The Diplomatic Correspondence of the American Revolution, Vol. 04
History
The Diplomatic Correspondence of the American Revolution, Vol. 04
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
The respective consuls and vice consuls shall receive the
declarations, "_consulats_," and other consular acts from all captains
and masters of their respective nations on account of average losses
sustained at sea by leakage, or throwing merchandises overboard, and
these captains and masters shall leave in the chancery of the said
consuls and vice consuls, the "consulats," and other consular acts,
which they may have had made in other ports on account of the
accidents, that may have happened to them on their voyage. If a
subject of His Most Christian Majesty and a citizen of the United
States are interested in the said cargo, the average shall be fixed by
the tribunals of the country, and not by the consuls or vice consuls;
and the tribunals shall admit the acts and declarations; if any should
have been passed before the said consuls and vice consuls; but when
only the subjects of their own nation, or foreigners, shall be
interested, the respective consuls or vice consuls, and in case of
their absence or distance, their agents furnished with their
commission, shall officially nominate skilful persons of their said
nation to regulate the damages and averages.
ARTICLE IX.
In case, by storms or other accidents, French ships or vessels shall
run ashore on the coasts of the United States, or the ships and
vessels of the United States shall run ashore on the coasts of France,
the consul or vice consul nearest to the place of shipwreck shall do
whatever he may judge proper, as well for the purpose of saving the
said ship or vessel, its cargo and appurtenances, as for the storing
and security of the effects and merchandise saved. He may take an
inventory, without any officers military, of the custom house,
justices, or the police of the country interfering, otherwise than to
facilitate to the consuls, vice consuls, captain and crew of the
vessel shipwrecked, or run ashore, all the assistance and favor, which
they shall ask, either for the celerity and security of the salvage
and effects saved, or to prevent all disturbances.
To prevent even any kind of dispute and discussion in the said cases
of shipwreck, it has been agreed that where no consul or vice consul
shall be found to attend to the salvage, or that the residence of the
said consul or vice consul, (he not being at the place of shipwreck)
shall be further distant from the said place than that of the
competent territorial judge, the latter shall immediately there
proceed therein with all the celerity, safety, and precautions
prescribed by the respective laws; but the said territorial judge
shall retire on the coming of the consul or vice consul, and shall
resign to him the procedures by him done, the expenses of which the
consul or vice consul shall cause to be reimbursed to him.
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