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Title: The Writings of Thomas Jefferson, Volume III (of 9) - Being His Autobiography, Correspondence, Reports, Messages, - Addresses, and Other Writings, Official and Private
Author: Jefferson, Thomas
Language: English
As this book started as an ASCII text book there are no pictures available.
*** Start of this LibraryBlog Digital Book "The Writings of Thomas Jefferson, Volume III (of 9) - Being His Autobiography, Correspondence, Reports, Messages, - Addresses, and Other Writings, Official and Private" ***
Transcriber's Note:
Inconsistent hyphenation and spelling in the original document have
been preserved. Obvious typographical errors have been corrected.
Italic text is denoted by _underscores_ and bold text by =equal
signs=.
Inconsistent or incorrect accents and spelling in passages in French and
Latin have been left unchanged.
On pages 9 and 272, 'Ocrakow' and 'Oczakow' may refer to the same place.
On page 15, 'Clavigaro' should possibly be 'Clavigero'.
On page 35, 'worthy good attention' should possibly be 'worthy of good
attention'.
On page 237, 'Galerie du Louire' should possibly be 'Galerie du Louvre'.
On page 246, 'Constant murders comitting by the Indians' should possibly
be 'Constant murders committed by the Indians'.
On page 335, 'take up the clause' should possibly be 'take up the cause'.
On page 347, inconsistent punctuation in the list of questions has been
left unchanged.
On page 505, 'Mazzie' should possibly be 'Mazzei'.
On page 530, 'settled and staple' should possibly be 'settled and stable'.
On page 579, 'effected our wheat' should possibly be 'affected our wheat'.
In the Index entry 'Existing treaties with France', there is a reference
to a (non-existent) page 651.
THE
WRITINGS
OF
THOMAS JEFFERSON:
BEING HIS
AUTOBIOGRAPHY, CORRESPONDENCE, REPORTS, MESSAGES,
ADDRESSES, AND OTHER WRITINGS, OFFICIAL
AND PRIVATE.
PUBLISHED BY THE ORDER OF THE JOINT COMMITTEE OF CONGRESS ON THE
LIBRARY,
FROM THE ORIGINAL MANUSCRIPTS,
DEPOSITED IN THE DEPARTMENT OF STATE.
WITH EXPLANATORY NOTES, TABLES OF CONTENTS, AND A COPIOUS INDEX
TO EACH VOLUME, AS WELL AS A GENERAL INDEX TO THE WHOLE,
BY THE EDITOR
H. A. WASHINGTON.
VOL. III.
NEW YORK:
H. W. DERBY, 625 BROADWAY.
1861.
Entered, according to Act of Congress, in the year 1853, by
TAYLOR & MAURY,
In the Clerk's Office of the District Court for the District of
Columbia.
STEREOTYPED BY
THOMAS B. SMITH,
82 & 84 Beekman Street.
CONTENTS TO VOL. III.
BOOK II.
Part II.--Continued.--Letters written while in Europe--(1784--1790,)--3.
Part III.--Letters written after his return to the United States down
to the time of his death.--(1790--1826,)--124.
Adams, John, letters written to, 270, 291.
Arnold, Monsieur L'Abbé, letter written to, 81.
Attorney General, letter written to, 308.
Attorney for the District of Kentucky, letter written to, 256.
Attorneys for United States, letter written to, 183.
Auville, La Duchesse d', letter written to, 134.
Banneker, Benjamin, letter written to, 291.
Barclay, Thomas, letters written to, 261, 440.
Barlow, Mr., letter written to, 451.
Bondfield, Mr., letter written to, 194.
Boudinot, Monsieur, letter written to, 160.
Carmichael, William, letters written to, 21, 88, 137, 172, 221,
244, 282, 340, 349.
Carmichael & Short, letters written to, 471, 480, 534, 565.
Carr, Peter, letter written to, 452.
Carroll, Mr., letter written to, 508.
Carroll, C., of Carrollton, letter written to, 246.
Clay, Charles, Brevet, letters written to, 125.
Clay, Mr., letter written to, 469.
Consuls, American, letter written to, 429.
Corny, Madame de, letter written to, 132.
Crevecoeur, Monsieur de, letter written to, 43.
David, Colonel, letter written to, 531.
Dumas, Monsieur, letters written to, 155, 166, 259, 535.
Ellicott, Mr., letter written to, 301.
Enfant, Major L', letters written to, 221, 236.
Forest, Monsieur La, letter written to, 193.
France, United Netherlands, and Great Britain, Ministers of,
letter written to, 508.
Freneau, Philip, letter written to, 215.
Gallatin, Mr., letter written to, 505.
Gates, Major General, letter written to, 520.
Gem, Dr., letters written to, 108, 167.
Genet, Monsieur, letters written to, 571, 585, 586.
Georgia, Governor of, letter written to, 454.
Gilmer, Dr., letters written to, 159, 494.
Grand, Mr., letter written to, 139.
Hamilton, Alexander, letters written to, 207, 330, 535, 546, 554.
Hammond, Mr., letters written to, 296, 330, 335, 345, 365, 514,
538, 557, 573, 590.
Hancock, Governor, letters written to, 185, 214.
Harvie, Colonel, letter written to, 281.
Hazard, Mr., letter written to, 211.
Hellstedt, Charles, letter written to, 210.
Houdetot, La Comtesse d', letter written to, 433.
Humphreys, Colonel David, letters written to, 10, 180, 269, 306,
456, 487, 490, 528, 533.
Hunter, William, letter written to, 127.
Innis, Colonel, letters written to, 217, 224.
Jay, John, letters written to, 25, 36, 59, 72, 85, 86, 91, 112,
121, 127, 131.
Jaudenes & Viar, letters written to, 328, 343, 358, 455, 478.
Johnson, Joshua, letters written to, 176, 204, 206.
Johnson, Stuart, and Carroll, letters written to, 286, 300, 336,
507.
Jones, John Coffin, letter written to, 154.
Jones, Paul, letters written to, 293, 431.
Joy, George, letter written to, 129.
Kinloch, Frederick, letter written to, 196.
Knox, General, letter written to, 280.
La Fayette, M. de, letters written to, 20, 45, 48, 66, 68, 69,
450.
Lee, Governor, letter written to, 456.
Leslie, Mr., letter written to, 156.
Lewis, Colonel, letters written to, 163, 232, 348.
Littlepage, Mr., letter written to, 23.
Luzerne, Marquis de La, letter written to, 140.
Madison, James, letters written to, 3, 33, 82, 96, 102, 196, 434,
519, 537, 556, 562, 568, 577, 591.
Marseilles, Mayor of, letter written to, 486.
Martin, Governor, letter written to, 229.
Mason, Mr., letter written to, 72.
Mason, Colonel George, letters written to, 147, 209.
McAlister, Mr., letter written to, 313.
Mercer, Mr., letter written to, 495.
Monroe, James, letters written to, 152, 167, 548.
Montmorin, Count de, letters written to, 67, 137, 199, 216, 327.
Morris, Gouverneur, letters written to, 182, 197, 203, 272, 290,
324, 338, 355, 448, 476, 488, 521, 524, 580.
Morris, Pinckney & Short, circular written to, 543.
Motte, Monsieur La, letter written to, 288.
Neckar, Mr., letters written to, 67, 119.
Newton, T., letter written to, 295.
Paine, Thomas, letters written to, 7, 39, 69, 278.
Paleske, Mr., letter written to, 457.
Pinckney, Colonel, letter written to, 344.
Pinckney, C. C., letter written to, 471.
Pinckney, Major Thomas, letters written to, 298, 321, 346, 441,
445, 446, 473, 493, 499, 525, 541, 550, 582.
Pinto, Monsieur de, letters written to, 174, 215.
Pontière, Monsieur de, letter written to, 37.
President, letters written to the, 124, 126.
President of the National Assembly of France, letter written to,
218.
Price, Dr., letter written to, 41.
Quesada, Governor, letter written to, 219.
Randolph, Edward, letter written to, 470.
Randolph, Mrs., letter written to, 506.
