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.
LETTER CLXVIII.--TO JAMES MADISON, November 18, 1788
TO JAMES MADISON.
Paris, November 18, 1788.
Dear Sir,
My last to you was of the 31st of July; since which, I have received
yours of July the 24th, August the 10th, and 23rd. The first part of
this long silence in me was occasioned by a knowledge that you were
absent from New York; the latter part, by a want of opportunity, which
has been longer than usual. Mr. Shippen being just arrived here, and
to set out to-morrow for London, I avail myself of that channel of
conveyance. Mr. Carrington was so kind as to send me the second volume
of the American Philosophical Transactions, the Federalist, and some
other interesting pamphlets; and I am to thank you for another copy of
the Federalist, and the report of the instructions to the ministers for
negotiating peace. The latter unluckily omitted exactly the passage I
wanted, which was what related to the navigation of the Mississippi.
With respect to the Federalist, the three authors had been named to me.
I read it with care, pleasure, and improvement, and was satisfied there
was nothing in it by one of those hands, and not a great deal by a
second. It does the highest honor to the third, as being, in my opinion,
the best commentary on the principles of government, which ever was
written. In some parts, it is discoverable that the author means only
to say what may be best said in defence of opinions, in which he did not
concur. But in general, it establishes firmly the plan of government.
I confess, it has rectified me on several points. As to the bill of
rights, however, I still think it should be added; and I am glad to see,
that three States have at length considered the perpetual re-eligibility
of the President, as an article which should be amended. I should
deprecate with you, indeed, the meeting of a new convention. I hope
they will adopt the mode of amendment by Congress and the Assemblies, in
which case, I should not fear any dangerous innovation in the plan. But
the minorities are too respectable, not to be entitled to some sacrifice
of opinion in the majority; especially, when a great proportion of them
would be contented with a bill of rights. Here, things internally, are
going on well. The _Notables_ now in session, have, indeed, passed one
vote, which augurs ill to the rights of the people; but if they do not
obtain now so much as they have a right to, they will in the long
run. The misfortune is, that they are not yet ripe for receiving the
blessings to which they are entitled. I doubt, for instance, whether
the body of the nation, if they could be consulted, would accept of
a _habeas corpus_ law, if offered them by the King. If the _Etats
Generaux_, when they assemble, do not aim at too much, they may begin
a good constitution. There are three articles which they may easily
obtain; 1. their own meeting, periodically; 2. the exclusive right of
taxation; 3. the right of registering laws and proposing amendments to
them, as exercised now by the parliaments. This last would be readily
approved by the court, on account of their hostility against the
parliaments, and would lead immediately to the origination of laws:
the second has been already solemnly avowed by the King; and it is well
understood, there would be no opposition to the first. If they push at
much more, all may fail. I shall not enter further into public details,
because my letter to Mr. Jay will give them. That contains a request of
permission to return to America the next spring, for the summer only.
The reasons therein urged, drawn from my private affairs, are very
cogent. But there is another, more cogent on my mind, though of a nature
not to be explained in a public letter. It is the necessity of attending
my daughters, myself, to their own country, and depositing them safely
in the hands of those, with whom I can safely leave them. I have
deferred this request as long as circumstances would permit, and am in
hopes it will meet with no difficulty. I have had too many proofs
of your friendship, not to rely on your patronage of it, as, in all
probability, nothing can suffer by a short absence. But the immediate
permission is what I am anxious about; as by going in April and
returning in October, I shall be sure of pleasant and short passages,
out and in. I must intreat your attention, my friend, to this matter,
and that the answers may be sent me through several channels.
Mr. Liniozin, at Havre, sent you, by mistake, a package belonging to
somebody else. I do not know what it contained, but he has written to
you on the subject, and prayed me to do the same, he is likely to suffer
if it be not returned.
Supposing that the funding their foreign debt will be among the first
operations of the new government, I send you two estimates; the one by
myself, the other by a gentleman infinitely better acquainted with the
subject, showing what fund will suffice to discharge the principal and
interest, as it shall become due, aided by occasional loans, which the
same fund will repay. I enclose them to you, because collating them
together, and with your own ideas, you will be able to advise something
better than either; but something must be done. This government will
expect, I fancy, a very satisfactory provision for the payment of their
debt, from the first session of the new Congress. Perhaps, in this
matter, as well as the arrangement of your foreign affairs, I may be
able, when on the spot with you, to give some information and suggest
some hints, which may render my visit to my native country not
altogether useless. I consider as no small advantage, the resuming the
tone of mind of my constituents, which is lost by long absence, and can
only be recovered by mixing with them; and shall, particularly, hope for
much profit and pleasure, by contriving to pass as much time as possible
with you. Should you have a trip to Virginia in contemplation, for that
year, I hope you will time it so as that we may be there together. I
will camp you at Monticello, where, if illy entertained otherwise, you
shall not want books. In firm hope of a happy meeting with you in the
spring, or early in summer, I conclude, with assurances of the sincere
esteem and attachment, with which I am, Dear Sir, your affectionate
friend and servant,
Th: Jefferson.
