The Secretary to the United States for the Department of Foreign Affairs, to whom was referred back his report of 4 July 1785, on the Consular Convention between France and the United States—Reports

That in his opinion a Copy of that report should be transmitted to the Minister Plenipotentiary of the United States at Paris, in order that he may thereby become fully informed of the objections to which the Convention is liable—

That a Certified Copy of the Act of Congress of the 25 day of January 1782 authorizing and directing the honble. Dr. Franklin to conclude a Consular Convention be also sent to him.

That a Certified Copy of the Scheme of such Convention, referred to in the above Act of Congress, be also sent to him—

That he be instructed to communicate the said Act of Congress, and the said Scheme, to his most Christian Majesty, and to point out to him the instances in which the Convention deviates from the said Scheme—

That he be also instructed to propose to his Majesty that the said Convention be so amended, as perfectly to correspond with the Scheme in every part where a deviation from the same is not permitted by the said Act—and further that he represent to his Majesty, the desire of Congress to make the said Convention probationary by adding a Clause for limiting its duration to eight or ten years—

That he assure his Majesty of the determination of Congress to observe on all occasions the highest respect for candour and good faith in all their proceedings, and that on receiving the Convention so amended, and with such a Clause, they will immediately ratify it—

Your Secretary thinks it should also be resolved—That the honble. Thomas Jefferson Esq. the Minister Plenipo: of the United States at the Court of Versailles be, and he hereby is authorised and directed, to conclude and sign on the part of the United States, with the Minister of his most Christian Majesty having equal powers, a Convention for the regulation of their respective Consuls, conformably to the Scheme abovementioned, in every respect except where deviations from it are permitted by the said Act of Congress of the 25 day of January 1782, and with a Clause limiting the duration of the said Convention to any term of years not exceeding ten—

I have the honor of transmitting to you herewith enclosed the following papers to wit—

• No. 1. a copy of the Consular Convention Signed by the French & American Plenipotentiaries—
• 2. a copy of the act of Congress under which the American Plenipotentiary signed the Same—
• 3. a copy of the Scheme of a Convention mentioned and referred to in the said act—
• 4. a copy of a report on the Said Convention—
• 5. a copy of an act of Congress containing instructions and giving authorities to you on the Subject of the said Convention.

These papers will possess you fully of the whole business. I am persuaded that it will appear to you as it does to Congress, to be a delicate one, and to require delicate management—

The original Scheme of the Convention is far from being unexceptionable, but a former Congress having agreed to it, it would be improper now to recede; and therefore Congress are content to ratify a Convention made conformable to that Scheme, and to their act of the 25th day of January 1782, provided a clause limiting its duration be added—

It will be proper therefore to press on the Court, only such objections to the Conventions, as arise from its departure from the Scheme. On making an accurate comparison, such departure will appear manifest to his Majesty; and there is reason to expect from his candour, that he will readily consent to remove the objections occasioned by it—

As it certainly is wise to try the merits of Institutions entirely new, by actual experience, before Nations adapt them forever, the propriety of rendering this Convention probationary in the first instance, is unquestionable—Congress ^cannot^ therefore cannot press that his most Christian Majesty will object to a Clause for limiting its duration. The design of this Convention being, for mutual and reciprocal benefit and convenience, it would be doing injustice to his Majesty, to suppose that he would wish to provide for its existing longer than it should prove useful and satisfactory. If after the experience of a few years it should be found to answer the purposes intended by it, both parties will have sufficient inducements to renew it, either in its present form, or with such alterations and amendments as time, experience and other circumstances may indicate—1 I have the honor &c: &c: &c: