(Note. The passages of the convention of 1784, which are not in that of 1788, are printed in italics: those of 1788 which were not in that in 1784, are in a small character.

[Note. The paſſages of the Convention of 1784, which are not in that of 1788, are printed in italics: thoſe of 1788 which were not in that of 1784, are in a ſmall character.

1784. CONVENTION between His moſt Chriſtian Majeſty and the thirteen United States of North America, for the purpoſe of determining and fixing the functions and prerogatives of their reſpective Conſuls, vice-Conſuls, Agents and Commiſſaries.

His Majeſty the moſt Chriſtian King and the thirteen United States of North America, having by the 29th 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 determine and fix in a reciprocal and permanent manner the functions and prerogatives of the ſaid Conſuls, vice-Conſuls, Agents and Commiſſaries, His M. C. Majeſty has nominated the Sieur Charles Gravier, Count of Vergennes, Baron of Wel • erding &c., Counſellor of the King in all his Councils, Commander of his Orders, Counſellor of the State of the Sword, Miniſter and Secretary of State, and of his Commands and Finances; and the United States the Sieur Benjamin Franklin, their Miniſter Plenipotentiary to His moſt Chriſtian Majeſty, who after having communicated to each other their reſpective full powers, agreed upon what follows:

ART. 1. The Conſuls and vice-Conſuls nominated by H. M. C. M. and the U. S. ſhall be bound to preſent their commiſſions on their arrival in the reſpective States, according to the form which ſhall be there eſtabliſhed. There ſhall be delivered to them without any charges the Exequatur neceſſary for the exerciſe of their functions; and on the exhibition they ſhall make of the ſaid Exequatur, the Governors, Commanders, Heads of juſtice, public bodies, Tribunals and other Officers having authority in the ports and places of their conſulates, ſhall cauſe them to enjoy as ſoon as poſſible, and without difficulty, the preeminencies, authority and privileges reciprocally granted, without exacting from the ſaid Conſuls and vice-Conſuls any duty, under any pretext whatever.

ART. 4. The Conſuls and vice-Conſuls, the Officers of the conſulate and in general all perſons attached to the conſular functions, ſhall enjoy reſpectively a full and entire immunity for their perſons their papers, and their houſes. The liſt of the ſaid perſons ſhall be approved and inſpected by the executive power of the place of their reſidence. They ſhall be exempt from all perſonal ſervice and public officers, from ſoldiers billets, militia, watch, guard, guardianſhip and truſtee-ſhip, as well as from all duties, taxes, impoſitions and charges whatſoever, except the real eſtates of which they may be proprietors, which ſhall be ſubject to the taxes impoſed on the eſtates of all other individuals.

They ſhall place, over the outward door of their houſe, the arms of their Sovereign, without that this mark of diſtinction ſhall give to the ſaid houſe the right of aſylum for any malefactor or criminal, ſo that in caſe it ſhould happen that any malefactor or criminal takes refuge there, he ſhall be inſtantly delivered up, on the firſt requiſition, and without difficulty.

ART. 2. The reſpective Conſuls ſhall have power to eſtabliſh vice-Conſuls in the different ports and places of their departments where neceſſity ſhall require. There ſhall be delivered to them likewiſe the Exequatur neceſſary to the exerciſe of their functions in the form pointed out by the preceding article (1) and, on the exhibition which they ſhall make of the ſaid Exequatur, they ſhall be admitted and acknowledged, in the terms and according to the powers, authority and privileges ſtipulated by the 1ſt. 4th. and 5th. articles of the preſent Convention.

ART. 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: it ſhall be their buſineſs reſpectively to render to their reſpective merchants, navigators and veſſels all poſſible ſervice, and to inform the neareſt Conſul or vice-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 the Conſuls and vice-Conſuls, and without power to exact from the ſaid merchants any duty or emolument whatever, under any pretext whatſoever.

ART. 5. Generally in all caſes whatever, which concern the police or adminiſtration of juſtice, where it may be neceſſary to have a juridical declaration from the ſaid Conſuls and vice-Conſuls reſpectively, the Governors, Commandants, chief Juſtice, public bodies, tribunals or other Officers whatever of their reſpective reſidence there having authority▪ ſhall be bound to inform them of it, by writing to them, or ſending to them a military or civil Officer to let them know, either the object which is propoſed, or the neceſſity there is for going to them to demand from them this declaration, and the ſaid Conſuls and vice-Conſuls ſhall be bound on their part to comply faithfully with what ſhall be deſired of them on theſe occaſions.

