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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --TUESDAY, OCTOBER 3, 1786.
Congress assembled. Present as yesterday.
On the report of a committee, consisting of Mr. [Arthur] St. Clair, Mr. [Edward] Carrington and Mr. [William Samuel] Johnson, to whom was referred a Memorial of the late general Charles Scott, together with the report of the board of treasury thereon,
Resolved, That there be allowed to the late general Scott, one thousand and sixty-six dollars, and sixty-ninetieths of a
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dollar for one hundred and sixty pounds of bark, furnished by him for the use of the sick prisoners on Hadrel's Point, in the years 1780 and 1781, and that the board of treasury take Order for paying the same.
The board of treasury having reported on two motions relative to a final adjustment and payment of the balance due to Oliver Pollock. On Motion of Mr. [Rufus] Kings, seconded by Mr. [Melancton] Smith
Ordered, That the said report with all the papers accompanying it be referred to the board of treasury and that the commissioners of the board of treasury examine and revise the accounts and claims of Oliver Pollock against the United States, that in their examination and revision they carefully attend to the claims of the United States against the said Oliver Pollock for monies goods and effects which came to his hands during his residence at New Orleans and the Havannah whether the same were received by him from the Spanish government in Europe or America from the sales of prizes or otherwise and report specially thereon.1
[Note 1: 1 This same proceeding is entered by Thomson in Committee Book No. 190 as referred, on October 3, to the Board of Treasury.]
On the report of a committee, consisting of Mr. [Arthur] St. Clair, Mr. [Melancton] Smith and Mr. [John] Henry, to whom was referred a report of the commissioner of Army Accounts, on a petition of the executor of the late brigadier general William Thompson,
Resolved, That the Commissioner of Army Accounts adjust the ration account of the late brigadier general W. Thompson, charging him with whatever appears from the certificate of the commissioner for settling the Accounts of the commissary's department to have been by him received, and crediting him with what he was entitled to receive, and reduce the balance to money at the established rates, and
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carry the same to the debit or credit of his Account with the United States as the case may require.
That the commissioner of Army accounts pass to the credit of the late brigadier general W. Thompson, the sum of nineteen thousand five hundred and seventy-nine dollars and seventy-ninetieths of a dollar with which he stands charged, on account of and for pay of his regiment, and as money drawn for men returned from captivity, and that he pass also to the credit of the general, twenty-six dollars and seventy-ninetieths of a dollar being so much over paid, as appears by the disbursements of 5000 dollars, part of the above sum. That he also pass to his credit all such disbursements contained in an account exhibited by his executor, and extracted from memorandums found among his papers, which memorandums accompany the account, as shall, in his judgment, appear to be proper charges against the United States.
Oct. 3, 1786.
On a report of the Secretary to the United States for the department of foreign Affairs, to whom was referred back his report of the 4 of July, 1785, on the Consular Convention between France and the United States,
Resolved, That a copy of that report be transmitted to the minister plenipotentiary of the United States at Paris, in order that he may thereby become fully informed of the Objections to which the Convention is liable.
That a certified copy of the Act of Congress of the 25 day of January, 1782, authorizing and directing the honble. Doctor Franklin to conclude a consular Convention, be also sent to him.
That a certified copy of the Scheme of such Convention, referred to in the above Act of Congress, be also sent to him.
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That he be instructed to communicate the said act of Congress and the said scheme to his Most Christian Majesty, and to point out to him the instances in which the convention deviates from the said scheme.
That he be also instructed to propose to his Majesty, that the said Convention be so amended as perfectly to correspond with the scheme, in every part where a deviation from the same is not permitted by the said act. And further, that he represent to His Majesty the desire of Congress to make the said Convention probationary, by adding a clause for limiting its duration to eight or ten years. That he assures his Majesty of the determination of Congress to observe on All occasions the highest respect for Candour and good faith in all their proceedings; and that on receiving the Convention so amended, and with such a clause, they will immediately ratify it.
