CXLIX. TO JOHN JAY, August 3, 1788
TO JOHN JAY.
Paris, August 3, 1788.
Sir,
My last letters to you were of the 4th and 23d of May, with a Postscript of the 27th. Since that, I have been honored with yours of April the 24th, May the 16th, and June the 9th.
The most remarkable internal occurrences since my last are these. The Noblesse of Bretagne, who had received with so much warmth the late innovations in the government, assembled, and drew up a memorial to the King, and chose twelve members of their body to come and present it. Among these was the Marquis de la Rouerie (Colonel Armand). The King, considering the Noblesse as having no legal right to assemble, declined receiving the memorial. The deputies, to give greater weight to it, called a meeting of the landed proprietors of Bretagne, resident at Paris, and proposed to them to add their signatures--They did so, to the number of about sixty, of whom the Marquis de la Fayette was one. The twelve deputies, for having called this meeting, were immediately sent to the Bastile where they now are, and the Parisian signers were deprived of such favors as they held of the court. There were only four of them, however, who held any thing of that kind. The Marquis de la Fayette was one of these. They had given him a military command, to be exercised in the south of France, during the months of August and September of the present year. This they took from him; so that he is disgraced, in the ancient language of the court, but in truth, honorably marked in the eyes of the nation. The ministers are so sensible of this, that they have had, separately, private conferences with him, to endeavor, through him, to keep things quiet. From the character of the province of Bretagne, it was much apprehended, for some days, that the imprisonment of their deputies would have produced an insurrection. But it took another turn. The Cours intermédiaire of the province, acknowledged to be a legal body, deputed eighteen members of their body to the King. To these he gave an audience, and the answer, of which I send you a copy. This is hard enough. Yet I am in hopes the appeal to the sword will be avoided, and great modifications in the government be obtained without bloodshed. As yet none has been spilt, according to the best evidence I have been able to obtain, notwithstanding what the foreign newspapers have said to the contrary. The convocation of the States General has now become inevitable. Whenever the time shall be announced certainly, it will keep the nation quiet till they meet. According to present probabilities, this must be in the course of the next summer; but to what movements their meeting and measures may give occasion, cannot be foreseen. Should a foreign war take place, still they must assemble the States General, because they cannot, but by their aid, obtain money to carry it on. Monsieur de Malesherbes will, I believe, retire from the King’s Council. He has been much opposed to the late acts of authority. The Baron de Breteuil has resigned his secretaryship of the domestic department; certainly not for the same reasons, as he is known to have been of opinion, that the King had compromitted too much of his authority. The real reason has probably been, an impatience of acting under a principal minister. His successor is M. de Villedeuil, lately Comptroller General.
The ambassadors of Tippoo Saib have arrived here. If their mission has any other object than that of pomp and ceremony, it is not yet made known. Though this court has not avowed that they are in possession of Trincomale, yet the report is believed, and that possession was taken by General Conway, in consequence of orders given in the moment that they thought a war certain. The dispute with the States General of the United Netherlands, on account of the insult to M. de St. Priest, does not tend as yet towards a settlement. He has obtained leave to go to the waters, and perhaps from thence he may come to Paris, to await events. Sweden has commenced hostilities against Russia, by the taking a little fortress by land. This having been their intention, it is wonderful, that when their fleet lately met three Russian ships of one hundred guns each, they saluted instead of taking them. The Empress has declared war against them in her turn. It is well understood, that Sweden is set on by England, and paid by the Turks. The prospect of Russia has much brightened by some late successes. Their fleet of galleys and gun-boats, twenty-seven in number, having been attacked by fifty-seven Turkish vessels of the same kind, commanded by the Captain Pacha, these were repulsed, with the loss of three vessels. In the action, which was on the 18th of June, Admiral Paul Jones commanded the right wing of the Russians, and the Prince of Nassau the left. On the 26th of the same month, the Turkish principal fleet, that is to say, their ships of the line, frigates, &c, having got themselves near the swash, at the mouth of the Borysthenes, the Prince of Nassau took advantage of their position, attacked them while so engaged in the mud that they could not manoeuvre, burnt six, among which were the admiral’s and vice-admiral’s, took two, and made between three and four thousand prisoners. The first reports gave this success to Admiral Paul Jones; but it is now rendered rather probable that he was not there, as he commands the vessels of war which are said not to have been there. It is supposed, that his presence in the affair of the 18th was accidental. But if this success has been so complete as it is represented, the Black Sea must be tolerably open to the Russians: in which case, we may expect, from what we know of that officer, that he will improve to the greatest advantage the situation of things on that sea. The Captain Pacha’s standard was taken in the last action, and himself obliged to make his escape in a small vessel. Prince Potemkin immediately got under march for Oczakow, to take advantage of the consternation into which that place was thrown.
The Spanish squadron, after cruising off the Western Isles and Cape St. Vincent, has returned into port.
A dispute has arisen between the Papal See and the King of Naples, which may, in its progress, enable us to estimate what degree of influence that See retains at the present day. The kingdom of Naples, at an early period of its history, became feudatory to the See of Rome, and in acknowledgment thereof, has annually paid a hackney to the Pope in Rome, to which place it has always been sent by a splendid embassy. The hackney has been refused by the King this year, and the Pope, giving him three months to return to obedience, threatens, if he does not, to proceed seriously against him.
About three weeks ago a person called on me, and informed me, that Silas Deane had taken him in for a sum of one hundred and twenty guineas, and that being unable to obtain any other satisfaction, he had laid hands on his account book and letter book, and had brought them off to Paris, to offer them first to the United States, if they would repay him his money, and if not, that he should return to London, and offer them to the British minister. I desired him to leave them with me four and twenty hours, that I might judge whether they were worth our notice. He did so. They were two volumes. One contained all his accounts with the United States, from his first coming to Europe to January the 10th, 1781. Presuming that the treasury board was in possession of this account till his arrival in Philadelphia, August, 1778, and that he had never given in the subsequent part, I had that subsequent part copied from the book, and now enclose it, as it may on some occasion or other, perhaps, be useful in the treasury office. The other volume contained all his correspondences from March the 30th to August the 23d, 1777. I had a list of the letters taken by their dates and addresses, which will enable you to form a general idea of the collection. On perusal of many of them, I thought it desirable that they should not come to the hands of the British minister, and from an expression dropped by the possessor of them, I believe he would have fallen to fifty or sixty guineas. I did not think them important enough, however, to justify my purchasing them without authority; though, with authority, I should have done it. Indeed, I would have given that sum to cut out a single sentence, which contained evidence of a fact, not proper to be committed to the hands of enemies. I told him I would state his proposition to you, and await orders. I gave him back the books, and he returned to London without making any promise, that he would await the event of the orders you might think proper to give.
News of the accession of nine States to the new form of federal government has been received here about a week. I have the honor to congratulate you sincerely on this event. Of its effect at home, you are in the best situation to judge. On this side the Atlantic, it is considered as a very wise reformation. In consequence of this, speculations are already begun here, to purchase up our domestic liquidated debt. Indeed, I suspect that orders may have been previously lodged in America to do this, as soon as the new constitution was accepted effectually. If it is thought that this debt should be retained at home, there is not a moment to lose; and I know of no means of retaining it, but those I suggested to the treasury board, in my letter to them of March the 29th. The transfer of these debts to Europe will excessively embarrass, and perhaps totally prevent the borrowing any money in Europe, till these shall be paid off. This is a momentous object, and, in my opinion, should receive instantaneous attention.
The gazettes of France, to the departure of my letter, will accompany it, and those of Leyden to the 22nd of July, at which time their distribution in this country was prohibited. How long the prohibition may continue, I cannot tell. As far as I can judge, it is the only paper in Europe worth reading. Since the suppression of the packet-boats, I have never been able to find a safe conveyance for a letter to you, till the present by Mrs. Barclay. Whenever a confidential person shall be going from hence to London, I shall send my letters for you to the care of Mr. Trumbull, who will look out for safe conveyances. This will render the epochs of my writing very irregular. There is a proposition under consideration, for establishing packet-boats on a more economical plan, from Havre to Boston; but its success is uncertain, and still more, its duration.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
CL. TO COLONEL MONROE, August 9, 1788
TO COLONEL MONROE.
Paris, August 9, 1788.
Dear Sir,
Since my last to you, I have to thank your for your favors of July the 27th, 1787, and April the 10th, 1788, and the details they contained; and in return, will give you now the leading circumstances of this continent.
*****
This nation is at present under great internal agitation. The authority of the crown on one part, and that of the parliaments on the other, are fairly at issue. Good men take part with neither, but have raised an opposition, the object of which is to obtain a fixed and temperate constitution. There was a moment when this opposition ran so high, as to endanger an appeal to arms, in which case, perhaps, it would have been crushed. The moderation of government has avoided this, and they are yielding daily one right after another to the nation. They have given them Provincial Assemblies, which will be very perfect representations of the nation, and stand somewhat in the place of our State Assemblies; they have reformed the criminal law; acknowledged the King cannot lay a new tax, without the consent of the States General; and they will call the States General the next year. The object of this body, when met, will be a bill of rights, a civil list, a national assembly meeting at certain epochs, and some other matters of that kind. So that I think it probable this country will, within two or three years, be in the enjoyment of a tolerably free constitution, and that without its having cost them a drop of blood; for none has yet been spilt, though the English papers have set the whole nation to cutting throats.
Be assured of those sentiments of esteem and attachment, with which I am, Dear Sir, your friend and servant,
Th: Jefferson.
CLI. TO MONSIEUR DE CREVE-CŒUR, August 9, 1788
TO MONSIEUR DE CREVE-CŒUR.
Paris, August 9, 1788.
Dear Sir,
While our second revolution is just brought to a happy end with you, yours here is but cleverly under way. For some days I was really melancholy with the apprehension, that arms would be appealed to, and the opposition crushed in its first efforts. But things seem now to wear a better aspect. While the opposition keeps at its highest wholesome point, government, unwilling to draw the sword, is not forced to do it. The contest here is exactly what it was in Holland: a contest between the monarchical and aristocratical parts of the government for a monopoly of despotism over the people. The aristocracy in Holland, seeing that their common prey was likely to escape out of their clutches, chose rather to retain its former portion, and therefore coalesced with the single head. The people remained victims. Here, I think, it will take a happier turn. The parliamentary part of the aristocracy is alone firmly united. The Noblesse and Clergy, but especially the former, are divided partly between the parliamentary and the despotic party, and partly united with the real patriots, who are endeavoring to gain for the nation what they can, both from the parliamentary and the single despotism. I think I am not mistaken in believing, that the King and some of his ministers are well affected to this band; and surely, that they will make great cessions to the people, rather than small ones to the parliament. They are, accordingly, yielding daily to the national reclamations, and will probably end in according a well-tempered constitution. They promise the States General for the next year, and I have good information that an Arrêt will appear the day after to-morrow, announcing them for May, 1789. How they will be composed, and what they will do, cannot be foreseen. Their convocation, however, will tranquillize the public mind, in a great degree, till their meeting. There are, however, two intervening difficulties. 1. Justice cannot till then continue completely suspended, as it now is. The parliament will not resume their functions, but in their entire body. The bailliages are afraid to accept of them. What will be done? 2. There are well-founded fears of a bankruptcy before the month of May. In the mean time, the war is spreading from nation to nation. Sweden has commenced hostilities against Russia; Denmark is showing its teeth against Sweden; Prussia against Denmark; and England too deeply engaged in playing the back game, to avoid coming forward, and dragging this country and Spain in with her. But even war will not prevent the assembly of the States General, because it cannot be carried on without them. War, however, is not the most favorable moment for divesting the monarchy of power. On the contrary, it is the moment when the energy of a single hand shows itself in the most seducing form.
A very considerable portion of this country has been desolated by a hail. I considered the newspaper accounts of hailstones of ten pounds weight as exaggerations. But in a conversation with the Duke de la Rochefoucault the other day, he assured me, that though he could not say he had seen such himself, yet he considered the fact as perfectly established. Great contributions, public and private, are making for the sufferers. But they will be like the drop of water from the finger of Lazarus. There is no remedy for the present evil, nor way to prevent future ones, but to bring the people to such a state of ease, as not to be ruined by the loss of a single crop. This hail may be considered as the coup de grace to an expiring victim. In the arts there is nothing new discovered since you left us, which is worth communicating. Mr. Paine’s iron bridge was exhibited here with great approbation. An idea has been encouraged of executing it in three arches at the King’s garden. But it will probably not be done.
I am, with sentiments of perfect esteem and attachment, Dear Sir, your most obedient and most humble servant,
Th: Jefferson.
CLII. TO JOHN JAY, August 10, 1788
TO JOHN JAY.
Paris, August 10, 1788.
Sir,
I have waited till the last moment of Mrs. Barclay’s departure, to write you the occurrences since my letter of the 3rd instant. We have received the Swedish account of an engagement between their fleet and the Russian, on the Baltic, wherein they say they took one, and burned another Russian vessel, with the loss of one on their side, and that the victory remained with them. They say, at the same time, that their fleet returned into port, and the Russians kept the sea; we must, therefore, suspend our opinion till we get the Russian version of this engagement. The Swedish manifesto was handed about to-day at Versailles, by the Swedish ambassador, in manuscript. The King complains that Russia has been ever endeavoring to sow divisions in his kingdom, in order to re-establish the ancient constitution; that he has long borne it, through a love of peace, but finds it no longer bearable: that still, however, he will make peace on these conditions; 1. That the Empress punishes her minister for the note he gave in to the court of Stockholm; 2. that she restore Crimea to the Turks; and 3. that she repay to him all the expenses of his armament. The Russian force, in vessels of war on the Black Sea, are five frigates, and three ships of the line; but those of the line are shut up in port, and cannot come out till Oczakow shall be taken. This fleet is commanded by Paul Jones, with the rank of rear-admiral. The Prince of Nassau commands the galleys and gun-boats. It is now ascertained, that the States General will assemble the next year, and probably in the month of May. Tippoo Saib’s ambassadors had their reception to-day at Versailles with unusual pomp. The presence was so numerous, that little could be caught of what they said to the king, and he answered to them: from what little I could hear, nothing more passed than mutual assurances of good will. The name of the Marechal de Richelieu is sufficiently remarkable in history, to justify my mentioning his death, which happened two days ago; he was aged ninety-two years.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
CLIII. TO JOHN JAY, August 11, 1788
TO JOHN JAY.
Paris, August 11, 1788.
Sir,
In my letter of the last night, written in the moment of Mrs. Barclay’s departure, I had the honor of mentioning to you, that it was now pretty certain that the States General would be assembled in the next year, and probably in the month of May. This morning an Arrêt is published, announcing that their meeting is fixed on the first day of May next, of which I enclose you a copy by post, in hopes it will get to Bordeaux in time for Mrs. Barclay. This Arrêt ought to have a great effect towards tranquillizing the nation. There are still, however, two circumstances which must continue to perplex the administration. The first is, the want of money, occasioned not only by the difficulty of filling up the loan of the next year, but by the withholding the ordinary supplies of taxes, which is said to have taken place in some instances: this gives apprehension of a bankruptcy under some form or other, and has occasioned the stocks to fall, in the most alarming manner. The second circumstance is, that justice, both civil and criminal, continues suspended. The parliament will not resume their functions, but with their whole body, and the greater part of the bailliages declined acting; the present Arrêt announces a perseverance in this plan. I have information from Algiers, of the 5th of June, that the plague is raging there, with great violence; that one of our captives was dead of it, and another ill, so that we have there, in all, now, only fifteen or sixteen; that the captives are more exposed to its ravages, than others; that the great redemptions by the Spaniards, Portuguese, and Neapolitans, and the havoc made by the plague, had now left not more than four hundred slaves in Algiers; so that their redemption was become not only exorbitant, but almost inadmissible; that common sailors were held at four hundred pounds sterling, and that our fifteen or sixteen could probably not be redeemed for less than from twenty-five to thirty thousand dollars. An Algerine cruiser, having twenty-eight captives of Genoa aboard, was lately chased ashore, by two Neapolitan vessels: the crew and captives got safe ashore, and the latter, of course, recovered their freedom. The Algerine crew was well treated, and would be sent back by the French. But the government of Algiers demands of France, sixty thousand sequins, or twenty-seven thousand pounds sterling, for the captives escaped; that is, nearly one thousand pounds each. The greater part of the regency were for an immediate declaration of war against France; but the Dey urged the heavy war the Turks were at present engaged in; that it would be better not to draw another power on them, at present; that they would decline renewing the treaty of one hundred years, which expired two years ago, so as to be free to act hereafter; but, for the present, they ought to accept payment for the captives, as a satisfaction. They accordingly declared to the French consul, that they would put him, and all his countrymen there, into irons, unless the sixty thousand sequins were paid: the consul told them, his instructions were, positively, that they should not be paid. In this situation stood matters between that pettifogging nest of robbers and this great kingdom, which will finish, probably, by crouching under them, and paying the sixty thousand sequins. From the personal characters of the present administration, I should have hoped, under any other situation than the present, they might have ventured to quit the beaten track of politics hitherto pursued, in which the honor of their nation has been calculated at nought, and to join in a league for keeping up a perpetual cruise against these pirates, which, though a slow operation, would be a sure one for destroying all their vessels and seamen, and turning the rest of them to agriculture. But a desire of not bringing upon themselves another difficulty, will probably induce the ministers to do as their predecessors have done.
August 12. The enclosed paper of this morning gives some particulars of the action between the Russians and Swedes, the manifesto of the Empress, and the declaration of the court of Versailles, as to the affair of Trincomale.
I have the honor to be, with sentiments of perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
CLIV. TO WILLIAM CARMICHAEL, August 12, 1788
TO WILLIAM CARMICHAEL.
Paris, August 12, 1788.
Dear Sir,
Since my last to you, I have been honored with yours of the 18th and 29th of May, and 5th of June. My latest American intelligence is of the 24th of June, when nine certainly, and probably ten States, had accepted the new constitution, and there was no doubt of the eleventh (North Carolina), because there was no opposition there. In New York, two thirds of the State were against it, and certainly if they had been called to the decision, in any other stage of the business, they would have rejected it; but before they put it to the vote, they would certainly have heard that eleven States had joined in it, and they would find it safer to go with those eleven, than put themselves into opposition, with Rhode Island only. Though I am much pleased with this successful issue of the new constitution, yet I am more so, to find that one of its principal defects (the want of a declaration of rights) will pretty certainly be remedied. I suppose this, because I see that both people and conventions, in almost every State, have concurred in demanding it. Another defect, the perpetual re-eligibility of the same President, will probably not be cured, during the life of General Washington. His merit has blinded our countrymen to the danger of making so important an officer re-eligible. I presume there will not be a vote against him, in the United States. It is more doubtful, who will be Vice-President. The age of Dr. Franklin, and the doubt whether he would accept it, are the only circumstances that admit a question, but that he would be the man. After these two characters of first magnitude, there are so many which present themselves equally, on the second line, that we cannot see which of them will be singled out. John Adams, Hancock, Jay, Madison, Rutledge, will be all voted for. Congress has acceded to the prayer of Kentucky to become an independent member of the Union. A committee was occupied in settling the plan of receiving them, and their government is to commence on the 1st day of January next.
You are, I dare say, pleased, as I am, with the promotion of our countryman, Paul Jones. He commanded the right wing, in the first engagement between the Russian and Turkish galleys; his absence from the second, proves his superiority over the Captain Pacha, as he did not choose to bring his ships into the shoals in which the Pacha ventured, and lost those entrusted to him. I consider this officer as the principal hope of our future efforts on the ocean. You will have heard of the action between the Swedes and Russians, on the Baltic; as yet, we have only the Swedish version of it. I apprehend this war must catch from nation to nation, till it becomes general.
With respect to the internal affairs of this country, I hope they will be finally well arranged, and without having cost a drop of blood. Looking on as a by-stander, no otherwise interested, than as entertaining a sincere love for the nation in general, and a wish to see their happiness promoted, keeping myself clear of the particular views and passions of individuals, I applaud extremely the patriotic proceedings of the present ministry. Provincial Assemblies established, the States General called, the right of taxing the nation without their consent abandoned, corvées abolished, torture abolished, the criminal code reformed, are facts which will do eternal honor to their administration, in history. But were I their historian, I should not equally applaud their total abandonment of their foreign affairs. A bolder front in the beginning, would have prevented the first loss, and consequently, all the others. Holland, Prussia, Turkey, and Sweden, lost without the acquisition of a single new ally, are painful reflections for the friends of France. They may, indeed, have in their places the two empires, and perhaps Denmark; in which case, physically speaking, they will stand on as good ground as before, but not on as good moral ground. Perhaps, seeing more of the internal working of the machine, they saw, more than we do, the physical impossibility of having money to carry on a war. Their justification must depend on this, and their atonement, on the internal good they are doing to their country; this makes me completely their friend.