Randolph, Mr., letters written to, 128, 143, 184, 504, 570.
Randolph, E., letter written to, 552.
Representatives, Speaker of the House of, letter written to, 515.
Rittenhouse, David, letters written to, 148, 150, 161.
Rochefoucault, Duke de La, letter written to, 136.
Rutherford, Mr., letter written to, 496.
Rutledge, E., letters written to, 109, 164, 284.
Sarsfield, J., letter written to, 17.
Shaw, Samuel, Consul at Canton, in China, letter written to, 530.
Short, William, letters written to, 142, 146, 162, 168, 177, 188,
207, 223, 225, 227, 252, 273, 287, 302, 319, 323, 328, 340, 341,
342, 349, 501.
Sinclair, Sir John, letter written to, 283.
Smith, Daniel, letter written to, 307.
St. Etienne, Monsieur de, letter written to, 45.
Stuart, Mr., letter written to, 313.
Stuart, Archibald, letter written to, 459.
Ternant, Monsieur de, letters written to, 294, 458, 477, 491, 515,
516, 518, 544, 547, 560.
Van Berckel, letters written to, 453, 543, 565.
Vaughan, Benjamin, letters written to, 38, 157.
Viar, Mr., letter written to, 195.
Virginia, Governor of, letter written to, 564.
Wadsworth, Hon. Jeremiah, letter written to, 259.
War, Secretary of, letter written to the, 192.
Washington, George, letters written to, 29, 196, 230, 233, 237,
247, 250, 254, 257, 280, 297, 299, 315, 319, 331, 334, 348, 356,
358, 359, 459, 471, 479, 482, 575.
Washington City, Commissioners of, letter written to the, 346.
Webster, Noah, letter written to, 200.
Willard, Dr., letters written to, 14, 130.
Wistar, Dr., letter written to, 228.
* Address lost, 527.
PART II.--Continued.
LETTERS WRITTEN WHILE IN EUROPE.
1784-1790.
TO JAMES MADISON.
Paris, March 15, 1789.
Dear Sir,--I wrote you last on the 12th of January; since which I have
received yours of October the 17th, December the 8th and 12th. That of
October the 17th, came to hand only February the 23d. How it happened to
be four months on the way, I cannot tell, as I never knew by what hand
it came. Looking over my letter of January the 12th, I remark an error
of the word "probable" instead of "improbable," which doubtless, however,
you had been able to correct.
Your thoughts on the subject of the declaration of rights, in the letter
of October the 17th, I have weighed with great satisfaction. Some of them
had not occurred to me before, but were acknowledged just in the moment
they were presented to my mind. In the arguments in favor of a declaration
of rights, you omit one which has great weight with me; the legal check
which it puts into the hands of the judiciary. This is a body, which, if
rendered independent and kept strictly to their own department, merits
great confidence for their learning and integrity. In fact, what degree
of confidence would be too much, for a body composed of such men as
Wythe, Blair and Pendleton? On characters like these, the "_civium ardor
prava jubentium_" would make no impression. I am happy to find that, on
the whole, you are a friend to this amendment. The declaration of rights
is, like all other human blessings, alloyed with some inconveniences,
and not accomplishing fully its object. But the good in this instance,
vastly overweighs the evil. I cannot refrain from making short answers
to the objections which your letter states to have been raised. 1. That
the rights in question are reserved, by the manner in which the federal
powers are granted. Answer. A constitutive act may, certainly, be so
formed, as to need no declaration of rights. The act itself has the
force of a declaration, as far as it goes; and if it goes to all material
points, nothing more is wanting. In the draught of a constitution which
I had once a thought of proposing in Virginia, and printed afterwards, I
endeavored to reach all the great objects of public liberty, and did not
mean to add a declaration of rights. Probably the object was imperfectly
executed; but the deficiencies would have been supplied by others, in the
course of discussion. But in a constitutive act which leaves some precious
articles unnoticed, and raises implications against others, a declaration
of rights becomes necessary, by way of supplement. This is the case of
our new federal Constitution. This instrument forms us into one State,
as to certain objects, and gives us a legislative and executive body for
these objects. It should, therefore, guard us against their abuses of
power, within the field submitted to them. 2. A positive declaration of
some essential rights could not be obtained in the requisite latitude.
Answer. Half a loaf is better than no bread. If we cannot secure all our
rights, let us secure what we can. 3. The limited powers of the federal
government, and jealousy of the subordinate governments, afford a security
which exists in no other instance. Answer. The first member of this seems
resolvable into the first objection before stated. The jealousy of the
subordinate governments is a precious reliance. But observe that those
governments are only agents. They must have principles furnished them,
whereon to found their opposition. The declaration of rights will be
the text, whereby they will try all the acts of the federal government.
In this view, it is necessary to the federal government also; as by the
same text, they may try the opposition of the subordinate governments.
4. Experience proves the inefficacy of a bill of rights. True. But
though it is not absolutely efficacious under all circumstances, it is
of great potency always, and rarely inefficacious. A brace the more will
often keep up the building which would have fallen, with that brace the
less. There is a remarkable difference between the characters of the
inconveniences which attend a declaration of rights, and those which
attend the want of it. The inconveniences of the declaration are, that
it may cramp government in its useful exertions. But the evil of this
is short-lived, moderate and reparable. The inconveniences of the want
of a declaration are permanent, afflicting and irreparable. They are in
constant progression from bad to worse. The executive, in our governments,
is not the sole, it is scarcely the principal object of my jealousy. The
tyranny of the legislatures is the most formidable dread at present, and
will be for many years. That of the executive will come in its turn; but
it will be at a remote period. I know there are some among us, who would
now establish a monarchy. But they are inconsiderable in number and weight
of character. The rising race are all republicans. We were educated in
royalism; no wonder, if some of us retain that idolatry still. Our young
people are educated in republicanism; an apostasy from that to royalism,
is unprecedented and impossible. I am much pleased with the prospect
that a declaration of rights will be added; and I hope it will be done in
that way, which will not endanger the whole frame of government, or any
essential part of it.
I have hitherto avoided public news in my letters to you, because your
situation insured you a communication of my letters to Mr. Jay. This
circumstance being changed, I shall, in future, indulge myself in these
details to you. There had been some slight hopes, that an accommodation
might be effected between the Turks and two empires; but these hopes do
not strengthen, and the season is approaching which will put an end to
them, for another campaign, at least. The accident to the King of England
has had great influence on the affairs of Europe. His mediation, joined
with that of Prussia, would certainly have kept Denmark quiet, and so
have left the two empires in the hands of the Turks and Swedes. But the
inactivity to which England is reduced, leaves Denmark more free, and
she will probably go on in opposition to Sweden. The King of Prussia,
too, had advanced so far, that he can scarcely retire. This is rendered
the more difficult, by the troubles he has excited in Poland. He cannot
well abandon the party he had brought forward there; so that it is very
possible he may be engaged in the ensuing campaign. France will be quiet
this year, because this year, at least, is necessary for settling her
future constitution. The States will meet the 27th of April; and the
public mind will, I think, by that time, be ripe for a just decision of
the question, whether they shall vote by orders or persons. I think there
is a majority of the Nobles already for the latter. If so, their affairs
cannot but go on well. Besides settling for themselves a tolerably free
constitution, perhaps as free a one as the nation is as yet prepared
to bear, they will fund their public debts. This will give them such a
credit, as will enable them to borrow any money they may want, and of
course, to take the field again, when they think proper. And I believe
they mean to take the field, as soon as they can. The pride of every
individual in the nation, suffers under the ignominies they have lately
been exposed to, and I think the States General will give money for a war,
to wipe off the reproach. There have arisen new bickerings between this
court and that of the Hague; and the papers which have passed, show the
most bitter acrimony rankling at the heart of this ministry. They have
recalled their ambassador from the Hague, without appointing a successor.
They have given a note to the Diet of Poland, which shows a disapprobation
of their measures. The insanity of the King of England has been fortunate
for them, as it gives them time to put their house in order. The English
papers tell you the King is well; and even the English ministry say so.
