the presence of both parties, and must
contain the answers to all the pertinent questions, which they may have
desired to ask of the witness: and to no evidence, of whatever nature,
written or oral, do our laws give so high credit, as to exclude all
counter-proof. These principles are of such ancient foundation in our
system of jurisprudence, and are so much valued and venerated by our
citizens, that perhaps it would be impossible to execute articles, which
should contravene them, nor is it imagined that these stipulations can
be so interesting to this country, as to balance the inconvenience and
hazard of such an innovation with us. Perhaps it might be found, that
the laws of both countries require a modification of this article; as
it is inconceivable that the certificate of an American consul in
France could be permitted by one of its courts to establish a fact, the
falsehood of which should be notorious to the court itself.

The eighth article gives to the consuls of either nation a jurisdiction,
in certain cases, over foreigners of any other. On a dispute arising in
France, between an American and a Spaniard or an Englishman, it would
not be fair to abandon the Spaniard or Englishman to an American consul.
On the contrary, the territorial judge, as neutral, would seem to be the
most impartial. Probably, therefore, it will be thought convenient for
both parties, to correct this stipulation.

A dispute arising between two subjects of France, the one being in
France and the other in the United States, the regular tribunals of
France would seem entitled to a preference of jurisdiction. Yet the
twelfth article gives it to their consul in America; and to the consul
of the United States in France, in a like case between their citizens.

The power given by the tenth article, of arresting and sending back a
vessel, its captain, and crew, is a very great one indeed, and, in
our opinion, more safely lodged with the territorial judge. We would
ourselves trust the tribunals of France to decide, when there is just
cause for so high-handed an act of authority over the persons and
property of so many of our citizens, to all of whom these tribunals will
stand in a neutral and impartial relation, rather than any single person
whom we may appoint as consul, who will seldom be learned in the laws,
and often susceptible of influence from private interest and personal
pique. With us, applications for the arrest of vessels, and of their