I am, with great esteem and attachment, Dear Sir, you friend and servant,
Th: Jefferson.
CLV. TO M. CATHALAN, August 13,1788
TO M. CATHALAN.
Paris, August 13,1788.
Sir,
I have to acknowledge the receipt of your two favors, of June, and July the 11th, and to thank you for the political intelligence they contained, which is always interesting to me. I will ask a continuance of them, and especially that you inform me, from time to time, of the movements in the ports of Marseilles and Toulon, which may seem to indicate peace or war. These are the most certain presages possible; and being conveyed to me from all the ports, they will always enable me to judge of the intentions or expectations of the ministry, and to notify you of the result of the intelligence from all the ports, that you may communicate it to the American commerce.
I have the pleasure to inform you, that the new constitution proposed to the United States, has been established by the votes of nine States. It is happy for us to get this operation over before the war kindled in Europe could affect us, as by rendering us more respectable, we shall be more probably permitted, by all parties, to remain neutral.
I take the liberty of putting under your cover a letter for Mr. Bernard, containing some seeds, and another to Giuseppe Chiappe, our consul at Mogadore. I thank you for your settlement of the price of the Observations Météorologiques, and I have repaid the sixty livres to Sir John Lambert, in your name. When the nursery man, whom you have been so good as to employ to prepare the olives and olive plants, to be sent to Charleston, shall be executing that commission, I shall be glad if he will, at the same time, prepare a few plants only, of the following kinds. Figs, the best kind for drying, and the best kind for eating fresh, raisins, the best kind for drying, prugnolles, cork trees, pistaches, capers. I desire only a few plants of each of these, that they may not take too much of the place of the olives, which is our great object, and the sole one we have at heart. If you will be so good as to give the nursery man this order immediately, it will save you the necessity of recurring to my letter, when the season comes.
I have the honor to be, with great and sincere esteem, Sir, your most obedient and most humble servant,
Th: Jefferson.
CLVI. TO JOHN JAY, August 20,1788
TO JOHN JAY.
Paris, August 20,1788.
Sir,
I had the honor to write to you on the 3rd, 10th, and 11th instant, with a postscript of the 12th; all of which went by Mrs. Barclay. Since that date, we have received an account of a third victory obtained by the Russians over the Turks, on the Black Sea, in which the Prince of Nassau, with his galleys, destroyed two frigates, three smaller vessels, and six galleys. The Turkish power on that sea is represented, by their enemies, as now annihilated. There is reason to believe, however, that this is not literally true, and that aided by the supplies furnished by the English, they are making extraordinary efforts to re-establish their marine. The Russian minister here has shown the official report of Admiral Greigh, on the combat of July the 17th, in which he claims the victory, and urges in proof of it, that he kept the field of battle. This report is said to have been written on it. As this paper, together with the report of the Swedish admiral, is printed in the Leyden gazette of the 15th instant, I enclose it to you. The court of Denmark has declared, it will furnish Russia the aid stipulated in their treaty: and it is not doubted they will go beyond this, and become principals in the war. The next probable moves are, that the King of Prussia will succor Sweden; and Poland, Russia, by land: and a possible consequence is, that England may send a squadron into the Baltic, to restore equilibrium in that sea. In my letter of the 11th, I observed to you, that this country would have two difficulties to struggle with, till the meeting of their States General, and that one of these was the want of money: this has, in fact, overborne all their resources, and the day before yesterday, they published an Arrêt, suspending all reimbursements of capital, and reducing the payments of the principal mass of demands for interest, to twelve sous in the livre; the remaining eight sous to be paid with certificates. I enclose you a newspaper with the Arrêt. In this paper you will see the exchange of yesterday, and I have inserted that of the day before, to show you the fall. The consternation is, as yet, too great to let us judge of the issue. It will probably ripen the public mind to the necessity of a change in their constitution, and to the substituting the collected wisdom of the whole, in place of a single will, by which they have been hitherto governed. It is a remarkable proof of the total incompetency of a single head to govern a nation well, when, with a revenue of six hundred millions, they are led to a declared bankruptcy, and to stop the wheels of government, even in its most essential movements, for want of money.
I send the present letter by a private conveyance to a sea-port, in hopes a conveyance may be found by some merchant vessel.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
CLVII. TO MR. CUTTING, August 23, 1788
TO MR. CUTTING.
Paris, August 23, 1788.
Dear Sir,
I have duly received your favors of the 3rd, 8th, 14th, and 15th instant, and have now the honor of enclosing you a letter of introduction to Doctor Ramsay.
I think a certainty that England and France must enter into the war, was a great inducement to the ministry here to suspend the portion of public payments, which they have lately suspended. By this operation, they secure two hundred and three millions of livres, or eight millions and a half of guineas, in the course of this and the ensuing year, which will be sufficient for the campaign of the first year: for what is to, follow, the States General must provide. The interesting question now is, how the States General shall be composed? There are three opinions. 1. To place the three estates, Clergy, Noblesse, and Commons, in three different Houses. The Clergy would, probably, like this, and some of the Nobility; but it has no partisans out of those orders. 2. To put the Clergy and Noblesse into one House, and the Commons into another. The Noblesse will be generally for this. 3. To put the three orders into one House, and make the Commons the majority of that House. This re-unites the greatest number of partisans, and I suspect it is well patronized in the ministry, who, I am persuaded, are proceeding bona fide, to improve the constitution of their country. As to the opposition which the English expect from the personal character of the King, it proves they do not know what his personal character is. He is the honestest man in his kingdom, and the most regular and economical. He has no foible which will enlist him against the good of his people; and whatever constitution will promote this, he will befriend. But he will not befriend it obstinately: he has given repeated proofs of a readiness to sacrifice his opinion to the wish of the nation. I believe he will consider the opinion of the States General, as the best evidence of what will please and profit the nation, and will conform to it. All the characters at court may not be of this disposition, and from thence may, possibly, arise representations, capable of leading the King astray; but upon a full view of all circumstances, I have sanguine hopes, that such a constitution will be established here, as will regenerate the energy of the nation, cover its friends, and make its enemies tremble. I am, with very great esteem, Dear Sir, your friend and servant,
Th: Jefferson.
CLVIII. TO JOHN JAY, September 3, 1788
TO JOHN JAY.
Paris, September 3, 1788.
Sir,
By Mrs. Barclay I had the honor of sending you letters of the 3rd, 10th, and 11th of August; since which, I wrote you of the 20th of the same month, by a casual conveyance, as is the present.
In my letter of the 20th, I informed you of the act of public bankruptcy which had taken place here. The effect of this would have been a forced loan of about one hundred and eighty millions of livres, in the course of the present and ensuing year. But it did not yield a sufficient immediate relief. The treasury became literally moneyless, and all purposes depending on this mover came to a stand. The Archbishop was hereupon removed, with Monsieur Lambert, the Comptroller General; and Mr. Necker was called in, as Director General of the finance. To soften the Archbishop’s dismission, a cardinal’s hat is asked for him from Rome, and his nephew promised the succession to the Archbishopric of Sens. The public joy, on this change of administration, was very great indeed. The people of Paris were amusing themselves with trying and burning the Archbishop in effigy, and rejoicing on the appointment of Mr. Necker. The commanding officer of the city-guards undertook to forbid this, and not being obeyed, he charged the mob with fixed bayonets, killed two or three, and wounded many: this stopped their rejoicings for that day; but enraged at being thus obstructed in amusements wherein they had committed no disorder whatever, they collected in great numbers the next day, attacked the guards in various places, burnt ten or twelve guard-houses, killed two or three of the guards, and had about six or eight of their own number killed. The city was hereupon put under martial law, and after a while, the tumult subsided, and peace was restored. The public stocks rose ten per cent, on the day of Mr. Necker’s appointment: he was immediately offered considerable sums of money, and has been able so far to wave the benefit of the act of bankruptcy, as to pay in cash all demands, except the remboursements des capitaux. For these, and for a sure supply of other wants, he will depend on the States General, and will hasten their meetings, as is thought. No other change has yet taken place in the administration. The minister of war, however, must certainly follow his brother, and some think, and all wish, that Monsieur de Lamoignon, the Garde des Sceaux, may go out also. The administration of justice is still suspended. The whole kingdom seems tranquil at this moment.
Abroad, no event worth noting has taken place since my last. The court of Denmark has not declared it will do any thing more, than furnish the stipulated aid to Russia. The King of Prussia has as yet made no move, which may decide whether he will engage in the war, nor has England sent any squadron into the Baltic. As the season for action is considerably passed over, it is become more doubtful, whether any other power will enter the lists till the next campaign; this will give time for stopping the further progress of the war, if they really wish to stop it. Two camps of twenty-five thousand men each are forming in this country on its northern limits. The Prince of Conde has the command of one, and the Duke de Broglio of the other.
I trouble you with the enclosed letter from a Henry Watson, claiming prize monies, as having served under Admiral Paul Jones, which I suppose should go to the treasury, or war-office.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble; servant,
Th: Jefferson,
CLIX. TO THE COMMISSIONERS OF THE TREASURY, Sep. 6, 1788
TO THE COMMISSIONERS OF THE TREASURY.
Paris, September 6, 1788.
Gentlemen,
Your favor of July the 3rd came to hand some days ago, and that of July the 22nd in the afternoon of yesterday. Knowing that a Mr. Vannet was to leave Paris this morning to go to Virginia in a vessel bound from Havre to Potomac, I have engaged him to receive the papers which are the subject of those letters, to take care of them from thence to Havre, and on the voyage; and when he shall have arrived in Potomac, instead of going directly to Richmond, as he intended, he will proceed with them himself to New York. I shall pay here all expenses to their delivery at the ship’s side in America, freight included: unless, perhaps, he may find it necessary to put another covering over them, if he should not be able to get them into the cabin; in this case, you will have to reimburse him for that. I engage to him that you shall pay him their transportation from the ship’s side to New York, and his own reasonable expenses from the place of his landing to New York, and back to the place of landing. As he takes that journey for this object only, it would be reasonable that you give him some gratuity for his time and trouble, and I suppose it would be accepted by him; but I have made no agreement for this. The papers are contained in a large box and a trunk. They were sent here by Mr. Ast, during my absence in Holland. When they arrived at the gates of Paris, the officers of the customs opened the trunk, to see whether it contained dutiable articles; but finding only books and papers, they concluded the contents of the box to be of the same nature, and did not open that. You receive it, therefore, as it came from the hands of Mr. Ast. A small trunk, which came as a third package from Mr. Ast, and which has never been opened, I have put into the great trunk, without displacing, or ever having touched a single paper, except as far as was necessary to make room for that. I shall have the whole corded and plumbed by the Custom-house here, not only to prevent their being opened at the Custom-houses on the road, and at the port of exportation, but to prove to you, whether they shall have been opened by any body else after going out of my hands. If the stamped leads are entire, and the cords uncut, when you receive them, you will be sure they have not been opened; they will be wrapt in oil-cloth here to guard them against the damps of the sea; and, as I mentioned before, Mr. Vannet will put them under another covering, if he finds it necessary, at Havre.
At the same time with your last letter, I received from the office of Foreign Affairs the ratification by Congress of the loan of 1788, for another million of guilders. As the necessity of this loan resulted from the estimate made by Mr. Adams and myself, which estimate was laid before Congress, I suppose their ratification of the loan implies that of the estimate. One article of this was for the redemption of our captives at Algiers. Though your letter says nothing on this subject, I am in hopes you have sent orders to the commissioners of the loans at Amsterdam to furnish, as soon as they shall have it, what may be necessary for this pressing call. So also for the foreign officers. If the ratification of the loan has been made by Congress, with a view to fulfil the objects of the estimate, a general order from you to the commissioners of the loans at Amsterdam, to pay the monies from time to time, according to that estimate, or to such other as you shall furnish them with, might save the trouble of particular orders on every single occasion, and the disappointments arising from the delay or miscarriage of such orders: but it is for you to decide on this.
I have the honor to be, with sentiments of the most perfect respect, Gentlemen, your most obedient and most humble servant,
Th: Jefferson.
CLX. TO THE COUNT DE MONTMORIN,
TO THE COUNT DE MONTMORIN.
Paris, September 11, 1788.
Sir,
In the course of the last war, the house of Schweighaeuser and Dobree of Nantes, and Puchilberg of L’Orient, presented to Dr. Franklin a demand against the United States of America. He, being acquainted with the circumstances of the demand, and knowing it to be unfounded, refused to pay it. They thereupon procured seizure, by judiciary authority, of certain arms and other military stores which we had purchased in this country, and had deposited for embarkation at Nantes: and these stores have remained in that position ever since. Congress have lately instructed me to put an end to this matter. Unwilling to trouble your Excellency, whenever it can be avoided, I proposed to the parties to have the question decided by arbitrators, to be chosen by us jointly. They have refused it, as you will see by their answers to my letters, copies of both which I have the honor to enclose you. I presume it to be well settled in practice, that the property of one sovereign is not permitted to be seized within the dominions of another; and that this practice is founded not only in mutual respect, but in mutual utility. To what the contrary practice would lead, is evident in the present case, wherein military stores have been stopped, in the course of a war, in which our greatest difficulties proceeded from the want of military stores. In their letter, too, they make a merit of not having seized one of our ships of war, and certainly the principle which admits the seizure of arms, would admit that of a whole fleet, and would often furnish an enemy the easiest means of defeating an expedition. The parties obliging me, then, to have recourse to your Excellency on this occasion, I am under the necessity of asking an order from you for the immediate delivery of the stores and other property of the United States at Nantes, detained by the house of Schweighaeuser and Dobree, and that of Puchilberg, or by either of them, under a pretence of a judicial seizure.
I have the honor to be, with sentiments of the most perfect respect and esteem, your Excellency’s most obedient and most humble servant,
Th: Jefferson.
CLXI. TO M. DE REYNEVAL, September 16, 1788
TO M. DE REYNEVAL.
Sir,
Paris, September 16, 1788.
I have the honor now to enclose you my observations on the alteration proposed in the consular convention. There remain only three articles of those heretofore in question between us, to which I am unable to agree; that is to say, the second, proposing still to retain personal immunities for the consuls, and others attached to their office; the eighth, proposing that the navigation code of each nation shall be established in the territories of the other; and the ninth, insisting that the ship’s roll shall be conclusive evidence that a person belongs to the ship.
There are several new matters introduced into the draught: some of these are agreed to; others cannot be admitted, as being contrary to the same principles which had obliged me to disagree to some of the former articles. The greatest part of the eleventh, and the whole of the twelfth new articles, are in this predicament. They propose, that no person shall be arrested on board a merchant vessel, for any cause, but in presence of the consul; that no such vessel shall be visited, but in his presence; and that when the officers of justice have reason to believe that a criminal has taken refuge on board a vessel of war, the captain’s word shall be conclusive evidence that he is not there.
To the objections which I had the honor of stating in my letter to his Excellency, the Count de Montmorin, I have now that of adding some other observations, of which I request your perusal. I enclose with them a draught, on the basis of the one you were pleased to give me, altered so as to reconcile it to the spirit of our laws.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
CLXII. TO THE MARQUIS DE LA ROUERIE, September 16,1788
TO THE MARQUIS DE LA ROUERIE.
Paris, September 16,1788.
Sir,
On receiving the first letters which you did me the honor to write to me on the arrears due to you from the United States, I informed you that I had nothing to do in the money department; that the subject of your letters belonged altogether to the treasury board, and to Mr. Grand, their banker here, to the former of whom I forwarded your letters. As I felt an anxiety, however, that the foreign officers should be paid, I took the liberty of pressing the treasury board, from time to time, to exert themselves for that effect; and I availed myself of an opportunity which occurred last spring, of setting on foot measures, which, with their approbation, might furnish the means of effecting this payment. So far my information to you went, and I added a supposition, that the treasury board would probably give orders on the subject, in the course of the month of July. But I made you no promise; it would have been strange if I had; nor does my office, nor any thing I have ever said or done, subject me to the demand of immediate payment, which you are pleased to make on me, nor call on me for any declaration or answer, positive or negative.
Finding that my interference, which was friendly only, and avowed to be inofficial, has given occasion to your letter of yesterday, in a style which I did not expect, and to which I can have no motive for further exposing myself, I must take the liberty of desiring that the correspondence between us on this subject may cease. I presume that the certificate given you points out the person, here or elsewhere, to whom your applications are to be made, and that he will inform you when he receives orders on your subject.
I am, Sir, your humble servant,
Th: Jefferson.
CLXIII. TO WILLIAM SHORT, September 20, 1788
TO WILLIAM SHORT.
Paris, September 20, 1788.
Dear Sir,
The evening of your departure, a letter came by the way of London and New York, addressed to you, and probably from Virginia. I think you wished your American letters to remain here; I shall therefore keep it. The passport now enclosed came the day after your departure; so also did a mass of American letters for me, as low down as August the 10th. I shall give you their substance. The convention of Virginia annexed to their ratification of the new constitution a copy of the State declaration of rights, not by way of condition, but to announce their attachment to them. They added also propositions for specific alterations of the constitution. Among these was one for rendering the President incapable of serving more than eight years, in any term of sixteen. New York has followed the example of Virginia, expressing the substance of her bill of rights (that is, Virginia’s), and proposing amendments: these last differ much from those of Virginia; but they concur as to the President, only proposing that he shall be incapable of being elected more than twice. But I own I should like better than either of these, what Luther Martin tells us was repeatedly voted and adhered to by the federal convention, and only altered about twelve days before their rising, when some members had gone off; to wit, that he should be elected for seven years, and incapable for ever after. But New York has taken another step, which gives uneasiness; she has written a circular letter to all the legislatures, asking their concurrence in an immediate convention for making amendments. No news yet from North Carolina. Electors are to be chosen the first Wednesday in January; the President to be elected the first Wednesday in February; the new legislature to meet the third week in March:--the place is not yet decided on. Philadelphia was first proposed, and had six and a half votes; the half vote was Delaware, one of whose members wanted to take a vote on Wilmington; then Baltimore was proposed and carried, and afterwards rescinded: so that the matter stood open as ever on the 10th of August; but it was allowed the dispute lay only between New York and Philadelphia, and rather thought in favor of the last. The Rhode Island Delegates had retired from Congress. Dr. Franklin was dangerously ill of the gout and stone on the 21st of July. My letters of August the 10th not mentioning him, I hope he was recovered. Warville, &c. were arrived. Congress had referred the decision, as to the independence of Kentucky, to the new government. Brown ascribes this to the jealousy of the northern States, who want Vermont to be received at the same time, in order to preserve a balance of interests in Congress. He was just setting out for Kentucky, disgusted, yet disposed to persuade to an acquiescence, though doubting they would immediately separate from the Union. The principal obstacle to this, he thought, would be the Indian war.
The following is a quotation from a letter from Virginia, dated July the 12th. ‘P------n, though much impaired in health, and in every respect in the decline of life, showed as much zeal to carry the new constitution, as if he had been a young man; perhaps more than he discovered in the commencement of the late revolution,in his opposition to Great Britain. W------e acted as chairman to the committee of the whole, and of course took but little part in the debate; but was for the adoption, relying on subsequent amendments. B------r said nothing, but was for it. The G------r exhibited a curious spectacle to view. Having refused to sign the paper, every body supposed him against it; but he afterwards had written a letter, and having taken a part, which might be called rather vehement than active, he was constantly laboring to show, that his present conduct was consistent with that letter, and that letter with his refusal to sign. M--d--n took the principal share in the debate for it; in which, together with the aid I have already mentioned, he was somewhat assisted by I--nn--s, Lee, M------l, C------n, and G. N------s. M--s--n, H------y, and Gr------n were the principal supporters of the opposition. The discussion, as might be expected, where the parties were so nearly on a balance, was conducted generally with great order, propriety, and respect of either party to the other.’
The assembly of Virginia, hurried to their harvests, would not enter into a discussion of the district bill, but suspended it to the next session. E. Winston is appointed a judge, vice Gabriel Jones, resigned. R. Goode and Andrew Moore, Counsellors, vice B. Starke, dead, and Joseph Egglestone, resigned. It is said Wilson, of Philadelphia, is talked of to succeed Mr. A. in London. Quære?
The dispute about Virgil’s tomb and the laurel, seems to be at length settled, by the testimony of two travellers, given separately, and without a communication with each other. These both say, that attempting to pluck off a branch of the laurel, it followed their hand, being, in fact, nothing more than a plant or bough recently cut, and stuck in the ground for the occasion. The Cicerone acknowledged the roguery, and said they practised it with almost every traveller, to get money. You will, of course, tug well at the laurel which shall be shown you, to see if this be the true solution.