Resolved, That the honorable Thomas Jefferson, esq., the minister plenipotentiary of the United States at the Court of Versailles be and he is hereby authorised and directed, to conclude and sign, on the part of the United States, with the Minister of his most Christian Majesty having equal powers, a Convention for the regulation of their respective Consuls, conformably to the scheme abovementioned in every respect, except where deviations from it are permitted by the said Act of Congress of the 25 day of January, 1782, and with a clause limiting the duration of the said convention to any term of years not exceeding ten.
Ordered, That the secretary for foreign Affairs write the following letter to Mr. Jefferson:
Sir: I have the honor of transmitting to you herewith enclosed the following papers, viz.
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These papers will possess you fully of the whole business. I am pursuaded that it will appear to you as it does to Congress to be a delicate one, and to require delicate Management. The Original scheme of the Convention is far from being unexceptionable, but a former Congress having agreed to it, it would be improper now to recede, and therefore Congress are content to ratify a convention made conformable to that scheme and to their act of the 25th day of January, 1782; provided a clause limiting its duration be added. It will be proper therefore to press on the Court only such Objections to the Convention as arise from its departure from the scheme. On making an accurate comparison, such departure will appear manifest to his Majesty; and there is reason to expect from his candor, that he will readily consent to remove the Objections occasioned by it.
As it certainly is wise to try the merits of institutions entirely new, by actual experience, before Nations adopt them forever, the propriety of rendering this Convention probationary in the first instance is unquestionable. Congress cannot therefore presume that his Most Christian Majesty will object to a clause for limiting its duration. The design of this Convention being for
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mutual and reciprocal benefit and convenience, it would be doing injustice to his Majesty to suppose that he would wish to provide for its existing longer than it should prove useful and satisfactory. If, after the experience of a few years, it should be found to answer the purposes intended by it, both parties will have sufficient inducements to renew it, either in its present form, or with such alterations and amendments as time, experience and other circumstances may indicate.
THE SCHEME OF A CONVENTION BETWEEN HIS MOST CHRISTIAN MAJESTY AND THE UNITED STATES OF NORTH AMERICA, FOR DEFINING AND REGULATING THE FUNCTIONS AND PRIVILEGES OF CONSULS, VICE CONSULS, AGENTS AND COMMISSARIES.
The Most Christian King and the United States of North America, having by the 29th article of the treaty of amity and commerce concluded between them, granted mutually the liberty of having each in the ports of the other consuls, vice consuls, agents and commissaries, and being willing in consequence thereof to determine and fix in a reciprocal and permanent manner the functions and prerogatives of the said consuls, vice consuls, agents and commissaries respectively, have agreed as follows:
Article I.
It shall be the duty of the consuls of his Most Christian Majesty to present their commissions, in the first instance, to the United States in Congress assembled, by whom an act shall be made recognising them as such. This act shall be delivered by the consuls to the supreme executive power of the state or states to which they may be sent. Two copies of the exequatur, that is, a publick
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notification of the quality of the consuls, shall thereupon issue from the supreme executive power, without fees or perquisites of office; one to be retained by the consuls, the other to be published in one or more gazettes. This being done, the pre-eminences, authority and privileges stipulated in this convention, shall be allowed to them in all places, before all tribunals, and by all persons.
Article II.
The consuls of his Most Christian Majesty and of the United States may appoint any number of vice consuls within their respective departments. Upon the notification of their appointment, by the consuls, to the supreme executive power of the state to which they may be sent, the exequatur shall be applied for and delivered by the several states to them in the same manner as to the consuls, and thereupon all the pre-eminences, authority and privileges, stipulated in this convention in favour of vice consuls, shall be allowed in all places, before all tribunals, and by all persons.
Article III.
Consuls and vice consuls shall be subjects or citizens of the power appointing them, and interdicted from all traffic or commerce for their own or another's benefit.
Article IV.
Consuls may also appoint any number of agents within their departments, who may be of their own nation or not, at pleasure. They shall receive a commission from the consul appointing. They shall not assume any pre-eminence, authority or privilege herein granted to consuls or vice consuls, nor exact any fees or reward under any pretence whatever. But they
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shall confine themselves wholly to the assisting of merchants, mariners and vessels, and giving information respecting them to the nearest consul or vice consul.