ART. 6. The Conſuls and vice-Conſuls reſpectively may eſtabliſh a chancery where ſhall be depoſited the Conſular acts and deliberations, all effects left by deceaſed perſons, or ſaved from ſhipwreck, as well as teſtaments, obligations, contracts and in general all the acts and proceedings done between, or by perſons of their nation.

They may in conſequence appoint for the buſineſs of the ſaid chancery capable perſons, receive them, adminiſter an oath to them, give to them the keeping of the ſeal, and the right of ſealing commiſſions, judgments and other acts of the conſulate, as well as there to diſcharge the functions of notaries and regiſters.

ART. 7. 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 the other acts, which the captains, maſters, ſeamen, paſſengers, and merchants of their nation would make there, even their teſtaments and other diſpoſitions of laſt will; and the copies of the ſaid acts, duly authenticated by the ſaid Conſuls or vice-Conſuls, and under the ſeal of their •• nſulate, ſhall receive faith in law in all the tribunals of France and the United States.

They ſhall have alſo, and excluſively the right to inventory, liquidate, and proceed to the ſale of the moveable effects of the eſtates left by ſubjects 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, of their own chuſing, and ſhall depoſit in their chancery the effects and papers of the ſaid eſtates; and no officer military or civil, or of the police of the country, ſhall trouble them or interfere therein, in any manner whatſoever: but the ſaid Conſuls and vice-Conſuls ſhall not deliver up the ſame and their product to the lawful heirs or their attornies, until they ſhall have diſcharged all the debts which the deceaſed ſhall have contracted in the country by judgment, by acts or by notes, the writing and ſigning of which ſhall be known and certified by two principal merchants of the nation of the ſaid deceaſed: and in all other caſes the payment of debts cannot be ordered but on the creditors giving ſufficient and local ſecurity to repay the ſums unduly received, principal, intereſt and coſts; which ſecurities however ſhall remain duly diſcharged after a year in time of peace, and two years in time of war, if the demand in diſcharge cannot be formed before theſe delays againſt the heirs which ſhall preſent themſelves.

ART. 8. The reſpective Conſuls and vice-Conſuls ſhall receive the declarations, conſulates and other conſular acts from all Captains and maſters of their reſpective nation on account of average loſſes ſuſtained at ſea by leakage or throwing merchandiſe over board and theſe Captains and maſters ſhall leave in the chancery of the ſaid Conſuls and vice Conſuls the conſulates and other conſular acts which they may have had made in other ports, on account of the accidents which may have happened to them on their voyage. If a ſubject of his M. C. M. and a citizen of the U. S. are intereſted in the ſaid cargo, the average ſhall be fixed by the Tribunals of the country, and not by the Conſuls or Vice-Conſuls: and the Tribunals ſhall admit the acts and declarations, if any ſhould have been paſſed before the ſaid Conſuls and Vice-Conſuls: but when only the ſubjects of their own nation, or foreigners ſhall be intereſted, the reſpective Conſuls or vice Conſuls and in caſe of their abſence or diſtance their agents furniſhed with their commiſſion ſhall officially nominate ſkilful perſons of their ſaid nation to regulate the damages and averages.

ART. 9. In caſe by ſtorms or other accidents, French ſhips or veſſels ſhall run aſhore on the coaſts of the U. S. and the ſhips and veſſels of the U. S. ſhall run a ſhore on the coaſts of France, the Conſul or vice-Conſul neareſt to the place of ſhipwreck ſhall do whatever he may judge proper, as 〈◊〉 for the purpoſe of ſaving the ſaid ſhip or •• ſſel, its cargo and appartunances, as for the ſtoring and ſecurity of the effects and merchandiſe ſaved. He may take an inventory, without any officers military, of the cuſtom houſe, juſtices or the police of the country interfering, otherwiſe than to facilitate to the Conſuls, vice-Conſuls, captain, and crew of the veſſel ſhipwrecked or run a ſhore, all the aſſiſtance and favour which they ſhall aſk, either for the celerity and ſecurity of the ſalvage and effects ſaved, or to prevent all diſturbances.

To prevent even any kind of diſpute and diſcuſſion in the ſaid caſes 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 expences 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 cogniſance 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 by their attornies, either for the purpoſe of reexporting 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 damage ſuſtained, which ſhall be aſcertained by the verbal proceſs formed at the time of the ſhipwreck, or of the veſſels running aſhore.

