■ >
Py the PRISIDENT ITNITEtl
SATES of AMERICA.
A PliOCLJMnrjoN'.
W ilEllEi\.S a Conveiiiion for
dctiuini' and eilablilliing the
fuiu^ions and pi iv^leges ol'the relpiiiSive
'Confiils and Vicc-CoiiluJs of hid nioft
CLiilUan Majedy and of chc laid tJniccd
Slated, duly and rclpcclircly aiuhoi i/cd
for tiiat piH'pui’e, wjiicli CuiivcnLldn ia in
. ILhafurm following, viz.
.i'dlSrfw^eh His Most Christia'h Ma-
^yssTV and the LTniteo S.-ates of
' ^iMcmcA, for the purpofc of dclining
'iind edaiililhing the funftions and pri-
' iVileges of their refpeflive Conluls and
Vice-Coiifols.
H rS M.ijelly the Mod Chridain
King and die United Slates of
America, havifig by the 2^th art. of the
Treaty of Amity and Commerce con
cluded between them mutually granted
the liberty of having, in their rel'peitive
Sates and Ports, Cvinfuls, Vicc-Cvnfuls,
Agents and Commilfaries, and being
willing, in confequence thereof, to de
fine 'and eflablilh in a reciprocal and
permanent manner the funciions, and
privileges of Confuls, and Vice-ConfOls
which they have judged it convenient to
eftabliHi of preference, His M. C. Ma-
ielly has nominated the Sieiir Count of
Montinorin of Sc. Herent, Miirechal of
his Camps and Armies Knight of his Or
ders and of ihe Golden Fleece, his Coun-
fcllor in all his Councils Miniller and
Secretary of State and of his Command-
Tiients and Finance.s,having the Depart-
'm lit of foreign afl'drs, and the Ualied
S.. tesofAmerica liavonomiriate J the fi cur
Tlumas Jefferlon, citizen of the United
States of America, and their Miniftcr
Picnipotentiary near the King,' who af
ter h.iviiig communicated to each other
thei rcfpeiltivc fall powers, have agreed
on wliat follows':
Art. I. The Confuls and Vice Coh-
fuU named by the M. C. K. and the
U. S, lhall be bound to prefent their
comnillloiis according to the form which
lhall be ellablilhod refpeilively by the
M C. K within his d.’iminions, and by
the Coiigrefs within the U. S. there
lh:i!l be delivered to them, wirhout any
charges, the Exequatur neceffary for the
exercife'of their funAions; andon'exhi-
biting the faid Exequatur, the Gover
nors, Commanders, Heads of Juflice,
bodies Corporate, Tribunals and other
Oilieers having authority in ports and
F places of their Confiilaccs, lhall caufe
them to enjoy immediately, and without
dilTiculty, ^e pre-cminencies, authority
and priviledges, reciprocally granted,
without crafting from the faiJ Confuls
and Vice-Confuls any fee Under any pre
text whatever.
Art. II. The Confuls and Vice-
Confuls and perfons attached to their
/unftions that is to fay, their Chancelors
and Secretaries, fliall enjoy a full and
entire imntiunity for their Chancery and
the papers which lhall he therein con-
t.iined they lhall be exempt from all per*
fonal fervice,. from foldiers billets, mili
tia, watch, guard guardianfhip, trullee-
Ihip. a- well as from all duties, taxes,
impofiiions, and charges wliatfover, ex
cept on the eflate real and porfonal of
■which they may be the pr.iprictors or
pofL'lfors, which fliall be fubjoft to the
taxc.5 iinpofed on the eflatcs of all other
individuals : and in all other inllances
thev lhall be fubjeft to the laws of the
land as tlie natives are. Thnfr of the
faid C'mfuls and Vice Confuls who cx-
creife cnntmerce fliall be refpeftivcly
fubjeft to idl tares, ch.irges and impofi-
tions efl.iblilhcd on other merchants.
Tlie-i- (hill place over the outward door
of tb .'ir houfe the arms of ther Sove
reign : but this mark of indication fti.ill
not give to the faiil houfe any prlvilf.re
of nfyliim for any peifon' or property
■whatfover.
Ar. r. III. The rel'pe'live Confuls
and Vice Confuls may eflablilh A,cents
iri tlie ditf.Tcnt pi'rts and places of llicir
dco'ivtrnF’nts where nccclTity fha11 rc-
rpiivc. thefc agents may be choien a-
7UO pp' the mFTobants cither national
foreign, and furnlllied with a cotnil-
f on (V.i'Ti Oiie • of the faid Confuls :
Tliov Ih.dl coniine themfelves refneftive-
Iv r.o the ren leriug of their refpei^ive
jn ri-hants, navigitors. and vcffels all
P ifiibb- f.Tviee, to inforul the n.’:(rc(l
C 'ufuls of the W'lnts of the faid, mcr
tltants, tuv-ig.ttorsaiid veiLls, without
the .fnJ ritLc-rtvlft pirllclp.uing
in the immunities, rights, and pri'i-
leges aiiribiiLed to conl'nlsand vice-coh-
fulb, and without power on any pretext
■whatever to exaft from the laid mcr-
chuiits any duly or emolument uhaiio-
ever.
