If not, shall a treaty be proposed to him ad referendum, in which the conditions shall be detailed on which the persons, ships, productions, and manufactures of each shall be received with the other, and the imports to which they shall be liable be formed into a tariff?

Shall the Senate be consulted in the beginning, in the middle, or only at the close of this transaction?

II. As to England.

Shall Mr. Hammond be now asked whether he is instructed to give us any explanations of the intentions of his court, as to the detention of our Western posts, and other infringements of our treaty with them?

Shall he be now asked whether he is authorized to conclude, or to negotiate any commercial arrangements with us? November 26, 1791.

XIX.

Plan of a Bill concerning Consuls.

The matter of the bill will naturally divide as follows: I. Foreign Consuls residing within the United States under a convention.

II. Consuls of the United States residing in foreign countries under a convention.

III. Provision for future conventions, and cases where there is no convention.

Preliminary observations.-Nothing should be inserted in the bill which is fully and adequately provided for by the convention with France, because weak magistrates may infer from thence, that the parts omitted were not meant by the Legislature to be enforced.

Are not the first, second and third sections of the printed bill objectionable in this view? The instructions of the Executive to their consuls will of course provide for the notification directed in the second clause.

I. For carrying into full effect the convention between his most Christian Majesty and the United States of America, entered into for the purpose of defining and establishing the functions and privileges of their respective Consuls and Vice-Consuls, Be it enacted by the Senate and House of Representatives of the United States of America, that where, in the seventh article of the said convention, it is agreed when there shall be no Consul or Vice-Consul of his most Christian King to attend to the saving of the wreck of any French vessel stranded on the coast of the United States, or that the residence of the said Consul or ViceConsul (he not being at the place of the wreck) shall be more distant from the same place than that of the competent judge of the country, the latter shall immediately proceed to perform the office therein prescribed, the nearest (here name the officer) shall be the competent judge designated in the said article, and it shall be incumbent on him to perform the office prescribed in the said article, and according to the tenor thereof. Go on to direct who, in conjunction with the Consul or Vice-Consul, (if there be one,) shall ascertain the abatement of duties on the damaged goods stipulated in this article.

Article 9th allows the Consuls of the most Christian King to arrest and imprison deserted captains, officers, mariners, seamen, and all others being part of a ship's crew. For which purpose

they are to address themselves to the courts, judges, and officers competent, who are to aid in arresting the deserter, and to confine him in the prisons of the country. Say who are the competent courts, judges, and officers to whom he is to apply, and what prisons they shall use.

This clause confines the terms of imprisonment to three months. The French Consuls represent that in many ports of the United States, no opportunity of re-conveying by a French ship occurs within that term, and they ask a longer. Suppose it be referred to the Federal district judge on application by the French Consul, and on his showing good cause, to prolong the term from time to time, not exceeding three months additional in the whole.

Article 12th. It is necessary to authorize some officer to execute the sentences of the Consul, not extending to life, limb or

liberty. Will it be best to require the Marshal residing at the port to do it, (and make it the duty, where none resides, to appoint a deputy residing there,) or to allow the Consul to constitute some person of his nation an officer for the purpose? If it should be thought indifferent to us, it might be well to pay the French the compliment of asking their minister here which he would prefer, and it would shield us from complaints of delinquencies in the executing officer.

II. Article 12th. Say by what law the Consul of the United States, residing in the French dominion, shall decide the cases whereof he has jurisdiction, viz.: by the same law by which the proper federal court would decide the same case.

Direct appeals from Consular sentences to the proper Federal court, and save defects of formality in proceedings, where the matter is substantially stated.

Article 4th. Declare what validity the authentication under the Consular seal, of any instrument executed in foreign countries, shall have in the courts of the United States.

[Duties not prescribed in the Convention.]

To subsist ship-wrecked or wandering seamen till an opportunity offers of sending them back to some port of the United States, and to oblige every master of an American vessel homeward bound, to receive and bring them back in a certain proportion; they working, if able.

Where a ship is sold in a foreign port, oblige the master to send back the crew, or furnish wherewithal to do it, on pain of an arrest by the Consul on his ship, his goods, and his person, (if the laws of the land permit it,) until he does it.

Oblige all American masters (on pain of arrest, till compliance, of their vessel, cargo, or person, or such other pain as shall be thought effectual) on their arrival in any foreign port within the jurisdiction of a Consul or Vice-Consul of the United States, to report to him or his agent in the port, their ship's name, and owners, burthen, crew, cargo, and its owners, from what port of the United States they cleared, and at what ports they have touched. Also to report to the Consul the cargo they take in,

and the port or ports of destination, and to take his certificate that such report has been made, on like pain.

Allow certain fees to Consuls where none are already allowed, for the same services, by the laws of the countries in which they reside.

Allow salaries not exceeding three thousand dollars to one Consul in each of the Barbary States.

III. Where there are Consuls of the United States residing in foreign countries, with which we have no convention, but whose governments indulge our Consuls in the exercise of functions, extend the provisions of this bill, or such of them as such government permits, to such Consuls of the United States residing with them.

Also where any Consular Convention shall hereafter be removed with the same, or entered into with any other nation, with stipulations corresponding to those provided for in this bill, extend the provisions of the bill respectively to the Consuls onboth sides.

XX.

Matters to be arranged between the Governments of England and United States. December 12th, 1791.

The discussions which are opening between Mr. Hammond and our government, have as yet looked towards no objects but those which depend on the treaty of peace. There are, however, other matters to be arranged between the

two governments,

some of which do not rest on that treaty. The following is a statement of the whole of them:

1st. The Western ports.

2d. The negroes carried away.

3d. The debt of their bank to Maryland, and perhaps Rhode Island.

4th. Goods taken from the inhabitants of Boston, while the town was in their possession, and compensation promised.

5th. Prizes taken after the dates at which hostilities were

to cease

6th. Subsistence of prisoners.

7th. The Eastern boundary.

Which of these shall be taken into the present discussion? Which of them shall be left to arrangement through the ordinary channels of our ministers, in order to avoid embarrassing the more important points with matters of less consequence?

On the subject of commerce shall Mr. Hammond be desired to produce his powers to treat, as is usual, before conferences are held on that subject?

XXI.

Memorandum of communications made to a committee of the Senate on the subject of the diplomatic nominations to Paris, London, and the Hague. January 4th, 1792.

The Secretary of State having yesterday received a note from Mr. Strong, as chairman of a committee of the Senate, asking a conference with him on the subject of the late diplomatic nominations to Paris, London, and the Hague, he met them in the Senate-chamber in the evening of the same day, and stated to them in substance what follows:

That he should on all occasions be ready to give to the Senate, or to any other branch of the government, whatever information might properly be communicated, and might be necessary to enable them to proceed in the line of their respective offices: that on the present occasion, particularly, as the Senate had to decide on the fitness of certain persons to act for the United States at certain courts, they would be the better enabled to decide, if they were informed of the state of our affairs at those courts, and what we had to do there: that when the bill for providing the means of intercourse with foreign nations was before the legis lature, he had met the committees of each House, and had given them the ideas of the executive as to the courts with which we should keep diplomatic characters, and the grades we should employ that there were two principles, which decided on the