1739. CONSULAR CONVENTION, History of French.—
In 1784 a convention was
entered into between Dr. Franklin and the
Count de Vergennes concerning consuls. It
contained many things absolutely inadmissible
by the laws of the several States, and inconsistent
with their genius and character. Dr.
Franklin not being a lawyer, and the project
offered by the Count de Vergennes being a
copy of the conventions which were established
between France and the despotic States
on the continent (for with England they never
had one), he seems to have supposed it a
formula established by universal experience,
and not to have suspected that it might contain
matters, inconsistent with the principles
of a free people. He returned to America
soon after the signature of it. Congress
received it with the deepest concern. They
honored Dr. Franklin, they were attached to
the French nation; but they could not relinquish
fundamental principles. They declined
ratifying it, and sent it back with new
powers and instructions to Mr. Jefferson,
who succeeded Dr. Franklin at Paris. The
most objectionable matters were the privileges
and exemptions given to the consuls, and their
powers over persons of the nation, establishing
a jurisdiction independent of that of the
nation in which it was exercised, and uncon
trollable by it. The French government
valued these because they then apprehended a
very extensive emigration from France to the
United States, which this convention enabled
them to control. It was, therefore, with the
utmost reluctance, and inch by inch, that they
could be induced to relinquish those conditions.
The following changes, however, were
effected by the convention of 1788: The
clauses of the convention of 1784, clothing
consuls with the privileges of the laws of
nations, were struck out, and they were expressly
subjected in their persons and property,
to the laws of the land. The giving the
right of sanctuary to their houses was reduced
to a protection of their chancery room
and its papers. Their coercive power over
passengers were taken away; and those whom
they might have termed deserters of their
nation, were restrained to deserted seamen
only. The clause allowing them to arrest and
send back vessels was struck out, and instead
of it they were allowed to exercise a police
over the ships of their nation generally. So
was that which declared the indelibility of the
character of subject, and the explanation and
extension of the eleventh article of the treaty
of amity. The innovations in the laws of
evidence were done away; and the convention,
from being perpetual, was limited to twelve
years. Although strong endeavors were made
to do away some other disagreeable articles,
yet it was found that more could not be done
without disturbing the good humor, which
Congress wished so much to preserve, and the
limitation obtained for the continuance of the
convention insured our getting finally rid of
the whole. Congress, therefore, satisfied with
having so far amended their situation, ratified
the convention of 1788 without hesitation. [103]
—
To Mr. Wingate. Washington ed. ix, 462.
(1803)
