusively, the right to inventory, liquidate, and proceed to the sale of the moveable effects of the estates left by subjects of their nation who shall die within the extent of the consulate. They shall proceed therein with the a.s.sistance of two merchants of their said nation, of their own choosing, and shall deposit in their chancery the effects and papers of the said estates, and no officer, military or civil, or of the police of the country, shall trouble them or interfere therein, in any manner whatsoever; but the said consuls and vice consuls shall not deliver up the same and their product to the lawful heirs, or _their attornies_, until they shall have discharged all the debts, which the deceased shall have contracted in the country, by judgment, by acts, or by notes, the writing and signing of which shall be known and certified by two princ.i.p.al merchants of the nation of the said deceased, and in all other cases the payment of debts cannot be ordered but on the creditor's giving sufficient and local security to repay the sums unduly received, princ.i.p.al, interest, and costs, which securities, however, shall remain duly discharged after a year in time of peace, and two years in time of war, if the demand in discharge cannot be formed before these delays, against the heirs who shall present themselves.

ARTICLE VIII.

The respective consuls and vice consuls shall receive the declarations, "_consulats_," and other consular acts from all captains and masters of their respective nations on account of average losses sustained at sea by leakage, or throwing merchandises overboard, and these captains and masters shall leave in the chancery of the said consuls and vice consuls, the "consulats," and other consular acts, which they may have had made in other ports on account of the accidents, that may have happened to them on their voyage. If a subject of His Most Christian Majesty and a citizen of the United States are interested in the said cargo, the average shall be fixed by the tribunals of the country, and not by the consuls or vice consuls; and the tribunals shall admit the acts and declarations; if any should have been pa.s.sed before the said consuls and vice consuls; but when only the subjects of their own nation, or foreigners, shall be interested, the respective consuls or vice consuls, and in case of their absence or distance, their agents furnished with their commission, shall officially nominate skilful persons of their said nation to regulate the damages and averages.

ARTICLE IX.

In case, by storms or other accidents, French s.h.i.+ps or vessels shall run ash.o.r.e on the coasts of the United States, or the s.h.i.+ps and vessels of the United States shall run ash.o.r.e on the coasts of France, the consul or vice consul nearest to the place of s.h.i.+pwreck shall do whatever he may judge proper, as well for the purpose of saving the said s.h.i.+p or vessel, its cargo and appurtenances, as for the storing and security of the effects and merchandise saved. He may take an inventory, without any officers military, of the custom house, justices, or the police of the country interfering, otherwise than to facilitate to the consuls, vice consuls, captain and crew of the vessel s.h.i.+pwrecked, or run ash.o.r.e, all the a.s.sistance and favor, which they shall ask, either for the celerity and security of the salvage and effects saved, or to prevent all disturbances.

To prevent even any kind of dispute and discussion in the said cases of s.h.i.+pwreck, it has been agreed that where no consul or vice consul shall be found to attend to the salvage, or that the residence of the said consul or vice consul, (he not being at the place of s.h.i.+pwreck) shall be further distant from the said place than that of the competent territorial judge, the latter shall immediately there proceed therein with all the celerity, safety, and precautions prescribed by the respective laws; but the said territorial judge shall retire on the coming of the consul or vice consul, and shall resign to him the procedures by him done, the expenses of which the consul or vice consul shall cause to be reimbursed to him.

The merchandise and effects saved shall be deposited in the custom house, or other nearest place of safety, with the inventory of them, which shall be made by the consul or vice consul, or in their absence by the judge who shall have had cognizance thereof, and the said merchandises and effects shall be afterwards delivered, after levying therefrom the costs, and without form of process to the proprietors, who being furnished with a _replevy_ from the nearest consul or vice consul, shall reclaim them by themselves, or their attornies, either for the purpose of re-exporting the merchandises, and in that case they shall pay no kind of duties of exportation, or for the purpose of selling them in the country if they are not prohibited; and in this latter case, the said merchandises being averaged, there shall be granted them an abatement of the entrance duties proportioned to the damages sustained, which shall be ascertained by the _verbal process_ formed at the time of the s.h.i.+pwreck, or of the vessels running ash.o.r.e.

ARTICLE X.

The consuls and vice consuls shall have, on board of the vessels of their respective nations, full power and jurisdiction in matters civil. They shall cause to be executed the respective laws, ordinances, and rules concerning navigation, on board the said vessels, and for this purpose, they shall go there without being interrupted by any officer or other person whatsoever.

They may cause to be arrested every vessel carrying the flag of their respective nation. They may sequester them, and even send them back respectively, from the United States to France, or from France to the United States. They may cause to be arrested without difficulty, every captain, master, sailor, or pa.s.senger of their said respective nation.

They may cause to be arrested or detained in the country the sailors and deserters of their respective nations, or send them back, or transport them out of the country.

It shall be sufficient proof, that the sailors and deserters belong to one of the respective nations, that their names be written in the s.h.i.+ps' registers, or inserted in the roll of the crew.