They will naturally set the best foot foremost; and they guard his person
so well, that it is difficult for the public to contradict them. The King
is probably better, but not well, by a great deal. 1. He has been bled,
and judicious physicians say, that in his exhausted state, nothing could
have induced a recurrence to bleeding, but symptoms of relapse. 2. The
Prince of Wales tells the Irish deputation, he will give them a definitive
answer in some days; but if the King had been well, he could have given
it at once. 3. They talk of passing a standing law, for providing a
regency in similar cases. They apprehend then, they are not yet clear of
the danger of wanting a regency. 4. They have carried the King to church;
but it was his private chapel. If he be well, why do not they show him
publicly to the nation, and raise them from that consternation into which
they have been thrown, by the prospect of being delivered over to the
profligate hands of the Prince of Wales. In short, judging from little
facts, which are known in spite of their teeth, the King is better, but
not well. Possibly he is getting well, but still, time will be wanting
to satisfy even the ministry, that it is not merely a lucid interval.
Consequently, they cannot interrupt France this year in the settlement of
her affairs, and after this year it will be too late.
As you will be in a situation to know when the leave of absence will be
granted me, which I have asked, will you be so good as to communicate it,
by a line, to Mr. Lewis and Mr. Eppes? I hope to see you in the summer,
and that if you are not otherwise engaged, you will encamp with me at
Monticello for awhile.
I am, with great and sincere attachment, dear Sir, your affectionate
friend and servant.
TO THOMAS PAINE.
Paris, March 17, 1789.
Dear Sir,--My last letter to you extended from December the 23d to January
the 11th. A confidential opportunity now arising, I can acknowledge the
receipt of yours of January the 15th, at the date of which you could not
have received mine.
You knew, long ago, that the meeting of the States is to be at Versailles
on the 27th of April. This country is entirely occupied in its elections,
which go on quietly and well. The Duke d'Orleans is elected for Villers
Cotterels. The Prince of Condé has lost the election he aimed at; nor is
it certain he can be elected anywhere. We have no news from Auvergne,
whither the Marquis de La Fayette is gone. In general, all the men of
influence in the country are gone into the several provinces to get their
friends elected, or be elected themselves. Since my letter to you, a
tumult arose in Bretagne, in which four or five lives were lost. They are
now quieter, and this is the only instance of a life lost, as yet, in this
revolution. The public mind is now so far ripened by time and discussion,
that there seems to be but one opinion on the principal points. The
question of voting by persons of orders is the most controverted; but even
that seems to have gained already a majority among the Nobles. I fear more
from the number of the Assembly, than from any other cause. Twelve hundred
persons are difficult to keep to order, and will be so, especially, till
they shall have had time to frame rules of order. Their funds continue
stationary, and at the level they have stood at for some years past. We
hear so little of the parliaments for some time past, that one is hardly
sensible of their existence. This unimportance is probably the forerunner
of their total re-modification by the nation. The article of legislation,
is the only interesting one on which the court has not explicitly declared
itself to the nation. The Duke d'Orleans has given instructions to his
proxies in the baillages, which would be deemed bold in England, and are
reasonable beyond the reach of an Englishman, who, slumbering under a kind
of half reformation in politics and religion, is not excited by anything
he sees or feels, to question the remains of prejudice. The writers of
this country, now taking the field freely and unrestrained, or rather
involved by prejudice, will rouse us all from the errors in which we have
been hitherto rocked.
We had, at one time, some hope that an accommodation would have been
effected between the Turks and two empires. Probably the taking Oczakow,
while it has attached the Empress more to the Crimea, is not important
enough to the Turks, to make them consent to peace. These hopes are
vanishing. Nor does there seem any prospect of peace between Russia and
Sweden. The palsied condition of England leaves it probable that Denmark
will pursue its hostilities against Sweden. It does not seem certain
whether the King of Prussia has advanced so far in that mediation, and in
the troubles he has excited in Poland, as to be obliged to become a party.
Nor will his becoming a party draw in this country, the present year, if
England remains quiet. Papers which lately passed between this court and
the government of Holland, prove that this nourishes its discontent, and
only waits to put its house in order, before it interposes. They have
recalled their ambassador from the Hague, without naming a successor. The
King of Sweden, not thinking that Russia and Denmark are enough for him,
has arrested a number of his Nobles, of principal rank and influence. It
is a bold measure, at least, and he is too boyish a character to authorize
us to presume it a wise one, merely because he has adopted it. His army
was before disgusted. He now puts the Nobles and all their dependents on
the same side, and they are sure of armed support, by Russia on the north,
and Denmark on the south. He can have no salvation but in the King of
Prussia.
I have received two letters from Ledyard, the one dated Alexandria, August
the 15th, the other Grand Cairo, September the 10th; and one lately from
Admiral Paul Jones, dated St. Petersburg, January the 31st. He was just
arrived there, on the call of the Empress, and was uncertain where he
should be employed the next campaign. Mr. Littlepage has returned from the
Black Sea to Warsaw, where he has been perfectly received by the King. I
saw this from under the King's own hand, and was pleased with the parental
expressions towards him.
We have no news from America later than the middle of January. My letters
inform me that even the friends of the new Constitution have come over
to the expediency of adding a declaration of rights. There is reason to
hope that this will be proposed by Congress to the several legislatures,
and that the plan of New York for calling a new convention, will be
rejected. Hitherto no State had acceded to it but Virginia, in which Henry
and anti-federalism had got full possession of their legislature. But
the people are better disposed. My departure for America is likely to be
retarded, by the want of a Congress to give me permission. I must obtain
it from the new government. I am anxious to know how much we ought to
believe of the recovery of the King of England. By putting little facts
together, I see that he is not well. Mr. Rumsey (who came in while I was
writing the preceding page) tells me you have a long letter ready for me.
I shall be happy to receive it.
I am, with great and sincere attachment, dear Sir, your affectionate
friend and servant.
TO COLONEL HUMPHREYS.
Paris, March 18, 1789.
Dear Sir,--Your favor of November the 29th, 1788, came to hand the last
month. How it happened that mine of August, 1787, was fourteen months on
its way, is inconceivable. I do not recollect by what conveyance I sent
it. I had concluded, however, either that it had miscarried, or that
you had become indolent, as most of our countrymen are, in matters of
correspondence.
The change in this country since you left it, is such as you can form
no idea of. The frivolities of conversation have given way entirely to
politics. Men, women and children talk nothing else; and all, you know,
talk a great deal. The press groans with daily productions, which, in
point of boldness, makes an Englishman stare, who hitherto has thought
himself the boldest of men. A complete revolution in this government has,
within the space of two years, (for it began with the Notables of 1787,)
been effected merely by the force of public opinion, aided, indeed, by
the want of money, which the dissipations of the court had brought on.
