sugar and ram for the ufeof the negroes; now, either the eastern
and middle States will supply us with all these articles or they will
receive the benefit of the impost on them if they were imported
from foreign countries. Without the rice iwamps of Carolina,
Charleston would decay, so would the commerce of that city : this
would injure the back country. If you injure the Southern States,
the injury would reach our Northern and Eastern brethren ; for
the States are links of one chain : if we break one the whole must
tall to pieccs. Thus it is manifeftthat in proportion to theincreafe
of our agriculture will our wealth be increased ; the increase of
which will augment that of our lifter will either sup
ply us with their commodities, or raise a large revenue uponus,
•or be the carriers of our produce to foreign markets.
(to be continued.)
WEDNESDAY, APRIL 7.
Several petitions were read.
In ommittee of the whole on the bill provid
ing for the punilhment of certain crimes against
the United States. —Mr. Livermore in the
chair.
Several fediions of the bill were difcufled.
The clause which enacfls chat counterfeiting the
securities of the United States, or uttering coun
terfeits knowingly, shall be punished with death,
by being hanged, it was moved, should be amend
ed by ltriking out the words " punished with
death by being hanged," to admit a less punish
ment for uttering or passing, than for counter
feiting. The degrees of criminality in the two
cases were accurately defined by Mr. Sherman.
Mr. Sedgwick observed, that he thought the
degrees of punishment ought to be proportioned
to the malignity of the offence.
He enlarged on the pernicious consequences of
counterfeiting : He considered it as a crime a
gainlfc the molt important interests of society—
and of a peculiarly malignant tendency in the
present and probable situation of the U ni ted States.
Persons addicted to forgery, are seldom, if ever,
reclaimed—the security of the society therefore
appears to depend, on a capital punishment.—
The idea is ltrengthened when we reflect on the
mifchiefand ruin which have already enfuedfrom
forgery,
Mr. Sedgwick afterwards conceded to the
clause as it stood.
Mr. Fitzsimons was opposed to the motion—
He adverted to the pra<fiice and experience of
Great Britain—the injurious and fatal consequen
ces to credit which reiult from Forgery, are con
sidered in England in so feriousa point of light,
that the Bank pays notes which they know to be
counterfeit. Hence the inexorable rigor of the
laws of that country in cases of forgery. He
could not fee so clearly,as lome gentlemen appear
to, the difference between forging, and fiinplyut
tering what is known to be counterfeit—the mif
chiefis not compleated till the forgery is uttered.
He enlarged on the idea of guarding public pa
per by every possible expedient.
Mr. White obfeived, that he was opposed in
general to inflicfting Death, except for murder,
or crimes which might terminate in murder; but
in the present cafe, he thought there were degrees
of guilt, and the punilhinent ought to be propor
tioned. He was moreover opposed to a capital
punilhment in this cafe, as he conceived it would
tend to prevent convictions.
Mr. Sherman laid he had known persons who
had been convicfted of this crime, that had after
wards reformed.
Mr. Smith and Mr. Burke were opposed to
the motion. They severally dilated on the in
juries which society was liable to, from the in
genuity of tliefe unprincipled persons—the ex
treme difficulty of guarding against their depre
dations rendered it highly expedient they should
be cut off.
The vote being taken on the motion, it was ne
gatived—and the clause retained.
Further progress was made in the discussion—
but the com mittee rose without going thro the bill.
Adjourned.
THURSDAY, APRIL 8
Sundry petitions were read and referred
In committee of the whole.—The bill 011 crimes
andpunifhments was further difculled—but not
finifhed at 3 o'clock—when the committee role—
and the House adjourned.
FRIDAY, APRIL 9.
Mr. Gilman of the committee of enrolment,
informed'tlieHoufe,that the Ad:for the encourage
ment of ufeful arts'was laid before The President
for his aflent, the Bth iuft.
Mr. Goodhue presented a memorial from the
merchants andtraders of thediitricfl of Newbury -
port, refpecfting the duties on tonnage —which
was read and referred to the Secretary of the
Treasury. Also a petition from the Proprietors
of the Cotton Manufactory, in Beverly—praying
a reduction of the Impolt on Cotton—which was
referred to a committee of Five Members, viz.
Mr. Goodhue, Mr. IVadfworth, Mr. Syhcfler, Mr.
Clymer, and Mr. Gale.
The committee, to whom was referred the ac
counts of the Printers, for newspapers, reported,
That those accounts be paid out of the appropria
tion for contingent expences—and that in future
no more newspapers be supplied the House on the
public account.
