Report on Thomas Jefferson’s Letter on the Consular Convention, 10 May 1787
Report on Thomas Jefferson’s Letter on the Consular Convention
Office for foreign Affairs 10th. May 1787
The Secretary of the United States for the Department of foreign Affairs, to whom was referred that Part of Mr. Jefferson’s Letter of the 9th. January last which relates to the Consular Convention, Vizt. “I will certainly do the best I can for the Reformation of the Consular Convention, being persuaded that our States would be very unwilling to conform their Laws either to the Convention or to the Scheme, but it is too difficult and too delicate to form sanguine Hopes; however, that there may be Room to reduce the Convention as much as Circumstances will admit, will it not be expedient for Congress to give me Powers in which there shall be no Reference to the Scheme? The Powers sent me oblige me to produce that Scheme, and certainly the Moment it is produced, they will not abate a Little from it. If they recollect the Scheme and insist on it, we can but conclude it, but if they have forgotten it, (which may be) and are willing to reconsider the whole Subject, perhaps we may get rid of something the more of it. As the Delay is not injurious to us, because the Convention whenever and however made is to put us in a worse State than we are in now, I shall venture to defer saying a Word on the Subject ’till I can hear from you in Answer to this. The full Powers may be sufficiently guarded by private Instructions to me not to go beyond the former Scheme. This Delay may be well enough ascribed (whenever I shall have received new Powers) to a Journey I had before apprized the Minister that I should be obliged to take to some mineral Waters in the South of France, to see if by their Aid I may recover the Use of my right Hand, of which a Dislocation about four Months ago threatens to deprive me in a great Measure—the Surgeons have long insisted on this Measure. I shall return by Bourdeaux, Nantes and L’Orient to get the necessary Information for finishing our Commercial Regulations here. Permit me however to ask as immediately as possible, an Answer either affirmative or negative as Congress shall think best, and to ascribe the Delay on which I venture to my Desire to do what is for the best.”
Reports,
That in his Opinion the Court of France regard the Consular Convention in its present Form as an interesting Object, and that no Article or Provision in it will escape their Recollection. He nevertheless thinks that the Policy of yielding to such Circumstances as cannot without Risque and Hazard be neglected or controuled, will induce them at least to consent to the proposed Article for limiting the Duration of the Convention.—
As he perceives no Inconvenience likely to result from giving Mr. Jefferson a Commission, authorizing him in general Terms to negociate and conclude a Convention with his Most Christian Majesty, for ascertaining the Authority and Powers of french and american Consuls, your Secretary thinks it will be adviseable to send him such a Commission, that he may thereby have an Opportunity of endeavoring to realize the Advantages he expects from it, and which under a new Administration (perhaps not well advised of what has passed) may be attainable.
In the Opinion of your Secretary it will therefore be expedient to send Mr. Jefferson a Commission of the following Tenor, Vizt.
We the United States of America in Congress assembled at the City of New York. To our well beloved Thomas Jefferson Esquire our Minister Plenipotentiary at the Court of his Most Christian Majesty ^&c: &c:^ Send Greeting. Being desirous to promote and facilitate the Commerce between our States and the Dominions of his said Majesty, and for that Purpose to conclude with him a Convention for regulating the Privileges, Powers and Duties of our respective Consuls, Vice Consuls, Agents and Commissaries; and having full Confidence in your Abilities and Integrity, We do by these Presents authorize and empower you the said Thomas Jefferson in our Name and Behalf, to treat with any Person having equal Powers from his most Christian Majesty of and concerning a Convention, and the same in our ^Name and^ Behalf to conclude, sign and seal; And We do promise to ratify & confirm whatever Convention shall in Virtue of this Commission be by you so concluded, provided the Duration of the same be limited to any Term not exceeding twelve Years. Witness our Seal and the Signature of his Excellency Arthur St. Clair our President this 1 Day of in the Year of our Lord one thousand seven hundred and eighty seven and the eleventh of our Independence.—
Your Secretary thinks it would be proper to write two following Letters to Mr. Jefferson, the first of which he might communicate to the Court.—
Sir
Congress being desirous that the Commerce between the United States and France may be promoted by every reciprocal Regulation conducive to that End, wish that no Time may be lost in ascertaining the Privileges, Powers and Duties of their respective Consuls, Vice Consuls and commercial Agents and Commissaries.
They regret the Circumstance which calls you to the South of France, but are perfectly satisfied that you should make that or any other Journey which your Health may require. It is their Wish and Instruction that on your Return to the Court, your Attention may be immediately directed to the abovementioned Subject. Considering that Conventions of this Nature however apparently useful in Theory may from some Defects or unforeseen Circumstances be attended with Inconveniences in Practice, they think it best that they should be probationary at least in the first Instance, and therefore that the Term to be assigned for the Duration of the one in Question should not exceed Years. They also think it adviseable, in Order to obviate any Difficulties that might arise from your not having been more formally authorized to complete this Business, to give you an express and special Commission for the Purpose, which I have now the Honor to enclose.
Sir
You will herewith receive another Letter from me of this Date, together with the Commission mentioned in it—both of them are in pursuance of the Ideas suggested in your Letter of the 9th. January last. If the whole Subject should be reconsidered, and a new Convention to be formed, it is the Pleasure of Congress that the Duties, Powers and Privileges of Consuls, Vice Consuls, Agents and Commissaries be accurately delineated, and that they be as much circumscribed and limited as the proper Objects of their Appointment will admit and the Court of France consent to. How far it may be in your Power to obtain a Convention perfectly unexceptionable, must depend on several Circumstances not yet decided. Congress confide fully in your Talents and Discretion, and they will ratify any Convention that is not liable to more Objections than the one already in part concluded, provided an Article limiting its Duration to a Term not exceeding Years be inserted.—2
All which is submitted to the Wisdom of Congress
John Jay
DS, DNA: PCC, item 81, 3: 113–18, 120 (EJ: 3950). Endorsed by CT: “Report—/ Secy forn. Affairs / on letter Jany. 9th. 1787 / from Mr Jefferson res- / pecting the Consular / Convention—Entd. Read May 11th. 1787 / Passed 27 July 1787”. LbkCs, DNA: PCC, item 124, 3: 78–83 (EJ: 4599); NNC: JJ Lbk. 3; 2: 202–7; 32: 291n1.
1. Here and below space left blank in manuscript.
2. See the editorial note “The Franco-American Consular Convention,” above.