And this revolution has not cost a single life, unless we charge to it
a little riot lately in Bretagne, which began about the price of bread,
became afterwards political, and ended in the loss of four or five
lives. The assembly of the States General begins the 27th of April. The
representation of the people will be perfect. But they will be alloyed by
an equal number of nobility and clergy. The first great question they will
have to decide will be, whether they shall vote by orders or persons. And
I have hopes that the majority of the Nobles are already disposed to join
the Tiers Etat, in deciding that the vote shall be by persons. This is
the opinion _a la mode_ at present, and mode has acted a wonderful part in
the present instance. All the handsome young women, for example, are for
the Tiers Etat, and this is an army more powerful in France, than the two
hundred thousand men of the King. Add to this, that the court itself is
for the Tiers Etat, as the only agent which can relieve their wants; not
by giving money themselves, (they are squeezed to the last drop,) but by
pressing it from the non-contributing orders. The King stands engaged to
pretend no more to the power of laying, continuing or appropriating taxes;
to call the States General periodically; to submit _lettres de cachet_
to legal restrictions; to consent to freedom of the press; and that all
this shall be fixed by a fundamental constitution, which shall bind his
successors. He has not offered a participation in the legislature, but
it will surely be insisted on. The public mind is so ripened on all these
subjects, that there seems to be now but one opinion. The clergy, indeed,
think separately, and the old men among the Nobles; but their voice is
suppressed by the general one of the nation. The writings published on
this occasion are, some of them, very valuable; because, unfettered by
the prejudices under which the English labor, they give a full scope to
reason, and strike out truths, as yet unperceived and unacknowledged on
the other side the channel. An Englishman, dosing under a kind of half
reformation, is not excited to think by such gross absurdities as stare a
Frenchman in the face, wherever he looks, whether it be towards the throne
or the altar. In fine, I believe this nation will, in the course of the
present year, have as full a portion of liberty dealt out to them, as the
nation can bear at present, considering how uninformed the mass of their
people is. This circumstance will prevent the immediate establishment
of the trial by jury. The palsied state of the executive in England is a
fortunate circumstance for France, as it will give her time to arrange her
affairs internally. The consolidation and funding their debts, will give
government a credit which will enable them to do what they please. For
the present year, the war will be confined to the two empires and Denmark,
against Turkey and Sweden. It is not yet evident whether Prussia will be
engaged. If the disturbances of Poland break out into overt acts, it will
be a power divided in itself, and so of no weight. Perhaps, by the next
year, England and France may be ready to take the field. It will depend on
the former principally; for the latter, though she may be then able, must
wish a little time to see her new arrangements well under way. The English
papers and English ministry say the King is well. He is better but not
well; no malady requires a longer time to insure against its return, than
insanity. Time alone can distinguish accidental insanity from habitual
lunacy.
The operations which have taken place in America lately, fill me with
pleasure. In the first place, they realize the confidence I had, that
whenever our affairs go obviously wrong, the good sense of the people will
interpose, and set them to rights. The example of changing a constitution,
by assembling the wise men of the State, instead of assembling armies,
will be worth as much to the world as the former examples we had given
them. The Constitution, too, which was the result of our deliberations,
is unquestionably the wisest ever yet presented to men, and some of the
accommodations of interest which it has adopted, are greatly pleasing
to me, who have before had occasions of seeing how difficult those
interests were to accommodate. A general concurrence of opinion seems
to authorize us to say, it has some defects. I am one of those who
think it a defect, that the important rights, not placed in security
by the frame of the Constitution itself, were not explicitly secured
by a supplementary declaration. There are rights which it is useless to
surrender to the government, and which governments have yet always been
found to invade. These are the rights of thinking, and publishing our
thoughts by speaking or writing; the right of free commerce; the right of
personal freedom. There are instruments for administering the government,
so peculiarly trust-worthy, that we should never leave the legislature
at liberty to change them. The new Constitution has secured these in
the executive and legislative department; but not in the judiciary. It
should have established trials by the people themselves, that is to say,
by jury. There are instruments so dangerous to the rights of the nation,
and which place them so totally at the mercy of their governors, that
those governors, whether legislative or executive, should be restrained
from keeping such instruments on foot, but in well-defined cases. Such
an instrument is a standing army. We are now allowed to say, such a
declaration of rights, as a supplement to the constitution where that is
silent, is wanting, to secure us in these points. The general voice has
legitimated this objection. It has not, however, authorized me to consider
as a real defect, what I thought and still think one, the perpetual
re-eligibility of the President. But three States out of eleven, having
declared against this, we must suppose we are wrong, according to the
fundamental law of every society, the _lex majoris partis_, to which we
are bound to submit. And should the majority change their opinion, and
become sensible that this trait in their Constitution is wrong, I would
wish it to remain uncorrected, as long as we can avail ourselves of the
services of our great leader, whose talents and whose weight of character,
I consider as peculiarly necessary to get the government so under way, as
that it may afterwards be carried on by subordinate characters.
I must give you sincere thanks, for the details of small news contained in
your letter. You know how precious that kind of information is to a person
absent from his country, and how difficult it is to be procured. I hope,
to receive soon permission to visit America this summer, and to possess
myself anew, by conversation with my countrymen, of their spirit and their
ideas. I know only the Americans of the year 1784. They tell me this is
to be much a stranger to those of 1789. This renewal of acquaintance is no
indifferent matter to one, acting at such a distance, as that instructions
cannot be received hot and hot. One of my pleasures, too, will be that of
talking over the old and new with you. In the meantime, and at all times,
I have the honor to be, with great and sincere esteem, dear Sir, your
friend and servant.
TO DOCTOR WILLARD.
Paris, March 24, 1789.
Sir,--I have been lately honored with your letter of September the
24th, 1788, accompanied by a diploma for a Doctorate of Laws, which the
University of Harvard has been pleased to confer on me. Conscious how
little I merit it, I am the more sensible of their goodness and indulgence
to a stranger, who has had no means of serving or making himself known to
them. I beg you to return them my grateful thanks, and to assure them that
this notice from so eminent a seat of science, is very precious to me.
The most remarkable publications we have had in France, for a year or two
past, are the following: "Les Voyages d'Anacharsis par l'Abbé Barthelemi,"
seven volumes, octavo. This is a very elegant digest of whatever is known
of the Greeks; useless, indeed, to him who has read the Original authors,
but very proper for one who reads modern languages only. The works of
the King of Prussia. The Berlin edition is in sixteen volumes, octavo.
It is said to have been gutted at Berlin; and here it has been still
more mangled. There are one or two other editions published abroad, which
pretend to have rectified the maltreatment both of Berlin and Paris. Some
time will be necessary to settle the public mind, as to the best edition.
Montignot has given us the original Greek, and a French translation of
the seventh book of Ptolemy's great work, under the title of "Etat des
Etoiles fixes au second Siecle," in quarto. He has given the designation
of the same stars by Flamstead and Beyer, and their position in the year
1786. A very remarkable work is the "Mechanique Analytique," of Le Grange,
in quarto. He is allowed to be the greatest mathematician now living,
and his personal worth is equal to his science. The object of his work
is to reduce all the principles of mechanics to the single one of the
equilibrium, and to give a simple formula applicable to them all. The
subject is treated in the algebraic method, without diagrams to assist
the conception. My present occupations not permitting me to read anything
which requires a long and undisturbed attention, I am not able to give you
the character of this work from my own examination. It has been received
with great approbation in Europe. In Italy, the works of Spallanzani on
Digestion and Generation, are valuable. Though, perhaps, too minute, and
therefore tedious, he has developed some useful truths, and his book is
well worth attention; it is in four volumes, octavo. Clavigaro, an Italian
also, who has resided thirty-six years in Mexico, has given us a history
of that country, which certainly merits more respect than any other
work on the same subject. He corrects many errors of Dr. Robertson; and
though sound philosophy will disapprove many of his ideas, we may still
consider it as an useful work, and assuredly the best we possess on the
same subject. It is in four thin volumes, small quarto. De La Lande has
not yet published a fifth volume.
The chemical dispute about the conversion and reconversion of air and
water, continues still undecided. Arguments and authorities are so
balanced, that we may still safely believe, as our fathers did before us,
that these principles are distinct. A schism of another kind, has taken
place among the chemists. A particular set of them here, have undertaken
to remodel all the terms of the science, and to give to every substance
a new name, the composition, and especially the termination of which,
shall define the relation in which it stands to other substances of the
same family. But the science seems too much in its infancy as yet, for
this reformation; because, in fact, the reformation of this year must be
reformed again the next year, and so on, changing the names of substances
as often as new experiments develop properties in them undiscovered
before. The new nomenclature has, accordingly, been already proved to
need numerous and important reformations. Probably it will not prevail.
It is espoused by the minority only here, and by very few, indeed, of the
foreign chemists. It is particularly rejected in England.