ART. 10. 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 U. S. to France, or from France to the U. S. They may cauſe to be arreſted, without difficulty, every Captain, Maſter, Sailor or paſſenger of their ſaid re • pective 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 ship's regiſter, 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 cogniſance 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 expence 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.

Art. 11. In caſes where the reſpective ſubjects ſhall have committed any crime, they ſhall be amenable to the Judges of the Country.

Art. 12. All differences and ſuits between the ſubjects of His M. C. M. ſettled in the U. S. or between the citizens and ſubjects of the U. S. ſettled in France, and all differences and ſuits concerning Commerce, between the ſubjects of His M. C. M. and one of the parties reſiding in France or elſe where, and the other in the U. S. or between the citizens and ſubjects of the U. S. one of the parties reſiding in the U. S. or elſwhere, and the other in France

ſhall be determined by the reſpective C •• ſuls, 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 U. S. to whom it may appertain to take cogniſance thereof. The Conſuls or Vice-Conſuls shall not take cogniſance of diſputes or differences, which shall ariſe betwixt a ſubject of His M. C. M. and a citizen of the U. S. but the ſaid diſputes shall be brought before the Tribunals to which the defendant shall be amenable.

Art. 13. The general utility of Commerce having cauſed to be eſtabliſhed in France Tribunals & particular forms to accelerate the deciſion of commercial affairs, the Merchants of the U. S. ſhall enjoy the benefit of theſe eſtabliſhments in France and the Congreſs of the U. S. ſhall recommend to the Legiſlatures of the different States to provide equivalent advantages in favour of the French Merchants, for the prompt diſpatch and deciſion of affairs of the ſame nature.

Art. 14. The ſubjects of his M. C. M. and thoſe of the U. S. who ſhall prove that they belong to the body of their 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 regiſters 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 11th. 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.

Art. 15. If any other Nation acquires, by virtue of 〈◊〉 convention whatever either in France or in the U. S. a treatment more favourable with reſpect to the conſular pre-eminencies, powers, authority and privileges, the Conſuls, vice-Conſuls and Agents of His M. C. M. or the U. S. reciprocally ſhall participate therein, agreeable to the terms ſtipulated by the 2d. 3d. and 4th. articles of the treaty of amity and commerce, concluded between His M. C. M. and the U. S.

Art. 16.

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 under-written 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. July one Thouſand ſeven hundred and eighty four.

Signed Gravier de Vergennes. L. S. B. Franklin. L. S.

1788. 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.

His Majeſty the moſt Chriſtian King and the United States of America having by the 29th 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 M. C. Majeſty has nominated the Sieur Count of Montmorin of St. Herent, Marechal of his Camps and Armies, Knight of his Orders and of the Golden Fleece, his Counſellor 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 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:

ART. I. The Conſuls and vice-Conſuls named by the M. C. K. and the U. S. ſhall be bound to preſent their commiſſions according to the forms which ſhall be eſtabliſhed reſpectively by the M. C. K. within his dominions, and by the Congreſs within the U. S. there ſhall be deliver▪ 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 preeminencies, authority and privileges, reciprocally granted, without exacting from the ſaid Conſuls and vice-Conſuls any fee, under any pretext whatever.

ART. II. 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, truſtee-ſhip, 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 individuals: 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.

ART. III. 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.

ART. IV. 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 〈◊〉 left by 〈◊〉 or ſaved 〈◊〉 ſhipwreck.

They may conſequently appoint fit perſons to act in the ſaid chancery, qualify 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 notaries and regiſters of the Conſulate.

ART. V. The Conſuls and vice-Conſuls reſpectively ſhall have the excluſive right of receiving in their chancery, or on board their veſſels, the declarations and all other the acts, which the captains, maſters, crews, paſſengers, and merchants of their nation may chuſe 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 M. C. King and of the United States.

They ſhall alſo have, and excluſively, in caſe of the abſence of the teſtamentary executor, guardian or lawful repreſentative, 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 repreſentatives 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 creditor 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 diſcharge cannot be formed before the end of this term againſt the repreſentatives who ſhall preſent themſelves.

And in order that the repreſentatives may not be unjuſtly kept out of the effects of the deceaſed the Conſuls and vice-Conſuls ſhall notify his death in ſome one of the gazettes publiſhed within their conſulate, and that they ſhall retain the ſaid effects in their hands four months to anſwer all juſt demands which ſhall be preſented: and they ſhall be bound after this delay to deliver to the perſons ſucceeding thereto what ſhall be more than ſufficient for the demands which ſhall have been formed.