One and the other of these proofs concerning sailors and deserters being thus given, no tribunals, judges, and officers whatsoever shall in any manner whatever take cognizance of the complaints, which the said sailors and deserters may make, but they shall, on the contrary, be delivered up on an order signed by the consul, or vice consul, without its being in any one's power in any manner to detain, engage, or withdraw them. And to attain to the complete execution of the arrangements contained in this article, all persons having authority shall be bound to a.s.sist the said consuls or vice consuls, and, on a simple requisition signed by them, they shall cause to be detained and guarded in prison at the disposal and expense of the said consuls and vice consuls the said sailors and deserters, until they shall have an opportunity to send them out of the country.

ARTICLE XI.

In cases where the respective subjects shall have committed any crime, they shall be amenable to the judges of the country.

ARTICLE XII.

All differences and suits between the subjects of His Most Christian Majesty settled in the United States, or between the citizens and subjects of the United States settled in France, and all differences and suits concerning commerce between the subjects of His Most Christian Majesty, and one of the parties residing in France or elsewhere, and the other in the United States, or between the citizens and subjects of the United States, one of the parties residing in the United States, or elsewhere, and the other in France, shall be determined by the respective consuls, either by a reference to arbitration, or by a summary judgment, and without costs.

No officer, civil or military, shall interfere or take any part whatever in the affair. Appeals shall be carried before the tribunals of France, or the United States, to whom it may appertain to take cognizance thereof. The consuls or vice consuls shall not take cognizance of disputes or differences, which shall arise betwixt a subject of His Most Christian Majesty and a citizen of the United States. But the said disputes shall be brought before the tribunals, to which the defendant shall be amenable.

ARTICLE XIII.

The general utility of commerce having caused to be established in France tribunals and particular forms to accelerate the decision of commercial affairs, the merchants of the United States shall enjoy the benefit of these establishments in France, and the Congress of the United States shall recommend to the Legislatures of the different States to provide 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 His Most Christian Majesty and those of the United States, who shall prove that they belong to the body of the respective nations, by the certificate of the consul or vice consul of the district, mentioning their names, surnames, and place of their settlement, as inscribed in the register of the consulate, shall not lose, for any cause whatever in the respective domains and States, the quality of subjects of the country of which they originally were, conformably to the eleventh article of the treaty of amity and commerce, of the 6th of February, 1778, of which the present article shall serve as an interpretation in case of necessity, and the said subjects respectively shall enjoy in consequence exemption from all personal service in the place of their settlement.

ARTICLE XV.

If any other nation acquires, by virtue of any convention whatever, either in France or in the United States, a treatment more favorable with respect to the consular pre-eminences, powers, authority, and privileges, the consuls, vice consuls, and agents of His Most Christian Majesty, or the United States, reciprocally shall partic.i.p.ate therein, agreeably to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce, concluded between His Most Christian Majesty and the United States.

ARTICLE XVI.

The ratification of the present convention shall be given in proper form and exchanged on both sides, within the s.p.a.ce of six months, or sooner if possible.

In faith whereof, we, the underwritten, Ministers Plenipotentiaries of His Most Christian Majesty, and the United States of North America, have signed the present convention, and have thereto affixed the seal of our arms.

Done at Versailles, the 29th of July, one thousand seven hundred and eightyfour.

GRAVIER DE VERGENNES.

B. FRANKLIN.

TO COUNT DE MERCY ARGENTEAU.

Pa.s.sy, July 30th, 1784.

Sir,

I have the honor to communicate to your Excellency an extract from the instructions of Congress to their late Commissioners for treating of peace, expressing their desire to cultivate the friends.h.i.+p of his Imperial Majesty, and to enter into a treaty of commerce for the mutual advantage of his subjects and the citizens of the United States, which I request you will be pleased to lay before his Majesty.

The appointing and instructing Commissioners for treaties of commerce with the powers of Europe generally has, by various circ.u.mstances, been long delayed, but is now done, and I have just received advice, that Mr Jefferson, late Governor of Virginia, commissioned with Mr Adams, our Minister in Holland, and myself, for that service, is on his way hither, and may be expected by the end of August, when we shall be ready to enter into a treaty with his Imperial Majesty for the above purpose, if such should be his pleasure.

With great and sincere respect, &c.

B. FRANKLIN.

COUNT DE MERCY ARGENTEAU TO B. FRANKLIN.

Translation.

Paris, July 30th, 1784.

Sir,

I have received the letter you did me the honor to write to me this morning, and I shall lose no time to transmit the contents to my Court.

The sentiments of the Emperor towards the United States of America make me foresee the satisfaction, which his Majesty will have to enter into reciprocal, suitable, and advantageous connexions with them. I have not the least doubt but that measures will be instantly taken on this subject to concert with you, Sir, and with the appointed Ministers Plenipotentiary, and as soon as the answer from my Court shall come, I shall instantly communicate it to you.

I have the honor to be, &c.