of shipwreck, 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 shipwreck)
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 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 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 passenger 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
ships' 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 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
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
participate 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 space 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.
Passy, 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 friendship 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 circumstances,
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.
DE MERCY ARGENTEAU.
* * * * *
COUNT DE VERGENNES TO B. FRANKLIN.
Translation.
Versailles, August 27th, 1784.
Sir,
You have communicated to me an extract from the instructions, which
Congress addressed to you on the 11th of May last, which imports that
the United States will in no case treat any other nation with respect
to commerce more advantageously than the French. This disposition is
much the wisest, as it will prevent those misunderstandings, which
might arise from the equivocal terms in which the 2d article of the
Treaty of Amity and Commerce, signed February 6th, 1778, is conceived.
But that the resolution of Congress on this subject may be clearly
stated, it would be best, Sir, that you furnish me with it in the form
of a declaration, or at least in an official note, signed by yourself.
I have no doubt that you will adopt one of these two forms.
I have the honor to be, &c.
DE VERGENNES.
* * * * *
TO COUNT DE VERGENNES.
Passy, September 3d, 1784.
Sir,
I have the honor to transmit to your Excellency, by order of Congress,
a resolution of theirs, dated the 11th of May last, which is in the
words following, viz.
"_Resolved_, That Doctor Franklin be instructed to express to the
Court of France, the constant desire of Congress to meet their wishes;
that these States are about to form a general system of commerce, by
treaties with other nations; that, at this time, they cannot foresee
what claim might be given to those nations by the explanatory
propositions from the Count de Vergennes, on the 2d and 3d articles of
our Treaty of Amity and Commerce with His Most Christian Majesty, but
that he may be assured it will be our constant care to place no people
on more advantageous ground than the subjects of his Majesty."
With great respect, I am, &c.
B. FRANKLIN.
* * * * *
COUNT DE VERGENNES TO B. FRANKLIN.
Translation.
Versailles, September 9th, 1784.
Sir,
I have received the letter, which you did me the honor to write me the
3d instant. You there declare in the name of Congress, that the United
States will be careful not to treat any other nation, in matters of
commerce, more advantageously than the French nation. This
declaration, founded on the treaty of the 6th of February, 1778, has
been very agreeable to the King; and you, Sir, can assure Congress,
that the United States shall constantly experience a perfect
reciprocity in France.
I have the honor to be, very sincerely, Sir, &c.
DE VERGENNES.
* * * * *
COUNT DE MERCY ARGENTEAU TO B. FRANKLIN.
Translation.
Paris, September 28th, 1784.
Sir,
With respect to the proposition of the United States of America, that
I forwarded to my Court, concerning the arrangements of commerce to
be adopted by the respective dominions, I have received the order,
Sir, which I have the honor to communicate to you, that his Majesty,
the Emperor, has agreed to the said proposition, and that he has
directed the Government General of the Low Countries to adopt measures
to put it in execution.
When the particulars respecting this matter shall be sent to me, I
shall instantly communicate them.
I avail myself of this opportunity to renew the assurances of the most
perfect attachment, with which I have the honor to be, &c.
DE MERCY ARGENTEAU.
* * * * *
TO CHARLES THOMPSON.
Passy, October 16th, 1784.
Dear Sir,
It was intended by the Commissioners to write a joint letter to
Congress, but I am afraid the opportunity may be missed. This may
serve to inform you, that propositions of treating have been made by
us to all the powers of Europe according to our instructions, and we
are waiting for their answers. There are apprehensions here of a war
between the Emperor and Holland, but, as the season is not proper for
opening a campaign, I hope the winter will give time for mediators to
accommodate matters. We have not yet heard that Mr Jay has accepted
the Secretaryship of Foreign Affairs.
I am ever, my dear friend, yours most affectionately,
B. FRANKLIN.
* * * * *
TO CHARLES THOMPSON.
Passy, November 11th, 1784.
Dear Friend,
I received your kind letter of August 13th, with the papers annexed,
relative to the affair of Longchamps. I hope satisfaction will be
given to M. Marbois. The Commissioners have written a joint letter to
Congress. This serves to cover a few papers relative to matters with
which I was particularly charged in the instructions. I shall write to
you fully by the next opportunity, having now only time to add, that I
am, as ever,
Yours most affectionately,
B. FRANKLIN.
_P. S._ I executed the instructions of October 29th, 1783, as soon as
I knew the commissions for treating with the Emperor, &c. were issued,
which was not till July, 1784. The three letters between the Emperor's
Minister and me are what passed on that occasion.