ART. VI. The Conſuls and vice-Conſuls reſpectively ſhall receive the declarations, proteſts and reports of all captains and maſters of their reſpective nation on account of average loſſes ſuſtained at ſea: & theſe captains and maſters ſhall lodge in the chancery of the ſaid Conſuls and vice-Conſuls, the acts which they may

have made in other ports on account of the accidents which may have happened to them on their voyage. If a ſubject of the M. C. K. and a citizen of the U. S. or a foreigner are intereſted in the ſaid cargo, the average ſhall be ſettled by the tribunals of the country and not by the Conſuls or vice-Conſuls; but when only the ſubjects or citizens of their own nation ſhall be intereſted, the reſpective Conſuls or vice-Conſuls ſhall appoint ſkilful perſons to ſettle the damages and average.

ART. VII. In caſes where by tempeſt, or other accident, French ſhips or veſſels ſhall be ſtranded on the coaſts of the U. S. and ſhips or veſſels of the U. S. ſhall be ſtranded on the coaſts of the dominions of the M. C. K. the Conſul or vice-Conſul neareſt to the place of ſhipwreck ſhall do whatever he may judge proper, as well for the purpoſe of ſaving the ſaid ſhip or veſſel, its cargo and appurtenances, as for the ſtoring and the ſecurity of the effects and merchandiſe ſaved. He may take an inventory of them, without the intermedling of any officers of the military, of the cuſtoms, of juſtice, or of the police of the country, otherwiſe than to give to the Conſuls, vice-Conſuls, captain and crew of the veſſel ſhipwrecked or ſtranded all the ſuccour and favour which they ſhall aſk of them, either for the expedition and ſecurity of the ſaving and of the effects ſaved, as to prevent all diſturbance.

And in order to prevent all kind of diſpute and diſcuſſion in the ſaid caſes of ſhipwreck, it is agreed that when there ſhall be no Conſul or vice-Conſul to attend to the ſaving of the wreck, or that the reſidence of the ſaid Conſul or vice-Conſul (he not being at the place of the wreck) ſhall be more diſtant from the ſaid place than that of the competent Judge of the Country, the latter ſhall immediately proceed therein, with all the diſpatch, certainty and precautions preſcribed by the reſpective laws; but the ſaid territorial Judge ſhall retire, on the arrival of the Conſul or vice-Conſul, and ſhall deliver over to him the report of his proceedings, the expences of which the Conſul or vice-Conſul ſhall cauſe to be reimburſed to him, as well as thoſe of ſaving the wreck.

The merchandiſe and effects ſaved ſhall be depoſited in the neareſt cuſtom houſe, or other place of ſafety, with the inventory thereof which ſhall have been made by the Conſul or vice Conſul, or by the Judge who ſhall have proceeded in their abſence, that the ſaid effects and merchandiſe may be afterwards delivered, (after levying therefrom the coſts) and without form of proceſs, to the owners, who being furniſhed with an order for their delivery from the neareſt Conſul or vice-Conſul, ſhall reclaim them by themſelves, or by their order, either for the purpoſe of reexporting ſuch merchandiſe, in which caſe they ſhall pay no kind of duty of exportation, or for that of ſelling them in the Country, if they be not prohibited there, and in this laſt caſe, the ſaid merchandiſe, if they be damaged, ſhall be allowed an abatement of entrance duties proportioned to the damage they have ſuſtained, which ſhall be aſcertained by the affidavits taken at the time the veſſel was wrecked or ſtruck.

Art. VIII. The Conſuls and vice-Conſuls ſhall exercice 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 ſubſtitutions 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.

Art. 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 Nation 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 ſhip'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 aſſiſtance 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 expence 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.

Art. 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.

Art. 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 on board of the veſſel on which they were arreſted, or of others of their Nation, and to be ſent out of the Country.

ART. 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 b • 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 U. S. to whom it may appertain to take cognizance thereof.

ART. 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 favour of the French merchants, for the prompt diſpatch and deciſion of affairs of the ſame nature.

ART. 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.

ART. XV. If any other nation acquires by virtue of any convention whatever, a treatment more favourable with reſpect to the conſular preeminencies, powers, authority and privileges, the Conſuls and vice-Conſuls of the M. C. K. or of the U. S. reciprocally ſhall participate therein, agreeable to the terms ſtipulated by the 2d. 3d. and 4th. articles of the treaty of amity and commerce, concluded between the M. C. K. and the U. S.

ART. 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 ſpace 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.

Signed L. C. De Montmorin. L. S. Th. Jefferſon. L. S.