The committee to whom the accounts of the
Treafurerof the United States were referred,
brought in a report, which is, that the accounts
are properly stated, and the expenditures agree
able to appropriations made by law.
In committee of the whole, —The bill on crimes
and puniihments under consideration. The dil
cullion was finifhed this day—The committee rose
and reported the bill with sundry amendments.
It was then moved that the bill with the amend
ments be referred to a (elect committee. 1 his
motion was loit. The amendments were taken
up by the House, and some of them agreed to —
others rejeCled—and to-morrow alligned for the
third reading of the bill.
A meflage was received from the Senate with
the bill for further suspending part of the Collec
tion Law, pafled with amendments, in which they
request the concurrence of the House.
Mr. Smith, (S. C.) moved, that a joint com
mittee be appointed to consider and determine at
what time the conunifllons of the Members of the
two Houfeslhall expire—motion laid on the table.
Mr. Ames of the committee of conference, on
the disagreement between the two Houses, ref
pedting aclaufe in the bill for the mitigation or
remilfions of fines, penalties and forfeitures in cer
tain cases, reported that the committee had at
tended that fervice —-but had come to no agree
ment.
The amendments of the Senate to the bill for
further suspending part of the Collection Law
were read, and agreed to by the House.
Adjourned till Monday next.
BY THE PRESIDENT OF THE UNITED
STATES OF AMERICA.
PROCLAMATION.
WHEREAS a Convention for defining and es
tablishing the functions and privileges of
the refpecftive Consuls and vice-Consuls of his
molt Chrillian Majelly and of the said United
States, was concluded and signed by the Plenipo
tentiaries of his said Mod Chrillian Majesty and
ot the said United States, duly and refpecftively
anthorized for that purpose, which Convention is
in the form following, viz.
Convention,
Between His Most Christian Majesty and
the United States of America, forthe pur
pose of defining and establishing the functions
and privileges of their refpedlive Consuls and
vice-Confuls.
HIS Majcfty the Most Christian King and the United States of
America, having by the 29th art. of the Treaty of Amity and
Commerce concluded between them,mutually granted the liberty
of having, in their rcfpc&ive States and Ports, Consuls, Vice-Con
suls, Agents and Commiffaries,and being willing, in consequence
thereof, to define and eftablifli in a reciprocal and permanent man
ner the fun&ions and privileges of Consuls and Vice-Consuls,
which they have judged it convenient to eftablifli of preference,
His M. C. Majcfty has nominated the Sieur Count of Montmorin
of St. Herent, Marechal of his Camps and Armies, Knight of his
Orders and of the Golden Fleece, his Counsellor in all his Coun
cils, Minilterand Secretary of State and of his Commandments
and Finances, having the Department of foreign affairs, and the
United States have nominated the Sieur Thomas Jefferfon, Citizen
of the United States of America and their Minister Plenipotentiary
near the King, who after navingcommunicatcdto each other their
refpc&ive full powers, have agreed on what follow# :*
Art. I. The Consuls and vice-Consuls named by the M. C.
K. and the U. S. fliall be bound to present their commiflions ac
cording to the forms which fliall be eftabliftied refpe&ivelv by the
M. C. K. within his dominions, and by the Congrefa within the
U. S. there fliall be delivered to them, without any charges, the
Exequatur neceflary for the exercise of their fun&ions ; and on
exhibiting 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
eminencies, authority and privileges, reciprocally granted, with
out exalting from the said Consuls and vice-Contuls any fee, un
der any pretext whatever.
Art. 11. The Consuls and vice-Consuls and persons attached
to their functions that is to fay, their Chancellors and Secretaries,
fliall enjoy a full and entire immunity for their Chancery and the
papers which fhtll be therein contained: they fliall be exempt
from all personal fcivice, from soldiers billets, militia, watch,
guard, guardianfliip, truilee-fliip, as well as from all duties,
taxes, impolitions, and charges whatsoever, except on the estate
real and personal of which they may be the proprietors or posses
sors, which shall be fubjeft to the taxes imposed on the estates of
all other individuals: and in all other instances they fliall be fub
je£l to the laws of the land as the natives arc. Those of the said
Consuls and vice-Consuls who shall exercise commerce fliall be
refpc&ively fubjeft to all taxes,charges and impositions eftablifli
ed on other merchants. They fliall place over the outwaad door
of their house the arms of their Sovereign : but this mark of indi
cation shall not give to the said house any privilege of afvlum for
any person or property whatsoever.