Article V.
There may be attached to the consulate, at the will of the consuls within their departments, any number of persons. Neither the papers nor houses of consuls or vice consuls shall be searched. Consuls and vice consuls shah enjoy full and entire immunities for their persons, and be exempt from personal service, publick offices, finding quarters for soldiers, militia duty, watch, ward, guardianship, attorneyship, committeeship, and from all duties, taxes and imposts whatsoever, on moveable property; but shall be liable in respect of real and landed property in the same manner as the subjects or citizens of the country. The arms of his Most Christian Majesty, or of the United States, as the case may be, shall be placed on the outer door of their house; and being so placed, shall entitle the house to the exemptions aforesaid. But no asylum shall be thereby obtained for malefactors or criminals, who shall be delivered up immediately on demand. The same privileges and immunities as those granted in this fifth article to consuls and vice consuls, shall be granted to persons attached to the consulate and living under the same roof with the consuls or vice consuls; provided approbation shall be given of their number and appointment by the supreme executive power of the state to which they may belong.
Article VI.
Consuls, and vice consuls in places where there are no consuls, may have a chapel in their houses for the
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celebration of divine service, according to their religious profession. And his Most Christian Majesty and the United States shall cause particular care to be taken that no obstacle or hindrance be thrown in the way of the funeral obsequies or ceremonies observed towards the deceased of either nation.
Article VII.
In all cases in which it may be necessary that the consuls or vice consuls should perform any juridical or official act, the public bodies, or the persons in publick authority who shall require such act, shall either inform them thereof in writing, or send a military or civil officer with a verbal message respecting it: and the consuls or vice consuls shall, on their part, readily and bona fide do whatsoever may be demanded of them on these occasions.
Article VIII.
The consuls and vice consuls respectively may establish a chancery as a depositary of the consular acts and deliberations, of effects left by the dead or saved from shipwreck, of testaments, obligations, contracts, and all other acts and things done by or between people of their nation. They may appoint the officers of the chancery, administer to them an oath of office, entrust to them the keeping of the seal, and the right of affixing the same to commissions, judgments, and other consular acts; and empower them to discharge the functions of notaries and registers.
Article IX.
The consuls and vice consuls respectively shall have the exclusive right of receiving in their chancery, or on board of vessels of their nation, all the declarations
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and other acts which the captains, masters, seamen, passengers and merchants of their nation shall think proper to make or lodge therein; and last wills and testaments, and copies of any acts duly authenticated by the consuls or vice consuls, and under the seal of their consulate, shall receive full faith and credit in all courts of justice as well in France as in the United States. They shall also have the exclusive right of inventorying the effects of those of their nation who may die within their consulate, liquidating their accounts, and selling their moveable property. They shall call to their assistance in this business two merchants of their own nation, and of their own choice, and cause to be deposited in the chancery the effects and papers of the deceased of their own nation, without being interrupted therein by any officer, military, judicial, or of the police. But neither the consuls nor vice consuls shall deliver the effects of the deceased, or the produce of the sales, over to the heir or lawful successor, or his representative or attorney, until all the debts which the deceased shall have contracted by judgment, act or bill, shall be discharged: the signature or hand writing and genuineness thereof being first certified by two merchants of the same nation with the deceased, and of reputation. In all other cases payment of no debt shah be made, unless the creditor shall first enter into a bond, with one sufficient surety at least, who is a resident on the spot, for the return of all moneys unduly received, as well the principal as interests and costs. The surety shall not be bound beyond one year in time of peace, and two years in tune of war. If, however, within those terms, the creditor shah call upon the lawful representative or successor to the property of the deceased, by a proper legal
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process, and prove his title to the money so received, the surety shall stand discharged.
Article X.
