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AMITY AND COMMERCE

Exchange of notes at Versailles and Passy August 27 and September 3 and 9, 1784, referring to articles 2 and 3 of treaty of amity and commerce of February 6, 1778

Entered into force September 9, 1784

Treaty declared abrogated by Act of Congress approved July 7, 1798 1

2 Miller 158

The French Minister and Secretary of State to the American Minister

[TRANSLATION]

SIR:

VERSAILLES
27th August, 1784

You have communicated to me an extract from the instructions which Congress addressed to you the 11th 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 second article of the Treaty of Amity and Commerce signed 6th February, 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, Sir, but that you will adopt one of these two forms.

I have the honor to be, etc.,

GRAVIER DE VERGENNES

SIR,

The American Minister to the French Minister and Secretary of State

PASSY, Sept. 3, 1784

I have the Honour 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,

11 Stat. 578. See footnote 1, ante, p. 763.

2 TS 83, ante, p. 764.

"Resolved,

3

"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 forsee what Claim might be given to those Nations by the explanatory Propositions from the Count de Vergennes on the 2a & 3d Articles of our Treaty of Amity & 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. Sir, Your Excellency's most obedient and most humble Servant.

B. FRANKLIN

His Ex the COUNT DE VERGENNES.

The French Minister and Secretary of State to the American Minister

[TRANSLATION]

VERSAILLES 9th September, 1784

SIR:

I have received the letter which you did me the honor to write me the third 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 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, etc.,

3 For background, see 2 Miller 161.

GRAVIER DE VERGENNES

FUNCTIONS AND PRIVILEGES

OF CONSULAR OFFICERS

Convention signed at Versailles November 14, 1788
Senate advice and consent to ratification July 29, 1789

Ratified by the President of the United States September 9, 1789
Ratified by France 1

1

Ratifications exchanged at Paris January 6, 1790

Entered into force January 6, 1790

Proclaimed by the President of the United States April 9, 1790
Declared abrogated by Act of Congress approved July 7, 1798 2

8 Stat. 106; Treaty Series 84 $

CONVENTION BETWEEN HIS MOST CHRISTIAN MAJESTY AND THE UNITED STATES OF AMERICA, FOR THE PURPOSE OF DEFINING AND ESTABLISHING THE FUNCTIONS AND PRIVILEGES OF THEIR RESPECTIVE CONSULS AND VICE CONSULS

[TRANSLATION]

His Majesty the Most Christian King and the United States of America, having, by the twenty-ninth 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 define and establish, in a reciprocal and permanent manner, the functions and privileges of consuls and vice consuls, which they have judged it convenient to establish of preference, His Most Christian Majesty has nominated the Sieur Count of Montmorin, of St. Herent, Maréchal of his Camps and Armies, Knight of his Orders and of the Golden Fleece, his Counselor in all his Councils, Minister and Secretary of State and of his Commandments and Finances, having the Department of Foreign Affairs; and the United States have nominated the Sieur Thomas Jefferson, citizen of the United States of America and their Minister Plenipotentiary near the King; who, after having communicated to each other their respective full powers, have agreed on what follows:

1 For a discussion of the date on the French instrument of ratification, see 2 Miller 242. * 1 Stat. 578. See footnote 1, ante, p. 763.

2

[blocks in formation]

'TS 83, ante, p. 773. Art. 31 became art. 29 after the suppression of arts. 11 and 12.

ARTICLE 1

The consuls and vice consuls named by the Most Christian King and the United States shall be bound to present their commissions according to the forms which shall be established respectively by the Most Christian King within his dominions and by the Congress within the United States. There shall be delivered to them, without any charges, the exequatur necessary for the exercise of their functions; and on exhibiting the said exequatur, the governors, commanders, heads of justice, bodies corporate, tribunals, and other officers having authority in the ports and places of their consulates, shall cause them to enjoy, immediately and without difficulty, the preeminences, authority, and privileges reciprocally granted, without exacting from the said consuls and vice consuls any fee under any pretext whatever.

ARTICLE 2

The consuls and vice consuls, and persons attached to their functions, that is to say, their chancellors and secretaries, shall enjoy a full and entire immunity for their chancery and the papers which shall be therein contained. They shall be exempt from all personal service, from soldiers' billets, militia, watch, guard, guardianship, trusteeship, as well as from all duties, taxes, impositions, and charges whatsoever, except on the estate, real and personal, of which they may be the proprietors or possessors, which shall be subject to the taxes imposed on the estates of all other indviduals; and in all other instances they shall be subject to the laws of the land as the natives are. Those of the said consuls and vice consuls who shall exercise commerce shall be respectively subject to all taxes, charges, and impositions established on other merchants.

They shall place over the outward door of their house the arms of their sovereign; but this mark of indication shall not give to the said house any privilege of asylum for any person or property whatsoever.

ARTICLE 3

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 be chosen among the merchants, either national or foreign, and furnished with a commission from one of the said consuls. They shall confine themselves respectively to the rendering to their respective merchants, navigators, and vessels, all possible service, and to inform the nearest 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 consuls and vice consuls, and without power, under any pretext whatever, to exact from the said merchants any duty or emolument whatsoever.

259-333-71-52

ARTICLE 4

The consuls and vice consuls respectively may establish a chancery where shall be deposited the consular determinations, acts, and proceedings, as also testaments, obligations, contracts, and other acts done by or between persons of their nation, and effects left by deceased persons or saved from shipwreck.

They may consequently appoint fit persons to act in the said chancery, receive and swear them in, commit to them the custody of the seal and authority to seal commissions, sentences, and other consular acts, and also to discharge the functions of notary and register of the consulate.

ARTICLE 5

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 other the acts which the captains, masters, crews, passengers, and merchants of their nation may choose to make there, even their testaments and other disposals by last will; and the copies of the said acts, duly authenticated by the said consuls or vice consuls under the seal of their consulate, shall receive faith in law, equally as their originals would, in all the tribunals of the dominions of the Most Christian King and of the United States.

They shall also have, and exclusively, in case of the absence of the testamentary executor, administrator, or legal heir, the right to inventory, liquidate, and proceed to the sale of the personal estate left by subjects or citizens 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, or for want of them, of any other at their choice, and shall cause to be deposited in their chancery the effects and papers of the said estates; and no officer, military, judiciary, or of the police of the country, shall disturb them or interfere therein in any manner whatsoever. But the said consuls and vice consuls shall not deliver up the said effects nor the proceeds thereof, to the lawful heirs, or to their order, till they shall have caused to be paid all debts which the deceased shall have contracted in the country; for which purpose the creditors shall have a right to attach the said effects in their hands, as they might in those of any other individual whatever, and proceed to obtain sale of them till payment of what shall be lawfully due to them. When the debts shall not have been contracted by judgment, deed, or note, the signature whereof shall be known, payment shall not be ordered but on the creditor's giving sufficient surety, resident in the country, to refund the sums he shall have unduly received, principal, interest, and costs; which surety, nevertheless, shall stand duly discharged after the term of one year in time of peace and of two in time of war, if the demand in discharge cannot be formed before the end of this term against the heirs who shall present themselves.

And in order that the heirs may not be unjustly kept out of the effects of the deceased, the consuls and vice consuls shall notify his death in some

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