The President Dupaty is dead. Monsieur de Barentin, prémier president de la cour des aides, is appointed Garde des Sceaux. The stocks are rather lower than when you left this. Present me in the most friendly terms to Messrs. Shippen and Rutledge. I rely on your communicating to them the news, and, therefore, on their pardoning me for not repeating it in separate letters to them. You can satisfy them how necessary this economy of my time and labor is. This goes to Geneva poste restante. I shall not write again till you tell me where to write to.
Accept very sincere assurances of the affection, with which I am, Dear Sir, your friend and servant,
Th; Jefferson.
CLXIV. TO JOHN JAY, September 24,1788
TO JOHN JAY.
Paris, September 24,1788.
Sir,
Understanding that the vessel is not yet sailed from Havre, which is to carry my letters of the 3rd and 5th instant, I am in hopes you will receive the present with them. The Russian accounts of their victories on the Black Sea must have been greatly exaggerated. According to these, the Captain Pacha’s fleet was annihilated; yet themselves have lately brought him on the stage again, with fifteen ships of the line, in order to obtain another victory over him. I believe the truth to be, that he has suffered some checks, of what magnitude it is impossible to say, where one side alone is heard, and that he is still master of that sea. He has relieved Oczakow, which still holds out; Choczim also is still untaken, and the Emperor’s situation is apprehended to be bad. He spun his army into a long cord, to cover several hundred miles of frontier, which put it in the power of the Turks to attack with their whole force wherever they pleased. Laudon, now called to head the imperial army, is endeavoring to collect it; but in the mean time the campaign is drawing to a close, and has been worse than fruitless. The resistance of Russia to Sweden has been successful in every point by sea and land, This, with the interference of Denmark, and the discontent of the Swedish nation; at the breach of their constitution, by the King’s undertaking an offensive war without the consent of the Senate, has obliged him to withdraw his attacks by land, and to express a willingness for peace; one third of his officers have refused to serve. England and Prussia have offered their mediation between Sweden and Russia, in such equivocal terms, as to leave themselves at liberty to say it was an offer, or was not, just as it shall suit them. Denmark is asking the counter-offer of mediation from this court. If England and Prussia make a peace effectually in the north (which it is absolutely in their power to do), it will be a proof they do not intend to enter into the war; if they do not impose a peace, I should suspect they mean to engage themselves; as one can hardly suppose they would let the war go on in its present form, wherein Sweden must be crushed between Russia and Denmark.
The Garde des Sceaux, M. de Lamoignon, was dismissed the 14th instant, and M. de Barentin is appointed in his room. The deputies of Bretagne are released from the Bastile, and M. d’Epermesnil and M. Sabatier recalled from their confinement. The parliament is not yet reinstated; but it is confidently said it will be this week. The stocks continue low, and the treasury under a hard struggle to keep the government in motion. It is believed the meeting of the States General will be as early as January, perhaps December. I have received a duplicate of the ratification of the loan of 1788, by Congress, and a duplicate of a letter of July the 22nd, from the treasury board, on another subject, but none on that of the captives, or foreign officers. I suppose some cause of delay must have intervened between the ratification of Congress, and the consequent orders of the treasury board.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant;
Th: Jefferson,
CLXV. TO M. DE REYNEVAL, October 1, 1788
TO M. DE REYNEVAL.
Paris, October 1, 1788
Sir,
I have now the honor of enclosing to you a copy of the letter of September the 16th, which I had that of writing to his Excellency the Count de Montmorin, with the papers therein referred to, and of soliciting the order I have asked for. The originals were sent at the date before mentioned. Notwithstanding the refusal of the houses of Schweighaeuser and Dobree, and of Puchilberg, to settle their claim against the United States by arbitration, as I proposed to them, the United States will still be ready to do them justice. But those houses must first retire from the only two propositions they have ever made; to wit, either a payment of their demand without discussion, or a discussion before the tribunals of the country. In the mean time, I shall hope an acknowledgment with respect to us, of the principle which holds as to other nations; that our public property here cannot be seized by the territorial judge. It is the more interesting to us, as we shall be more and longer exposed than other nations, to draw arms and military stores from Europe. Our preference of this country has occasioned us to draw them from hence alone, since the peace: and the friendship we have constantly experienced from the government, will, we doubt not, on this and every other occasion, insure to us the protection of what we purchase. I have the honor to be, Sir, your friend and servant,
Th: Jefferson.
CLXVI. TO MR. CUTTING, October 2, 1788
TO MR. CUTTING.
Paris, October 2, 1788.
Dear Sir,
I am now to acknowledge the receipt of your favors of the 16th and 23rd ultimo and to thank you for the intelligence they conveyed. That respecting the case of the interrogatories in Pennsylvania, ought to make noise. So evident a heresy in the common law ought not to be tolerated on the authority of two or three civilians, who happened, unfortunately, to make authority in the courts of England. I hold it essential, in America, to forbid that any English decision which has happened since the accession of Lord Mansfield to the bench, should ever be cited in a court: because, though there have come many good ones from him, yet there is so much sly poison instilled into a great part of them, that it is better to proscribe the whole. Can you inform me what has been done by England on the subject of our wheat and flour? The papers say it is prohibited, even in Hanover. How do their whale-fisheries turn out, this year? I hope a deep wound will be given them in that article soon, and such as will leave us in no danger from their competition.
*****
I am, with very great esteem, Dear Sir, your most obedient, humble servant,
Th: Jefferson.
CLXVII. TO JOHN JAY, November 14, 1788
TO JOHN JAY.
Paris, November 14, 1788.
Sir,
In my letter of December the 21st, 1787, I had the honor of acknowledging the receipts of your two favors of July the 27th, 1787, which had come to my hands December the 19th, and brought with them my full powers for treating on the subject of the consular convention. Being then much engaged in getting forward the Arrêt which came out the 29th of December, and willing to leave some interval between that act, and the solicitation of a reconsideration of our consular convention, I had declined mentioning it, for some time, and was just about to bring it on the carpet, when it became necessary for me to go to Amsterdam. Immediately after my return, which was about the last of April, I introduced the subject to the Count de Montmorin, and have followed it unremittingly, from that time. The office of Marine, as well as that of Foreign Affairs, being to be consulted in all the stages of the negotiation, has protracted its conclusions till this time: it is at length signed this day, and I have now the honor to enclose the original, for the ratification of Congress. The principal changes effected are the following:
The clauses of the Convention of 1784, clothing consuls with privileges of the law of nations, are struck out, and they are expressly subjected, in their persons and property, to the laws of the land.
That giving the right of sanctuary to their houses, is reduced to a protection of their chancery room and its papers.
Their coercive powers over passengers are taken away; and over those, whom they might have termed deserters of their nation, are restrained to deserted seamen only.
The clause, allowing them to arrest and send back vessels, is struck out, and instead of it, they are allowed to exercise a police over the ships of their nation generally.
So is that, which declared the indelibility of the character of subject, and the explanation and extension of the eleventh article of the treaty of amity.
The innovations in the laws of evidence are done away: and the convention is limited to twelve years’ duration. Convinced that the fewer examples, the better, of either persons or causes unamenable to the laws of the land, I could have wished, still more had been done; but more could not be done, with good humor. The extensions of authority given by the convention of 1784, were so homogeneous with the spirit of this government, that they were prized here. Monsieur de Reyneval has had the principal charge of arranging this instrument with me; and, in justice to him, I must say, I could not have desired more reasonable and friendly dispositions, than he demonstrated through the whole of it.
I enclose herewith the several schemes successively proposed between us, together with the copies of the written observations given in with them, and which served as texts of discussion, in our personal conferences. They may serve as a commentary on any passage which may need it, either now or hereafter, and as a history how any particular passage comes to stand as it does. No. 1. is the convention of 1784. No. 2. is my first scheme. No. 3. theirs in answer to it. No. 4. my next, which brought us so near together, that, in a conference on that, we arranged it in the form in which it has been signed. I add No. 5. the copy of a translation which I have put into their hands, with a request, that if they find any passages in which the sense of the original is not faithfully rendered, they will point them out to me; otherwise, we may consider it as having their approbation. This, and the convention of 1784, (marked No. 1.) are placed side by side, so as to present to the eye, with less trouble, the changes made; and I enclose a number of printed copies of them, for the use of the members, who will have to decide on the ratification. It is desirable that the ratification should be sent here for exchange, as soon as possible.
With respect to the consular appointments, it is a duty on me to add some observations, which my situation here has enabled me to make. I think it was in the spring of 1784, that Congress (harassed by multiplied applications from foreigners, of whom nothing was known but on their own information, or on that of others as unknown as themselves) came to a resolution, that the interest of America would not permit the naming any person not a citizen, to the office of consul, vice-consul, agent, or commissary. This was intended as a general answer to that swarm of foreign pretenders. It appears to me, that it will be best, still to preserve a part of this regulation. Native citizens, on several valuable accounts, are preferable to aliens, and to citizens alien-born. They possess our language, know our laws, customs, and commerce; have, generally, acquaintance in the United States; give better satisfaction; and are more to be relied on, in point of fidelity. Their disadvantages are, an imperfect acquaintance with the language of this country, and an ignorance of the organization of its judicial and executive powers, and consequent awkwardness, whenever application to either of these is necessary, as it frequently is. But it happens, that in some of the principal ports of France, there is not a single American (as in Marseilles, L’Orient, and Havre), in others but one (as in Nantes and Rouen), and in Bordeaux only, are there two or three. Fortunately for the present moment, most of these are worthy of appointments. But we should look forward to future times, when there may happen to be no native citizens in a port, but such as, being bankrupt, have taken asylum in France from their creditors, or young ephemeral adventurers in commerce, without substance or conduct, or other descriptions, which might disgrace the consular office, without protecting our commerce. To avail ourselves of our good native citizens, when we have one in a port, and when there are none, to have yet some person to attend to our affairs, it appears to me advisable to declare, by a standing law, that no person but a native citizen shall be capable of the office of consul, and that the consul’s presence in his port should suspend, for the time, the functions of the vice-consul. This is the rule of 1784, restrained to the office of consul, and to native citizens. The establishing this, by a standing law, will guard against the effect of particular applications, and will shut the door against such applications, which will otherwise be numerous. This done, the office of vice-consul may be given to the best subject in the port, whether citizen or alien, and that of consul, be kept open for any native citizen of superior qualifications, who might come afterwards to establish himself in the port. The functions of the vice-consul would become dormant during the presence of his principal, come into activity again on his departure, and thus spare us and them the painful operation of revoking and reviving their commissions perpetually. Add to this, that during the presence of the consul, the vice-consul would not be merely useless, but would be a valuable counsellor to his principal, new in the office, the language, laws, and customs of the country. Every consul and vice-consul should be restrained in his jurisdiction, to the port for which he is named, and the territory nearer to that than to any other consular or vice-consular port, and no idea be permitted to arise, that the grade of consul gives a right to any authority whatever over a vice-consul, or draws on any dependence.
It is now proper I should give some account of the state of our dispute with Schweighaeuser and Dobree. In the conversation I had with Dobree, at Nantes, he appeared to think so rationally on this subject, that I thought there would be no difficulty in accommodating it with him, and I wished rather to settle it by accommodation, than to apply to the minister. I afterwards had it intimated to him, through the medium of Mr. Carnes, that I had it in idea, to propose a reference to arbitrators. He expressed a cheerful concurrence in it. I thereupon made the proposition to him formally, by letter, mentioning particularly, that we would choose our arbitrators of some neutral nation, and, of preference, from among the Dutch refugees here. I was surprised to receive an answer from him, wherein, after expressing his own readiness to accede to this proposition, he added, that on consulting Mr. Puchilberg, he had declined it; nevertheless, he wished a fuller explanation from me, as to the subjects to be submitted to arbitration. I gave him that explanation, and he answered finally, that Mr. Puchilberg refused all accommodation, and insisted that the matter should be decided by the tribunals of the country. Accommodation being at an end, I wrote to Monsieur de Montmorin, and insisted on the usage of nations, which does not permit the effects of one sovereign, to be seized in the territories of another, and subjected to judiciary decision there. I am promised that the stores shall be delivered; but the necessary formalities will occasion some delay. The King being authorized to call all causes before himself, ours will be evoked from the tribunal where it is, and will be ended by an order to deliver up the stores arrested, leaving it to the justice of Congress, to do afterwards what is right, as to the demand of Schweighaeuser and Dobree. I wish I could receive instructions what to do with the stores, when delivered. The arms had certainly better be sent to America, as they are good, and yet will sell here for little or nothing. The gun-stocks and old iron had better be sold here; but what should be done with the anchors? Being thoroughly persuaded that Congress wish that substantial justice should be done to Schweighaeuser and Dobree, I shall, after the stores are secured, repeat my proposition of arbitration to them. If they then refuse it, I shall return all the papers to America, and consider my powers for settling this matter as at an end.
I have received no answer yet from Denmark on the subject of the prizes; nor do I know whether to ascribe this silence to an intention to evade the demand, or to the multitude of affairs they have had on their hands lately. Patience seems to be prudence, in this case; to indispose them, would do no good, and might do harm. I shall write again soon, if no answer be received in the mean time.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble
servant,
Th: Jefferson.
[The following is the translation of the convention referred to as No. 5. in the preceding letter.]
Convention between his Most Christian Majesty and the United States of America, for the purpose of defining and establishing the Functions and Privileges of their respective Consuls and Vice-Consuls.
His Majesty the Most Christian King, and the United States of America, having, by the twenty-ninth article of the treaty of amity and commerce concluded between them, mutually granted the liberty of having, in their respective States and ports, Consuls, Vice-Consuls, Agents, and Commissaries, and being willing, in consequence thereof, to define and establish, in a reciprocal and permanent manner, the functions and privileges of Consuls and Vice-Consuls, which they have judged it convenient to establish of preference, his M. C. Majesty has nominated the Sieur Count of Montmorin of St. Herent, Marechal of his Camps and Armies, Knight of his Orders and of the Golden Fleece, his Counsellor in all his Councils, Minister and Secretary of State, and of his Commandments and Finances, having the department of foreign affairs, and the United States have nominated Thomas Jefferson, citizen of the United States of America and their Minister Plenipotentiary near the King, who after having communicated to each other their respective full powers, have agreed on what follows:
Article I. The Consuls and Vice-Consuls named by the M. C. K. and the United States, shall be bound to present their commissions according to the forms which shall be established respectively by the M. C. K. within his dominions, and by the Congress within the United States; there shall be delivered to them, without any charges, the Exequatur necessary for the exercise of their functions; and on exhibiting the said Exequatur, the governors, commanders, heads of justice, bodies corporate, tribunals, and other officers having authority in the ports and places of their consulates, shall cause them to enjoy immediately, and without difficulty, the pre-eminences, authority, and privileges, reciprocally granted, without exacting from the said Consuls and Vice-Consuls any fee, under any pretext whatever.
Article II. The Consuls and Vice-Consuls, and persons attached to their functions, that is to say, their chancellors and secretaries, shall enjoy a full and entire immunity for their chancery and the papers which shall be therein contained: they shall be exempt from aU, personal service, from soldiers’ billets, militia, watch, guard, guardianship, trusteeship, as well as from all duties, taxes, impositions, and charges whatsoever, except on the estate real and personal of which they may be the proprietors or possessors, which shall be subject to the taxes imposed on the estates of all other individuals: and in all other instances they shall be subject to the laws of the land, as the natives are.
Those of the said Consuls and Vice-Consuls who shall exercise commerce, shall be respectively subject to all taxes, charges, and impositions established on other merchants.
They shall place over the outward door of their house the arms of their sovereign: but this mark of indication shall not give to the said house any privilege of asylum for any person or property whatsoever.
Article III. The respective Consuls and Vice-Consuls may establish agents in the different ports and places of their departments, where necessity shall require. These agents maybe chosen among the merchants, either national or foreign, and furnished with a commission from one of the said Consuls; they shall confine themselves respectively to the rendering to their respective merchants, navigators, and vessels, all possible service, and to inform the nearest Consul of the wants of the said merchants, navigators, and vessels, without the said agents otherwise participating in the immunities, rights, and privileges attributed to Consuls and Vice-Consuls, and without power, under any pretext whatever, to exact from the said merchants any duty or emolument whatsoever.
Article IV. The Consuls and Vice-Consuls respectively, may establish a chancery, where shall be deposited the consular determinations, acts, and proceedings, as also testaments, obligations, contracts, and other acts done by or between persons of their nation, and effects left by decedents, or saved from shipwreck.
They may, consequently, appoint fit persons to act in the said chancery, qualify and swear them in, commit to them the custody of the seal, and authority to seal commissions, sentences, and other consular acts, and also to discharge the functions of notaries and registers of the consulate.
Article V. The Consuls and Vice-Consuls respectively, shall have the exclusive right of receiving in their chancery, or on board their vessels, the declarations and all other the acts which the captains, masters, crews, passengers, and merchants of their nation may choose to make there, even their testaments and other disposals by last will: and the copies of the said acts, duly authenticated by the said Consuls or Vice-Consuls, under the seal of their consulate, shall receive faith in law, equally as their originals would, in all the tribunals of the dominions of the M. C. King and of the United States.
They shall also have, and exclusively, in case of the absence of the testamentary executor, guardian, or lawful representative, the right to inventory, liquidate, and proceed to the sale of the personal estate left by subjects or citizens of their nation, who shall die within the extent of their consulate; they shall proceed therein with the assistance of two merchants of their said nation, or, for want of them, of any other at their choice, and shall cause to be deposited in their chancery, the effects and papers of the said estates; and no officer, military, judiciary, or of the police of the country, shall disturb them or interfere therein, in any manner whatsoever: but the said Consuls and Vice-Consuls shall not deliver up the said effects, nor the proceeds thereof, to the lawful representatives or to their order, till they shall have caused to be paid all debts which the deceased shall have contracted in the country; for which purpose the creditor shall have a right to attach the said effects in their hands, as they might in those of any other individual whatever, and proceed to obtain sale of them, till payment of what shall be lawfully due to them. When the debts shall not have been contracted by judgment, deed, or note, the signature whereof shall be known, payment shall not be ordered, but on the creditor’s giving sufficient surety resident in the country, to refund the sums he shall have unduly received, principal, interest, and costs; which surety, nevertheless, shall stand duly discharged after the term of one year, in time of peace, and of two, in time of war, if the discharge cannot be formed before the end of this term, against the* representatives who shall present themselves.
And in order that the representatives may not be unjustly kept out of the effects of the deceased, the Consuls and Vice-Consuls shall notify his death in some one of the gazettes published within their consulate, and that they shall retain the said effects in their hands four months, to answer all just demands which shall be presented; and they shall be bound, after this delay, to deliver to the persons succeeding thereto, what shall be more than sufficient for the demands which shall have been formed.
Article VI. The Consuls and Vice-Consuls, respectively, shall receive the declarations, protests, and reports of all captains and masters of their respective nations, on account of average losses sustained at sea; and these captains and masters shall lodge in the chancery of the said Consuls and Vice-Consuls, the acts which they may have made in other ports, on account of the accidents which may have happened to them on their voyage. If a subject of the M. C. K. and a citizen of the United States, or a foreigner, are interested in the said cargo, the average shall be settled by the tribunals of the country, and not by the Consuls or Vice-Consuls; but when only the subjects or citizens of their own nation shall be interested, the respective Consuls or Vice-Consuls shall appoint skilful persons to settle the damages and average.
Article VII. In cases where by tempest, or other accident, French ships or vessels shall be stranded on the coasts of the United States, and ships or vessels of the United States shall be stranded on the coasts of the dominions of the M. C. K.,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 the security of the effects and merchandise saved. He may take an inventory of them, without the intermeddling of any officers of the military, of the customs, of justice, or of the police of the country, otherwise than to give to the Consuls, Vice-Consuls, captain, and crew of the vessels shipwrecked or stranded, all the succor and favor which they shall ask of them, either for the expedition and security of the saving and of the effects saved, as to prevent all disturbance.
And in order to prevent all kind of dispute and discussion in the said cases of shipwreck, it is agreed that when there shall be no Consul or Vice-Consul to attend to the saving of the wreck, or that the residence of the said Consul or Vice-Consul (he not being at the place of the wreck) shall be more distant from the said place than that of the competent judge of the country, the latter shall immediately proceed therein, with all the despatch, certainty, and precautions, prescribed by the respective laws; but the said territorial judge shall retire, on the arrival of the Consul or Vice-Consul, and shall deliver over to him the report of his proceedings, the expenses of which the Consul and Vice-Consul shall cause to be reimbursed to him, as well as those of saving the wreck.