The consuls and vice consuls respectively shall receive the declarations, consulats, or other consular acts of all captains and masters of their respective nations, for damages received at sea by leakage, or the throwing of goods overboard. And all consulats, or other consular acts made by them in foreign ports for accidents during the voyage, shall be lodged in the chancery aforesaid. If a subject of France and a citizen of the United States be jointly interested in the cargo, the damage shall be settled by the tribunals of the country, not by the consuls or vice consuls. But where subjects or citizens of their own nation are alone interested, the consul or vice consul shall then choose experienced persons of their respective nations to settle the same.
Article XI.
In every case of a wreck, the nearest consul or vice consul may exercise his discretion in saving the vessel wrecked, with her cargo and appurtenances, and in storing and securing what is saved; and may also take an inventory thereof. In this business no officers of the customs, of justice, of the police, or naval officer, shall interfere, but upon application made to them for their assistance, in which case they shall exert themselves in the most effectual manner. To prevent all clashing of jurisdictions in case of shipwreck, it is agreed, that where there shall be no consul or vice consul, or they may be more distant from the place of the accident than a judge of the country having authority in such cases, this judge shall immediately proceed to the exercise of his authority
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according to law; but shall retire upon the coming of a consul or vice consul, into whose hands he shall put the whole business, rendering an account of his transactions, and receiving from the consul or vice consul reimbursement for all expenses. Whatsoever is saved shall be lodged in the nearest customhouse or naval office, or where there is no customhouse or naval office, in the nearest place of security, with an inventory prepared by the consul or vice consul, or in their absence by the judge of the country as aforesaid. Upon the order of the nearest consul or vice consul, or without any fees or perquisites for storage when lodged in publick stores, the owner may reclaim the property so saved in person, or by attorney; and may either re-export the same free from all duties of exportation, or sell it in the country, if goods of such a quality be not prohibited. In this latter case of a sale of unprohibited goods, there shall be an abatement of the duties on importation, in proportion to the damages sustained by the shipwreck, to be determined by the account taken by the consul, vice consul or judge of the country, or any other competent officer at the tune of the accident.
Article XII.
The consuls and vice consuls shall have on board of the vessels of their respective nations, all power and jurisdiction in matters of a civil nature. They shall have the power of causing the laws, regulations and ordinances of their respective nations concerning navigation to be observed on board of their said vessels. For this purpose they shall freely, and without any molestation or hindrance from any officer or other person, visit the said vessels. They may cause to be arrested and sequestered every vessel carrying the flag
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of their respective nations, and even send them back to France, or the United States, as the case may be, as well as arrest any captain, master, seaman or passenger of their respective nations. They may cause to be arrested and detained in the country, sailors and deserters of their respective nations, or cause them to be transported therefrom. It shall be sufficient evidence of the sailors and deserters belonging to their respective nations, if their names appear in the register of the vessels, or the roll of their crew. Proof being thus made concerning sailors and deserters, all tribunals, judges and officers whatsoever, shall be interdicted and disabled from taking cognizance in any manner of complaints exhibited by such sailors or deserters. But they shall be delivered up to an order signed by the consuls or vice consuls, without being detained, engaged or withdrawn in any manner. That these powers vested in consuls and vice consuls may be completely executed, all persons in authority shall assist them; and upon a simple requisition made by the consuls or vice consuls in writing, shall cause to be kept in prison, at the disposal and cost of the consuls or vice consuls, the sailors and deserters so arrested, until an opportunity shall be presented of sending them out of the country.
Article XIII.
All offences committed in France by a citizen of the United States, against a subject of his Most Christian Majesty, shall be inquired into and punished according to the laws of France; and those committed in any one of the United States by a subject of his Most Christian Majesty, against a citizen of the United States, shall be inquired into and punished according to the laws of such state. But offences committed in France by a
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citizen of the United States, against a citizen of the United States, or committed in any one of the United States, by a subject of his Most Christian Majesty, against a subject of his Most Christian Majesty, shall be subject to the jurisdiction of the consuls and vice consuls of France, or of the United States, as the case may be.
Article XIV.