In the arts, I think two of our countrymen have presented the most
important inventions. Mr. Paine, the author of "Common Sense," has
invented an iron bridge, which promises to be cheaper by a great deal
than stone, and to admit of a much greater arch. He supposes it may be
ventured for an arch of five hundred feet. He has obtained a patent for
it in England, and is now executing the first experiment with an arch of
between ninety and one hundred feet. Mr. Rumsey has also obtained a patent
for his navigation by the force of steam, in England, and is soliciting a
similar one here. His principal merit is in the improvement of the boiler,
and, instead of the complicated machinery of oars and paddles, proposed
by others, the substitution of so simple a thing as the reaction of a
stream of water on his vessel. He is building a sea vessel at this time in
England, and she will be ready for an experiment in May. He has suggested
a great number of mechanical improvements in a variety of branches; and
upon the whole, is the most original and the greatest mechanical genius
I have ever seen. The return of La Peyrouse (whenever that shall happen)
will probably add to our knowledge in Geography, Botany, and Natural
History. What a field have we at our doors to signalize ourselves in!
The Botany of America is far from being exhausted, its Mineralogy is
untouched, and its Natural History or Zoology, totally mistaken and
misrepresented. As far as I have seen, there is not one single species of
terrestrial birds common to Europe and America, and I question if there
be a single species of quadrupeds. (Domestic animals are to be excepted.)
It is for such institutions as that over which you preside so worthily,
Sir, to do justice to our country, its productions and its genius. It is
the work to which the young men, whom you are forming, should lay their
hands. We have spent the prime of our lives in procuring them the precious
blessing of liberty. Let them spend theirs in showing that it is the great
parent of _science_ and of virtue; and that a nation will be great in
both, always in proportion as it is free. Nobody wishes more warmly for
the success of your good exhortations on this subject, than he who has the
honor to be, with sentiments of great esteem and respect, Sir, your most
obedient humble servant.
TO J. SARSFIELD.
Paris, April 3, 1789.
Sir,--I could not name to you the day of my departure from Paris, because
I do not know it. I have not yet received my congé, though I hope to
receive it soon, and to leave this some time in May, so that I may be back
before the winter.
_Impost_ is a duty paid on any imported article, in the _moment of its
importation_, and of course it is collected in the seaports only. _Excise_
is a duty on any article, whether imported or raised at home, and paid
in the _hands of the consumer or retailer_; consequently, it is collected
through the whole country. These are the true definitions of these words
as used in England, and in the greater part of the United States. But in
Massachusetts, they have perverted the word excise to mean a tax on all
liquors, whether paid in the moment of importation or at a later moment,
and on nothing else. So that in reading the debates of the Massachusetts
convention, you must give this last meaning to the word excise.
_Rotation_ is the change of officers required by the laws at certain
epochs, and _in a certain order_: thus, in Virginia, our justices of the
peace are made sheriffs one after the other, each remaining in office two
years, and then yielding it to his next brother in order of seniority.
This is the just and classical meaning of the word. But in America, we
have extended it (for want of a proper word) to all cases of officers who
must be necessarily changed at a fixed epoch, though the successor be not
pointed out in any particular order, but comes in by free election. By the
term _rotation in office_, then we mean _an obligation on the holder of
that office to go out at a certain period_. In our first Confederation,
the principle of rotation was established in the office of President of
Congress, who could serve but one year in three, and in that of a member
of Congress, who could serve but three years in six.
I believe all the countries in Europe determine their standard of money
in gold as well as silver. Thus, the laws of England direct that a pound
Troy of gold, of twenty-two carats fine, shall be cut into forty-four
and a half guineas, each of which shall be worth twenty-one and a half
shillings, that is, into 956 3-4 shillings. This establishes the shilling
at 5.518 grains of _pure_ gold. They direct that a pound of silver,
consisting of 11 1-10 ounces of pure silver and 9-10 of an ounce alloy,
shall be cut into sixty-two shillings. This establishes the shilling at
85.93 grains of pure silver, and, consequently, the proportion of gold to
silver as 85.93 to 5.518, or as 15.57 to 1. If this be the true proportion
between the value of gold and silver at the general market of Europe,
then the value of the shilling, depending on two standards, is the same,
whether a payment be made in gold or in silver. But if the proportion of
the general market at Europe be as fifteen to one, then the Englishman who
owes a pound weight of gold at Amsterdam, if he sends the pound of gold to
pay it, sends 1043.72 shillings; if he sends fifteen pounds of silver, he
sends only 1030.5 shillings; if he pays half in gold and half in silver,
he pays only 1037.11 shillings. And this medium between the two standards
of gold and silver, we must consider as furnishing the true medium value
of the shilling. If the parliament should now order the pound of gold (of
one-twelfth alloy as before) to be put into a thousand shillings instead
of nine hundred and fifty-six and three-fourths, leaving the silver as
it is, the medium or true value of the shilling would suffer a change of
half the difference; and in the case before stated, to pay a debt of a
pound weight of gold, at Amsterdam, if he sent the pound weight of gold,
he would send 1090.9 shillings; if he sent fifteen pounds of silver, he
would send 1030.5 shillings; if half in gold and half in silver, he would
send 1060.7 shillings; which shows that this parliamentary operation would
reduce the value of the shilling in the proportion of 1060.7 to 1037.11.
Now this is exactly the effect of the late change in the quantity of
gold contained in your louis. Your _marc d'argent fin_ is cut into 53.45
livres (fifty-three livres and nine sous), the _marc de l'or fin_ was
cut, heretofore, by law, into 784.6 livres (seven hundred and eighty-four
livres and twelve sous); gold was to silver then as 14.63 to 1. And if
this was different from the proportion at the markets of Europe, the
true value of your livre stood half way between the two standards. By the
ordinance of October the 30th, 1785, the _marc_ of pure gold has been cut
into 828.6 livres. If your standard had been in gold alone, this would
have reduced the value of your livre in the proportion of 828.6 to 784.6.
But as you had a standard of silver as well as gold, the true standard is
the medium between the two; consequently the value of the livre is reduced
only one-half the difference, that is, as 806.6 to 784.6, which is very
nearly three per cent. Commerce, however, has made a difference of four
per cent., the average value of the pound sterling, formerly twenty-four
livres, being now twenty-five livres. Perhaps some other circumstance has
occasioned an addition of one per cent. to the change of your standard.
I fear I have tired you by these details. I did not mean to be so lengthy
when I began. I beg you to consider them as an appeal to your judgment,
which I value, and from which I will expect a correction, if they are
wrong.
I have the honor to be, with very great esteem and attachment, dear Sir,
your most obedient, and most humble servant.
TO THE MARQUIS DE LA FAYETTE
Paris, May 6, 1789.
My Dear Friend,--As it becomes more and more possible that the Noblesse
will go wrong, I become uneasy for you. Your principles are decidedly with
the Tiers Etat, and your instructions against them. A complaisance to the
latter on some occasions, and an adherence to the former on others, may
give an appearance of trimming between the two parties, which may lose
you both. You will, in the end, go over wholly to the Tiers Etat, because
it will be impossible for you to live in a constant sacrifice of your own
sentiments to the prejudices of the Noblesse. But you would be received
by the Tiers Etat at any future day, coldly, and without confidence.
This appears to me the moment to take at once that honest and manly stand
with them which your own principles dictate. This will win their hearts
forever, be approved by the world, which marks and honors you as the
man of the people, and will be an eternal consolation to yourself. The
Noblesse, and especially the Noblesse of Auvergne, will always prefer
men who will do their dirty work for them. You are not made for that.
They will therefore soon drop you, and the people, in that case, will
perhaps not take you up. Suppose a scission should take place. The Priests
and Nobles will secede, the nation will remain in place, and, with the
King, will do its own business. If violence should be attempted, where
will you be? You cannot then take side with the people in opposition
to your own vote, that very vote which will have helped to produce the
scission. Still less can you array yourself against the people. That
is impossible. Your instructions are indeed a difficulty. But to state
this at its worst it is only a single difficulty, which a single effort
surmounts. Your instructions can never embarrass you a second time,
whereas an acquiescence under them will reproduce greater difficulties
every day, and without end. Besides, a thousand circumstances offer as
many justifications of your departure from your instructions. Will it
be impossible to persuade all parties that (as for good legislation two
Houses are necessary) the placing the privileged classes together in one
House, and the unprivileged in another, would be better for both than a
scission? I own, I think it would. People can never agree without some
sacrifices; and it appears but a moderate sacrifice in each party, to
meet on this middle ground. The attempt to bring this about might satisfy
your instructions, and a failure in it would justify your siding with the
people, even to those who think instructions are laws of conduct. Forgive
me, my dear friend, if my anxiety for you makes me talk of things I know
nothing about. You must not consider this as advice. I know you and myself
too well to presume to offer advice. Receive it merely as the expression
of my uneasiness, and the effusion of that sincere friendship with which
I am, my dear Sir, yours affectionately.
