udgments are to be executed, provisional
security being given for the sum adjudged; in criminal matters
definitively and without appeal, if given with two of the principal
merchants of his country assisting, except where corporal punishment
appertains to the crime, in which case the process and proofs are to
be drawn up by the Consul, and sent with the criminal by the first
vessel of the nation, to be judged by the proper authority in the
first port thereof where he arrives.

The Consul may also oblige any of his nation to depart, if they
behave scandalously, and captains are obliged to take them, under a
penalty.

If the Consul has any difference with the merchants of the place, the
parties are to appear in the next Court of Admiralty, and the cause is
to be there adjudged.

The Consul has a clerk, who keeps an office, in which all the acts of
the Consulate are registered. He names also the officers who execute
his precepts, and takes their oaths. If war happens, the Consuls
retire.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Passy, 23d July, 1778.

Sir,

We have just received a message from the Count de Vergennes, by his
secretary, acquainting us that information is received from England,
of the intention of the cabinet there to offer, (by additional
instructions to their commissioners) independence to the United
States, on condition of their making a separate peace, relying on
their majority in both Houses for approbation of the measure. M. de
Vergennes upon this intelligence requests, that we would write
expressly to acquaint the Congress, that though no formal declaration
of war has yet been published, the war between France and England is
considered as actually existing, from the time of the return of the
Ambassadors; and that if England should propose a peace with France,
the immediate answer to the proposition would be, "our eventual treaty
with the United States is now in full force, and we will make no peace
but in concurrence with them." And we have given it as our firm
opinion, that such an answer will be given by you without the least
hesitation or difficulty, though you may not have been informed
before, as you now are, that war being actually begun, the eventual
treaty is become fully and completely binding.

We are, with great respect, &c.