All differences and disputes between the subjects of his Most Christian Majesty in the United States, or between the citizens of the United States in France, and all differences and disputes concerning commerce between the subjects of his Most Christian Majesty, one party being resident in France or elsewhere, and another in the United States, or between the citizens of the United States, one party being resident in the United States or elsewhere, and another in France, shall be heard, tried and decided on by the consuls or vice consuls of their respective nations, either by referring the same to arbitration, or by making a decree summarily, and without costs. No officer, civil or military, shall intermeddle or interpose herein in any respect. Appeals shall be carried to such courts as have been or may be appointed by his most christian majesty, and the United States, respectively. No disputes or differences, between a subject of his Most Christian Majesty and a citizen of the United States, shall be determined or taken up in any manner by the consuls or vice consuls, but shall be decided by the courts of the country in which the defendant shall be found.
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Article XV.
The advantages to commerce having caused the erection of certain tribunals in France, and particular forms for the speedy determination of commercial matters, the merchants of the United States shall enjoy the benefits of those establishments in France; and the United States in Congress assembled will recommend to the legislatures of the several states to establish equal advantages in the speedy decision of causes in favour of French merchants in matters of the same nature.
Article XVI.
The subjects of his Most Christian Majesty and the citizens of the United States shall be exempt from all personal services in the place of their residence, either in France or the United States, as the case may be. Whensoever any person in France, or the United States, as the case may be, shall claim any privilege or exemption, as a subject of his Most Christian Majesty, or of the United States, before any judge, tribunal or officer whatsoever, a certificate of the consul or vice consul of the district, containing his name, surname, and the place of his residence, and the affidavit of the person claiming such privilege or exemption, that he is a subject of his Most Christian Majesty, or of the United States, as the case may be, shall be sufficient evidence thereof, unless the contrary shall manifestly appear.
Article XVII.
Conformably to the 3d. and 4th. articles of the treaty of amity and commerce between his Most Christian Majesty and the United States, if any other nation, by
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virtue of any convention whatsoever, shall receive greater indulgence, either in France or in the United States, with regard to consular powers, privileges or authority, the consuls, vice consuls, agents and commissaries of France, and of the United States, as the case may be, shall participate therein.
CONVENTION BETWEEN HIS MOST CHRISTIAN MAJESTY AND THE THIRTEEN UNITED STATES OF NORTH AMERICA, FOR THE PURPOSE OF DETERMINING AND FIXING THE FUNCTIONS AND PREROGATIVES OF THEIR RESPECTIVE CONSULS, VICE CONSULS, AGENTS AND COMMISSARIES.
His Majesty the Most Christian king, and the Thirteen United States of North America, having by the 29th 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 determine and fix in a reciprocal and permanent manner the functions and prerogatives of the said consuls, vice consuls, agents and commissaries, his Most Christian Majesty has nominated the Sieur Charles Gravier, count of Vergennes, baron of Welferding, &c. counsellor of the King in all his councils, commander of his orders, head of the royal council of finances, counsellor of the state of the sword, minister and secretary of state, and of his commands and finances; and the United States, the Sieur Benjamin Franklin, their minister plenipotentiary to his Most Christian Majesty; who, after having communicated to each other their respective full powers, agreed upon what follows:
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Article I.
The consuls and vice consuls nominated by his Most Christian Majesty and the United States, shall be bound to present their commissions on their arrival in the respective states, according to the form which shall be there established. There shall be delivered to them, without any charges, the exequatur necessary for the exercise of their functions; and on the exhibition they shall make of the said exequatur, the governours, commanders, heads of justice, public bodies, tribunals and other officers having authority in the ports and places of their consulates, shall cause them to enjoy as soon as possible, and without difficulty, the preeminences, authority and privileges reciprocally granted, without exacting from the said consuls and vice consuls any duty, under any pretext whatever.
Article II.
The respective consuls shall have power to establish vice consuls in the different ports and places of their departments, where necessity shall require. There shall be delivered to them likewise the exequatur necessary to the exercise of their functions in the form pointed out by the preceding article; and on the exhibition which they shall make of the said exequatur, they shall be admitted and acknowledged in the terms and according to the powers, authority and privileges stipulated by the 1st, 4th, and 5th articles of the present convention.