Art. 111. The refpeitive Consuls and vice-Consuls may esta
blish Agents in the different ports and places oftheir departments
where neceflity (hall require. These Agents may be chosen a
mong the merchants either national or foreign, and furnilhed with
a commiflion from one of the said Conluls : They (hall confine
theinfelvcs refpeflively to the rendering to their refpeftive mer
chants, navigators, and vcffels all pofiible service, and to inform
the nearest Consul ot the wants of the said merchants, navigators
and vcffels, 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 exaa
from the said merchants any duty or emolument whatsoever
Art. IV. The Conluls and vice-Consuls refpeftivek may efta
bhlh a chancery, where ihall be deposited the Conlular determi
nations, acts and proceedings as also teflaments, obligations con
tracts, and other acts done by. or betwern prrfori of their'nati
414
on, and effect: Jcftby decesft.d per fans, or fuvra from ftiipwteck
They may coiucquentlv appoint lit peifons to ast in the fold c ),
eery,. receive and swear them in, commit to them thecuftody"t
the leal, and 'authority to seal commiflions, fentencej aa d 0 (L
consular ast;, and alio to discharge the functions of notarvanJ "
gifter o( tlit Conlulate. '
Art. V. Tht Consuls and vice-ConJuls refpettively fhallhave
theexclufive right of receiving in their chanccry, or on board ot
vessels, the declarations and all otherthea&s, which the captains
maimers, crews, passengers, and merchants of their nation n, a y
chute to make there, even their teftamcnts ana other difpoials bv
laftwill: and the copies ot the laid a&s, duly authenticated by
the said Consuls or vice-Coilfuls, under the fcal of their confuht*
fhali receive faith in law, equally as their originals would, in *[[
the tribunals of the dominions of the M. C. King and of the Unit
ed States. They (hall also have, and exclusively, in cafe of the
absence of the teilameiitary executor, adminiflrator or legal heir
the right to inventory, liquidate and proeeed to the faleofthe
personal estate left by fubjefls or citizens of their nation, who
shall die within the extent ot their consulate : they shall proceed
therein with the aflUtance ot two merchants of their said nation
or, for want of them, of any other at their choice, and Hull caule
to be deposited in their chancery, the ett'e£fs and papers of the
said estates; and no officer military, judiciary, or of the police
of the country (hall disturb them or interfere therein, in any man
ner whatsoever : but the said Consuls and vice-Consuls (hall not
deliver up the said efFects, nor the proceeds thereof to the lawful
heirs or to their order, till they shall have caused to b& paid all
debts which the deceased lhall have contrasted in the countrv •
tor which purpose the creditors (hall have a right to attach the said'
efte£ta in their hands as they might in those of any other individu
al whatever, and proceed to obtain sale of them till payment of
what (hall be lawfully due to them. When the debts shall not
have been contracted by judgment, deed or note, the filature
whereof lhall be known, payment (hall not be ordered butonthe
creditor's giving fufficient surety resident in the country, to refund
the iums he (hall have unduly received, principal, interest and
costs : which surety nevertheless fhallftand duly discharged after
the term of one year in time of peace, and of two in time of war
if the demand in discharge cannot be formed before the end of
this term against the heirs who shall present themselves, And in
order that the heirs may not be unjustly kept out of theeffetts of
the deceased the Consuls and vice-Consuls (hall notify his death in
fomeoneot the gazettes publilhed within their confulate,and that
they shall retain the faideffe&s in their hands four months toan
fwci all demands which (hall be presented : and they shall be
bound after this delay to deliver to the persons succeeding thereto
what shall be more than fufficient for the demands which shall
have been formed.
Art. VI. The Consuls and vicc-Confuls refpe&ively lhall re
ceive the declarations, protefls and reports of all captains and mas
ters of their refpe&ive naticm on account of average losses sustained
at sea ; and these captains and matters lhall lodge in the chancery
of the said Consuls and vice-Consuls, thea&s whichthey may have
made in other ports on account of the accidents which may have
happened to them on their voyage. If a fubjeftof the M. C. K.
and a citizen of the 0. S. or a foreigner are intereiled in the said
cargo, the average shall be fettled by the tribunals of the country
and not by the Coniuls or vice-Consuls ; but when only thefub
je£h or citizens of their own nation shall be interested,"the respec
tive Consuls or vicc-Confuls (hall appoint fkilful persons to fettle
the damages and average.