Art. IV. The Confuls and Vice-
Coiiluis refpefti .’clymay ellablilhachan-
ccry, where thall be depofited the Cun-
iuiardeterniinationsafts and proceedings
as alible; aiiients,'obligations, conttaiit-.,
and other afts done by, or between per-
foi.s ot their nation, and elFefts left by
decc.-iied petibns, or laved from Ihip-
■wrcck. The • may coni'equenily appoint
lit perfons to aft in the laid chancery,
Teceise and fvear them in, commit to
them the cuftody of die leal, and autho
rity to feal commiinons, fcntenccs and
other cbnfnlar afts, and allb to difeharge
the funftions of notary and tcgiller of
■the Confulate. ,
Ar’T. V. The ionfuls 'and Vicc-Con-
fus, refpeftivcly lhall have the exclulive
right of receiving in their chancery, or
board of velfels, the declarations and all
other afts, which the captains, mailers,
^ crews, palfengers.andmerchants of their
nation may ^oofe to make there, even
their tcltaments and oilier dilj^ofals by
lall will : and the cc'pies of the faid afts,
duly authenticated by the ’fa'J Con
fuls or Vice-Confuls, under the fcal of
their confulate,' lhall receive faith in lawj
equally as their oKginals would in all
tile n ibunals of the dominions of the M.
€. King and of the Urited States.
They lhall alfo have and exqlufivcly, in
cafe ofthe abfcnce of the teflamentary
executor, admiiiiRrator or legal heir,
the right to inventory, liquidate and
'proceed to the file of the perfonal edate
leftbyfubjefts or citizens of their nation,
who (hall die within the extent cf their
confulate: They lhall proceed therein
^vith the alTiilance of two merchants of
the faid nation or for wart of them* of
any at their choice, and fliall caule to be
depofited in their chancery the elFcfts
and papers of the faid ellates ; and no
officer, judicatory, or of the police, of
the country lhall didurb them or inter
fere therein, in any inanncr ■whatfover ;
C' r.liils and V'ice-Confuls fliall not deli
ver, up the laid effofts, nor the proceeds
thereof to the lanij'ul keirt, or to their or
der, till they flnill caufed to have paid all.
debts which the deceafed lhall have coh-
trafted in the country ; for wliich piir-
pnfe the creditors (hall have a right to
attach the laid cITefts in their h.-inds as
they might of any other individual what-
ttVer, and proceed to obtain fale'of them
till payments of what fliall Be l awfully
due to them. When the debts (hall not
have been contrafted by •judgement,
.deed or note, the fignature W'hereof lhall
be known, payment lhall be onlcred but
'on the creditor’s giving fuilicient furcty
rcfident in the country, to refund the
fums he fliall have unduly received;
principalintcreft andcofts: which furcty
neverthelefs llmll Hand duly difch.irged
^tcr the term of one year in time of
peace, and of two in time of war, if the
demand in difcJnirgc cannot be forined
beforethecndofthistcrtnagainflthelicirs
who lhall prefent thcmfclves. A'il iu
order that the heirs may not lie nnjuilly
kept out of the edefts of the deccafcl
the Confuls and Vice.Confuls in Ibmc
one ofthe g- i.ettes publilhed widiin their
confulate, and that they lhall retain the
faip cHjefts in their hands four months
to anfwer all demands which lhall be
prefented t and they fliall be bbuiiJ after
this delay to deliver to the perfons I'lic-
ceeding thereto what lhall lie more than
fufficient for tlie demands wliich lhall
have been formed.
Art. VI. The Confils and
Vice-Confuls refpeftivcly lhall re
ceive, the dcclar.ationr, protefts and re
ports of all captains and Mailers of their
refpeftive nation on account of avcfa(»e
lolfcs fu.laineil at .f;a j and tlul’e captains
and mailers (li ill li.idgc in tile ciianctry
of the faid Confuls and Vice-C.iiirnls,
the afts which th.?y may liavc made iu
other jiiirts on account of the accidents
which may h.iv( be allcntn them on their
voy age. If a I'lilijeft of tlie M. C. K.
and a ritr/.cn of the IT. S. or a foreigner
are ini crofted In the faid cargo, the avc
r,i -e lli.dl be fettled by the ivibmials of
tb',' coiinrry and not by the Confuls nr
Vice Conl'nls ; but when only the fub-
jefts or citizens of their own nation fliall
be intcrellcd, the refpeftive •ottfah or'
Vicc-i3onfuis ifta'il appoint fidlfiilpcrfojvs
to iettlc the damages and average.