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 may
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be chosen among the merchants, either national or foreign, and furnished with a commission from one of the said consuls. It shall be their business, respectively, to render to their respective merchants, navigators, and vessels, all possible service, and to inform the nearest consul or vice 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 the consuls or vice consuls, and without power to exact from the said merchants any duty or emolument whatever under any pretext whatsoever.
Article IV.
The consuls and vice consuls, the officers of the consulate, and in general all persons attached to the consular function, shall enjoy respectively a full and entire immunity for their person, their papers and their houses. The list of the said persons shall be approved and inspected by the executive power of the place of their residence.
They shall be exempt from all personal service and public offices, from soldiers' billets, militia watchguard, guardianship and trusteeship, as well as from all duties, taxes, impositions and charges whatsoever, except the real estates of which they may be proprietors, which shall be subject to the taxes imposed on the estates of all other individuals.
They shall place over the outward door of their house the arms of their sovereign, without that this mark of distinction shall give to the said house the right of asylum for any malefactor or criminal, so that in case it should happen that any malefactor or criminal takes refuge there, he shall be instantly delivered up on the first requisition and without difficulty.
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Article V.
Generally in all cases whatever, which concern the police or administration of justice, where it may be necessary to have a juridical declaration from the said consuls and vice consuls respectively, the governours, commandants, chief justice, public bodies, tribunals, or other officers whatever of their respective residence there, having authority, shall be bound to inform them of it, by writing to them, or sending to them a military or civil officer to let them know, either the object which is proposed, or the necessity there is for going to them to demand from them this declaration; and the said consuls and vice consuls shall be bound on their part to comply faithfully with what shall be desired of them on these occasions.
Article VI.
The consuls and vice consuls respectively may establish a chancery, where shall be deposited the consular acts and deliberations, all effects left by deceased persons, or saved from shipwreck, as well as testaments, obligations, contracts, and in general all the acts and proceedings done between, or by persons of their nation.
They may in consequence appoint for the business of the said chancery capable persons, receive them, administer an oath to them, give to them the keeping of the seal, and the right of sealing commissions, judgments, and other acts of the consulate, as well as there to discharge the functions of notaries and registers.
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Article VII.
The consuls and vice consuls respectively shall have the exclusive right of receiving in their chancery, or on board of vessels, the declarations and all the other acts which the captains, masters, seamen, passengers and merchants of their nation would make there, even their testaments, and other dispositions of last will; and the copies of the said acts duly authenticated by the said consuls or vice consuls, and under the seal of their consulate, shall receive faith in law in all the tribunals of France and the United States.
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 their consulate. They shall proceed therein with the assistance 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 attorneys, 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 principal merchants of the nation of the said deceased; and in all other cases the payments of debts cannot be ordered but on the creditors giving sufficient and local security to repay the sums unduly received, principal, interest, and cost; which securities however shall remain duly discharged after a year in time of
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peace, and two years in time of war, if the demand in discharge cannot be formed before these delays, against the heirs which 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 merchandise overboard; and these captains and masters shah 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 which 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 shah 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 passed 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 ships or vessels shall run ashore on the coasts of the United States, and the ships and vessels of the United States shall run ashore on the coasts of France, the consul or vice consul
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nearest to the place of shipwreck shah 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 storage and security of the effects and merchandise saved. He may take an inventory, without any officers military, of the customhouse, justices, or the police of the country interfering, otherwise than to facilitate to the consuls, vice consuls, captain and crew of the vessel shipwrecked or run ashore, all the assistance and favour which they shah 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 shipwreck, it has been agreed, that where no consul or vice consul shah 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 shipwreck) shah be further distant from the said place than that of the competent territorial judge, the latter shah 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 merchandize and effects saved shall be deposited in the customhouse 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
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them by themselves, or by their attorneys, 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 damage sustained, which shall be ascertained by the verbal process formed at the time of the shipwreck, or of the vessels running ashore.
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 nations; 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 passenger of their said respective nations.
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 a sufficient proof that the sailors and deserters belong to one of the respective nations, that their names be written in the ship's register, or inserted in the roll of the crew.