TO WILLIAM CARMICHAEL.
Paris, May 8, 1789.
Dear Sir,--Your favor of January the 26th, to March the 27th, is duly
received, and I thank you for the interesting papers it contained. The
answer of Don Ulloa, however, on the subject of the canal through the
American isthmus, was not among them, though mentioned to be so. If
you have omitted it through accident, I shall thank you for it at some
future occasion, as I wish much to understand that subject thoroughly.
Our American information comes down to the 16th of March. There had
not yet been members enough assembled of the new Congress to open the
tickets. They expected to do it in a day or two. In the meantime, it was
said from all the States, that their vote had been unanimous for General
Washington, and a good majority in favor of Mr. Adams, who is certainly,
therefore, Vice President. The new government would be supported by very
cordial and very general dispositions in its favor from the people. I
have not yet seen a list of the new Congress. This delay in the meeting
of the new government, has delayed the determination on my petition for
leave of absence. However, I expect to receive it every day, and am in
readiness to sail the instant I receive it, so that this is probably the
last letter I shall write you hence till my return. While there, I shall
avail government of the useful information I have received from you, and
shall not fail to profit of any good occasion which may occur, to show the
difference between your real situation and what it ought to be. I consider
Paris and Madrid as the only two points at which Europe and America should
touch closely, and that a connection at these points should be fostered.
We have had, in this city, a very considerable riot, in which about one
hundred people have been probably killed. It was the most unprovoked, and
is, therefore, justly, the most unpitied catastrophe of that kind I ever
knew. Nor did the wretches know what they wanted, except to do mischief.
It seems to have had no particular connection with the great national
question now in agitation. The want of bread is very seriously dreaded
through the whole kingdom. Between twenty and thirty ship loads of wheat
and flour has already arrived from the United States, and there will
be about the same quantity of rice sent from Charleston to this country
directly, of which about half has arrived. I presume that between wheat
and rice, one hundred ship loads may be counted on in the whole from us.
Paris consumes about a ship load a day (say two hundred and fifty tons).
The total supply of the West Indies for this year, rests with us, and
there is almost a famine in Canada and Nova Scotia. The States General
were opened the day before yesterday. Viewing it as an opera, it was
imposing; as a scene of business, the King's speech was exactly what it
should have been, and very well delivered; not a word of the Chancellor's
was heard by anybody, so that, as yet, I have never heard a single guess
at what it was about. Mr. Neckar's was as good as such a number of details
would permit it to be. The picture of their resources was consoling, and
generally plausible. I could have wished him to have dwelt more on those
great constitutional reformations, which his "Rapport au roy" had prepared
us to expect. But they observe, that these points were proper for the
speech of the Chancellor. We are in hopes, therefore, they were in that
speech, which, like the Revelations of St. John, were no revelations at
all. The Noblesse, on coming together, show that they are not as much
reformed in their principles as we had hoped they would be. In fact, there
is real danger of their totally refusing to vote by persons. Some found
hopes on the lower clergy, which constitute four-fifths of the deputies
of that order. If they do not turn the balance in favor of the Tiers
Etat, there is real danger of a scission. But I shall not consider even
that event as rendering things desperate. If the King will do business
with the Tiers Etat, which constitutes the nation, it may be well done
without Priests or Nobles. From the best information I can obtain, the
King of England's madness has terminated in an imbecility, which may very
possibly be of long continuance. He is going with his Queen to Germany.
England chained to rest, the other parts of Europe may recover or retain
tranquillity.
I have the honor to be, with great and sincere esteem, dear Sir, your most
obedient, and most humble servant.
TO MR. LITTLEPAGE.
Paris, May 8, 1789.
Dear Sir,--Your favor of February 12th has been duly received, and in
exchange for its information, I shall give you that which you desire
relative to American affairs. Those of Europe you can learn from other
sources. All our States acceded unconditionally to the new Constitution,
except North Carolina and Rhode Island. The latter rejects it in toto.
North Carolina neither rejected nor received it, but asked certain
amendments before it should receive it. Her amendments concur with those
asked by Virginia, New York and Massachusetts, and consist chiefly in a
declaration of rights. Even the warmest friends to the new form begin to
be sensible it wants the security, and it is pretty generally agreed that
a declaration of rights shall be added. New York and Virginia, though
they have acceded to this government, are less contented with it than the
others. In New York, it is the effect of the intrigues and influence of
Governor Clinton, who it is hoped will be exchanged for a Judge Yates.
In Virginia, it is perhaps the apprehension that the new government will
oblige them to pay their debts. Our letters are as late as the 16th of
March. There were not yet members enough of the new Congress assembled to
open the tickets. It was expected there would be in two or three days.
Information, however, from all the States, gave reason to be satisfied
that General Washington was elected unanimously, and Mr. John Adams by a
sufficient plurality to ensure his being the Vice President. The elections
to Congress had been almost entirely in favor of persons well-disposed
to the new government, which proves the mass of the people in its favor.
In general, there are the most favorable dispositions to support it,
and those heretofore disheartened, now write in great confidence of our
affairs. That spirit of luxury which sprung up at the peace, has given
place to a laudable economy. Home manufactures are encouraged, and the
balance last year was greatly on the side of exportation. The settlement
of the Western country has gone on with astonishing rapidity. A late
unaccountable event may slacken by scattering it. Spain has granted the
exclusive navigation of the Mississippi, with a large tract of country
on the western side of the river, to Col. Morgan of New Jersey, to whom
great numbers of settlers are flocking over from Kentucky. While this
measure weakens somewhat the United States for the present, it begins
our possession of that country considerably sooner than I had expected,
and without a struggle till no struggle can be made. Great crops of corn
last year in the United States, and a great demand for it in British and
French America, and in Europe. Remarkable deaths are, Gen. Nelson, and
John Bannisters, father and son. I expect every day to receive a leave of
absence for six months, and shall sail within a week after receiving it.
I hope to be back before winter sets in. I have the honor to be, with very
great esteem, dear Sir, your most obedient humble servant.
TO JOHN JAY.
Paris, May 9, 1789.
Sir,--Since my letter of March the 1st, by the way of Havre, and those of
March the 12th and 15th, by the way of London, no opportunity of writing
has occurred, till the present to London.
There are no symptoms of accommodation between the Turks and two empires,
nor between Russia and Sweden. The Emperor was, on the 16th of the last
month, expected to die, certainly; he was, however, a little better when
the last news came away, so that hopes were entertained of him; but it
is agreed that he cannot get the better of his complaints ultimately, so
that his life is not at all counted on. The Danes profess, as yet, to do
no more against Sweden than furnish their stipulated aid. The agitation
of Poland is still violent, though somewhat moderated by the late change
in the demeanor of the King of Prussia. He is much less thrasonic than
he was. This is imputed to the turn which the English politics may be
rationally expected to take. It is very difficult to get at the true state
of the British King; but from the best information we can get, his madness
has gone off, but he is left in a state of imbecility and melancholy.
They are going to carry him to Hanover, to see whether such a journey
may relieve him. The Queen accompanies him. If England should, by this
accident, be reduced to inactivity, the southern countries of Europe may
escape the present war. Upon the whole, the prospect for the present year,
if no unforeseen accident happens, is, certain peace for the powers not
already engaged, a probability that Denmark will not become a principal,
and a mere possibility that Sweden and Russia may be accommodated. The
interior disputes of Sweden are so exactly detailed in the Leyden gazette,
that I have nothing to add on that subject.