Art. VTI. In cafes whereby tempeft,
' of other accident, ticncli li.ips or velfels
fliall -be rtranded on the c-ills cf the
U. S. and Ihips or Vcirelsof the U. b.
fliall be lli aii*ed on ilic coalls of the do
minions of the M. C. K the Conful or
Vice Ceiiliil neared to tli-e place of liiip-
wrcck fliall qo whatever he may judge
proper, as well for the purpotc of lav ing'
the' laid fliip or velfel, its cargo and ap
purtenances, as for the tloring and Iccu-
riiy of the cfl'eftts and merctiandize la
ved. He may take an inventory of
them, wiihotit the intermeddling of any
officer ot tlie military, of the cuilonis,
of jullice, or of tlie nohee of the country,
otherwil'e than to give to the Confuls,,
Vice-Confuls, captain and crew of the
veil’d fliipwreckvd or llranded all the
fiiccour and lavOr which they lhall aUt
of them, • either for the expedition and
fecurity’ of the faving and of the efl'efts
•faved, as to prevent all dillurbarice.
And in order to prevent all kind of dif-
' pute and diircuflion in the faid cafes of
ihipwreck, it is agreed that when there
fliall be no Coiil'ul, or Vicc>Conlul
to attend to the faving of iht^ wreck,
,or that the refidence of . the faid
Conful or Vicc-Conful(he not being at
[the place of the wreck) fliall be more
dillant from the faid place than that of
the competent Judge of the 'Gouniry,
the latter fliall immediately proceed
therein with all the difpatch, certainty,
and precautions pi efcrlbed by the ref-
peftive laws : but the faid territorial
judge lhall retire, on the arrival ofthe
Co.ii'ul nr Vice Conful, and Piall deliver
over to him the repoit of his proceed
ings, the expences cf which the Conful
or Vice-Conl'ul fh.all canfe to be reimbur-
led to him. as well as thole of faving the
wreck. The merehaiidizc'and vll'efts
faved Ihtill be depofited in the neaieft
cuftom houfe, or pl.icc of fafety, with
the inventory thereof wliich fliall have
been made by the Conful or Vice Con-
ful, or by the Judge who fliall have pro
ceeded in their tibferice, that the faid ef-
fefls and merchandife may be after-
wtuds delivered, (aher levying there
from the cofts) and without Airni of
procefs, to the owners, who being fur
nilbed with fCn order for their delivery
from the nearcll Conful or Vice-Conful,
'lhall reclaim them by thenil'clves, or by
their iFrder, either lor the purpofe of re
exporting Inch niercandife, in which cafe
they fl-.iill pay no kind of duty of ex».
porcaiion, or for tha; of Idling them in
the country, if they be not prohibited
tliere, and in lliis laft cafe, the laid hieri
chandizc, if they be damaged, (hall be
allowed an .ibatemeni of entrance duties
proportioned to the damage they have
i'liftained, which fliall be afiriained by
tlie affid.ivits taken at.the time the vci-
fel was IliipwrcckeJ tir Ihu'ck.
Art. VIII. The Confuls or Vice-
Confuls fliall excrcife I’olice over all the
velfels of their icfpeftive Nations, and
fliall have on board ilie laid ve"frds dll
power and jurifdiftion in civil matters
- in all the diljiutes which may there at ife,
they lhall have an entire infpeftion
over the faid velfels, their crew and the
thanges and I'ulilUiluiions there lo be
piade. For whicli (lurpofe they m,iy go
oh board the ('aid velfels whenever they
may judge it ncccifary. Well underi
flood that the funftions hereby allowed
fliall be confined to the interior of the
velfels, and that they ftudl not take place
hi any cafe whicb lliall have any inter
ference with the Police of the ports
where the faid veffels lhall be.
Art. fX. The Confuls and Vire-
Confiils may c.aufc to he arrefted the
Captains, Officers, M.iriners, .Sailors,
and all other perfons fn'ing p.irt of the
crew.s of the vclfili of their rel’peftive
Nation, V.iiich lhall have defcrled I’rom
the faid veifds in or.! .-r to fend them
back and tr.uifpo't them out of tlie coun
try. For wiiieh put pol’e the faid C.in-
I'liisand Vice Coniiils lliall addrefs
thcmfclves to the Courts, Jiid'pjs, and
Olliccrs CFimpetent, and lhall dcm.i’.ij
tile laid prifoners in ■writing,
proving hy an exliihition of the
rcgiftfvs of the velK-l or fliips roll
that ihnfc men were p u t of the faid
crews : an.l on this den'nii.l lii prove.l
(laving however where tlie rontarv is
t'roved) llieiielivery lliall nrit he refiifed;
and llnre fliall In: till aid anrl af-
li.llance gls-oa to Uic CojU’uis aud ria^
er aruls for the Cearch fu’zure, ini
of the faid deleiters, who lhall even be
detained and kept in tlie prifons of the
coiHiiiy, at" their rtgiucft and expence
Uutill they have found an opportunity of
feuding tliein back,. But if they be noc
feiit back within three months, to be
counted, from the day of their arreft,
they Ih.ill be fet at liberty, and lhall be
no more arrefted for the I’.irae caufe.