LETTER CLXIX.--TO A. DONALD, November 18,1788
TO A. DONALD.
Paris, November 18,1788.
Dear Sir,
Often solicited by persons on this side the water, to inquire for their
friends in America, about whose fate they are uncertain, I can only hand
on their requests to my friends in America. The enclosed letter from,
the Chevalier de Sigougne desires some inquiry after his brother, whom
he supposes to have settled at Todd’s Bridge. As this is within your
reach, I must refer the request to your humanity, and beg of you, if you
can hear of him, you will be so good as to give me an account of him,
returning me the enclosed letter at the same time.
The campaign between the Turks and Russians has been tolerably
equal. The Austrians have suffered through the whole of it. By the
interposition of Prussia and England, peace is likely to be made between
Russia, Denmark, and Sweden. This is a proof that England does not mean
to engage in the war herself. This country will certainly engage herself
in no manner, externally, before the meeting of her States General. This
assembly has been so long disused, that the forms of its convocation
occasion difficulty. The _Notables_ have been convened to prescribe
them, and they are now in session. I am in hopes this will end in giving
a good degree of liberty to this country. They enjoy, at present, the
most perfect tranquillity within; their stocks, however, continue low,
and money difficult to be got for current expenses. It is hoped,
that Mr. Necker’s talents and popularity, with the aid of a National
Assembly, will extricate them from their difficulties. We have been
daily expecting to hear of the death of the King of England: our last
news is of the 11th, when he was thought in the utmost danger. This
event might produce a great change in the situation of things: it
is supposed Mr. Fox would come into place, and he has been generally
understood to be disposed for war. Should the King survive, I think the
continuance of peace more probable at present, than it has been for some
time past. Be so good as to contrive the enclosed letter, by a very safe
conveyance. Remember me in the most friendly terms to Dr. Currie, and
be assured yourself of the esteem and attachment, with which I am. Dear
Sir, your affectionate friend and servant,
Th: Jefferson.
LETTER CLXX.--TO JOHN JAY, November 19, 1788
TO JOHN JAY.
Sir,
Paris, November 19, 1788.
Since my letter of September the 5th, wherein I acknowledged Mr.
Remsen’s favor of July the 25th, I have written those of September the
24th, and of the 14th instant. This last will accompany the present,
both going by the way of London, for want of a direct opportunity; but
they go by a private hand.
No late event worth notice has taken place between the Turks and
Austrians. The former continue in the territories of the latter, with
all the appearances of superiority. On the side of Russia, the war wears
an equal face, except that the Turks are still masters of the Black sea.
Oczakow is not yet taken. Denmark furnished to Russia its stipulated
quota of troops with so much alacrity, and was making such other warlike
preparations, that it was believed they meant to become principals
in the war against Sweden. Russia and England hereupon interposed
efficaciously. Their ministers appointed to meditate, gave notice to
the court of Copenhagen, that they would declare war against them in the
name of their two sovereigns, if they did not immediately withdraw their
troops from the Swedish territories. The court of London has since
said, that their minister (Elliott) went further in this than he
was authorized. However, the Danish troops are retiring. Poland
is augmenting its army from twenty to an hundred thousand men.