The merchandise and effects saved, shall be deposited in the nearest Custom-house, or other place of safety, with the inventory thereof, which shall have been made by the Consul or Vice-Consul, or by the judge who shall have proceeded in their absence, that the said effects and merchandise may be afterwards delivered (after levying therefrom the costs), and without form of process, to the owners, who, being furnished with an order for their delivery, from the nearest Consul or Vice-Consul, shall reclaim them by themselves, or by their order, either for the purpose of re-exporting such merchandise, in which case, they shall-pay no kind of duty of exportation, or for that of selling them in the country, if they be not prohibited there; and in this last case, the said merchandise, if they be damaged, shall be allowed an abatement of entrance duties, proportioned to the damage they have sustained, which shall be ascertained by the affidavits taken at the time the vessel was wrecked or struck.
Article VIII. The Consuls and Vice-Consuls shall exercise police over all the vessels of their respective nations, and shall have on board the said vessels, all power and jurisdiction in civil matters, in all the disputes which may there arise; they shall have an entire inspection over the said vessels, their crew, and the changes and substitutions there to be made. For which purpose they may go on board the said vessels whenever they may judge it necessary: well understood, that the functions hereby allowed shall be confined to the interior of the vessels, and that they shall not take place in any case, which shall have any interference with the police of the ports where the said vessels shall be.
Article IX. The Consuls and Vice-Consuls may cause to be arrested the captains, officers, mariners, sailors, and all other persons, being part of the crews of the vessels of their respective nations, who shall have deserted from the said vessels, in order to send them back, and transport them out of the country. For which purpose, the said Consuls and Vice-Consuls shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship’s roll, that those men were part of the said crews: and on this demand, so proved (saving, however, where the contrary is proved), the delivery shall not be refused¦; and there shall be given all aid and assistance to the said Consuls and Vice-Consuls, for the search, seizure, and arrest of the said deserters, who shall even be detained and kept in the prisons of the country, at their request and expense, until they shall have found an opportunity of sending them back. But if they be not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause.
Article X. In cases where the respective subjects, or citizens, shall have committed any crime, or breach of the peace, they shall be amenable to the judges of the country.
Article XI. When the said offenders shall be a part of the crew of a vessel of their nation, and shall have withdrawn themselves on board the said vessel, they may be there seized and arrested by order of the judges of the country: these shall give notice thereof to the Consul or Vice-Consul, who may repair on board, if he thinks proper: but this notification shall not, in any case, delay execution of the order in question. The persons arrested shall not afterwards be set at liberty, until the Consul or Vice-Consul shall have been notified thereof; and they shall be delivered to him, if he requires it, to be put again onboard of the vessel on which they were arrested, or of others of their nation, and to be sent out of the country.
Article XII. All differences and suits between the subjects of the M. C. K. in the U. S., or between the citizens of the United States within the dominions of the M. C. K. and particularly all disputes relative to the wages and terms of engagement of the crews of the respective vessels, and all differences of whatever nature they be, which may arise between the privates of the said crews, or between any of them and their captains, or between the captains of different vessels of their nation, shall be determined by the respective Consuls and Vice-Consuls, either by a reference to arbitrators, or by a summary judgment, and without costs.
No officer of the country, civil or military, shall interfere therein, or take any part whatever in the matter: and the appeals from the said consular sentences shall be carried before the tribunals of France or of the United States, to whom it may appertain to take cognizance thereof.
Article XIII. The general utility of commerce, having caused to be established within the dominions of the M. C. K. particular tribunals and forms, for expediting the decision of commercial affairs, the merchants of the U. S. shall enjoy the benefit of these establishments; and the Congress of the U. S. will provide in the manner the most conformable to its laws, equivalent advantages in favor of the French merchants, for the prompt despatch and decision of affairs of the same nature.
Article XIV. The subjects of the M. C. K. and citizens of the U. S. who shall prove by legal evidence, that they are of the said nations respectively, shall, in consequence, enjoy an exemption from all personal service in the place of their settlement.
Article XV. If any other nation acquires, by virtue of any convention whatever, a treatment more favorable with respect to the consular pre-eminences, powers, authority, and privileges, the Consuls and Vice-Consuls of the M. C. K. or of the U. S., reciprocally, shall participate therein, agreeably to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce, concluded between the M. C. K. and the U. S.
Article XVI. The present convention shall be in full force during the term of twelve years, to be counted from the day of the exchange of ratifications, which shall be given in proper form, and exchanged on both sides, within the space of one year, or sooner, if possible.
In faith whereof, we, Ministers Plenipotentiary, have signed the present convention, and have thereto set the seal of our arms.
Done at Versailles, the 14th of November, one thousand seven hundred and eighty eight.
L. C. De MONTMORIN. L. S.
Signed.
Th: Jefferson. L. S.
CLXVIII. TO JAMES MADISON, November 18, 1788
TO JAMES MADISON.
Paris, November 18, 1788.
Dear Sir,
My last to you was of the 31st of July; since which, I have received yours of July the 24th, August the 10th, and 23rd. The first part of this long silence in me was occasioned by a knowledge that you were absent from New York; the latter part, by a want of opportunity, which has been longer than usual. Mr. Shippen being just arrived here, and to set out to-morrow for London, I avail myself of that channel of conveyance. Mr. Carrington was so kind as to send me the second volume of the American Philosophical Transactions, the Federalist, and some other interesting pamphlets; and I am to thank you for another copy of the Federalist, and the report of the instructions to the ministers for negotiating peace. The latter unluckily omitted exactly the passage I wanted, which was what related to the navigation of the Mississippi. With respect to the Federalist, the three authors had been named to me. I read it with care, pleasure, and improvement, and was satisfied there was nothing in it by one of those hands, and not a great deal by a second. It does the highest honor to the third, as being, in my opinion, the best commentary on the principles of government, which ever was written. In some parts, it is discoverable that the author means only to say what may be best said in defence of opinions, in which he did not concur. But in general, it establishes firmly the plan of government. I confess, it has rectified me on several points. As to the bill of rights, however, I still think it should be added; and I am glad to see, that three States have at length considered the perpetual re-eligibility of the President, as an article which should be amended. I should deprecate with you, indeed, the meeting of a new convention. I hope they will adopt the mode of amendment by Congress and the Assemblies, in which case, I should not fear any dangerous innovation in the plan. But the minorities are too respectable, not to be entitled to some sacrifice of opinion in the majority; especially, when a great proportion of them would be contented with a bill of rights. Here, things internally, are going on well. The Notables now in session, have, indeed, passed one vote, which augurs ill to the rights of the people; but if they do not obtain now so much as they have a right to, they will in the long run. The misfortune is, that they are not yet ripe for receiving the blessings to which they are entitled. I doubt, for instance, whether the body of the nation, if they could be consulted, would accept of a habeas corpus law, if offered them by the King. If the Etats Generaux, when they assemble, do not aim at too much, they may begin a good constitution. There are three articles which they may easily obtain; 1. their own meeting, periodically; 2. the exclusive right of taxation; 3. the right of registering laws and proposing amendments to them, as exercised now by the parliaments. This last would be readily approved by the court, on account of their hostility against the parliaments, and would lead immediately to the origination of laws: the second has been already solemnly avowed by the King; and it is well understood, there would be no opposition to the first. If they push at much more, all may fail. I shall not enter further into public details, because my letter to Mr. Jay will give them. That contains a request of permission to return to America the next spring, for the summer only. The reasons therein urged, drawn from my private affairs, are very cogent. But there is another, more cogent on my mind, though of a nature not to be explained in a public letter. It is the necessity of attending my daughters, myself, to their own country, and depositing them safely in the hands of those, with whom I can safely leave them. I have deferred this request as long as circumstances would permit, and am in hopes it will meet with no difficulty. I have had too many proofs of your friendship, not to rely on your patronage of it, as, in all probability, nothing can suffer by a short absence. But the immediate permission is what I am anxious about; as by going in April and returning in October, I shall be sure of pleasant and short passages, out and in. I must intreat your attention, my friend, to this matter, and that the answers may be sent me through several channels.
Mr. Liniozin, at Havre, sent you, by mistake, a package belonging to somebody else. I do not know what it contained, but he has written to you on the subject, and prayed me to do the same, he is likely to suffer if it be not returned.
Supposing that the funding their foreign debt will be among the first operations of the new government, I send you two estimates; the one by myself, the other by a gentleman infinitely better acquainted with the subject, showing what fund will suffice to discharge the principal and interest, as it shall become due, aided by occasional loans, which the same fund will repay. I enclose them to you, because collating them together, and with your own ideas, you will be able to advise something better than either; but something must be done. This government will expect, I fancy, a very satisfactory provision for the payment of their debt, from the first session of the new Congress. Perhaps, in this matter, as well as the arrangement of your foreign affairs, I may be able, when on the spot with you, to give some information and suggest some hints, which may render my visit to my native country not altogether useless. I consider as no small advantage, the resuming the tone of mind of my constituents, which is lost by long absence, and can only be recovered by mixing with them; and shall, particularly, hope for much profit and pleasure, by contriving to pass as much time as possible with you. Should you have a trip to Virginia in contemplation, for that year, I hope you will time it so as that we may be there together. I will camp you at Monticello, where, if illy entertained otherwise, you shall not want books. In firm hope of a happy meeting with you in the spring, or early in summer, I conclude, with assurances of the sincere esteem and attachment, with which I am, Dear Sir, your affectionate friend and servant,
Th: Jefferson.
CLXIX. TO A. DONALD, November 18,1788
TO A. DONALD.
Paris, November 18,1788.
Dear Sir,
Often solicited by persons on this side the water, to inquire for their friends in America, about whose fate they are uncertain, I can only hand on their requests to my friends in America. The enclosed letter from, the Chevalier de Sigougne desires some inquiry after his brother, whom he supposes to have settled at Todd’s Bridge. As this is within your reach, I must refer the request to your humanity, and beg of you, if you can hear of him, you will be so good as to give me an account of him, returning me the enclosed letter at the same time.
The campaign between the Turks and Russians has been tolerably equal. The Austrians have suffered through the whole of it. By the interposition of Prussia and England, peace is likely to be made between Russia, Denmark, and Sweden. This is a proof that England does not mean to engage in the war herself. This country will certainly engage herself in no manner, externally, before the meeting of her States General. This assembly has been so long disused, that the forms of its convocation occasion difficulty. The Notables have been convened to prescribe them, and they are now in session. I am in hopes this will end in giving a good degree of liberty to this country. They enjoy, at present, the most perfect tranquillity within; their stocks, however, continue low, and money difficult to be got for current expenses. It is hoped, that Mr. Necker’s talents and popularity, with the aid of a National Assembly, will extricate them from their difficulties. We have been daily expecting to hear of the death of the King of England: our last news is of the 11th, when he was thought in the utmost danger. This event might produce a great change in the situation of things: it is supposed Mr. Fox would come into place, and he has been generally understood to be disposed for war. Should the King survive, I think the continuance of peace more probable at present, than it has been for some time past. Be so good as to contrive the enclosed letter, by a very safe conveyance. Remember me in the most friendly terms to Dr. Currie, and be assured yourself of the esteem and attachment, with which I am. Dear Sir, your affectionate friend and servant,
Th: Jefferson.
CLXX. TO JOHN JAY, November 19, 1788
TO JOHN JAY.
Sir,
Paris, November 19, 1788.
Since my letter of September the 5th, wherein I acknowledged Mr. Remsen’s favor of July the 25th, I have written those of September the 24th, and of the 14th instant. This last will accompany the present, both going by the way of London, for want of a direct opportunity; but they go by a private hand.
No late event worth notice has taken place between the Turks and Austrians. The former continue in the territories of the latter, with all the appearances of superiority. On the side of Russia, the war wears an equal face, except that the Turks are still masters of the Black sea. Oczakow is not yet taken. Denmark furnished to Russia its stipulated quota of troops with so much alacrity, and was making such other warlike preparations, that it was believed they meant to become principals in the war against Sweden. Russia and England hereupon interposed efficaciously. Their ministers appointed to meditate, gave notice to the court of Copenhagen, that they would declare war against them in the name of their two sovereigns, if they did not immediately withdraw their troops from the Swedish territories. The court of London has since said, that their minister (Elliott) went further in this than he was authorized. However, the Danish troops are retiring. Poland is augmenting its army from twenty to an hundred thousand men. Nevertheless, it seems as if England and Prussia meant in earnest to stop the war in that quarter, contented to leave the two empires in the hands of the Turks. France, desired by Sweden to join the courts of London and Berlin in their mediation between Sweden and Russia, has declined it. We may be assured, she will meddle in nothing external before the meeting of the States General. Her temporary annihilation in the political scale of Europe, leaves to England and Prussia the splendid roll, of giving the law without meeting the shadow of opposition. The internal tranquillity of this country is perfect: their stocks, however, continue low, and the difficulty of getting money to face current expenses very great. In the contest between the King and parliament, the latter, fearing the power of the former, passed the convoking the States General. The government found itself obliged by other difficulties, also, to recur to the same expedient. The parliament, after its recall, showed that it was now become apprehensive of the States General, and discovered a determination to cavil at their form, so as to have a right to deny their legality, if that body should undertake to abridge their powers. The court, hereupon, very adroitly determined to call the same Notables, who had been approved by the nation the last year, to decide on the form of convoking the Etats Generaux: thus withdrawing itself from the disputes which the parliament might excite, and committing them with the nation. The Notables are now in session. The government had manifestly discovered a disposition that the Tiers-Etat, or Commons, should have as many representatives in the States General, as the Nobility and Clergy together: but five Bureaux of the Notables have voted by very great majorities, that they should have only an equal number with each of the other orders singly. One bureau, by a majority of a single voice, had agreed to give the Commons the double number of representatives. This is the first symptom of a decided combination between the Nobility and Clergy, and will necessarily throw the people into the scale of the King. It is doubted, whether the States can be called so early as January, though the government, urged by the want of money, is for pressing the convocation. It is still more uncertain what the States will do when they meet: there are three objects which they may attain, probably without opposition from the court; 1. A periodical meeting of the States; 2. their exclusive right of taxation; 3. the right of en-registering laws and proposing amendments to them, as now exercised by the parliaments. This would lead, as it did in England, to the right of originating laws. The parliament would, by the last measure, be reduced to a mere judiciary body, and would probably oppose it. But against the King and nation their opposition could not succeed. If the States stop here, for the present moment, all will probably end well, and they may, in future sessions, obtain a suppression of lettres de cachet, a free press, a civil list, and other valuable mollifications of their government. But it is to be feared, that an impatience to rectify every thing at once, which prevails in some minds, may terrify the court, and lead them to appeal to force, and to depend on that alone.
Before this can reach you, you will probably have heard of an Arrêt, passed the 28th of September, for prohibiting the introduction of foreign whale-oils, without exception. The English had glutted the markets of this country with their oils: it was proposed to exclude them, and an Arrêt was drawn, with an exception for us: in the last stage of the Arrêt, the exception was struck out, without my having any warning, or even suspicion of this. I suspect this stroke came from the Count de la Luzerne, minister of marine; but I cannot affirm it positively. As soon as I was apprized of this, which was several days after it passed (because it was kept secret till published in their seaports), I wrote to the Count de Montmorin a letter, of which the enclosed is a copy, and had conferences on the subject, from time to time, with him and the other ministers. I found them prepossessed by the partial information of their Dunkirk fishermen; and therefore thought it necessary to give them a view of the whole subject in writing, which I did, in the piece, of which I enclose you a printed copy. I therein entered into more details, than the question between us seemed rigorously to require. I was led to them by other objects. The most important was to disgust Mr. Necker, as an economist, against their new fishery, by letting him foresee its expense. The particular manufactures suggested to them, were in consequence of repeated applications from the shippers of rice and tobacco: other details, which do not appear immediately pertinent, were occasioned by circumstances which had arisen in conversation, or an apparent necessity of giving information on the whole matter. At a conference, in the presence of M. Lambert, on the 16th (where I was ably aided by the Marquis de la Fayette, as I have been through the whole business), it was agreed to except us from the prohibition. But they will require rigorous assurance, that the oils coming under our name are really of our fishery. They fear we shall cover the introduction of the English oils from Halifax. The Arrêt for excepting us was communicated to me, but the formalities of proving the oils to be American were not yet inserted. I suppose they will require every vessel to bring a certificate from their Consul or Vice-Consul residing in the State from which it comes. More difficult proofs were sometimes talked of. I supposed I might surely affirm to them, that our government would do whatever it could to prevent this fraud, because it is as much our interest as theirs to keep the market for the French and American oils only. I am told Massachusetts has prohibited the introduction of foreign fish-oils into her ports. This law, if well executed, will be an effectual guard against fraud; and a similar one in the other States, interested in the fishery, would much encourage this government to continue her indulgence to us. Though the Arrêt, then, for the re-admission of our oils is not yet passed, I think I may assure you it will be so in a few days, and of course that this branch of commerce, after so threatening an appearance, will be on a better footing than ever, as enjoying, jointly with the French oil, a monopoly of their markets. The continuance of this will depend on the growth of their fishery. Whenever they become able to supply their own wants, it is very possible they may refuse to take our oils; but I do not believe it possible for them to raise their fishery to that, unless they can continue to draw off our fishermen from us. Their seventeen ships, this year, had one hundred and fifty of our sailors on board. I do not know what number the English have got into their service. You will readily perceive, that there are particulars in these printed observations, which it would not be proper to suffer to become public. They were printed, merely that a copy might be given to each minister, and care has been taken to let them go into no other hands.
I must now trouble Congress with a petition on my own behalf. When I left my own house in October, 1783, it was to attend Congress as a member, and in expectation of returning in five or six months. In the month of May following, however, I was desired to come to Europe, as member of a commission, which was to continue two years only. I came off immediately, without going home to make any other arrangements in my affairs, thinking they would not suffer greatly before I should return to them. Before the close of the two years, Doctor Franklin retiring from his charge here, Congress were pleased to name me to it; so that I have been led on by events to an absence of five years, instead of five months. In the mean time, matters of great moment to others as well as myself, and which can be arranged by nobody but myself, will await no longer. Another motive, of still more powerful co-agency on my mind, is the necessity of carrying my family back to their friends and country. I must, therefore, ask of Congress a leave of short absence. Allowing three months on the sea, going and coming, and two months at my own house, which will suffice for my affairs, I need not be from Paris but between five and six months. I do not foresee any thing which can suffer during my absence. The consular convention is finished, except as to the exchange of ratification, which will be the affair of a day only. The difference with Schweighaeuser and Dobree, relative to our arms, will be finished. That of Denmark, if ever finished, will probably be long spun out. The ransom of the Algerine captives is the only matter likely to be on hand. That cannot be set on foot till the money is raised in Holland, and an order received for its application: probably these will take place, so that I may set it into motion, before my departure; if not, I can still leave it on such a footing, as to be put into motion the moment the money can be paid. And even when the leave of Congress shall be received, I will not make use of it, if there is any thing of consequence which may suffer; but would, postpone my departure till circumstances will admit it. But should these be as I expect they will, it will be vastly desirable to me to receive the permission immediately, so that I may go out as soon as the vernal equinox is over, and be sure of my return in good time and season in the fall. Mr. Short, who had had thoughts of returning to America, will postpone that return till I come back. His talents and character allow me to say, with confidence, that nothing will suffer in his hands. The friendly dispositions of Monsieur de Montmorin would induce him readily to communicate with Mr. Short in his present character; but should any of his applications be necessary to be laid before the Council, they might suffer difficulty: nor could he attend the diplomatic societies, which are the most certain sources of good intelligence. Would Congress think it expedient to remove the difficulties, by naming him secretary of legation, so that he would act of course as chargé des affaires during my absence? It would be just, that the difference between the salary of a secretary and a secretary of legation should cease, as soon as he should cease to be charged with the affairs of the United States; that is to say, on my return: and he would expect that. So that this difference for five or six months would be an affair of about one hundred and seventy guineas only, which would be not more than equal to the additional expense that would be brought on him necessarily by the change of character. I mention these particulars, that Congress may see the end as well as beginning of the proposition, and have only to add, ‘their will be done.’ Leave for me being obtained, I will ask it, Sir, of your friendship, to avail yourself of various occasions to the ports of France and England to convey me immediate notice of it, and relieve me as soon as possible from the anxiety of expectation, and the uncertainty in which I shall be. We have been in daily expectation of hearing of the death of the King of England. Our latest news are of the 11th. He had then been despaired of for three or four days; but as my letter is to pass through England, you will have later accounts of him than that can give you. I send you the newspapers to this date, and have the honor to be, with the greatest esteem and respect, Sir, your most obedient, humble servant,
Th: Jefferson.
P. S. The last crop of corn in France has been so short, that they apprehend want. Mr. Necker desires me to make known this scarcity to our merchants, in hopes they would send supplies. I promised him I would. If it could be done without naming him, it would be agreeable to him, and probably advantageous to the adventurers. T. J.
