Volume II Part 45 (2/2)
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 subst.i.tutions 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 s.h.i.+p'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 a.s.sistance 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 When the said offenders shall be a part of the crew of a vessel of their nation, and shall have withdrawn themselves on board the said vessel, they may be there seized and arrested by order of the judges of the country: these shall give notice thereof to the Consul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 partic.i.p.ate therein, agreeably to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce, concluded between 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 s.p.a.ce 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. s.h.i.+ppen 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 pa.s.sage 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 a.s.semblies, in which case, I should not fear any dangerous innovation in the plan. But the minorities are too respectable, not to be ent.i.tled 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, pa.s.sed 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 ent.i.tled. 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 a.s.semble, do not aim at too much, they may begin a good const.i.tution. 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 circ.u.mstances would permit, and am in hopes it will meet with no difficulty. I have had too many proofs of your friends.h.i.+p, 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 pa.s.sages, out and in. I must intreat your attention, my friend, to this matter, and that the answers may be sent me through several channels.
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