Art. VII. In cases where by temped,or other accident, French
ftiips or veflels lhall be branded on the coasts of the U. S. and
ships or veflels of the U. S. (hall be stranded on the coasts of the
dominions of the M. C. K. the Consul or vice-Consul neareftto
the place of shipwreck shall do whatever he may judge proper, as
well for the purpose of saving the said fhipor vessel, its cargo and
appurtenances, as for the ftonng and the security of the effeftsand
merchandize saved. He may take an inventory of them, without
the intermedling of any officers of the military, of the customs, of
justice, or of the police of the country, otherwise than to give to the
Consuls, vicc-Confuls, captain and crew of the vessel fhipwreckcd
or stranded all the succor and tavor which they shall aflcofthero,
either for the expedition and security of the saving and of the ef
fects saved, as to prevent all disturbance. And in order to prevent
all kind of dilpute and difcuflion in the said cases of shipwreck,
it is agreed that when there shall be no Consul, or vice-Consul to
attend to the saving of the wreck, or that the residence of the said
Consul or vice-Consul (he not being at the place of the wreck] (hall
be morediftant from the said place than that of the competent
Judge of the Country, the latter lhall immediately proceed therein
with all the dispatch, certainty, and precautions prescribed by the
refpeftive laws ; but the said territorial Judge shall retire, on the
arrival of the Consul or vice-Consul, and shall deliver over to him
the report of his proceedings, the expences of which the Consul
or vice-Consul shall cause to be reimbursed to him, as wellasthofe
of saving the wreck. The merchandize and effe&s saved (hall be
deposited intheneareft custom house, or other place of fafety,
with the inventory thereof which shall have been made by th«
Consul or vice-Consul, or by the Judge who (hall have proceeded
in their absence, that ihe said effetts and merchandise may be af
terwards delivered (after levying therefrom the costs) and without
form of process, to the owners, who being furnifhed with an or
der for their delivery from the nearcfl Consul or vice-Consul, (hall
reclaim them by themselves, or by their order, either for the pur
pole of re-exporting such merchandise, in which cafe they (hall pay
no kind of duty of exportation, or for that of felling them in the
country, if they be not prohibited there, and in this lad cafe, the
laid merchandize, if they be damaged, shall be allowed an abate
ment of entiance duties proportioned to the damage they have
luftained, which shall be ascertained by the affidavits taken at the
time the vefTcl was wrecked or struck.
Art. VIII. The Consuls or vice-Consuls shall exercise Police
over all the veflels of their refpe&ive Nations, and (hall have on
board the said veflels all power and jurisdi&ion in Civil Matters,
in all the disputes which may there arise, they (hall have an entire
infpeftion over the said veflels, their crew and the changes and
fubflitutions thert to be made. For which purpose they may go
on board the said veflels whenever they may judge it neccffary.
Well understood that the functions hereby allowed {hall be confi
ned to the interior of the veflels, and that they shall not take place
in any cafe which shall have arty interference with the Policeofthe
ports wherethe said veflels lhall be.
Art. IX. The Consuls and vice-Consuls may cause to be ar
retted the Captains, Officers, Mariners, Sailors, and all other per-
Tons being part of the crews of the vessels of their refpe&ive Na
tion who lhall have deferred from thefaid vessels in order to fend
them back and transport them out of the country. For which pur
pose the said Consuls and vice-Consuls shall address thcmfelves to
l he Courts, Judges, and Officers competent, and shall demand the
said oeferters in writing, proving by an exhibition of the regmers
of the vessel or {hip's roll that those men were part of the said
crews : and on this demand so proved (saving however where the
contrary is proved) the delivery shall not be refufed ; and there
shall be given all aid and afliftance to the said Consuls and vice-
Consuls for the seizure and arrest of the said deserters, who
shall even be detained and kept in the prisons of the Country, 3t
their request and expence until they shall have found an opportuni
ty of fending them back. But if they be not sent back within three
months, to be counted from the day of their arrest, they lhall be
set at liberty, and shall be no mere arretted for the fame cause.
Art. X. In cases «vhere the refpettive fubjetts or citizens lha
have committed any crime, or breach of the peace, they fnall e
amenable to the Judges of t he Country.
Art. XI. When the said offenders shall be a part of|the crew
of a vessel of their nation, and shall have withdrawn theinfelves on
board the said vessel they may be there seized and arrested by or er
of the Judges of the Country : these shall give notice thereot