[The annexed are the observations on the subject of admitting our whale-oil in the markets of France, referred to in the preceding letter.]
Whale-oil enters, as a raw material, into several branches of manufacture, as of wool, leather, soap: it is used also in painting, architecture, and navigation. But its great consumption is in lighting houses and cities. For this last purpose, however, it has a powerful competitor in the vegetable oils. These do well in warm, still weather, but they fix with cold, they extinguish easily with the wind, their crop is precarious, depending on the seasons, and to yield the same light, a larger wick must be used, and greater quantity of oil consumed. Estimating all these articles of difference together, those employed in lighting cities find their account in giving about twenty-five per cent, more for whale than for vegetable oils. But higher than this the whale-oil, in its present form, cannot rise; because it then becomes more advantageous to the city lighters to use others. This competition, then, limits its price, higher than which no encouragement can raise it; and it becomes, as it were, a law of its nature. But, at this low price, the whale-fishery is the poorest business into which a merchant or sailor can enter. If the sailor, instead of wages, has a part of what is taken, he finds that this, one year with another, yields him less than he could have got as wages in any other business. It is attended, too, with great risk, singular hardships, and long absence from his family, if the voyage is made solely at the expense of the merchant, he finds that, one year with another, it does not reimburse him his expense. As for example; an English ship of three hundred tons and forty-two hands brings home, communibus annis, after four months’ voyage, twenty-five tons of oil, worth four hundred and thirty-seven pounds ten shillings sterling. But the wages of the officers and seamen will be four hundred pounds; the outfit, then, and the merchants’ profit, must be paid by the government: and it is accordingly on this idea, that the British bounty is calculated. From the poverty of this business, then, it has happened, that the nations who have taken it up have successively abandoned it. The Basques began it: but though the most economical and enterprising of the inhabitants of France, they could not continue it; and it is said, they never employed more than thirty ships a year. The Dutch and Hanse towns succeeded them. The latter gave it up long ago. The English carried it on, in competition with the Dutch, during the last and beginning of the present century: but it was too little profitable for them, in comparison with other branches of commerce open to them.
In the mean time, the inhabitants of the barren island of Nantucket had taken up this fishery, invited to it by the whales presenting themselves on their own shore. To them, therefore, the English relinquished it, continuing to them, as British subjects, the importation of their oils into England, duty free, while foreigners were subject to a duty of eighteen pounds five shillings sterling a ton. The Dutch were enabled to continue it long, because, 1. They are so near the northern fishing grounds, that a vessel begins her fishing very soon after she is out of port. 2. They navigate with more economy than the other nations of Europe. 3. Their seamen are content with lower wages: and, 4. Their merchants, with a lower profit on their capital. Under all these favorable circumstances, however, this branch of business, after long languishing, is at length nearly extinct with them. It is said, they did not send above half a dozen ships in pursuit of the whale this present year. The Nantuckois, then, were the only people who exercised this fishery to any extent at the commencement of the late war. Their country, from its barrenness yielding no subsistence, they were obliged to seek it in the sea which surrounded them. Their economy was more rigorous than that of the Dutch. Their seamen, instead of wages, had a share in what was taken: this induced them to fish with fewer hands, so that each had a greater dividend in the profit; it made them more vigilant in seeking game, bolder in pursuing it, and parsimonious in all their expenses. London was their only market. When, therefore, by the late revolution, they became aliens in Great Britain, they became subject to the alien duty of eighteen pounds five shillings the ton of oil, which being more than equal to the price of the common whale-oil, they are obliged to abandon that fishery. So that this people, who, before the war, had employed upwards of three hundred vessels a year in the whale-fishery (while Great Britain had herself never employed one hundred), have now almost ceased to exercise it. But they still had the seamen, the most important material for this fishery; and they still retained the spirit for fishing: so that, at the re-establishment of peace, they were capable, in a very short time, of reviving their fishery in all its splendor. The British government saw that the moment was critical. They knew that their own share in that fishery was as nothing: that the great mass of fishermen was left with a nation now separated from them: that these fishermen, however, had lost their ancient market; had no other resource within their country to which they could turn and they hoped, therefore, they might, in the present moment of distress, be decoyed over to their establishments, and be added to the mass of their seamen. To effect this, they offered extravagant advantages to all persons who should exercise the whale-fishery from British establishments. But not counting with much confidence on a long connection with their remaining possessions on the continent of America, foreseeing that the Nantuckois would settle in them, preferably, if put on an equal footing with those of Great Britain, and that thus they might have to purchase them a second time, they confined their high offers to settlers in Great Britain. The Nantuckois, left without resource by the loss of their market, began to think of removing to the British dominions; some to Nova Scotia, preferring smaller advantages in the neighborhood of their ancient country and friends; others to Great Britain, postponing country and friends to high premiums. A vessel was already arrived from Halifax to Nantucket, to take off some of those who proposed to remove; two families had gone on board, and others were going, when a letter was received there, which had been written by Monsieur le Marquis de la Fayette, to a gentleman in Boston, and transmitted by him to Nantucket. The purport of the letter was to dissuade their accepting the British proposals, and to assure them that their friends in France would endeavor to do something for them. This instantly suspended their design: not another went on board, and the vessel returned to Halifax with only the two families.
In fact the French government had not been inattentive to the views of the British, nor insensible to the crisis. They saw the danger of permitting five or six thousand of the best seamen existing, to be transferred by a single stroke to the marine strength of their enemy, and to carry over with them an art which they possessed almost exclusively. The counterplan which they set on foot was to tempt the Nantuckois, by high offers, to come and settle in France. This was in the year 1785. The British, however, had in their favor, a sameness of language, religion, laws, habits, and kindred. Nine families only, of thirty-three persons in the whole, came to Dunkirk; so that this project was not likely to prevent their emigration to the English establishments, if nothing else had happened.
France had effectually aided in detaching the United States of America from the force of Great Britain: but as yet they seemed to have indulged only a silent wish to detach them from her commerce. They had done nothing to induce that event. In the same year, 1785, while M. de Calonne was in treaty with the Nantuckois, an estimate of the commerce of the United States was submitted to the Count de Vergennes, and it was shown, that, of three millions of pounds sterling, to which their exports amounted, one third might be brought to France, and exchanged against her productions and manufactures, advantageously for both nations; provided the obstacles of prohibition, monopoly, and duty, were either done away, or moderated as far as circumstances would admit. A committee, which had been appointed to investigate a particular one of these objects, was thereupon instructed to extend its researches to the whole, and see what advantages and facilities the government could offer, for the encouragement of a general commerce with the United States. The committee was composed of persons well skilled in commerce; and after laboring assiduously for several months, they made their report: the result of which was given in the letter of his Majesty’s Comptroller General, of the 22nd of October, 1786, wherein he stated the principles which should be established, for the future regulation of the commerce between France and the United States. It was become tolerably evident, at the date of this letter, that the terms offered to the Nantuckois would not produce their emigration to Dunkirk; and that it would be safest, in every event, to offer some other alternative, which might prevent their acceptance of the British offers. The obvious one was, to open the ports of France to their oils, so that they might still exercise their fishery, remaining in their native country, and find a new market for its produce, instead of that which they had lost. The article of whale-oil was, accordingly, distinguished in the letter of M. de Calonne, by an immediate abatement of duty, and promise of further abatement, after the year 1790. This letter was instantly sent to America, and bid fair to produce there the effect intended, by determining the fishermen to carry on their trade from their own homes, with the advantage only of a free market in France, rather than remove to Great Britain, where a free market and great bounty were offered them. An Arrêt was still to be prepared, to give legal sanction to the letter of M. de Calonne. Monsieur Lambert, with a patience and assiduity almost unexampled, went through all the investigations necessary to assure himself, that the conclusion of the committee had been just. Frequent conferences on this subject were held in his presence; the deputies of the chambers of commerce were heard, and the result was, the Arrêt of December the 29th, 1787, confirming the abatements of duty, present and future, which the letter of October, 1786, had promised, and reserving to his Majesty, to grant still further favors to that production, if, on further information, he should find it for the interest of the two nations.
The English had now begun to deluge the markets of France with their whale-oils; and they were enabled by the great premiums given by their government, to undersell the French fisherman, aided by feebler premiums, and the American, aided by his poverty alone. Nor is it certain, that these speculations were not made at the risk of the British government, to suppress the French and American fishermen in their only market. Some remedy seemed necessary. Perhaps it would not have been a bad one, to subject, by a general law, the merchandise of every nation and of every nature, to pay additional duties in the ports of France, exactly equal to the premiums and drawbacks given on the same merchandise by their own government. This might not only counteract the effect of premiums in the instance of whale-oils, but attack the whole British system of bounties and drawbacks, by the aid of which they make London the centre of commerce for the whole earth. A less general remedy, but an effectual one, was, to prohibit the oils of all European nations: the treaty with England requiring only, that she should be treated as well as the most favored European nation. But the remedy adopted was, to prohibit all oils, without exception.
To know how this remedy will operate, we must consider the quantity of whale-oil which France consumes annually, the quantity she obtains from her own fishery; and, if she obtains less than she consumes, we are to consider what will follow the prohibition.
The annual consumption of France, as stated by a person who has good opportunities of knowing it, is as follows.
lbs. pesant. quinteaux. tons.
Paris, according to the registers of 1786,.................................2,800,000 28,000 1750
Twenty-seven other cities, lighted by M. Sangrain,........................ 800,000 8,000 500
Rouen,..................................500,000 5,000 312 Bordeaux,...............................600,000 6,000 375 Lyons,..................................300,000 3,000 187 Other cities, leather and light,......3,000,000 30,000 1875 --------- ------ ---- 8,000,000 80,000 5,000
Other calculations, or say rather, conjectures, reduce the consumption to about half this. It is treating these conjectures with great respect, to place them on an equal footing with the estimate of the person before alluded to, and to suppose the truth half way between them. But we will do it, and call the present consumption of France only sixty thousand quintals, or three thousand seven hundred and fifty tons a year. This consumption is increasing fast, as the practice of lighting cities is becoming more general, and the superior advantages of lighting them with whale-oil are but now beginning to be known.
What do the fisheries of France furnish? She has employed, this year, fifteen vessels in the southern, and two in the northern fishery, carrying forty-five hundred tons in the whole, or two hundred and sixty-five each, on an average. The English ships, led by Nantuckois as well as the French, have never averaged in the southern fishery, more than one fifth of their burthen, in the best year. The fifteen ships of France, according to this ground of calculation, and supposing the present to have been one of the best years, should have brought, one with another, one fifth of two hundred and sixty-five tons, or fifty-three tons each. But we are told, they have brought near the double of that, to wit, one hundred tons each, and fifteen hundred tons in the whole. Supposing the two northern vessels to have brought home the cargo which is common from the northern fishery, to wit, twenty-five tons each, the whole produce this year will then be fifteen hundred and fifty tons. This is five and a half months’provision, or two fifths of the annual consumption. To furnish for the whole year, would require forty ships of the same size, in years as fortunate as the present, and eighty-five, communibus annis; forty-four tons, or one sixth of the burthen, being as high an average as should be counted on, one year with another: and the number must be increased, with the increasing consumption. France, then, is evidently not yet in a condition to supply her own wants. It is said, indeed, she has a large stock on hand, unsold, occasioned by the English competition. Thirty-three thousand quintals, including this year’s produce, are spoken of: this is between six and seven months’provision; and supposing by the time this is exhausted that the next year’s supply comes in, that will enable her to go on five or six months longer; say a twelvemonth in the whole. But, at the end of the twelvemonth, what is to be done? The manufacturers depending on this article, cannot maintain their competition against those of other countries, if deprived of their equal means. When the alternative, then, shall be presented, of letting them drop, or opening the ports to foreign whale-oil, it is presumable the latter will be adopted, as the lesser evil. But it will be too late for America. Her fishery, annihilated during the late war, only began to raise its head, on the prospect of a market held out by this country. Crushed by the Arrêt of September the 28th, in its first feeble effort to revive, it will rise no more. Expeditions, which require the expense of the outfit of vessels, and from nine to twelve months’ navigation, as the southern fishery does, most frequented by the Americans, cannot be undertaken in sole reliance on a market, which is opened and shut from one day to another, with little or no warning. The English alone, then, will remain to furnish these supplies, and they must be received, even from them. We must accept bread from our enemies, if our friends cannot furnish it. This comes exactly to the point, to which that government has been looking. She fears no rival in the whale-fishery, but America: or rather, it is the whale-fishery of America, of which she is endeavoring to possess herself. It is for this object, she is making the present extraordinary efforts, by bounties and other encouragements: and her success, so far, is very flattering. Before the war, she had not one hundred vessels in the whale-trade, while America employed three hundred and nine. In 1786, Great Britain employed one hundred and fifty-one vessels; in 1787, two hundred and eighty-six; in 1788, three hundred and fourteen, nearly the ancient American number: while the latter has fallen to about eighty. They have just changed places then; England having gained, exactly what America has lost. France, by her ports and markets, holds the balance between the two contending parties, and gives the victory, by opening and shutting them, to which she pleases. We have still precious remains of seamen, educated in this fishery, and capable by their poverty, their boldness, and address, of recovering it from the English, in spite of their bounties. But this Arret endangers the transferring to Great Britain every man of them, who is not invincibly attached to his native soil. There is no other nation in present condition to maintain a competition with Great Britain in the whale-fishery. The expense, at which it is supported on her part, seems enormous. Two hundred and fifty-five vessels, of seventy-five thousand four hundred and thirty-six tons, employed by her, this year, in the northern fishery, at forty-two men each; and fifty-nine in the southern, at eighteen men each, make eleven thousand seven hundred and seventy-two men. These are known to have cost the government fifteen pounds each, or one hundred and seventy-six thousand five hundred and eighty pounds, in the whole, and that, to employ the principal part of them from three to four months only. The northern ships have brought home twenty, and the southern sixty tons of oil, on an average; making eighty-six hundred and forty tons. Every ton of oil, then, has cost the government twenty pounds in bounty. Still, if they can beat, us out of the field, and have it to themselves, they will think their money well employed. If France undertakes, solely, the competition against them, she must do it at equal expense. The trade is too poor to support itself. The eighty-five ships, necessary to supply even her present consumption, bountied, as the English are, will require a sacrifice of twelve hundred and eighty-five thousand two hundred livres a year, to maintain three thousand five hundred and seventy seamen, and that, a part of the year only; and if she will put it to twelve thousand men, in competition with England, she must sacrifice, as they do, four or five millions a year. The same number of men might, with the same bounty, be kept in as constant employ, carrying stone from Bayonne to Cherburg, or coal from Newcastle to Havre, in which navigations they would be always at hand, and become as good seamen. The English consider among their best sailors, those employed to carry coal from Newcastle to London. France cannot expect to raise her fishery, even to the supply of her own consumption, in one year, or in several years. Is it not better, then, by keeping her ports open to the United States, to enable them to aid in maintaining the field against the common adversary, till she shall be in condition to take it herself, and to supply her own wants? Otherwise her supplies must aliment that very force, which is keeping her under. On our part, we can never be dangerous competitors to France. The extent to which we can exercise this fishery, is limited to that of the barren island of Nantucket, and a few similar barren spots; its duration, to the pleasure of this government, as we have no other market. A material observation must be added here: sudden vicissitudes of opening and shutting ports, do little injury to merchants settled on the opposite coast, watching for the opening, like the return of a tide, and ready to enter with it. But they ruin the adventurer, whose distance requires six months’ notice. Those who are now arriving from America, in consequence of the Arret of December the 29th, will consider it as the false light which has led them to their ruin. They will be apt to say, that they come to the ports of France by invitation of that Arrêt, that the subsequent one of September the 28th, which drives them from those ports, founds itself on a single principle, viz. ‘that the prohibition of foreign oils is the most useful encouragement which can be given to that branch of industry.’ They will say, that, if this be a true principle, it was as true on the 29th of December 1787, as on the 20th of September, 1788: it was then weighed against other motives, judged weaker and overruled, and it is hard it should be now revived, to ruin them.
The refinery for whale-oil, lately established at Rouen, seems to be an object worthy of national attention. In order to judge of its importance, the different qualities of whale-oil must be noted. Three qualities are known in the American and English markets. 1st. That of the spermaceti whale. 2nd. Of the Greenland whale. 3rd. Of the Brazil whale. 1. The spermaceti whale found by the Nantuckois, in the neighborhood of the Western Islands, to which they had gone in pursuit of other whales, retired thence to the coast of Guinea, afterwards to that of Brazil, and begins now to be best found in the latitude of the Cape of Good Hope, and even of Cape Horn. He is an active, fierce animal, and requires vast address and boldness in the fisherman. The inhabitants of Brazil make little expeditions from their coast, and take some of these fish. But the Americans are the only distant people, who have been in the habit of seeking and attacking him, in numbers. The British, however, led by the Nantuckois, whom they have decoyed into their service, have begun this fishery. In 1785, they had eighteen ships in it; in 1787, thirty-eight; in 1788, fifty-four, or, as some say, sixty-four. I have calculated on the middle number, fifty-nine. Still they take but a very small proportion of their own demand; we furnish the rest. Theirs is the only market to which we carry that oil, because it is the only one where its properties are known. It is luminous, resists coagulation by cold, to the forty-first degree of Fahrenheit’s thermometer, and fourth of Reaumur’s, and yields no smell at all: it is used, therefore, within doors, to lighten shops, and even in the richest houses, for antichambers, stairs, galleries, &c. It sells at the London market for treble the price of common whale-oil. This enables the adventurer to pay the duty of eighteen pounds five shillings sterling the ton, and still to have a living profit. Besides the mass of oil produced from the whole body of the whale, his head yields three or four barrels of what is called head-matter, from which is made the solid spermaceti, used for medicine and candles. This sells by the pound at double the price of the oil. The disadvantage of this fishery is, that the sailors are from nine to twelve months absent on the voyage; of course, they are not at hand on any sudden emergency, and are even liable to be taken, before they know that war is begun. It must be added, on the subject of this whale, that he is rare and shy, soon abandoning the grounds where he is hunted. This fishery, less losing than the other, and often profitable, will occasion it to be so thronged, soon, as to bring it on a level with the other. It will then require the same expensive support, or to be abandoned.
2. The Greenland whale-oil is next in quality. It resists coagulation by cold, to thirty-six degrees of Fahrenheit, and two of Reaumur, but it has a smell insupportable within doors, and is not luminous. It sells, therefore, in London, at about sixteen pounds the ton. This whale is clumsy and timid; he dives when struck, and comes up to breathe by the first cake of ice, where the fishermen need little address or courage to find and take him. This is the fishery mostly frequented by European nations; it is this fish which yields the fin in quantity, and the voyages last about three or four months.
The third quality is that of the small Brazil whale. He was originally found on the coast of Nantucket, and first led that people to this pursuit: he retired, first to the Banks of Newfoundland, then to the Western Islands, and is now found within soundings on the coast of Brazil, during the months of December, January, February, and March. His oil chills at fifty-two degrees of Fahrenheit, and eight of Reaumur, is black and offensive; worth, therefore, but thirteen pounds the ton, in London. In warm summer nights, however, it burns better than the Greenland oil.
To the qualities of the oils thus described, it is to be added, that an individual has discovered methods, 1. of converting a great part of the oils of the spermaceti-whale, into the solid substance called spermaceti, heretofore produced from his head alone; 2. of refining the Greenland whale-oil, so as to take from it all smell, and render it limpid and luminous as that of the spermaceti-whale; 3. of curdling the oil of the Brazil whale into tallow, resembling that of beef, and answering all its purposes. This person is engaged by the company, which has established the refinery at Rouen: their works will cost them half a million of livres; will be able to refine all the oil which can be used in the kingdom, and even to supply foreign markets. The effects of the refinery, then, would be, 1. to supplant the solid spermaceti of all other nations, by theirs, of equal quality and lower price; 2. to substitute, instead of spermaceti-oil, their black whale-oil refined, of equal quality and lower price; 3. to render the worthless oil of the Brazil, equal in value to tallow; and 4. by accommodating these oils to uses, to which they could never otherwise have been applied, they will extend the demand beyond its present narrow limits, to any supply which can be furnished, and thus give the most effectual encouragement and extension to the whale-fishery. But these works were calculated on the Arrêt of December the 29th, which admitted here, freely and fully, the produce of the American fishery. If confined to that of the French fishery alone, the enterprise may fail, for want of matter to work on.
After this review of the whale-fishery as a political institution, a few considerations shall be added on its produce, as a basis of commercial exchange between France and the United States. The discussions it has undergone, on former occasions, in this point of view, leaves little new to be now urged.