The revolution of this country has advanced thus far, without encountering
anything which deserves to be called a difficulty. There have been riots
in a few instances, in three or four different places, in which there
may have been a dozen or twenty lives lost. The exact truth is not to
be got at. A few days ago, a much more serious riot took place in this
city, in which it became necessary for the troops to engage in regular
action with the mob, and probably about one hundred of the latter were
killed. Accounts vary from twenty to two hundred. They were the most
abandoned banditti of Paris, and never was a riot more unprovoked and
unpitied. They began, under a pretence that a paper manufacturer had
proposed in an assembly to reduce their wages to fifteen sous a day.
They rifled his house, destroyed everything in his magazines and shops,
and were only stopped in their career of mischief by the carnage above
mentioned. Neither this nor any other of the riots, have had a professed
connection with the great national reformation going on. They are such as
have happened every year since I have been here, and as will continue to
be produced by common incidents. The States General were opened on the
4th instant, by a speech from the throne, one by the Garde des Sceaux,
and one from Mr. Neckar. I hope they will be printed in time to send you
herewith: lest they should not, I will observe, that that of Mr. Neckar
stated the real and ordinary deficit to be fifty-six millions, and that
he showed that this could be made up without a new tax, by economies
and bonifications which he specified. Several articles of the latter
are liable to the objection, that they are proposed on branches of the
revenue, of which the nation has demanded a suppression. He tripped too
lightly over the great articles of constitutional reformation, these being
not as clearly enounced in this discourse as they were in his "Rapport
au roy," which I sent you some time ago. On the whole, his discourse
has not satisfied the patriotic party. It is now, for the first time,
that their revolution is likely to receive a serious check, and begins
to wear a fearful appearance. The progress of light and liberality in
the order of the Noblesse, has equalled expectation in Paris only and
its vicinities. The great mass of deputies of that order, which come
from the country, show that the habits of tyranny over the people are
deeply rooted in them. They will consent, indeed, to equal taxation;
but five-sixths of that chamber are thought to be, decidedly, for voting
by orders; so that, had this great preliminary question rested on this
body, which formed heretofore the sole hope, that hope would have been
completely disappointed. Some aid, however, comes in from a quarter whence
none was expected. It was imagined the ecclesiastical elections would
have been generally in favor of the higher clergy; on the contrary, the
lower clergy have obtained five-sixths of these deputations. These are
the sons of peasants, who have done all the drudgery of the service for
ten, twenty and thirty guineas a year, and whose oppressions and penury,
contrasted with the pride and luxury of the higher clergy, have rendered
them perfectly disposed to humble the latter. They have done it, in many
instances, with a boldness they were thought insusceptible of. Great hopes
have been formed, that these would concur with the Tiers Etat in voting
by persons. In fact, about half of them seem as yet so disposed; but the
bishops are intriguing, and drawing them over with the address which has
ever marked ecclesiastical intrigue. The deputies of the Tiers Etat seem,
almost to a man, inflexibly determined against the vote by orders. This
is the state of parties, as well as can be judged from conversation only,
during the fortnight they have been now together. But as no business
has been yet begun, no votes as yet taken, this calculation cannot be
considered as sure. A middle proposition is talked of, to form the two
privileged orders into one chamber. It is thought more possible to bring
them into it than the Tiers Etat. Another proposition is, to distinguish
questions, referring those of certain descriptions to a vote by persons,
others to a vote by orders. This seems to admit of endless altercation,
and the Tiers Etat manifest no respect for that, or any other modification
whatever. Were this single question accommodated, I am of opinion, there
would not occur the least difficulty in the great and essential points of
constitutional reformation. But on this preliminary question the parties
are so irreconcilable, that it is impossible to foresee what issue it
will have. The Tiers Etat, as constituting the nation, may propose to
do the business of the nation, either with or without the minorities in
the Houses of Clergy and Nobles which side with them. In that case, if
the King should agree to it, the majorities in those two Houses would
secede, and might resist the tax gatherers. This would bring on a civil
war. On the other hand, the privileged orders, offering to submit to equal
taxation, may propose to the King to continue the government in its former
train, resuming to himself the power of taxation. Here, the tax gatherers
might be resisted by the people. In fine, it is but too possible, that
between parties so animated, the King may incline the balance as he
pleases. Happy that he is an honest, unambitious man, who desires neither
money or power for himself; and that his most operative minister, though
he has appeared to trim a little, is still, in the main, a friend to
public liberty.
I mentioned to you in a former letter, the construction which our bankers
at Amsterdam had put on the resolution of Congress, appropriating the last
Dutch loan, by which the money for our captives would not be furnished
till the end of the year 1790. Orders from the board of treasury have now
settled this question. The interest of the next month is to be first paid,
and after that, the money for the captives and foreign officers is to be
furnished, before any other payment of interest. This insures it when the
next February interest becomes payable. My representations to them, on
account of the contracts I had entered into for making the medals, have
produced from them the money of that object, which is lodged in the hands
of Mr. Grand.
Mr. Neckar, in his discourse, proposes among his bonifications of revenue,
the suppressions of our two free ports of Bayonne and L'Orient, which,
he says, occasion a loss of six hundred thousand livres annually, to the
crown, by contraband. (The speech being not yet printed, I state this only
as it struck my ear when he delivered it. If I have mistaken it, I beg you
to receive this as my apology, and to consider what follows as written
on that idea only.) I have never been able to see that these free ports
were worth one copper to us. To Bayonne our trade never went, and it is
leaving L'Orient. Besides, the right of entrepôt is a perfect substitute
for the right of free port. The latter is a little less troublesome only,
to the merchants and captains. I should think, therefore, that a thing
so useless to us and prejudicial to them might be relinquished by us, on
the common principles of friendship. I know the merchants of these ports
will make a clamor, because the franchise covers their contraband with all
the world. Has Monsieur de Moustier said anything to you on this subject?
It has never been mentioned to me. If not mentioned in either way, it is
rather an indecent proceeding, considering that this right of free port is
founded in treaty. I shall ask of M. de Montmorin, on the first occasion,
whether he has communicated this to you through his ministry; and if he
has not, I will endeavor to notice the infraction to him in such a manner,
as neither to reclaim nor abandon the right of free port, but leave our
government free to do either.
The gazettes of France and Leyden, as usual, will accompany this. I am in
hourly expectation of receiving from you my leave of absence, and keep
my affairs so arranged, that I can leave Paris within eight days after
receiving the permission. I have the honor to be, with sentiments of the
most perfect esteem and respect, Sir, your most obedient, and most humble
servant.
TO GENERAL WASHINGTON.
Paris, May 10, 1789.
Sir,--I am now to acknowledge the honor of your two letters of Nov. the
27th and Feb. the 13th, both of which have come to hand since my last to
you of Dec. the 4th and 5th. The details you are so good as to give me on
the subject of the navigation of the waters of the Potomac and Ohio, are
very pleasing to me, as I consider the union of these two rivers, as among
the strongest links of connection between the eastern and western sides of
our confederacy. It will, moreover, add to the commerce of Virginia, in
particular, all the upper parts of the Ohio and its waters. Another vast
object, and of much less difficulty, is to add, also, all the country on
the lakes and their waters. This would enlarge our field immensely, and
would certainly be effected by an union of the upper waters of the Ohio
and lake Erie. The Big Beaver and Cayahoga offer the most direct line,
and according to information I received from General Hand, and which
I had the honor of writing you in the year 1783, the streams in that
neighborhood head in lagoons, and the country is flat. With respect to
the doubts which you say are entertained by some, whether the upper waters
of Potomac can be rendered capable of navigation on account of the falls
and rugged banks, they are answered, by observing, that it is reduced to
a maxim, that whenever there is water enough to float a batteau, there
may be navigation for a batteau. Canals and locks may be necessary, and
they are expensive; but I hardly know what expense would be too great, for
the object in question. Probably, negotiations with the Indians, perhaps
even settlement, must precede the execution of the Cayahoga canal. The
States of Maryland and Virginia should make a common object of it. The
navigation, again, between Elizabeth River and the Sound, is of vast
importance, and in my opinion, it is much better that these should be done
at public than private expense.
