Gambar halaman
PDF
ePub

1782. July 16.

payments inter.

give the whole arrears of interest to this day, and from thence to the date of the treaty of peace; a favor which the minister of the congress of the United States acknowledges to flow from the pure bounty of the king, and which he accepts in the name of the said United States with profound and lively acknowledgments.

ART. 4. The payment of the said eighteen millions of livres tournois shall be in ready money at the royal treasury of his majesty at Paris, in twelve equal parts, and at the terms stiIn proportion to pulated in the above second article. The interest of the said est to diminish. sum, at five per cent. per annum shall commence with the date of the treaty of peace, and shall be paid at every period of the partial payments of the capital, and shall diminish in proporPayments may tion with the payments. The congress of the said United be anticipated. States being left, however, at liberty to free themselves sooner from this obligation by anticipated payments, in case the state of their finances will admit.

Loan made by
France, in Hol-

land, acknow-
ledged to be for

the use of the U. States.

Promise of the

repay the loan

have been made

at Paris.

ART. 5. Although the loan of five millions of florins of Holland, agreed to by the states general of the United Provinces of the Netherlands, on the terms of the obligation passed on the 6th of November, 1781, between his majesty and the said states General, has been made in his majesty name, and guaranteed by him; it is nevertheless acknowledged by these presents, that the said loan was made in reality on account, and for the service, of the United States of North America, and that the capital, amounting, at a moderate valuation, to the sum of ten millions livres tournis, has been paid to the said United States, agreeably to a receipt for the payment of the said sum, given by the undersigned minister of congress, the seventh day of June last.

ART. 6. By the convention of the said 5th of November, French king to 1781, the king has been pleased to promise and engage to furin Holland, ac- nish and pay at the general counter of the states general of the knowledged to Netherlands, the capital of the said loan, with the interest at upon the pledge four per cent. per annum, without any charge or deduction of Congress to repay it into the whatever to the lenders, so that the said capital shall be wholly royal treasury, repaid after the space of five years, the payments to be made in ten equal periods, the first of which to commence the sixth year from the date of the loan, and afterwards from year to year to the final payment of the said snm; but it is in like manner acknowledged by this act, that this engagement was entered into by the king, at the request of the undersigned minister of the United States, and on the promise by him made in the name of congress, and on behalf of the thirteen United States, to cause to be reimbursed and paid at the royal treasury of his

majesty at Paris, the capital, interest and cost of the said loan according to the conditions and terms fixed by the said convention of the 5th of November, 1781.

[ocr errors]

1782.

July 16,

ART. 7. It is accordingly agreed and settled, that the sum Agreement, on the pledge of of ten million livres tournois, being, by a moderate computa- Congress,to retion, the principal of the loan of five millions of Holland florins pay the Dutch loan in Paris, above mentioned, shall be reimbursed, and paid in ready mo- in ten equal annual payments, ney at the royal treasnry of his majesty at Paris, with the in- with four per terest at four per cent. per annum, in ten equal payments, of cent. interest. one million each, and in ten terms, the first of which shall be on the 5th of November, 1787, the second the 5th November, 1778, and so from year to year, till the final payment of the said sum of ten millions, the interest lessening in proportion with the partial payments of the capital. But in consequence of the king's affection for the United States, his majesty has been pleased to charge himself with the expense of commission and bank for the said loan, of which expenses his majesty has made a present to the United States, and this their undersigned minister accepts, with thanks, in the name of congress, as a new proof of his majesty's generosity and friendship for the said United States.

UnitedStates to

ART. 8. With regard to the interest of the said loan during Interest on the the five years preceding the first term of payment of the capi- loan in Holland for five years, tal, as the king has engaged to pay it at the general counter of preceding the the states general of the Netherlands, at the rate of four per of the principal, 1st term of pay cent. yearly, and every year, counting from the 5th of Novem- to be paid bythe ber 1781, according to the convention of that day, the minister France. of congress acknowledges that the repayment of that is due to his majesty by the United States, and he engages in the name of the said United States, to cause payment thereof to be made, at the same time and at the same rate at the royal treasury of his majesty; the first year's interest to be paid the 5th of No. vember next, and so yearly, during the five years preceding the first term for the payment of the capital, fixed as above on the 5h of November, 1787.

The high contracting parties reciprocally bind themselves to Ratifications to the faithful observance of this contract, the ratifications of be exchanged in nine months. which shall be exchanged in the space of nine months from this day, or sooner, if possible.

In testimony whereof, we, the said plenipotentiaries of his
most christian majesty, and of the thirteen United States of North
America, in virtue of our respective powers, having signed these pre-
sents, and thereunto fixed the seal of our arms.

