The gazette. [volume] (Portland, Me.) 1798-1799, 1798-07-09
MONDAYr, JULT 9, 1898.
ztiampb Of RsqiSn g Truth !:
The American ENJOYS TO Talleyrand.
Continued from fbe E5f Gazette.

II andy. nat the Judges or the United States
ihould iAue mandates Of arref againR perfons
charged with being deferters, without view
Of the original roll Of the crew.
u It Is very ufly oblervel by Mr. Jefferson,
in his letter 10 Mr.. Morris which has been al
ready cited, that )" every nation has, of natural
right, entrly and excluEvsly all the jurifdidion
which may be rightfully exerciled in the territory
! it oc~upie,. Ifit cedes any portion Of that ju-
rid 6tior to judges appointed BY another nation,
the limit Of their power mutt depend upon
( the iRfrument Of ce(Iion." The parties to the
i, convention ptoteis It's Object to be, " TO define
aad eaablilh in a reciprocal and permanent
I manner the functions aud privileges of conluls,
Sand vice confus."
IT. It is to be expected then, as well from the
intcntion Of the convention efablihing the tribu-
nal, as from the nature cf the tribunal itlelf,
which S foreign court infitute1 by foreign
auth ority, governed BY foreign laws, and amea-
able for its conduit to foreign government that
no power is 10 be implied, and that it podehes
no capacity, which is not expressly given TO it.
To afcertaia then the presto extent Of the fipu-
lation, let the convent ion itlelf be conGdered.
The fri point refs eIcluGvely on the 18th
article, whichis in thele words, call differences
and luits between the fubeas Of his mot chrif-
iian maeRy in the L. S. or between the citizens
of the United States within the dominions Of
The moi chriRian king, and particularly all diff
Pures relative to the wages & terms OF engage
II ment Of the crews Of the reflective veAels, and
all differences Of whatever nature they may be,
which may arhe between the prvIteS OF fad
crews, or between any of them & their captains,
or between the captains Of different vslels, O.
their nations, fhlll Be determined by the pee
alive conus and vice conluls either BY 4 refer
ence to 'bitrators, or by iummary judgment,
and without COTS. No officer Of the country,
civil or military, ihall interfere therein, or take
any part whatever 10 the matter and the ap-
peals from the fdi1 conlIl4r fentences thall be
< carried ttfore the tr bunals of France or Of the
United States, TO whom it may apPertain to take
cognizancc thereof"
In this article no engagement IS made TO tur-
Min the means Of executing con(ulor judgments.
If therefore the preceding petitions be juR, there
4 is an end to the quefion. But o.her arguments
@Prefent themfelves in iuPporr Of the conltruc
r5tion contended for by the United States. The
ssconfular authority in foreign country, IS u(u'
,ly either voluntary, or enforced by the laws of
! the nations to whom the conflls belong, and
which may bind their own citizens or lu5je6ls
other wife. Upon this idea it was flhicient to
aRPllate Pernilion of the Jurisdiction in exclu
iion Of the courts Of the country on any other
idea, It would have been necedIry to have been
Rpulated explicitly and perhaps in detail the
manner in which its icntences lhoulJ be execut-
We'd. To accede to the demands Of France
would be to ered in a foreign country complete
. courts of juhice with efe6tual procef. 10 compel
. tie appearance Of parties & witnefcs & TO exc
6u.e their decllOns. And as the tranl1ctions
sin commerce could not in the nature Of things
SAbe confined to foreigners alone, the citizens Of
the country mutt often be neceHtry winef-s 10
= 'thoie tranaaiOns, and Of courle rendered amen
gable TO this foreign jurisdiction in their own
1scountry whereas the jurisdiction granted by
The article, is onlyof French confus over French
;, ctizens in the United States, and recprOcaly Of
y American conluls over the citizens Of the Y. $
" IN France. This would be 10 extend, by impli-
@cation, the authority of foreign government
gever Perlons not contemplated by the treaty as
.tdubjed to it. The article declares too, that
no officer OF the country, civil or military, ihall
interel therein, take any part in the matter"
DBut lherffs, marhals and their deputies, or any
!, other P1rlons appointed by, and ading under
othe laws Of the country, are "o officers Of the
Country" and consequently cannot aid in he
executions If cCnGular decifons becaufc they
fare expressly forbidden to interfere th rein, OF
u take any part Whatever in the matter"
r. But was it meant that the laws fhould give
5gconluls the power to appoint luch executive
officers Of their own nation? or lhould it be
Conceded that per'On 70 appointed could not
be contidered as an officer of that nation by
1bsirtue OF and according 10 whole laws he held
his Office, fill we find no fuch thing in the con-
y sention. On the contrary in the cafe OF defert
ers from vehels, mentioned in the 9th article
Az whom the conluls are authorized to cauGc to be