The Diplomatic Correspondence of the American Revolution
Chapter 39 : Are to maintain in their department the privileges of their nation according to treatie

Are to maintain in their department the privileges of their nation according to treaties.

To have inspection and jurisdiction, as well civil as criminal, over all the subjects of their States who happen to be in their department, and particularly over commerce and merchants.

This sort of commission is not given, but to persons above thirty years of age.

Those appointed should cause their powers to be registered in the nearest Court of Admiralty, and in the Chamber of Commerce, if there is one, near the place of their residence.

On his arrival there, the Consul should publish his powers in the a.s.sembly of merchants of his country happening to be there at the time, and put them on the records of the Consulate.

When there is any question that affects the general affairs of the commerce of his nation, he ought to convoke all the merchants and masters of vessels of his nation then in the place, who are obliged to attend, under penalty, according to the resolutions taken in these a.s.semblies; the Consul issues orders which ought to be executed, and of which he should send copies every three months to the Lieutenant General of the nearest Admiralty and Chamber of Commerce.

The jurisdiction of Consuls extends to several objects, for he not only supplies the place of a Court of Admiralty, but also of a common court of justice.

In civil matters the judgments are to be executed, provisional security being given for the sum adjudged; in criminal matters definitively and without appeal, if given with two of the princ.i.p.al merchants of his country a.s.sisting, except where corporal punishment appertains to the crime, in which case the process and proofs are to be drawn up by the Consul, and sent with the criminal by the first vessel of the nation, to be judged by the proper authority in the first port thereof where he arrives.

The Consul may also oblige any of his nation to depart, if they behave scandalously, and captains are obliged to take them, under a penalty.

If the Consul has any difference with the merchants of the place, the parties are to appear in the next Court of Admiralty, and the cause is to be there adjudged.

The Consul has a clerk, who keeps an office, in which all the acts of the Consulate are registered. He names also the officers who execute his precepts, and takes their oaths. If war happens, the Consuls retire.

TO THE PRESIDENT OF CONGRESS.

Pa.s.sy, 23d July, 1778.

Sir,

We have just received a message from the Count de Vergennes, by his secretary, acquainting us that information is received from England, of the intention of the cabinet there to offer, (by additional instructions to their commissioners) independence to the United States, on condition of their making a separate peace, relying on their majority in both Houses for approbation of the measure. M. de Vergennes upon this intelligence requests, that we would write expressly to acquaint the Congress, that though no formal declaration of war has yet been published, the war between France and England is considered as actually existing, from the time of the return of the Amba.s.sadors; and that if England should propose a peace with France, the immediate answer to the proposition would be, "our eventual treaty with the United States is now in full force, and we will make no peace but in concurrence with them." And we have given it as our firm opinion, that such an answer will be given by you without the least hesitation or difficulty, though you may not have been informed before, as you now are, that war being actually begun, the eventual treaty is become fully and completely binding.

We are, with great respect, &c.

B. FRANKLIN, JOHN ADAMS.

TO THE PRESIDENT OF CONGRESS.

Pa.s.sy, 29th July, 1778.

Sir,

Mr Livingston received a commission from us, as Lieutenant of the Boston, and made a cruise in her, in which he had the good fortune to take four prizes. He is now obliged to leave the s.h.i.+p, but we have the pleasure of a letter from Captain Tucker, in which he gives us a handsome character of Mr Livingston, and of his conduct during the cruise. We have also a good opinion of him, and recommend him to the favor of Congress.

We are, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Pa.s.sy, 29th July, 1778.

Gentlemen,

We have the honor of your letters of May 14th and 15th. We congratulate you on the general good appearance of our affairs, and we are happy in your a.s.surances, that it is your fixed determination to admit no terms of peace, but such as are consistent with the spirit and intention of our alliance with France, especially as the present politics of the British cabinet aim at seducing you from that alliance, by an offer of independence, upon condition you will renounce it, a measure that will injure the reputation of our States with all the world, and destroy their confidence in our honor.

No authenticity from Congress to make an alteration in the treaty, by withdrawing the 11th and 12th articles, has yet reached us. But we gave an extract of your letter to the Count de Vergennes, when we exchanged ratifications, who expressed an entire willingness to agree to it. We wish for the powers by the first opportunity. We have not yet seen M. Beaumarchais, but the important concern with him shall be attended to as soon as may be.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, 29th July, 1778.

Gentlemen,

I have received the letter, which you did me the honor to transmit on the 16th instant. His Majesty relies greatly on the succors of provisions, which the government of Ma.s.sachusetts Bay may furnish the islands of St Pierre and Miquelon.

The difficulties which the privateers of the United States have experienced till now in the ports of France, either as to the sale of their prizes, or to secure their prisoners, must cease, from the change of circ.u.mstances. I make no doubt on the other hand, but that the United States will grant the same facilities to French privateers.

To accomplish this double object, I have drafted a plan of regulations, which I earnestly request you to examine, and to note what you think of it; or even to point out such other means as may answer the same purpose, so that I may receive his Majesty's orders. I have the honor to be, &c.

DE SARTINE.

TO M. DE SARTINE.

Pa.s.sy, August 13th, 1778.

Sir,

Your Excellency's letter of the 29th of July, enclosing a plan for a system of regulations for prizes and prisoners, we had the honor of receiving in due time, and are very sorry it has remained so long unanswered.

In general, we are of opinion, that the regulations are very good; but we beg leave to lay before your Excellency the following observations.

Upon the 2d article we observe, that the extensive jurisdiction of the Judges of Admiralty in America, which, considering the local and other circ.u.mstances of that country, cannot easily be contracted, will probably render this regulation impracticable in America. In France it will, as far as we are able to judge of it, be very practicable, and consequently beneficial. But we submit to your Excellency's consideration, whether it would not be better in America after the words "_les dites Juges_" to add,--or the Register of the Court of Admiralty, or some other person authorized by the Judge. The jurisdiction of the Court of Admiralty in America extending for some hundred miles, this regulation would be subject to great delays, and other inconveniences, if it was confined to the Judge. The 4th article seems to be subject to the same inconveniencies, and therefore to require the same amendment.

Upon the 14th article, we beg leave to submit to your Excellency's consideration, whether the heavy duties upon British merchandise and manufactures, if these are to be paid upon prize goods, will not operate as a great discouragement to the sale of prizes made by American cruisers; and whether it would be consistent with his Majesty's interest to permit merchandise and manufactures, taken in prizes made by Americans, to be stored in his Majesty's warehouses, if you please, until they can be exported to America, and without being subject to duties.