The United States, not possessing mines of the precious metals, can purchase necessaries from other nations, so far only as their produce is received in exchange. Without enumerating our smaller articles, we have three of principal importance, proper for the French market; to wit, tobacco, whale-oil, and rice. The first and most important, is tobacco. This might furnish an exchange for eight millions of the productions of this country; but it is under a monopoly, and that not of a mercantile, but of a financiering company, whose interest is, to pay in money and not in merchandise, and who are so much governed by the spirit of simplifying their purchases and proceedings, that they find means to elude every endeavor on the part of government, to make them diffuse their purchases among the merchants in general. Little profit is derived from this, then, as an article of exchange for the produce and manufactures of France. Whale-oil might be next in importance; but that is now prohibited. American rice is not yet of great, but it is of growing consumption in France, and being the only article of the three which is free, it may become a principal basis of exchange. Time and trial may add a fourth, that is, timber. But some essays, rendered unsuccessful by unfortunate circumstances, place that, at present, under a discredit, which it will be found hereafter not to have merited. The English know its value, and were supplied with it, before the war. A spirit of hostility, since that event, led them to seek Russian rather than American supplies; a new spirit of hostility has driven them back from Russia, and they are now making contracts for American timber. But of the three articles before mentioned, proved by experience to be suitable for the French market, one is prohibited, one under monopoly, and one alone free, and that the smallest and of very limited consumption. The way to encourage purchasers, is, to multiply their means of payment. Whale-oil might be an important one. In one scale, are the interests of the millions who are lighted, shod, or clothed with the help of it, and the thousands of laborers and manufacturers, who would be employed in producing the articles which might be given in exchange for it, if received from America: in the other scale, are the interests of the adventurers in the whale-fishery each of whom, indeed, politically considered, may be of more importance to the State, than a simple laborer or manufacturer; but to make the estimate with the accuracy it merits, we should multiply the numbers in each scale into their individual importance, and see which preponderates.
Both governments have seen with concern, that their commercial intercourse does not grow as rapidly as they would wish. The system of the United States is, to use neither prohibitions nor premiums. Commerce, there, regulates itself freely, and asks nothing better. Where a government finds itself under the necessity of undertaking that regulation, it would seem, that it should conduct it as an intelligent merchant would; that is to say, invite customers to purchase, by facilitating their means of payment, and by adapting goods to their taste. If this idea be just, government here has two operations to attend to, with respect to the commerce of the United States; 1. to do away, or to moderate, as much as possible, the prohibitions and monopolies of their materials for payment; 2. to encourage the institution of the principal manufactures, which the necessities, or the habits of their new customers call for. Under this latter head, a hint shall be suggested, which must find its apology in the motive from which it flows; that is, a desire of promoting mutual interests and close friendship. Six hundred thousand of the laboring poor of America, comprehending slaves under that denomination, are clothed in three of the simplest manufactures possible; to wit, oznaburgs, plains, and duffel blankets. The first is a linen; the two last, woollens. It happens, too, that they are used exactly by those who cultivate the tobacco and rice, and in a good degree by those employed in the whale-fishery. To these manufactures they are so habituated, that no substitute will be received. If the vessels which bring tobacco, rice, and whale-oil, do not find them in the ports of delivery, they must be sought where they can be found; that is, in England, at present. If they were made in France, they would be gladly taken in exchange there. The quantities annually used by this description of people, and their value, are as follows:
Oznaburgs 2,700,000 aunes, at sixteen sous the aune, worth 2,160,000
Plains 1,350,000 aunes, at two livres the aune, 2,700,000
Duffel Blankets 300,000 aunes, at seven and 4/5ths livres each 2,160,000 ---------- 7,020,000
It would be difficult to say, how much should be added, for the consumption of inhabitants of other descriptions; a great deal surely. But the present view shall be confined to the one description named. Seven millions of livres, are nine millions of days’ work, of those who raise, spin, and weave the wool and flax; and, at three hundred working days to the year, would maintain thirty thousand people. To introduce these simple manufactures, suppose government to give five per cent, on the value of what should be exported of them, for ten years to come: if none should be exported, nothing would be to be paid: but on the other hand, if the manufactures, with this encouragement, should rise to the full demand, it will be a sacrifice of three hundred and fifty-one thousand livres a year, for ten years only, to produce a perpetual subsistence for more than thirty thousand people (for the demand will grow with our population); while she must expend perpetually one million two hundred and eighty-five thousand livres a year, to maintain the three thousand five hundred and seventy seamen, who would supply her with whale-oil. That is to say, for each seaman, as much as for thirty laborers and manufacturers.
But to return to our subject, and to conclude.
Whether, then, we consider the Arrêt of September the 28th, in a political or a commercial light, it would seem, that the United States should be excepted from its operation. Still more so, when they invoke against it the amity subsisting between the two nations, the desire of binding them together by every possible interest and connection, the several acts in favor of this exception, the dignity of legislation, which admits not of changes backwards and forwards, the interests of commerce, which requires steady regulations, the assurances of the friendly motives which have led the King to pass these acts, and the hope, that no cause will arise, to change either his motives or his measures towards us.
CLXXI. TO JOHN JAY, November 29, 1788
TO JOHN JAY.
Paris, November 29, 1788.
Sir,
In the hurry of making up my letter of the 19th instant, I omitted the enclosed printed paper, on the subject of whale-oil. That omission is now supplied by another conveyance, by the way of London. The explanatory Arrêt is not yet come out. I still take for granted, it will pass, though there be an opposition to it in the Council. In the mean time, orders are given to receive our oils which may arrive. The apprehension of a want of corn has induced them to turn their eyes to foreign supplies; and to show their preference of receiving them from us, they have passed the enclosed Arrêt, giving a premium on wheat and flour from the United States, for a limited time. This, you will doubtless think proper to have translated and published. The Notables are still in session: the votes of the separate bureaux have not yet been reduced to a joint act, in an assembly of the whole. I see no reason to suppose they will change the separate votes relative to the representation of the Tiers Etat in the States General. In the mean time, the stream of public indignation, heretofore directed against the court, sets strongly against the Notables. It is not yet decided when the States will meet: but certainly they cannot, till February or March. The Turks have retired across the Danube. This movement indicates their going into winter-quarters, and the severity of the weather must hasten it. The thermometer was yesterday at eight degrees of Fahrenheit, that is, twenty-four degrees below freezing; a degree of cold equal to that of the year 1740, which they count here among their coldest winters. This having continued many days, and being still likely to continue, and the wind from northeast, render it probable, that all enterprise must be suspended between the three great belligerent powers. Poland is likely to be thrown into great convulsions. The Empress of Russia has peremptorily demanded such aids from Poland, as might engage it in the war. The King of Prussia, on the other hand, threatens to march an army on their borders. The vote of the Polish confederacy for one hundred thousand men, was a coalition of the two parties, in that single act only. The party opposed to the King, have obtained a majority, and have voted that this army shall be independent of him. They are supported by Prussia, while the King depends on Russia. Authentic information from England leaves not a doubt, that the King is lunatic; and that, instead of the effect, is the cause of the illness, under which he has been so near dying. I mention this, because the English newspapers, speaking by guess on that as they do on all other subjects, might mislead you as to his true situation; or rather, might mislead others, who know less than you do, that a thing is not rendered the more probable, by being mentioned in those papers.
I enclose those of Leyden to the present date, with the gazettes of France, and have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, humble servant,
Th: Jefferson
LETTER, CLXXII.--TO GENERAL WASHINGTON, December 4, 1788
TO GENERAL WASHINGTON.
Paris, December 4, 1788.
Sir,
Your favor of August the 31st came to hand yesterday; and a confidential conveyance offering, by the way of London, I avail myself of it, to acknowledge the receipt.
I have seen, with infinite pleasure, our new constitution accepted by eleven States, not rejected by the twelfth; and that the thirteenth happens to be a state of the least importance. It is true, that the minorities in most of the accepting States have been very respectable; so much so, as to render it prudent, were it not otherwise reasonable, to make some sacrifice to them. I am in hopes, that the annexation of a bill of rights to the constitution will alone draw over so great a proportion of the minorities, as to leave little danger in the opposition of the residue; and that this annexation may be made by Congress and the Assemblies, without calling a convention, which might endanger the most valuable parts of the system. Calculation has convinced me, that circumstances may arise, and probably will arise, wherein all the resources of taxation will be necessary for the safety of the State. For though I am decidedly of opinion, we should take no part in European quarrels, but cultivate peace and commerce with all, yet who can avoid seeing the source of war in the tyranny of those nations, who deprive us of the natural right of trading with our neighbors? The produce of the United States will soon exceed the European demand: what is to be done with the surplus, when there shall be one? It will be employed, without question, to open, by force, a market for itself, with those placed on the same continent with us, and who wish nothing better. Other causes, too, are obvious, which may involve us in war; and war requires every resource of taxation and credit. The power of making war often prevents it, and in our case, would give efficacy to our desire of peace. If the new government wears the front which I hope it will, I see no impossibility in the availing ourselves of the wars of others, to open the other parts of America to our commerce, as the price of our neutrality.
The campaign between the Turks and two Empires has been clearly in favor of the former. The Emperor is secretly trying to bring about a peace. The alliance between England, Prussia, and Holland, (and some suspect Sweden also) renders their mediation decisive, wherever it is proposed. They seemed to interpose it so magisterially between Denmark and Sweden, that the former submitted to its dictates, and there was all reason to believe, that the war in the northwestern parts of Europe would be, quieted. All of a sudden, a new flame bursts out in Poland. The King and his party are devoted to Russia. The opposition rely on the protection of Prussia. They have lately become the majority in the confederated diet, and have passed a vote for subjecting their army to a commission independent of the King, and propose a perpetual diet, in which case he will be a perpetual cipher. Russia declares against such a change in their constitution, and Prussia has put an army into readiness, for marching, at a moment’s warning, on the frontier of Poland. These events are too recent, to see, as yet, what turn they will take, or what effect they will have on the peace of Europe. So is that also, of the lunacy of the King of England, which is a decided fact, notwithstanding all the stuff the English papers publish, about his fevers, his deliriums, &c. The truth is, that the lunacy declared itself almost at once, and with as few concomitant complaints, as usually attend the first developement of that disorder. I suppose a regency will be established, and if it consists of a plurality of members, it will, probably, be peaceable. In this event, it will much favor the present wishes of this country, which are so decidedly for peace, that they refused to enter into the mediation between Sweden and Russia, lest it should commit them. As soon as the convocation of the States General was announced, a tranquillity took place through the whole kingdom: happily, no open rupture had taken place, in any part of it. The parliament were re-instated in their functions, at the same time. This was all they desired; and they had called for the States General, only through fear that the crown could not otherwise be forced to re-instate them. Their end obtained, they began to foresee danger to themselves, in the States General. They began to lay the foundation for caviling at the legality of that body, if its measures should be hostile to them. The court, to clear itself of the dispute, convened the Notables, who had acted with general approbation on the former occasion, and referred to them the forms of calling and organizing the States General. These Notables consist principally of Nobility and Clergy; the few of the Tiers Etat among them, being either parliament men, or other privileged persons. The court wished, that, in the future States General, the members of the Tiers Etat should equal those of both the other orders, and that they should form but one House, all together, and vote by persons, not by orders. But the Notables, in the true spirit of Priests and Nobles, combining together against the people, have voted, by five bureaux out of six, that the people, or Tiers Etat, shall have no greater number of deputies, than each of the other orders separately, and that they shall vote by orders: so that two orders concurring in a vote, the third will be overruled; for it is not here as in England, where each of the three branches has a negative on the other two. If this project of theirs succeeds, a combination between the two Houses of Clergy and Nobles will render the representation of the Tiers Etat merely nugatory. The bureaux are to assemble together, to consolidate their separate votes: but I see no reasonable hope of their changing this. Perhaps the King, knowing that he may count on the support of the nation, and attach it more closely to him, may take on himself to disregard the opinion of the Notables in this instance, and may call an equal representation of the people, in which precedents will support him. In every event, I think the present disquiet will end well. The nation has been awaked by our Revolution; they feel their strength, they are enlightened, their lights are spreading, and they will not retrograde. The first States General may establish three important points, without opposition from the court; 1. their own periodical convocation; 2. their exclusive right of taxation (which has been confessed by the King); 3. the right of registering laws, and of previously proposing amendments to them, as the parliaments have, by usurpation, been in the habit of doing. The court will consent to this, from its hatred to the parliaments, and from the desire of having to do with one, rather than many legislatures. If the States are prudent, they will not aim at more than this at first, lest they should shock the dispositions of the court, and even alarm the public mind, which must be left to open itself, by degrees, to successive improvements. These will follow, from the nature of things: how far they can proceed, in the end, towards a thorough reformation of abuse, cannot be foreseen. In my opinion, a kind of influence, which none of their plans of reform take into account, will elude them all; I mean the influence of women in the government. The manners of the nation allow them to visit, alone, all persons in office, to solicit the affairs of the husband, family, or friends, and their solicitations bid defiance to laws and regulations. This obstacle may seem less to those, who, like our countrymen, are in the precious habit of considering right, as a barrier against all solicitation. Nor can such an one, without the evidence of his own eyes, believe in the desperate state to which things are reduced in this country, from the omnipotence of an influence, which, fortunately for the happiness of the sex itself, does not endeavor to extend itself, in our country, beyond the domestic line.
Your communications to the Count de Moustier, whatever they may have been, cannot have done injury to my endeavors here, to open the West Indies to us. On this head, the ministers are invincibly mute, though I have often tried to draw them into the subject. I have therefore found it necessary to let it lie, till war, or other circumstances, may force it on. Whenever they are in war with England, they must open the islands to us, and perhaps, during that war, they may see some price which might make them agree to keep them always open. In the mean time, I have laid my shoulder to the opening the markets of this country to our produce, and rendering its transportation a nursery for our seamen. A maritime force is the only one, by which we can act on Europe. Our navigation law (if it be wise to have any) should be the reverse of that of England. Instead of confining importations to home-bottoms, or those of the producing nation, I think we should confine exportations to home-bottoms, or to those of nations having treaties with us. Our exportations are heavy, and would nourish a great force of our own, or be a tempting price to the nation to whom we should offer a participation of it, in exchange for free access to all their possessions. This is an object to which our government alone is adequate, in the gross; but I have ventured to pursue it here, so far as the consumption of our productions by this country extends. Thus, in our arrangements relative to tobacco, none can be received here, but in French or American bottoms. This is employment for near two thousand seamen, and puts nearly that number of British out of employ. By the Arrêt of December, 1787, it was provided, that our whale-oils should not be received here, but in French or American bottoms; and by later regulations, all oils, but those of France and America, are excluded. This will put one hundred English whale vessels immediately out of employ, and one hundred and fifty ere long; and call so many of French and American into service. We have had six thousand seamen formerly in this business, the whole of whom we have been likely to lose. The consumption of rice is growing fast in this country, and that of Carolina gaining ground on every other kind. I am of opinion, the whole of the Carolina rice can be consumed here. Its transportation employs two thousand five hundred sailors, almost all of them English at present; the rice being deposited at Cowes, and brought from thence here. It would be dangerous to confine this transportation to French and American bottoms, the ensuing year, because they will be much engrossed by the transportation of wheat and flour hither, and the crop of rice might lie on hand for want of vessels; but I see no objections to the extension of our principle to this article also, beginning with the year 1790. However, before there is a necessity of deciding on this, I hope to be able to consult our new government in person, as I have asked of Congress a leave of absence for six months, that is to say, from April to November next. It is necessary for me to pay a short visit to my native country, first, to reconduct my family thither, and place them in the hands of their friends, and secondly, to place my private affairs under certain arrangements. When I left my own house, I expected to be absent but five months, and I have been led by events to an absence of five years. I shall hope, therefore, for the pleasure of personal conferences with your Excellency, on the subject of this letter, and others interesting to our country; of getting my own ideas set to rights by a communication of yours, and of taking again the tone of sentiment of my own country, which we lose in some degree, after a certain absence. You know, doubtless, of the death of the Marquis de Chastellux. The Marquis de la Fayette is out of favor with the court, but high in favor with the nation. I once feared for his personal liberty, but I hope he is on safe ground at present.
On the subject of the whale-fishery, I enclose you some observations I drew up for the ministry here, in order to obtain a correction of their Arrêt of September last, whereby they had involved our oils with the English, in a general exclusion from their ports. They will accordingly correct this, so that our oils will participate with theirs, in the monopoly of their markets. There are several things incidentally introduced, which do not seem pertinent to the general question: they were rendered necessary by particular circumstances, the explanation of which would add to a letter already too long. I will trespass no further, than to assure you of the sentiments of sincere attachment and respect, with which I have the honor to be your Excellency’s most obedient, humble servant,
Th: Jefferson.
P. S. The observations enclosed, though printed, have been put into confidential hands only. T. J.
CLXXIII. TO JOHN ADAMS, December 5, 1788
TO JOHN ADAMS.
Paris, December 5, 1788.
Dear Sir,
I had the pleasure of writing to you on the 2nd of August, and of adding a Postscript of August the 6th.
You recollect well the Arrêt of December the 29th, 1787, in favor of our commerce, and which, among other things, gave free admission to our whale-oil, under a duty of about two louis a ton. In consequence of the English treaty, their oils flowed in, and over-stocked the market. The light duty they were liable to under the treaty, still lessened by false estimates and aided by the high premiums of the British government, enabled them to undersell the French and American oils. This produced an outcry of the Dunkirk fishery. It was proposed to exclude all European oils, which would not infringe the British treaty. I could not but encourage this idea, because it would give to the French and American fisheries a monopoly of the French market. The Arrêt was so drawn up; but, in the very moment of passing it, they struck out the word European, so that our oils became involved. This, I believe, was the effect of a single person in the ministry. As soon as it was known to me, I wrote to Monsieur de Montmorin, and had conferences with him and the other ministers. I found it necessary to give them information on the subject of the whale-fishery, of which they knew little but from the partial information of their Dunkirk adventurers. I therefore wrote the observations (of which I enclose you a printed copy), had them printed to entice them to read them, and particularly developed the expense at which they are carrying on that fishery, and at which they must continue it, if they do continue it. This part was more particularly intended for Mr. Necker, who was quite a stranger to the subject, who has principles of economy, and will enter into calculations. Other subjects are incidentally introduced; though little connected with the main question, they had been called for by other circumstances. An immediate order was given for the present admission of our oils, till they could form an Arrêt; and, at a conference, the draught of an Arrêt was communicated to me, which re-established that of December the 29th. They expressed fears, that, under cover of our name, the Nova Scotia oils would be introduced; and a blank was left in the draught for the means of preventing that. They have since proposed, that the certificate of their consul shall accompany the oils, to authorize their admission, and this is what they will probably adopt. It was observed, that if our States would prohibit all foreign oils from being imported into them, it would be a great safeguard, and an encouragement to them to continue the admission. Still there remains an expression in the Arrêt, that it is provisory only. However, we must be contented with it as it is; my hope being, that the legislature will be transferred to the National Assembly, in whose hands it will be more stable, and with whom it will be more difficult to obtain a repeal, should the ministry hereafter desire it. If they could succeed in drawing over as many of our Nantucket men as would supply their demands of oil, we might then fear an exclusion; but the present Arrêt, as soon as it shall be passed, will, I hope, place us in safety till that event, and that event may never happen. I have entered into all these details, that you may be enabled to quiet the alarm which must have been raised by the Arrêt of September the 28th, and assure the adventurers that they may pursue their enterprises as safely as if that had never been passed, and more profitably, because we participate now of a monopolized, instead of an open market. The enclosed observations, though printed, have only been given to the ministers, and one or two other confidential persons. You will see that they contain matter which should be kept from the English, and will therefore trust them to the perusal only of such persons as you can confide in. We are greatly indebted to the Marquis de la Fayette for his aid on this, as on every other occasion. He has paid the closest attention to it, and combated for us with the zeal of a native.
The necessity of reconducting my family to America, and of placing my affairs there under permanent arrangements, has obliged me to ask of Congress a six months’ absence, to wit, from April to November next. I hope, therefore, to have the pleasure of seeing you there, and particularly, that it will be at New York that I shall find you. Be so good as to present my sincere esteem to Mrs. Adams, and believe me to be, with very affectionate attachment, Dear Sir, your friend and servant,
Th: Jefferson.
CLXXIV. TO MR. SHORT, December 8, 1788
TO MR. SHORT.
Paris, December 8, 1788.
