masters, are made to the admiralty courts. These are composed of the
most learned and virtuous characters in the several States, and the
maritime law, common to all nations, is the rule of their proceedings.
The exercise of foreign jurisdiction, within the pale of their own
laws, in a very high case, and wherein those laws have made honorable
provisions, would be a phenomenon never yet seen in our country, and
which would be seen with great jealousy and uneasiness. On the contrary,
to leave this power with the territorial judge will inspire confidence
and friendship, and be really, at the same time, more secure against
abuse. The power of arresting deserted seamen seems necessary for the
purposes of navigation and commerce, and will be more attentively and
effectually exercised by the consul, than by the territorial judge.
To this part of the tenth article, therefore, as well as to that which
requires the territorial judge to assist the consul in the exercise of
this function, we can accede. But the extension of the like power to
passengers, seems not necessary for the purposes either of navigation
or commerce. It does not come, therefore, within the functions of the
consul, whose institution is for those two objects only, nor within the
powers of a commissioner, authorized to treat and conclude a convention,
solely for regulating the powers, privileges, and duties of consuls.
The arrest and detention of passengers, moreover, would often be in
contradiction to our bills of rights, which, being fundamental, cannot
be obstructed in their operation by any law or convention whatever.

Consular institutions being entirely new with us, Congress think it wise
to make their first convention probationary, and not perpetual. They
propose, therefore, a clause for limiting its duration to a certain term
of years. If after the experience of a few years, it should be found to
answer the purposes intended by it, both parties will have sufficient
inducements to renew it, either in its present form, or with such
alterations and amendments, as time, experience, and other circumstances
may indicate.

The convention, as expressed in the French language, will fully answer
our purposes in France, because it will there be understood. But it will
not equally answer the purposes of France in America, because it will
not there be understood. In very few of the courts, wherein it may be
presented, will there be found a single judge or advocate,