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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 ones 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 assist 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 opporturnity 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
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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 favour 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 their 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 registers 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, comformably to the eleventh article of the treaty of amity and commerce, of the 6th
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February, 1778, of which the present article shall serve as an intrepretation 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 the United States, a treatment more favourable 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 participate therein, agreeable 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 space of six months, or sooner if possible.
In faith whereof, we the underwritten ministers plenipotentiary 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 July, one thousand seven hundred and eighty-four.
[L. S.] (Signed) Gravier De Vergennes,
[L. S.] B. Franklin.
Faithfully translated from the original, by John Pintard.1
[Note 1: 1 This proceeding is entered by Thomson in Secret Journal, Foreign, No. 5; a copy, signed by him, is in No. 6. The text of the Scheme is from the printed copy, a pamphlet of 11 folio pages, which Thomson has pasted into the Secret Journal. Following it, Thomson has pasted a printed copy of the report of the Secretary for Foreign Affairs of July 4, 1785, comparing the Scheme and the Convention itself. This was read in Congress July 6, 1785, and is there printed in this edition of the Journals. Committee Book No. 189 states that this report was committed on October 3.
October 3: Also, according to indorsement, was read a letter of September 13, from Thomas Hutchins, from Ohio, reporting the progress of the survey of the Western Territory and enclosing a report from Jacob Stringer on the temper and conduct of the Indians. Hutchins' letter is in No. 60, folio 257, and Stringer's is on folio 253.]
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Commissioners Office for Comy. Dept.,
New York, Sept. 30th., 1786.
The Commissioner for settling the account of the Commissary Dept., to whom was referred the Memorial of Jacob Cuyler Esqr. late D Corny Genl of Perchases, praying to be relieved from a demand brought against him by David Reynolds late Asst. Commissary of purchases for One hundred and fourteen head of Cattle said to have been delivered by said Reynolds for the use of the Army and not charged in his accounts against the United States, begs leave to Report:
That in the statement of Mr. Cuyler's accounts rendered to your Commissioner, the whole of the purchases made by himself and his Assistants were blended into one general account, therefore the delivery of Cattle by Mr. Reynolds cannot be compared with his particular account of purchases. That the whole number of Cattle delivered by Mr. Cuyler and his Assistants does not appear to exceed the number charged in their accounts of purchases. This cannot however be accurately determined as several hundred head were killed and delivered in Beef by weight and no account having been kept of the number, it can only be estimated by the quantity of Beef &c. delivered, which is a very uncertain mode of determining it.
That it appears Mr. Reynolds did produce accots. to Mr. Cuyler for the purchase of Ninety-five head of Cattle after the date of the Certificate given him by Mr. Cuyler, which Cattle appear to have been purchased before the date of said Certificate, but Mr. Reynolds having no money to pay for them, had not obtained the Bills and voucher for the purchase and could not charge them in the account rendered at that time; but receipts for the delivery of them were produced which occasioned them to overrun. The vouchers for the purchase were afterwards produced by Mr. Reynolds and admitted to the Credit of Mr. Cuyler in the settlement of his accounts with
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the United States. It is therefore evident that Ninety-five head of the Cattle mentioned in the Certificate have been paid for by the public; but I cannot tell in what manner Mr. Cuyler settled with Reynolds. This circumstance was not recollected either by Mr. Cuyler or your Commissioner when Mr. Reynolds produced his Certificate.
The remaining twenty-two head, possibly may not be charged to the public; but your Commissioner can hardly suppose Mr. Reynolds would have been so remiss in his duty as a public Officer, and so very inattentive to his own Interest, as to purchase Cattle and pay for them without taking any receipt, or knowing from whom they came; he therefore thinks it more probable they were stray Cattle taken up by him (of which a considerable number were allowed in the settlement of Mr. Cuylers deliveries) or Cattle purchased by other Commissaries which went through his hands, and is of opinion that no payment ought to be made for them unless he produces vouchers for the purchase.
All which is Humbly submitted. Jonh. Burrall.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 31, folio 353. According to indorsement, it was read October 3 and agreed to September 15, 1788.]
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