Nevertheless, it seems as if England and Prussia meant in earnest to
stop the war in that quarter, contented to leave the two empires in
the hands of the Turks. France, desired by Sweden to join the courts
of London and Berlin in their mediation between Sweden and Russia, has
declined it. We may be assured, she will meddle in nothing external
before the meeting of the States General. Her temporary annihilation
in the political scale of Europe, leaves to England and Prussia
the splendid roll, of giving the law without meeting the shadow of
opposition. The internal tranquillity of this country is perfect: their
stocks, however, continue low, and the difficulty of getting money to
face current expenses very great. In the contest between the King and
parliament, the latter, fearing the power of the former, passed the
convoking the States General. The government found itself obliged
by other difficulties, also, to recur to the same expedient. The
parliament, after its recall, showed that it was now become apprehensive
of the States General, and discovered a determination to cavil at their
form, so as to have a right to deny their legality, if that body should
undertake to abridge their powers. The court, hereupon, very adroitly
determined to call the same _Notables_, who had been approved by the
nation the last year, to decide on the form of convoking the _Etats
Generaux_: thus withdrawing itself from the disputes which the
parliament might excite, and committing them with the nation. The
_Notables_ are now in session. The government had manifestly discovered
a disposition that the _Tiers-Etat_, or Commons, should have as many
representatives in the States General, as the Nobility and Clergy
together: but five Bureaux of the _Notables_ have voted by very great
majorities, that they should have only an equal number with each of the
other orders singly. One bureau, by a majority of a single voice, had
agreed to give the Commons the double number of representatives. This
is the first symptom of a decided combination between the Nobility and
Clergy, and will necessarily throw the people into the scale of the
King. It is doubted, whether the States can be called so early as
January, though the government, urged by the want of money, is for
pressing the convocation. It is still more uncertain what the States
will do when they meet: there are three objects which they may attain,
probably without opposition from the court; 1. A periodical meeting
of the States; 2. their exclusive right of taxation; 3. the right of
en-registering laws and proposing amendments to them, as now exercised
by the parliaments. This would lead, as it did in England, to the right
of originating laws. The parliament would, by the last measure, be
reduced to a mere judiciary body, and would probably oppose it. But
against the King and nation their opposition could not succeed. If the
States stop here, for the present moment, all will probably end well,
and they may, in future sessions, obtain a suppression of _lettres de
cachet_, a free press, a civil list, and other valuable mollifications
of their government. But it is to be feared, that an impatience to
rectify every thing at once, which prevails in some minds, may terrify
the court, and lead them to appeal to force, and to depend on that
alone.
Before this can reach you, you will probably have heard of an _Arrêt_,
passed the 28th of September, for prohibiting the introduction of
foreign whale-oils, without exception. The English had glutted the
markets of this country with their oils: it was proposed to exclude
them, and an _Arrêt_ was drawn, with an exception for us: in the last
stage of the _Arrêt_, the exception was struck out, without my having
any warning, or even suspicion of this. I suspect this stroke came from
the Count de la Luzerne, minister of marine; but I cannot affirm it
positively. As soon as I was apprized of this, which was several days
after it passed (because it was kept secret till published in their
seaports), I wrote to the Count de Montmorin a letter, of which the
enclosed is a copy, and had conferences on the subject, from time to
time, with him and the other ministers. I found them prepossessed by the
partial information of their Dunkirk fishermen; and therefore thought it
necessary to give them a view of the whole subject in writing, which
I did, in the piece, of which I enclose you a printed copy. I therein
entered into more details, than the question between us seemed
rigorously to require. I was led to them by other objects. The most
important was to disgust Mr. Necker, as an economist, against their new
fishery, by letting him foresee its expense. The particular manufactures
suggested to them, were in consequence of repeated applications from
the shippers of rice and tobacco: other details, which do not appear
immediately pertinent, were occasioned by circumstances which had arisen
in conversation, or an apparent necessity of giving information on the
whole matter. At a conference, in the presence of M. Lambert, on the
16th (where I was ably aided by the Marquis de la Fayette, as I have
been through the whole business), it was agreed to except us from the
prohibition. But they will require rigorous assurance, that the oils
coming under our name are really of our fishery. They fear we shall
cover the introduction of the English oils from Halifax. The _Arrêt_ for
excepting us was communicated to me, but the formalities of proving the
oils to be American were not yet inserted. I suppose they will require
every vessel to bring a certificate from their Consul or Vice-Consul
residing in the State from which it comes. More difficult proofs were
sometimes talked of. I supposed I might surely affirm to them, that our
government would do whatever it could to prevent this fraud, because it
is as much our interest as theirs to keep the market for the French
and American oils only. I am told Massachusetts has prohibited the
introduction of foreign fish-oils into her ports. This law, if well
executed, will be an effectual guard against fraud; and a similar one in
the other States, interested in the fishery, would much encourage this
government to continue her indulgence to us. Though the _Arrêt_, then,
for the re-admission of our oils is not yet passed, I think I may assure
you it will be so in a few days, and of course that this branch of
commerce, after so threatening an appearance, will be on a better
footing than ever, as enjoying, jointly with the French oil, a monopoly
of their markets. The continuance of this will depend on the growth of
their fishery. Whenever they become able to supply their own wants, it
is very possible they may refuse to take our oils; but I do not believe
it possible for them to raise their fishery to that, unless they can
continue to draw off our fishermen from us. Their seventeen ships, this
year, had one hundred and fifty of our sailors on board. I do not know
what number the English have got into their service. You will readily
perceive, that there are particulars in these printed observations,
which it would not be proper to suffer to become public. They were
printed, merely that a copy might be given to each minister, and care
has been taken to let them go into no other hands.