bedient and most humble servant,

Th: Jefferson.

LETTER CXLIII.--TO THE COUNT DE MONTMORIN, June 20, 1788

TO THE COUNT DE MONTMORIN.

Paris, June 20, 1788.

Sir,

Having had the honor of mentioning to your Excellency the wish of
Congress, that certain changes should be made in the articles for a
consular convention, which had been sent to them, I have now that,
conformably to the desire you expressed, of giving a general idea of the
alterations to be proposed.

The fourth article gives to the consuls the immunities of the law of
nations. It has been understood, however, that the laws of France do not
admit of this; and that it might be desirable to expunge this article.
In this we are ready to concur, as in every other case, where an article
might call for changes in the established laws, either inconvenient or
disagreeable.

After establishing in favor of consuls, the general immunities of the
law of nations, one consequence of which would have been, that they
could not have been called upon to give testimony in courts of justice,
the fifth article requires, that after the observance of certain
formalities, which imply very high respect, they shall make a
declaration; but _in their own houses_ [_chez eux_] as may be pretended,
if not justly inferred, from the expressions in the article. But our
laws require, indispensably, a personal examination of witnesses in the
presence of the parties, of their counsel, the jury, and judges, each of
whom has a right to ask of them all questions pertinent to the fact.
The first and highest officers of our government are obliged to appear
personally to the order of a court, to give evidence. The court takes
care that they are treated with respect. It is proposed, therefore,
to omit this article for these particular reasons, as well as for the
general one, that the fourth being expunged, this, which was but an
exception to that, falls of course.

The seventh, eighth, tenth, and fourteenth articles extend their
pre-eminences far beyond those, which the laws of nations would have
given. These articles require that the declarations made in the presence
of consuls, and certified by them, shall be received in evidence in all
courts whatever: and, in some instances, give to their certificates a
credibility which excludes all other testimony. The cases are rare, in
which our laws admit written evidence of facts; and such evidence, when
admitted, must have been given in