Dear Sir,
My last to you was of the 21st of November, addressed to Milan, poste restante, according to the desire expressed through Mrs. Paradise. I have lately received yours of the 19th of November, and sincerely felicitate you on your recovery. I wish you may have suffered this to be sufficiently established before you set out on your journey. The present letter will probably reach you amidst the classical enjoyments of Rome. I feel myself kindle at the reflection, to make that journey; but circumstances will oblige me to postpone it at least. We are here under a most extraordinary degree of cold. The thermometer has been ten degrees of Reaumur below freezing: this is eight degrees of Fahrenheit above zero, and was the degree of cold here in the year 1740. The long continuance of this severity, and the snow now on the ground, give physical prognostications of a hard winter. You will be in a privileged climate, and will have had an enviable escape from this. The Notables are not yet separated, nor is their treasonable vote against the people yet consolidated; but it will be. The parliament have taken up the subject, and passed a very laudable vote in opposition. They have made it the occasion of giving sketches of what should be a bill of rights. Perhaps this opposition of authority may give the court an option between the two. Stocks are rising slowly, but steadily. The loan of 1784 is at thirteen loss; the caisse d’escompte, four thousand and seventy-five. The Count de Bryenne has retired, and M. de Puysegur succeeded to his place. Madame de Chambonois (sister of M. de Langear) is dead of the small-pox. Pio is likely to receive a good appointment in his own country, which will take him from us. Corn is likely to become extremely scarce in France, Spain, and England. This country has offered a premium of forty sous the quintal on flour of the United States, and thirty sous the quintal on our wheat, to be brought here between February and June.
General Washington writes me, that industry and economy begin to take place of that idleness and extravagance which had succeeded the close of the war. The Potomac canal is in great forwardness. J. M. writes me word, that Mr. Jay and General Knox are talked of in the Middle States for Vice-Presidents, but he queries whether both will not prefer their present births. It seems agreed, that some emendations will be made to the new constitution. All are willing to add a bill of rights; but they fear the power of internal taxation will be abridged. The friends of the new government will oppose the method of amendment by a federal convention, which would subject the whole instrument to change, and they will support the other method, which admits Congress, by a vote of two thirds, to submit specific changes to the Assemblies, three fourths of whom must concur to establish them.
The enclosed letter is from Pallegrino, one of the Italian laborers established in our neighborhood. I fancy it contains one for his father. I have supposed it would not be unpleasant to you to have the delivery of it, as it may give you a good opportunity of conferring with one of that class as much as you please. I obey at the same time my own wishes to oblige the writer. Mazzei is at this time ill, but not in danger. I am impatient to receive further letters from you, which may assure me of the solidity of your recovery, being, with great anxiety for your health and happiness, Dear Sir, your affectionate friend and servant,
Th: Jefferson.
[The annexed is here inserted in the Author’s MS. To whom addressed, does not appear.]
The Minister Plenipotentiary for the United States of America finds himself under the necessity of declining to authenticate writings destined to be sent to the United States, for this main reason, that such authentication is not legal evidence there. After a reason so sufficient, it seems superfluous to add, that, were his authentication admissible in the courts of the United States, he could never give it to any seal or signature, which had not been put in his presence; that he could never certify a copy, unless both that and the original were in a hand-writing legible to him, and had been compared together by him, word by word: that so numerous are the writings presented, that their authentication alone would occupy the greater part of his time, and, withdrawing him from his proper duties, would change the nature of his office to that of a notary. He observes to those who do him the honor of addressing themselves to him on this subject, that the laws for the authentication of foreign writings are not the same through all the United States, some requiring an authentication under the seal of the Prevoté of a city, and others admitting that of a Notary: but that writings authenticated in both these manners, will, under the one or the other, be admitted in most, if not all of the United States. It would seem advisable, then, to furnish them with this double authentication.
CLXXV. TO DOCTOR GILMER, December 16, 1788
TO DOCTOR GILMER.
Paife, December 16, 1788.
Dear Doctor,
Your last letter of December the 23rd was unlucky, like the former one, in arriving while I was absent on a call of public business in Holland. I was discouraged from answering the law part of it on my return, because I foresaw such a length of time between the date of that and receipt of the answer, as would give it the air of a prescription after the death of the patient. I hope the whole affair is settled, and that you are established in good titles to all the lands. Still, however, being on the subject, I cannot help adding a word, in answer to the objection which you say is raised on the words ‘the estate,’ instead of ‘my estate.’ It has long been confessed in the courts, that the first decision, that a devise of lands to a person without words of inheritance, should carry an estate for life only, was an absurd decision, founded on feudal principles, after feudal ideas had long been lost by the unlettered writers of their own wills: and it has often been said, that were the matter to begin again, it should be decided that such a devise should carry a fee simple, as every body is sensible testators intend, by these expressions. The courts, therefore, circumscribe the authority of this chain of decisions, all hanging on the first link, as much as possible; and they avail themselves of every possible circumstance which may render any new case unlike the old one, and authorize them to conform their judgments to common sense, and the will of the testator. Hence they decide, that in a devise of ‘my estate at M.’ to such a one, without words of inheritance, the word estate is descriptive of the duration of the interest bequeathed, as well as its locality. From the same desire of getting back into the paths of common sense, they would not suffer the particle ‘the’ instead of ‘my’, to make a difference. ‘My estate at M.’ means not only my lands at M., but my fee simple in them. ‘The estate at M.’ means not only ‘the lands the testator holds at M., but the fee simple he has in them.’ Another objection will be made, perhaps, viz. that the testator devises in the same clause his estate called Marrow-bone, his tract called Horse-pasture, and his tract called Poison-field; that it is probable he intended to give the same interest in all; and as it is confessed that the word tract conveys but an estate for life, we must conclude that the word estate was meant to convey the same. I should reverse the argument, and say, as it confessed the word estate, conveys an estate in fee simple, we must conclude the word tract was meant to convey the same; that this conclusion coincides with the wishes of the courts, as bringing them back to what is right and consentaneous to the intention of the testator, as furnishing them a circumstance to distinguish the case from the original one, and withdraw it from its authority; whereas, the contrary conclusion tends to lead them further from the meaning of testators, and to fix them in error.
But I perceive that my wishes to see the weight of no objection where you are interested, are leading me to write an argument, where I had promised I would say only a word. I will, therefore, talk the subject over with you at Monticello, or Pen-park. I have asked of Congress a leave of five or six months’ absence next year, that I may carry my daughters home, and assist in the arrangement of my affairs. I shall pass two of the months at Monticello, that is to say, either June and July, or July and August, according to the time I may sail, which I hope will be in April: and then go on to New York and Boston, from whence I shall embark again for Europe, so as to get here before the winter sets in. I look forward with great fondness to the moment, when I can again see my own country and my own neighbors, and endeavor to anticipate as little as possible the pain of another separation from them. I hope I shall find you all under the peaceable establishment of the new constitution, which, as far as I can judge from public papers, seems to have become necessary for the happiness of our country. I thank you for your kind inquiries about my wrist. I followed advice with it, till I saw, visibly, that the joint had never been replaced, and that it was absurd to expect that cataplasms and waters would reduce dislocated bones. From that moment I have done nothing. I have for ever lost the use of my hand, except that I can write: and a withered hand and swelled and crooked fingers, still remaining twenty-seven months after the accident, make me fear I do not yet know the worst of it. But this, too, we will talk over at Monticello, and endeavor that it be the only pain to which our attention may be recalled. Adieu, my dear friend. Kiss and bless every body for me, Mrs. Gilmer especially. Assure her and yourself of the sincere and constant attachment of, Dear Doctor, your affectionate friend and servant,
Th: Jefferson.
CLXXVI. TO THOMAS PAINE, December 23,1788
TO THOMAS PAINE.
Paris, December 23,1788.
Dear Sir,
It is true that I received very long ago your favors of September the 9th and 15th, and that I have been in daily intention of answering them, fully and confidentially; but you know such a correspondence between you and me cannot pass through the post, nor even by the couriers of ambassadors. The French packet-boats being discontinued, I am now obliged to watch opportunities by Americans going to London, to write my letters to America. Hence it has happened, that these, the sole opportunities by which I can write to you without fear, have been lost, by the multitude of American letters I had to write. I now determine, without foreseeing any such conveyance, to begin my letter to you, so that when a conveyance occurs, I shall only have to add recent occurrences. Notwithstanding the interval of my answer which has taken place, I must beg a continuance of your correspondence; because I have great confidence in your communications, and since Mr. Adams’s departure, I am in need of authentic information from that country.
I will begin with the subject of your bridge, in which I feel myself interested; and it is with great pleasure that I learn, by your favor of the 16th, that the execution of the arch of experiment exceeds your expectations. In your former letter you mention, that, instead of arranging your tubes and bolts as ordinates to the cord of the arch, you had reverted to your first idea, of arranging them in the direction of radii. I am sure it will gain both in beauty and strength. It is true that the divergence of these radii recurs as a difficulty, in getting the rails on upon the bolts; but I thought this fully removed by the answer you first gave me, when I suggested that difficulty, to wit, that you should place the rails first, and drive the bolts through them, and not, as I had imagined, place the bolts first, and put the rails on them. I must doubt whether what you now suggest will be as good as your first idea; to wit, to have every rail split into two pieces longitudinally, so that there shall be but the halves of the holes in each, and then to clamp the two halves together. The solidity of this method cannot be equal to that of the solid rail, and it increases the suspicious parts of the whole machine, which, in a first experiment, ought to be rendered as few as possible. But of all this the practical iron men are much better judges than we theorists. You hesitate between the catenary and portion of a circle. I have lately received from Italy a treatise on the equilibrium of arches, by the Abbe Mascheroni. It appears to be a very scientifical work. I have not yet had time to engage in it; but I find that the conclusions of his demonstrations are, that every part of the catenary is in perfect equilibrium. It is a great point, then, in a new experiment, to adopt the sole arch, where the pressure will be equally borne by every point of it. If any one point is pushed with accumulated pressure, it will introduce a danger, foreign to the essential part of the plan. The difficulty you suggest, is, that the rails being all in catenaries, the tubes must be of different lengths, as these approach nearer or recede farther from each other, and therefore you recur to the portions of concentric circles, which are equidistant in all their parts. But I would rather propose, that you make your middle rail an exact catenary, and the interior and exterior rails parallels to that. It is true, they will not be exact catenaries, but they will depart very little from it; much less than portions of circles will. Nothing has been done here on the subject since you went away. There is an Abbe D’Arnal at Nismes, who had obtained an exclusive privilege for navigating the rivers of this country by the aid of the steam-engine. This interests Mr. Rumsey, who had hoped the same thing. D’Arnal’s privilege was published in a paper of the 10th of November. Probably, therefore, his application for it was previous to the delivery of Mr. Rumsey’s papers to the secretary of the Academy of Sciences, which was in the latter part of the month of August. However, D’Arnal is not a formidable competitor. He is not in circumstances to make any use himself of his privilege, and he has so illy succeeded with a steam-mill he erected at Nismes, that he is not likely to engage others to venture in his projects. To say another word of the catenarian arch, without caring about mathematical demonstrations, its nature proves it to be in equilibrio in every point. It is the arch formed by a string fixed at both ends, and swaying loose in all the intermediate points. Thus at liberty, they must finally take that position, wherein every one will be equally pressed; for if any one was more pressed than the neighboring point, it would give way, from the flexibility of the matter of the string.
*****
I am, with sentiments of sincere esteem and attachment, Dear Sir, your friend and servant,
Th: Jefferson.
CLXXVII. TO JOHN JAY, January 11, 1789
TO JOHN JAY.
Paris, January 11, 1789.
Sir,
My last letters were of the 14th, 19th, and 29th of November, by the way of London. The present will go the same way, through a private channel.
All military operations in Europe seem to have been stopped, by the excessive severity of the weather. In this country, it is unparalleled in so early a part of the winter, and in duration, having continued since the middle of November, during which time it has been as low as nine degrees below nought, that is to say, forty degrees below freezing, by Fahrenheit’s thermometer; and it has increased the difficulties of the administration here. They had, before, to struggle with the want of money, and want of bread for the people, and now, the want of fuel for them, and want of employment. The siege of Oczakow is still continued, the soldiers sheltering themselves in the Russian manner, in subterraneous barracks; and the Captain Pacha has retired with his fleet. The death of the King of Spain has contributed, with the insanity of the English King, to render problematical the form which the affairs of Europe will ultimately take. Some think a peace possible between the Turks and two Empires, with the cession of Crimea to the former, as less important to Russia than Poland, which she is in danger of losing. In this case, the two Empires might attack the King of Prussia, and the scene of war be only changed. He is certainly uneasy at the accident happened to his principal ally. There seems no doubt, but that the Prince of Wales will be sole regent; but it is also supposed, they will not give him the whole executive power, and particularly, that of declaring war without the consent of the parliament. Should his personal dispositions, therefore, and that of a new ministry, be the same which the King had, of co-operating with Prussia, yet the latter cannot count on their effect. Probably, the parliament will not consent to war, so that I think we may consider the two great powers of France and England as absolutely at rest for some time.
As the character of the Prince of Wales is becoming interesting, I have endeavored to learn what it truly is. This is less difficult in his case, than in that of other persons of his rank, because he has taken no pains to hide himself from the world. The information I most rely on, is from a person here, with whom I am intimate, who divides his time between Paris and London, an Englishman by birth, of truth, sagacity, and science. He is of a circle, when in London, which has had good opportunities of knowing the Prince; but he has also, himself, had special occasions of verifying their information, by his own personal observation. He happened, when last in London, to be invited to a dinner of three persons. The Prince came by chance, and made the fourth. He ate half a leg of mutton; did not taste of small dishes, because small; drank Champagne and Burgundy as small beer during dinner, and Bordeaux after dinner, as the rest of the company. Upon the whole, he ate as much as the other three, and drank about two bottles of wine without seeming to feel it. My informant sat next him, and being till then unknown to the Prince, personally, (though not by character), and lately from France, the Prince confined his conversation almost entirely to him. Observing to the Prince that he spoke French without the least foreign accent, the Prince told him, that when very young, his father had put only French servants about him, and that it was to that circumstance he owed his pronunciation. He led him from this to give an account of his education, the total of which was the learning a little Latin. He has not a single element of Mathematics, of Natural or Moral Philosophy, or of any other science on earth, nor has the society he has kept been such as to supply the void of education. It has been that of the lowest, the most illiterate and profligate persons of the kingdom, without choice of rank or mind, and with whom the subjects of conversation are only horses, drinking-matches, bawdy houses, and in terms the most vulgar. The young nobility, who begin by associating with him, soon leave him, disgusted with the insupportable profligacy of his society; and Mr. Fox, who has been supposed his favorite, and not over nice in the choice of company, would never keep his company habitually. In fact, he never associated with a man of sense. He has not a single idea of justice, morality, religion, or of the rights of men, or any anxiety for the opinion of the world. He carries that indifference for fame so far, that he would probably not be hurt were he to lose his throne, provided he could be assured of having always meat, drink, horses, and women. In the article of women, nevertheless, he is become more correct, since his connection with Mrs. Fitzherbert, who is an honest and worthy woman: he is even less crapulous than he was. He had a fine person, but it is becoming coarse. He possesses good native common sense; is affable, polite, and very good humored. Saying to my informant on another occasion, ‘your friend, such a one, dined with me yesterday, and I made him damned drunk;’ he replied, ‘I am sorry for it; I had heard that your royal highness had left off drinking;’ the Prince laughed, tapped him on the shoulder very good-naturedly, without saying a word, or ever after showing any displeasure. The Duke of York, who was for some time cried up as the prodigy of the family, is as profligate, and of less understanding. To these particular traits, from a man of sense and truth, it would be superfluous to add the general terms of praise or blame, in which he is spoken of by other persons, in whose impartiality and penetration, I have less confidence. A sample is better than a description. For the peace of Europe, it is best that the King should give such gleamings of recovery, as would prevent the regent or his ministry from thinking themselves firm, and yet, that he should not recover. This country advances with a steady pace towards the establishment of a constitution, whereby the people will resume the great mass of those powers, so fatally lodged in the hands of the King. During the session of the Notables, and after their votes against the rights of the people, the Parliament of Paris took up the subject, and passed a vote in opposition to theirs, (which I send you.) This was not their genuine sentiment: it was a manœuvre of the young members, who are truly well disposed, taking advantage of the accidental absence of many old members, and bringing others over by the clause, which, while it admits the negative of the States General in legislation, reserves still to the parliament the right of enregistering, that is to say, another negative. The Notables persevered in their opinion. The Princes of the blood (Monsieur and the Duke d’Orleans excepted) presented and published a memoire, threatening a scission. The parliament were proposing to approve of that memoire (by way of rescinding their former vote), and were prevented from it by the threat of a young member, to impeach (denoncer) the memoire and the Princes who signed it. The vote of the Notables, therefore, remaining balanced by that of the parliament, the voice of the nation becoming loud and general for the rights of the Tiers-Etat, a strong probability that if they were not allowed one half the representation, they would send up their members with express instructions to agree to no tax and to no adoption of the public debts, and the court really wishing to give them a moiety of the representation, this was decided on ultimately. You are not to suppose that these dispositions of the court proceed from any love of the people, or justice towards their rights. Courts love the people always, as wolves do the sheep. The fact is this. The court wants money. From the Tiers-Etat they cannot get it, because they are already squeezed to the last drop. The clergy and the nobles, by their privileges and their influence, have hitherto screened their property, in a great degree, from public contribution. That half of the orange, then, remains yet to be squeezed, and for this operation there is no agent powerful enough, but the people. They are, therefore, brought forward as the favorites of the court, and will be supported by them. The moment of crisis will be the meeting of the States; because their first act will be, to decide whether they shall vote by persons or by orders. The clergy will leave nothing unattempted to obtain the latter; for they see that the spirit of reformation will not confine itself to the political, but will extend to the ecclesiastical establishment also. With respect to the nobles, the younger members are generally for the people, and the middle aged are daily coming over to the same side: so that by the time the States meet, we may hope there will be a majority of that body, also, in favor of the people, and consequently for voting by persons, and not by orders.
You will perceive, by the report of Mr. Necker (in the gazette of France), 1. a renewal of the renunciation of the power of imposing a new tax by the King, and a like renunciation of the power of continuing any old one; 2. an acknowledgment that the States are to appropriate the public monies, which will go to the binding the court to a civil list; 3. a consent to the periodical meeting of the States; 4. to consider of the restrictions of which lettres de cachet are susceptible; 5. the degree of liberty to be given to the press; 6. a bill of rights; and 7. there is a passage which looks towards the responsibility of ministers. Nothing is said of communicating to them a share in the legislation. The ministry, perhaps, may be unwilling to part with this, but it will be insisted on in the States. The letters of convocation will not appear till towards the latter end of the month: neither time nor place are yet declared, but Versailles is talked of, and we may well presume that some time in April will be fixed on. In the mean time, Mr. Necker gets money to keep the machine in motion. Their funds rose slowly, but steadily, till within these few days, when there was a small check. However, they stand very well, and will rise. The caisse d’escompte lent the government twenty-five millions, two days ago. The navy of this country sustained a heavy loss lately, by the death of the Bailli de Suffrein. He was appointed Generalissimo of the Atlantic, when war was hourly expected with England, and is certainly the officer on whom the nation would have reposed its principal hopes, in such a case. We just now hear of the death of the Speaker of the House of Commons, before the nomination of a regent, which adds a new embarrassment to the re-establishment of government in England. Since writing mine of November the 29th, yours of the 23rd of September has come to hand. As the General of the Mathurins was to be employed in the final redemption of our captives, I thought that their previous support had better be put into his hands, and conducted by himself in such a way as not to counterwork his plan of redemption, whenever we can enable him to begin on it. I gave him full powers as to the amount and manner of subsisting them. He has undertaken it, informing me, at the same time, that it will be on a very low scale, to avoid suspicion of its coming from the public. He spoke of but three sous a day per man, as being sufficient for their physical necessaries, more than which, he thinks it not advisable to give. I have no definitive answer yet from our bankers, whether we may count on the whole million last agreed to be borrowed, but I have no doubt of it, from other information, though I have not their formal affirmative. The gazettes of Leyden and France to this date, accompany this. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
CLXXVIII. TO JAMES MADISON, January 12, 1789
TO JAMES MADISON.
Paris, January 12, 1789.
Dear Sir,
My last to you was of the 18th of November; since which, I have received yours of the 21st of September, and October the 8th, with the pamphlet on the Mohicon language, for which, receive my thanks. I endeavor to collect all the vocabularies I can of the American Indians, as of those of Asia, persuaded, that if they ever had a common parentage, it will appear in their languages.