B. F.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Passy, February 8th, 1785.
Sir,
I received by the Marquis de Lafayette the two letters you did me the
honor of writing to me the 11th and 14th of December, the one
enclosing a letter from Congress to the King, the other a resolve of
Congress respecting the convention for establishing consuls. The
letter was immediately delivered and well received. The resolve came
too late to suspend signing the convention, it having been done July
last, and a copy sent so long since, that we now expected the
ratification. As that copy seems to have miscarried I now send
another.
I am not informed what objection has arisen in Congress to the plan
sent me. Mr Jefferson thinks it may have been to the part, which
restrained the consuls from all concern in commerce. That article was
omitted, being thought unnecessary to be stipulated, since either
party would always have the power of imposing such restraints on its
own officers, whenever it should think fit. I am, however, of opinion
that this or any other reasonable article or alteration may be
obtained at the desire of Congress, and established by a supplement.
Permit me, Sir, to congratulate you on your being called to the high
honor of presiding in our national councils, and to wish you every
felicity, being with the most perfect esteem, &c.
B. FRANKLIN.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Passy, April 12th, 1785.
Sir,
M. de Chaumont, who will have the honor of presenting this line to
your Excellency, is a young gentleman of excellent character, whose
father was one of our most early friends in this country, which he
manifested by crediting us with a thousand barrels of gunpowder and
other military stores in 1776, before we had provided any apparent
means of payment. He has, as I understand, some demands to make on
Congress, the nature of which I am unacquainted with; but my regard
for the family makes me wish, that they may obtain a speedy
consideration, and such favorable issue as they may appear to merit.
To this end, I beg leave to recommend him to your countenance and
protection, and am, with great respect, &c.
B. FRANKLIN.
* * * * *
TO COUNT DE VERGENNES.
Passy, May 3d, 1785.
Sir,
I have the honor to acquaint your Excellency, that I have at length
obtained, and yesterday received, the permission of Congress to return
to America. As my malady makes it impracticable for me to pay my
devoirs at Versailles personally, may I beg the favor of you, Sir, to
express respectfully for me to his Majesty, the deep sense I have of
all the inestimable benefits his goodness has conferred on my country;
a sentiment that it will be the business of the little remainder of
life now left me, to impress equally on the minds of all my
countrymen. My sincere prayers are, that God may shower down his
blessings on the King, the Queen, their children, and all the royal
family, to the latest generations!
Permit me, at the same time, to offer you my thankful acknowledgments
for the protection and countenance you afforded me at my arrival, and
your many favors during my residence here, of which I shall always
retain the most grateful remembrance.
My grandson would have had the honor of waiting on you with this
letter, but he has been some time ill of a fever.
With the greatest esteem and respect, and best wishes for the constant
prosperity of yourself, and all your amiable family, I am, Sir, your
Excellency's most obedient and most humble servant,
B. FRANKLIN.
* * * * *
M. DE RAYNEVAL TO B. FRANKLIN.
Translation.
Versailles, May 8th, 1785.
Sir,
I have learned with the greatest concern, that you are soon to leave
us. You will carry with you the affections of all France, for nobody
has been more esteemed than you. I shall call on you at Passy, to
desire you to retain for me a share in your remembrance, and renew to
you personally the assurances of the most perfect attachment, with
which I have the honor to be, Sir, &c.
DE RAYNEVAL.
* * * * *
TO JOHN JAY, SECRETARY OF FOREIGN AFFAIRS.
Passy, May 10th, 1785.
Dear Sir,
I received your kind letter of the 8th of March, enclosing the
resolution of Congress, permitting my return to America, for which I
am very thankful, and am now preparing to depart the first good
opportunity. Next to the pleasure of rejoining my own family will be
that of seeing you and yours well and happy, and embracing once more
my little friend, whose singular attachment to me I shall always
remember.
I shall be glad to render any acceptable service to Mr Randall. I
conveyed the bayberry wax to Abbé de Chalut, with your compliments, as
you desired. He returns his with many thanks. Be pleased to make my
respectful compliments acceptable to Mrs Jay, and believe me ever,
with sincere and great respect and esteem, &c.
B. FRANKLIN.
_P. S._ The striking of the medals being now in agitation here, I send
the enclosed for consideration.
B. F.
* * * * *
TO CHARLES THOMPSON.
Passy, May 10th, 1785.
Dear Sir,
An old gentleman in Switzerland, long of the Magistracy there, having
written a book entitled _Du Gouvernement des Moeurs_, which is thought
to contain many matters, that may be useful in America, desired to
know of me how he could convey a number of the printed copies, to be
distributed gratis among the members of Congress. I advised his
addressing the package to you by way of Amsterdam, whence a friend of
mine would forward it. It is accordingly shipped there on board the
Van Berckel, Captain W. Campbell. There are good things in the work,
but his chapter on the liberty of the press appears to me to contain
more rhetoric than reason.
