Shall he be now asked whether he is authorized to conclude, or to negotiate any commercial arrangements with us?
November 26, 1791.
XIX.
Plan of a Bill concerning Consuls.
The matter of the bill will naturally divide as follows:
I. Foreign Consuls residing within the United States under a convention.
II. Consuls of the United States residing in foreign countries under a convention.
III. Provision for future conventions, and cases where there is no convention.
Preliminary observations.—Nothing should be inserted in the bill which is fully and adequately provided for by the convention with France, because weak magistrates may infer from thence, that the parts omitted were not meant by the Legislature to be enforced.
Are not the first, second and third sections of the printed bill objectionable in this view? The instructions of the Executive to their consuls will of course provide for the notification directed in the second clause.
I. For carrying into full effect the convention between his most Christian Majesty and the United States of America, entered into for the purpose of defining and establishing the functions and privileges of their respective Consuls and Vice-Consuls, Be it enacted by the Senate and House of Representatives of the United States of America, that where, in the seventh article of the said convention, it is agreed when there shall be no Consul or Vice-Consul of his most Christian King to attend to the saving of the wreck of any French vessel stranded on the coast of the United States, or that the residence of the said Consul or Vice-Consul (he not being at the place of the wreck) shall be more distant from the same place than that of the competent judge of the country, the latter shall immediately proceed to perform the office therein prescribed, the nearest (here name the officer) shall be the competent judge designated in the said article, and it shall be incumbent on him to perform the office prescribed in the said article, and according to the tenor thereof. Go on to direct who, in conjunction with the Consul or Vice-Consul, (if there be one,) shall ascertain the abatement of duties on the damaged goods stipulated in this article.