A RT. X. Ill cafes where the refpeftive
fubjefts or citizens lhall have committed
an/ crime, or breach of me peace, they
(hall be amenable to the judges of tho
country.
Art. XI. Vi’^hen the faid offienders
fliall be a p.irt of the crew of a velfel cjt
their nation, and (ball have withdra^wn
themfelves pn board the faid velTel they
may be there feized and arrefted by or*
der of the judges of the country; thefe
lhall give notice thereof to the conful ox
vice-confuI, who may repair on board if
he tliiiiks proper ; but this notificatioB-
ihall not in any cafe delay execution of
tlie order in queftion The perfons ar.;
refted lhall not aficrwaiids be fet at li
berty until the conful or vice-conl'uI .
flra'.l have been notified there ; and they
fhallbe delivered> to him, if he requires
it, to be put again on board the faid vefr
fel on wliich they Were arrefted or
others of their na.ion, and to be fentouf
of the country.
Art. XII. All differences and fuiffi
between the fubjefts of the M, C.. K. i(E
U. S. or between the citizens of the U-
nited States w’ithin the dominions of thp
M.C.'K. and particularly all difputesre*
lativc to the wages and terms of engage
ment of the crews of tile refpeftive vefi.
‘fels, and all diflercnces of whatever naa
tiire they be, wliich may arife between
the priv.ates of the faid crews, or between
any of tl.em and their captains, or be
tween the captains of dilfcrcnt velfels nS
their nation, fhall be determined by tha
refpeftive conlbls and vice confuls. ci
ther by a referrence to arbitratois, or by
a fummary judgment and without-
cofts. No officer ol the country, civjj^
or military, fliall interfere therein or taktt
any part whatever in ihe matter : an#
the aiipcals from the faid eoniiilar fetta
tcnces lhall be carried before the tiibuil
nals of France or of the United .States, yt
whom it may appertain to take cognjn
zance thereof.
Art. XIII. The general utilty
commercchaving caufed to be cliablKk-i
ed within the dominions ot the M. C. ^
particular tribunals and (forms for eX4
pediting the decilion of commercial aA
fairs, the merchants of the U. S. fluH
enjoy the benefit of thefc eftablilbmentw
and the Congrefs of the U. S. will pro*
vide in manner moft ccnfoi triable to iu|
laws the cftahliflimrnt of equivalent ada)
vantages in favour of the French nicf*
. chants, for the prompt difp.atch and d«f
cilioii of the fame nature, ,
Art. XIV. The fubjefts'of the hCs
C K. and the citizens ofthe U. S. who
fliall prove by legal evidence that they
are ol' il.e fiiid nations refpeftivcly, fiiafl
in conreeinciicc enjoy an tumption from
nil jieifonal Icivicc in the place of thei#
fcitlcnieiit.
Art. X\'. If any oilier nation ac»
quires by virtue ot any conventioa,
whateve a tre.'ittncnt more favourable^
w iih reipcft to ahy crnfular pre-eminen-
cies, powers, authority and privileges^
the confuls and vice-confuls of the
C. K. or qf tlie U. o. reciprocally fliaUL
participate therein, agreeable to thei
terms Ilipulatcd by the zd. 3. aad 4th.,
afticles of the treaty of amity, andl
commerce concluded between thcM> Cji
K. and the U. S.
Art. XVI. The prffcntsofconveii4
tion fliall he in full lorce during the
term of twelve ycqrs to be couched froim
the day of the exchange of the ratifica.%
tioiis, which lhall be given in proper
form, anti exchanged on both Cdes with^j
in rhe fji.iec t.l one year, or footier j£
polfible. ill faith whcicof we the Mini-*
flers rienipotentiaiy have figned th;;.
pt efeni convention, aad have thereto fg;
the retd tjf our arms,
Done at Verfaillcs, the 14th of Na-
veniher.onc thoul'and feven hundred
eigl.ty-ciglit.
f.Sigi^d)
L. C. Be. MONTMORIN. (L. S.^
'ITIO.MA.S JEFl’ER.SON (L. KlS
FAYETTP VILLE : PR INTEQ
^IBLEY U UOV.'ARiD.