Done at Versailles, the sixteenth day of July, one thousand seven hundred
and eighty-two.
GRAVIER DE VERGENNES, [L. s.]
B. FRANKLIN.

[L. S.]

1788. November 14.

Convention de

fining and esta

TRANSLATION.

No. 4.-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 blishing consu- of America, having by the twenty-ninth article of the treaty of lar and vice- amity and commerce concluded between them, mutually graners and privi- ted the liberty of having in their respective states and ports, leges.

consular pow

Consuls to present commiss

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 most christian majesty has nominated the sieur count of Montmorin, of St. Herent, maréchal 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 the sieur 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. 1. The consuls and vice consuls named by the most ions and receive christian king and the United States, shall be bound to preexequatur without charge. sent their commissions according the forms which shall be established respectively by the most christian king within his dominions, and by the congress within the United States. There shall be delivered to them, without any charges, the exequatur necessary for the exercise of their functions; and on exhibting 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 pre-eminences, authority, and privileges, reciprocally granted, without exacting from the said consuls and vice consuls any fee, under any pretext whatever..

Consulsexempt ART. 2. The consuls and vice consuls, and persons attachfrom personal ed to their functions-that is to say their chancellors and community,&c. secretaries, shall enjoy a full and entire immunity for their

service in the

chancery and the papers which shall be therein contained

ORIGINAL.

Convention entre le Roi très Chrétien, et les Etats Unis de l'Amérique, a l'effet de determiner et fixer les fonctions et préroga. tives des consuls et vice consuls respectifs.

Sa majesté le roi très chrétien, et les Etats Unis de l'Amérique, s'étant accordés mutuellement par l'art. 29 du traité d'amitié et de commerce conclu entr'eux, la liberté de tenir dans leurs états et port respectifs, des consuls, et vice consuls, agens et commissaires, et voulant en conséquence determiner et fixer d'une manière réciproque et permanente, les fonctions et prérogatives des consuls et vice consuls qu'ils ont juge convenable d'établir de préférence, sa majesté très chrétienne a nommé le sieur comte de Montmorin de St. Herent maréchal de ses camps et armées, chevalier de ses ordres et de la toison d'or, son conseiller en tous ses conseils, ministre et secrétaire d'état et de ses commandments et finances, aïant le départment des affaires étrangères; et les Etats Unis ont nommé le sieur Thomas Jefferson, citoyen des Etats Unis de l'Amérique, et leur ministre plénipotentiaire auprés du roi, lesquels, après s'être communiqué leurs plein-pouvoirs respectifs sont connenus de ce qui suit:

1778. November 14.

ART. 1. Les consuls et vice consuls nommés par le roi très chrétien et les Etats Unis seront tenûs de présenter leurs provisions selon la forme qui se trouvera établie respectivement par le roi très chrétien dans ses états, et par le congrés dans les Etats Unis. On leur délivrera sans aucuns fraîx l'exequatar nécessaire à l'exercice de leurs fonctions, et sur l'exhibition qu'ils feront du dit exequatur, les gouverneurs, commandants, chefs de justice, les corps tribunaux ou autres officiers aïant autorité dans les ports et lieux de leurs consulats, les y feront jouïr aussitôt et sans difficulté des préeminences, autorité, et privilegés accordés reciproquement, sans qu'ils puissant éxiger des dits consuls et vice consuls aucun droit sous aucun prétexte quelconque.

ART. 2. Les consuls et vice consuls et les personnes attachées à leurs fonctions, savoir: leurs chancéliers et secrétaires, jouïront d'une pleine et entière immunité pour leur chancéllerie et les papiers qui y seront renfermes. Ils seront éxemta

1788.

November 14.

Consuls may establish agents

Functions of

They shall be exempt from all personal service, from soldiers" billets, militia, watch, guard, guardianship trusteeship, 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. 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: such consular 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.

agents.

Consuls may establish a chan.

official papers.

ART. 4. The consuls and vice consuls respectively may cery for the safe establish a chancery, where shall be deposited the consular keeping of their determinations, acts, and proceedings, as also testaments, obligations, contracts, and other acts done by or between persons of their nation, and effects left by deceased persons, or saved from shipwreck. They may consequently appoint fit persons to act in the said chancery, receive 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 notary and register of the consulate.

Rights,authority, and duty of consuls.

ART. 5. 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 other the acts which the captains, masters, crews, passengers, and merchants of their nation may choose to make there, even their testaments

« SebelumnyaLanjutkan »