With great esteem I am, ever, &c.
B. FRANKLIN.
* * * * *
COUNT DE VERGENNES TO B. FRANKLIN.
Translation.
Versailles, May 22d, 1785.
Sir,
I have learnt with much concern of your retiring, and of your
approaching departure for America. You cannot doubt but that the
regrets, which you will leave, will be proportionate to the
consideration you so justly enjoy.
I can assure you, Sir, that the esteem the King entertains for you,
does not leave you anything to wish, and that his Majesty will learn
with real satisfaction, that your fellow citizens have rewarded, in a
manner worthy of you, the important services that you have rendered
them.
I beg, Sir, that you will preserve for me a share in your remembrance,
and never doubt the sincerity of the interest I take in your
happiness. It is founded on the sentiments of attachment of which I
have assured you, and with which I have the honor to be, &c.
DE VERGENNES.
* * * * *
TO THOMAS BARCLAY.
Passy, June 19th, 1785.
Sir,
With respect to my continuing to charge £2500 sterling per annum as my
salary, of which you desire some explanation, I send you, in support
of that charge, the resolution of Congress, which is in these words.
"In Congress, October 5th, 1779. Resolved, that each of the Ministers
Plenipotentiary be allowed at the rate of two thousand five hundred
pounds sterling per annum, and each of their Secretaries at the rate
of one thousand pounds sterling per annum, in full for their services
and expenses respectively. That the salary of each of the said
officers be computed from the time of his leaving his place of abode,
to enter on the duties of his office, and be continued three months
after the notice of his recall."
The several bills I afterwards received, drawn on the Congress banker,
Mr Grand, for my salary, were all calculated on that sum, as my
salary; and neither the banker nor myself has received notice of any
change respecting me. He has accordingly, since the drawing ceased,
continued to pay me at the same rate. I have, indeed, heard that a
resolution was passed last year, that the salaries of Plenipotentiaries
should be no more than £2000 sterling per annum. But the resolution, I
suppose, can relate only to such Plenipotentiaries as should be
afterwards appointed; for I cannot conceive that the Congress, after
promising a Minister £2500 a year, and when he has thereby been
encouraged to engage in a way of living for their honor, which only
that salary can support, would think it just to diminish it a fifth,
and leave him under the difficulty of reducing his expenses
proportionably; a thing scarce practicable; the necessity of which he
might have avoided, if he had not confided in their original promise.
But the article of salary, with all the rest of my accounts, will be
submitted to the judgment of Congress, together with some other
considerable articles I have not charged, but on which I shall expect,
from their equity, some consideration. If, for want of knowing
precisely the intention of Congress, what expenses should be deemed
public, and what private, I have charged any article to the public,
which should be defrayed by me, their banker has my order, as soon as
the pleasure of Congress shall be made known to him, to rectify the
error, by transferring the amount to my private account, and
discharging by so much that of the public.
I have the honor to be, &c.
B. FRANKLIN.
* * * * *
M. DE CASTRIES TO B. FRANKLIN.
Translation.
Versailles, July 10th, 1785.
Sir,
I was not apprized, until within a few hours, of the arrangements
which you have made for your departure. Had I been informed of it
sooner, I should have proposed to the King to order a frigate to
convey you to your own country, in a manner suitable to the known
importance of the services you have been engaged in, to the esteem you
have acquired in France, and the particular esteem which his Majesty
entertains for you.
I pray you, Sir, to accept my regrets, and a renewed assurance of the
most entire consideration, with which I have the honor to be, Sir,
your very humble and very obedient servant,
DE CASTRIES.
* * * * *
TO JOHN JAY, SECRETARY OF FOREIGN AFFAIRS.
Philadelphia, September 19th, 1785.
Sir,
I have the honor to acquaint you, that I left Paris the 12th of July,
and, agreeable to the permission of Congress, am returned to my own
country. Mr Jefferson had recovered his health, and was much esteemed
and respected there. Our joint letters have already informed you of
our late proceedings, to which I have nothing to add, except that the
last act I did, as Minister Plenipotentiary for making treaties, was
to sign with him, two days before I came away, the treaty of
friendship and commerce that had been agreed on with Prussia,[31] and
which was to be carried to the Hague, by Mr Short, there to be signed
by Baron Thulemeyer on the part of the King, who, without the least
hesitation, had approved and conceded to the new humane articles
proposed by Congress. Mr Short was also to call at London for the
signature of Mr Adams, who I learnt, when at Southampton, was well
received at the British Court.