I was pleased to see the vote of Congress, of September the 16th, on the subject of the Mississippi, as I had before seen, with great uneasiness, the pursuit of other principles, which I could never reconcile to my own ideas of probity or wisdom, and from which, and my knowledge of the character of our western settlers, I saw that the loss of that country was a necessary consequence. I wish this return to true policy may be in time to prevent evil. There has been a little foundation for the reports and fears relative to the Marquis de la Fayette. He has, from the beginning, taken openly part with those who demand a constitution; and there was a moment that we apprehended the Bastile: but they ventured on nothing more, than to take from him a temporary service, on which he had been ordered; and this, more to save appearances for their own authority, than any thing else; for at the very time they pretended that they had put him into disgrace, they were constantly conferring and communicating with him. Since this, he has stood on safe ground, and is viewed as among the foremost of the patriots. Every body here is trying their hand at forming declarations of rights. As something of that kind is going on with you also, I send you two specimens from hence. The one is by our friend of whom I have just spoken. You will see that it contains the essential principles of ours, accommodated as much as could be, to the actual state of things here. The other is from a very sensible man, a pure theorist, of the sect called the Economists, of which Turgot was considered as the head. The former is adapted to the existing abuses, the latter goes to those possible, as well as to those existing.
With respect to Doctor Spence, supposed to have been taken by the Algerines, I think the report extremely improbable. O’Bryan, one of our captives there, has constantly written to me, and given me information on every subject he thought interesting. He could not have failed to know if such a capture had been made, though before his time, nor to inform me of it. I am under perpetual anxiety for our captives there. The money, indeed, is not yet ready at Amsterdam; but when it shall be, there are no orders from the board of treasury to the bankers, to furnish what may be necessary for the redemption of the captives: and it is so long since Congress approved the loan, that the orders of the treasury for the application of the money would have come, if they had intended to send any. I wrote to them early on the subject, and pointedly. I mentioned it to Mr. Jay also, merely that he might suggest it to them. The payments to the foreign officers will await the same formality.
I thank you for your attention to the case of Mrs. Burke. We have no news of Doctor Franklin since July last, when he was very ill. Though the silence of our letters on that subject is a proof that he is well, yet there is an anxiety here among his friends. We have lately had three books published, which are of great merit, in different lines. The one is in seven volumes, octavo, by an Abbe Barthelemy, wherein he has collected every subject of Grecian Literature, after a labor of thirty years. It is called ‘Les Voyages d’Anacharsis.’ I have taken a copy for you, because the whole impression was likely to be run off at once. The second is a work on government, by the Marquis de Condorcet, two volumes, octavo. I shall secure you a copy. The third are the works of the King of Prussia, in sixteen volumes, octavo. These were a little garbled at Berlin, before printed. The government lays its hands on all which come here, and change some leaves. There is a genuine edition published at Basle, where even the garblings of Berlin are re-established. I doubt the possibility of getting a copy, so vigilant is the government as to this work. I shall obtain you one, if it be possible. As I write all the public news to Mr. Jay, I will not repeat it to you. I have just received the Flora Caroliniana of Walter, a very learned and good work. I am, with very sincere esteem and respect, Dear Sir, your friend and servant,
Th: Jefferson.
CLXXIX. TO JOHN JAY, January 14, 1789
TO JOHN JAY.
Sir,
Paris, January 14, 1789.
In my letter of the 11th, I have said nothing of the Arrêt explanatory of that of September the 28th, on the subject of whale-oils, which my letter of November the 19th gave you reason to expect. Though this explanatory Arrêt has been passed so long ago as the 7th of December, it has not been possible for me to obtain an authentic copy of it, till last night. I now enclose that to you, with a copy of a letter to me from Mr. Necker, on the subject. The reception of our oils in the mean time, is provided for by an intermediate order. You will observe, that in the Arrêt it is said to be passed ‘provisoirement,’ and that Mr. Necker expressly holds up to us in his letter, a repeal, whenever the national fishery supplies their wants. The Arrêt, however, is not limited in its duration, and we have several chances against its repeal. It may be questioned, whether Mr. Necker thinks the fishery worth the expense. It may be well questioned, whether, either with or without encouragement, the nation, whose navigation is the least economical of all in Europe, can ever succeed in the whale-fishery, which calls for the most rigorous economy. It is hoped that a share in the legislation will pass immediately into the hands of the States General, so as to be no longer in the power of the commis of a bureau, or even of his minister, to smuggle a law through, unquestioned; and we may even hope that the national demand for this oil will increase faster than both their and our fisheries together will supply. But in spite of all these hopes, if the English should find means to cover their oils under our name, there will be great danger of a repeal. It is essential, then, that our government take effectual measures to prevent the English from obtaining genuine sea-papers, that they enable their consuls in the ports of France (as soon as they shall be named) to detect counterfeit papers, and that we convince this government that we use our best endeavors, with good faith, as it is clearly our interest to do; for the rivalship of the English is the only one we have to fear. It had already begun to render our oils invendible in the ports of France. You will observe that Mr. Necker renews the promise of taking off the ten sous pour livre, at the end of the next year.
Oczakow is at length taken by assault. The assailants were fourteen thousand, and the garrison twelve thousand, of whom seven thousand were cut to pieces before they surrendered. The Russians lost three thousand men. This is the Russian version, of which it is safe to believe no part, but that Oczakow is taken. The Speaker of the English House of Commons, having died suddenly, they have chosen Mr. Grenville, a young man of twenty-seven years of age. This proves that. Mr. Pitt is firm with the present parliament.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
CLXXX. TO MADAME NECKER, January 24, 1789
TO MADAME NECKER.
Paris, January 24, 1789.
I have received, Madam, with a great deal of sensibility, the letter of the 22nd instant, with which you were pleased to honor me on the claims of Monsieur Klein against the United States; and immediately endeavored to inform myself of their foundation, by an examination of the journals of Congress. Congress consisting of many persons, can only speak by the organ of their records. If they have any engagements, they are to be found there. If not found there, they can never have existed. I proceeded to this examination, with all the partialities which were naturally inspired by the interest you are so good as to take in his behalf, the desire of doing what will be agreeable to you, and a disposition to obtain for him the justice which might be his due. I have extracted, literally, from those journals, every thing I find in them on his subject, and I take the liberty of enclosing you those extracts. From them, as well as from what I recollect of the ordinary train of business about the years 1778 and 1779, I presume the following to be very nearly the history of Monsieur Klein’s case.
Congress were generally desirous of adding to their army during the war. Among other methods attempted, it was usual for foreigners (multitudes of whom went to ask command), when they found there was no vacancy, to propose to raise troops themselves, on condition they should have commissions to command them. I suppose that Messrs. Klein, Fearer, and Kleinsmit (named in the resolution of Congress of 1778, and whom, from their names, I conjecture to be Germans) offered to enlist a body of men from among the German prisoners taken with General Burgoyne at Saratoga, on condition that Fearer and Kleinsmit should be captains over them, and Klein, lieutenant colonel. Three months seem to have been allowed them for raising their corps. However, at the end of ten months it seems they had engaged but twenty-four men, and that all of these, except five, had deserted. Congress, therefore, put an end to the project, June the 21st, 1779, (and not in July, 1780, as Monsieur Klein says) by informing him they had no further use for his services, and giving him a year’s pay and subsistence to bring him to Europe. He chose to stay there three and a half longer, as he says, to solicit what was due to him. Nothing could ever have been due to him, but pay and subsistence for the ten months he was trying to enlist men, and the donation of a year’s pay and subsistence; and it is not probable he would wait three years and a half to receive these. I suppose he has staid, in hopes of finding some other opening for employment. If these articles of pay and subsistence have not been paid to him, he has the certificates of the paymaster and commissary to prove it; because it was an invariable rule, when demands could not be paid, to give the party a certificate, to establish the sum due to him. If he has not such a certificate, it is a proof he has been paid. If he has it, he can produce it, and in that case, I will undertake to represent his claim to our government, and will answer for their justice.
It would be easy to correct several inaccuracies in the letter of Monsieur Klein, such as that Congress engaged to give him a regiment; that he paid the recruiting money out of his own pocket; that his soldiers had nothing but bread and water; that Congress had promised him they would pay his soldiers in specie, &c.; some of which are impossible, and others very improbable; but these would be details too lengthy, Madam, for you to be troubled with. Klein’s object is to be received at the hospital of invalids. I presume he is not of the description of persons entitled to be received there, and that his American commission and American grievances are the only ground he has, whereon to raise a claim to reception. He has therefore tried to make the most of them. Few think there is any immorality in scandalizing governments or ministers; and M. Klein’s distresses render this resource more innocent in him, than it is in most others.
Your commands, Madam, to give what information I could, have drawn thus much from me. I would not wish to weaken the hopes he so justly rests on your, known goodness and benevolence. On the contrary, the weaker his claims elsewhere, the stronger they will plead in your bosom to procure him relief; and whatever may be done for him here, I repeat it, that if he has any just demand against the United States, and will furnish me with proofs of it, I will solicit it with zeal, and, I trust, with effect. To procure him justice will be one gratification, and a great additional one will be, that he has procured me the occasion of offering you my portion of the general tribute so justly due, for all the good you have done, and all you are perpetually endeavoring to do. Accept then, Madam, I pray you, this homage from one, whose motives are pure truth and justice, when he assures you of the sincerity of those sentiments of esteem and respect, with which he has the honor to be, Madam, your most obedient and most
humble servant,
Th: Jefferson.
CLXXXI. TO JOHN JAY, February 1, 1789
TO JOHN JAY.
Paris, February 1, 1789.
Sir,
My last letters have been of the 11th, 14th, and 21st of January. The present conveyance being through the post to Havre, from whence a vessel is to sail for New York, I avail myself of it, principally to send you the newspapers. That of Leyden of the 24th, contains a note of the Chargé des Affaires of France, at Warsaw, which is interesting. It shows a concert between France and Russia; it is a prognostication that Russia will interfere in the affairs of Poland, and if she does, it is most probable that the King of Prussia must be drawn into the war. The revolution which has taken place in Geneva, is a remarkable and late event. With the loss of only two or three lives, and in the course of one week, riots, begun at first on account of a rise in the price of bread, were improved and pointed to a reformation of their constitution; and their ancient constitution has been almost completely re-established. Nor do I see any reason to doubt of the permanence of the re-establishment. The King of England has shown such marks of returning reason, that the regency bill was postponed in the House of Lords, on the 19th instant. It seems now probable, there may be no change of the ministry, perhaps no regent. We may be sure, however, that the present ministry make the most of those favorable symptoms. There has been a riot in Brittany, begun on account of the price of bread, but converted into a quarrel between the Noblesse and Tiers-Etat. Some few lives were lost in it. All is quieted for the present moment. In Burgundy and Franche Compte, the opposition of the nobles to the views of government is very warm. Every where else, however, the revolution is going on quietly and steadily, and the public mind ripening so fast, that there is great reason to hope a good result from the States General. Their numbers (about twelve hundred) give room to fear, indeed, that they may be turbulent. Having never heard of Admiral Paul Jones since the action, in which he took a part before Oczakow, I began to be a little uneasy. But I have now received a letter from him, dated at St. Petersburg, the 31 st of January, where he had just arrived, at the desire of the Empress. He has hitherto commanded on the Black Sea. He does not know whether he shall be employed there, or where, the ensuing campaign. I have no other interesting intelligence, which would not lead me into details, improper for the present mode of conveyance. After observing, therefore, that the gazettes of France and Leyden, to the present date, accompany this, I shall only add assurance of the sincere esteem and respect, with which I have the honor to be, Dear Sir, your most obedient and most humble servant,
Th: Jefferson.
CLXXXII. TO JOHN JAY, February 4, 1789
TO JOHN JAY.
Paris, February 4, 1789.
Sir,
Your favor of November the 25th, by Gouverneur Morris, is duly received. I must beg you to take the trouble of deciphering yourself what follows, and to communicate it to nobody but the President, at least for the present.
We had before understood, through different channels, that the conduct of the Count de Moustier was politically and morally offensive. It was delicate for me to speak on the subject to the Count de Montmorin. The invaluable mediation of our friend, the Marquis de la Fayette, was therefore resorted to, and the subject explained, though not pressed. Later intelligence showing the necessity of pressing it, it was yesterday resumed, and represented through the same medium to the Count de Montmorin, that recent information proved to us, that his minister’s conduct had rendered him personally odious in America, and might even influence the dispositions of the two nations; that his recall was become a matter of mutual concern; that we had understood he was instructed to remind the new government of their debt to this country, and that he was in the purpose of doing it in very harsh terms; that this could not increase their desire of hastening payment, and might wound their affections: that, therefore, it was much to be desired that his discretion should not be trusted to, as to the form in which the demand should be made, but that the letter should be written here, and he instructed to add nothing but his signature: nor was his private conduct omitted. The Count de Montmorin was sensibly impressed. He very readily determined that the letter should be formed here, but said that the recall was a more difficult business: that as they had no particular fact to allege against the Count de Moustier, they could not recall him from that ministry, without giving him another, and there was no vacancy at present. However, he would hazard his first thoughts on the subject, saving the right of correcting them by further consideration. They were these: that there was a loose expression in one of de Moustier’s letters, which might be construed into a petition for leave of absence; that he would give him permission to return to France; that it had been before decided, on the request of the Marquis de la Luzerne, that Otto should go to him to London; that they would send a person to America as Chargé des Affaires in place of Otto, and that if the President (General Washington) approved of him, he should be afterwards made minister. He had cast his eye on Colonel Ternant, and desired the Marquis to consult me, whether he would be agreeable. At first I hesitated, recollecting to have heard Ternant represented in America, as an hypochondriac, discontented man, and paused for a moment between him and Barthelemy, at London, of whom I have heard a great deal of good. However, I concluded it safer to take one whom we knew and who knew us. The Marquis was decidedly of this opinion. Ternant will see that his predecessor is recalled for unconciliatory deportment, and that he will owe his own promotion to the approbation of the President. He established a solid reputation in Europe, by his conduct when Generalissimo of one of the United Provinces, during their late disturbances; and it is generally thought, that if he had been put at the head of the principal province, instead of the Rhingrave de Salm, he would have saved that cause. Upon the whole, I believe you may expect that the Count de Moustier will have an immediate leave of absence, which will soon after become a recall in effect. I will try also to have the consuls admonished as to the line of conduct they should observe. I shall have the honor of writing you a general letter, within a few days. I have now that of assuring you of the sentiments of sincere esteem and respect, with which I am, Dear Sir, your most obedient and most humble servant,
Th: Jefferson.
CLXXXIII. TO WILLIAM SHORT, February 9,1789
TO WILLIAM SHORT.
Paris, February 9,1789.
Dear Sir,
I wrote you last on the 22nd of January, on which day I received yours of December the 31st, and since that, the other of January the 14th. We have now received news from America down to the middle of December. They had then had no cold weather. All things relative to our new constitution were going on well. Federal senators are; New Hampshire, President Langdon and Bartlett. Massachusetts, Strong and Dalton. Connecticut, Dr. Johnson and Ellsworth. New Jersey, Patterson and Ellmer. Pennsylvania, Robert Morris and M’Clay. Delaware, Reed and Bassett. Virginia, Richard Henry Lee and Grayson. Maryland, Charles Carroll, of Carrolton, and John Henry. All of these are federalists, except those of Virginia; so that a majority of federalists are secured in the Senate, and expected in the House of Representives. General Washington will be President, and probably Mr. Adams Vice-President. So that the constitution will be put under way by those who will give it a fair trial. It does not seem probable that the attempt of New York, to have another convention to make amendments, will succeed, though Virginia concurs in it. It is tolerably certain that Congress will propose amendments to the Assemblies, as even the friends of the constitution are willing to make amendments; some from a conviction they are necessary, others, from a spirit of conciliation. The addition of a bill of rights will, probably, be the most essential change. A vast majority of anti-federalists have got into the Assembly of Virginia, so that Mr. Henry is omnipotent there. Mr. Madison was left out as a senator by eight or nine votes; and Henry has so modeled the districts for representatives, as to tack Orange to counties where himself has great influence, that Madison may not be elected into the lower federal House, which was the place he had wished to serve in, and not the Senate. Henry pronounced a philippic against Madison in open Assembly, Madison being then at Philadelphia. Mifflin is President of Pennsylvania, and Peters, Speaker. Colonel Howard is Governor of Maryland. Beverly Randolph, Governor of Virginia; (this last is said by a passenger only, and he seems not very sure.) Colonel Humphreys is attacked in the papers for his French airs, for bad poetry, bad prose, vanity, &c. It is said his dress, in so gay a style, gives general disgust against him. I have received a letter from him. He seems fixed with General Washington. Mayo’s bridge, at Richmond, was completed, and carried away in a few weeks. While up, it was so profitable that he had great offers for it. A turnpike is established at Alexandria, and succeeds. Rhode Island has again refused to call a convention. Spain has granted to Colonel Morgan, of New Jersey, a vast tract of land on the western side of the Mississippi, with the monopoly of the navigation of that river. He is inviting settlers, and they swarm to him. Even the settlement of Kentucky is likely to be much weakened by emigrations to Morgan’s grant. Warville has returned, charmed with our country. He is going to carry his wife and children to settle there. Gouverneur Morris has just arrived here; deputed, as is supposed, to settle Robert Morris’s affairs, which continue still deranged. Doctor Franklin was well when he left America, which was about the middle of December.
*****
I send Mr. Rutledge two letters by this post. Be so good as to present him my esteem, and to be assured yourself, of the sincere esteem and attachment with which I am and shall ever be? Dear Sir, your affectionate friend and servant,
Th: Jefferson.
CLXXXIV. TO M. DE VILLEDEUIL, February 10, 1789
TO M. DE VILLEDEUIL.
Paris, February 10, 1789.
Sir,
I take the liberty of troubling your Excellency with the following case, which I understand to be within your department. Mr. Jay, secretary for Foreign Affairs, to the United States of America, having occasion to send me despatches of great importance, and by a courier express, confided them to a Mr. Nesbitt, who offered himself in that character. He has delivered them safely: but, in the moment of delivering them, explained to me his situation, which is as follows. He was established in commerce at L’Orient, during the war. Losses by shipwreck, by capture, and by the conclusion of the peace at a moment when he did not expect it, reduced him to bankruptcy, and he returned to America, with the consent of his creditors, to make the most of his affairs there. He has been employed in this ever since, and now wishing to see his creditors, and to consult them on their mutual interests, he availed himself of Mr. Jay’s demand for a courier, to come under the safe conduct of that character to Paris, where he flattered himself he might obtain that of your Excellency, for the purpose of seeing his creditors, settling, and arranging with them. He thinks a twelvemonth will be necessary for this. Understanding that it is not unusual to grant safe conducts in such cases, and persuaded it will be for the benefit of his creditors, I take the liberty of enclosing his memoir to your Excellency, and of soliciting your favorable attention to it, assured that it will not be denied him, if it be consistent with the established usage; and if inadmissible, praying that your Excellency will have the goodness to give me as early an answer as the other arduous occupations in which you are engaged, will admit, in order that he may know whether he may see his creditors, or must return without. I am encouraged to trouble your Excellency with this application, by the goodness with which you have been pleased to attend to our interests on former occasions, and by the desire of availing myself of every occasion of proffering to you the homage of those sentiments of attachment and respect, with which I have the honor to be your Excellency’s most obedient and most humble servant,
Th: Jefferson.
CLXXXV. TO MR. CARNES, February 15,1789
TO MR. CARNES.
Paris, February 15,1789.
Sir,
I am now to acknowledge the receipt of your favors of January the 23rd, and February the 9th and 10th. Your departure for America so soon, puzzles me as to the finishing the affair of Schweighaeuser and Dobree, in which I could have reposed myself on you. It remains, that I ask you to recommend some person who may be perfectly relied on, in that business. In fact, it is probably the only one I shall have occasion to trouble them with before my own departure for America, which I expect to take place in May; and I fix my return to Paris, in December. While I ask your recommendation of a person to finish Dobree’s business with fidelity, I must ask your secrecy on the subject of that very business, so as not to name it at all, even to the person you shall recommend.
With respect to the distressed American who needs one hundred and forty livres to enable him to return to America, I have no authority to apply any public monies to that purpose, and the calls of that nature are so numerous, that I am obliged to refuse myself to them in my private capacity. As to Captain Newell’s case, you are sensible, that being in the channel of the laws of the land, to ask a special order from government, would expose us, in reciprocity to like demands from them in America, to which our laws would never permit us to accede. Speaking conscientiously, we must say it is wrong in any government to interrupt the regular course of justice. A minister has no right to intermeddle in a private suit, but when the laws of the country have been palpably perverted to the prejudice of his countryman.
When you shall be so kind as to recommend to me a correspondent in your port during your absence, I will ask the favor of you also to give me some idea of the time you expect to return.
I have the honor, after wishing you pleasant and prosperous voyages, to assure you of the esteem and attachment, with which I am, Sir, your most obedient, humble servant,
Th: Jefferson.