Though we have not heard of the actual opening of the new Congress, and
consequently, have not official information of your election as President
of the United States, yet, as there never could be a doubt entertained of
it, permit me to express here my felicitations, not to yourself, but to
my country. Nobody who has tried both public and private life, can doubt
but that you were much happier on the banks of the Potomac than you will
be at New York. But there was nobody so well qualified as yourself, to put
our new machine into a regular course of action; nobody, the authority
of whose name could have so effectually crushed opposition at home, and
produced respect abroad. I am sensible of the immensity of the sacrifice
on your part. Your measure of fame was full to the brim; and, therefore,
you have nothing to gain. But there are cases wherein it is a duty to
risk all against nothing, and I believe this was exactly the case. We may
presume, too, according to every rule of probability, that after doing
a great deal of good, you will be found to have lost nothing but private
repose.
In a letter to Mr. Jay, of the 19th of Nov., I asked a leave of absence
to carry my children back to their own country, and to settle various
matters of a private nature, which were left unsettled, because I had
no idea of being absent so long. I expected that letter would have been
received in time to be decided on by the Government then existing. I know
now that it would arrive when there was no Congress, and consequently,
that it must have awaited your arrival at New York. I hope you found
the request not an unreasonable one. I am excessively anxious to receive
the permission without delay, that I may be able to get back before the
winter sets in. Nothing can be so dreadful to me, as to be shivering
at sea for two or three months in a winter passage. Besides, there has
never been a moment at which the presence of a minister here could be so
well dispensed with, from certainty of no war this summer, and that the
government will be so totally absorbed in domestic arrangements, as to
attend to nothing exterior. Mr. Jay will, of course, communicate to you
some ciphered letters lately written, and one of this date. My public
letter to him contains all the interesting public details. I enclose with
the present, some extracts of a letter from Mr. Paine, which he desired
me to communicate; your knowledge of the writer will justify my giving
you the trouble of these communications, which their interesting nature
and his respectability, will jointly recommend to notice. I am in great
pain for the Marquis de La Fayette. His principles, you know, are clearly
with the people; but having been elected for the Noblesse of Auvergne,
they have laid him under express instructions, to vote for the decision
by orders and not persons. This would ruin him with the Tiers Etat, and
it is not possible he could continue long to give satisfaction to the
Noblesse. I have not hesitated to press on him to burn his instructions,
and follow his conscience as the only sure clue, which will eternally
guide a man clear of all doubts and inconsistencies. If he cannot effect
a conciliatory plan, he will surely take his stand manfully at once, with
the Tiers Etat. He will in that case be what he pleases with them, and
I am in hopes that base is now too solid to render it dangerous to be
mounted on it. In hopes of being able in the course of the summer, to pay
my respects to you personally, in New York, I have the honor to be, with
sentiments of the most perfect respect and attachment, Sir, your most
obedient, and most humble servant.
[_Extract of the letter from Thomas Paine, referred to in the preceding,
to General Washington._]
"London, March the 12th, 1789. I do not think it is worth while for
Congress to appoint any minister at this court. The greater distance
Congress observes on this point, the better. It will be all money thrown
away, to go to any expense about it, at least during the present reign. I
know the nation well, and the line of acquaintance I am in, enables me to
judge better on this matter than any other American can judge, especially
at a distance. I believe I am not so much in the good graces of the
Marquis of Lansdowne as I used to be. I do not answer his purpose. He was
always talking of a sort of re-connection of England and America, and my
coldness and reserve on this subject checked communication. I believe he
would be a good minister for England, with respect to a better agreement
with France."
(Same letter continued) "April 10. The acts for regulating the trade with
America are to be continued as last year. A paper from the Privy Council
respecting the American fly, is before parliament. I had some conversation
with Sir Joseph Banks upon this subject, as he was the person whom the
Privy Council referred to. I told him that the Hessian fly attacked only
the green plant, and did not exist in the dry grain. He said, that with
respect to the Hessian fly, they had no apprehension, but it was the
weavil they alluded to. I told him the weavil had always, more or less,
been in the wheat countries of America, and that if the prohibition was
on that account, it was as necessary fifty or sixty years as now; that I
believed it was only a political manœuvre of the ministry to please the
landed interest, as a balance for prohibiting the exportation of wool,
to please the manufacturing interest. He did not reply, and as we are on
very sociable terms, I went farther, by saying, the English ought not to
complain of the non-payment of debts from America, while they prohibit the
means of payment. I suggest to you a thought on this subject. The debts
due before the war ought to be distinguished from the debts contracted
since, and all and every mode of payment and remittance under which
they might have been discharged at the time they were contracted, ought
to accompany those debts so long as any of them shall continue unpaid,
because the circumstances of payment became united with the debt, and
cannot be separated by subsequent acts of one side only. If this was taken
up in America, and insisted on as a right coëval with and inseparable from
those debts, it would force some of the restrictions here to give way.
While writing this, I am informed that the minister has had a conference
with some of the American creditors, and proposed to them to assume the
debts, and give them ten shillings in the pound. The conjecture is, that
he means, when the new Congress is established, to demand the payment.
If you are writing to General Washington, it may not be amiss to mention
this, and if I hear further on this matter, I will inform you. But as,
being a money matter, it cannot come forward but through parliament, there
will be notice given of the business. This would be a proper time to show,
that the British acts since the peace militate against the payment, by
narrowing the means by which those debts might have been paid when they
were contracted, and which ought to be considered as constituent parts of
the contract."
TO JAMES MADISON.
Paris, May 11, 1789.
Dear Sir,--My last to you was of the 15th of March. I am now in hourly
expectation of receiving my leave of absence. The delay of it a little
longer, will endanger the throwing my return into the winter, the very
idea of which is horror itself to me. I am in hopes this is the last
letter I shall have the pleasure of writing to you, before my departure.
The madness of the King of England has gone off, but left him in a state
of imbecility and melancholy. They talk of carrying him to Hanover. If
they do, it will be a proof he does not mend, and that they take that
measure, to authorize them to establish a regency. But if he grows better,
they will perhaps keep him at home, to avoid the question, who shall be
regent? As that country cannot be relied on in the present state of its
executive, the King of Prussia has become more moderate; he throws cold
water on the fermentation he had excited in Poland. The King of Sweden
will act as nobody, not even himself, can foresee; because he acts from
the caprice of the moment, and because the discontents of his army and
nobles may throw him under internal difficulties, while struggling with
external ones. Denmark will probably only furnish its stipulated aid to
Russia. France is fully occupied with internal arrangement. So that, on
the whole, the prospect of this summer is, that the war will continue
between the powers actually engaged in the close of the last campaign,
and extend to no others; certainly, it will not extend, this year, to the
southern States of Europe. The revolution of France has gone on with the
most unexampled success, hitherto. There have been some mobs, occasioned
by the want of bread, in different parts of the kingdom, in which there
may have been some lives lost; perhaps a dozen or twenty. These had no
professed connection, _generally_, with the constitutional revolution.
A more serious riot happened lately in Paris, in which about one hundred
of the mob were killed. This execution has been universally approved, as
they seemed to have no view but mischief and plunder. But the meeting of
the States General presents serious difficulties, which it had been hoped
the progress of reason would have enabled them to get over. The nobility
of and about Paris, have come over, as was expected, to the side of the
people, in the great question of voting by persons or orders. This had
induced a presumption that those of the country were making the same
progress, and these form the great mass of the deputies of that order.
But they are found to be where they were centuries ago, as to their
disposition to keep distinct from the people, and even to tyrannize over
them. They agree, indeed, to abandon their pecuniary privileges. The
clergy seem, at present, much divided. Five-sixths of that representation
consists of the lower clergy, who, being the sons of the peasantry, are
very well with the Tiers Etat. But the Bishops are intriguing, and drawing
them over daily. The Tiers Etat is so firm to vote by persons or to go
home, that it is impossible to conjecture what will be the result. This is
the state of parties, as well as we can conjecture from the conversation
of the members; for, as yet, no vote has been given which will enable us
to calculate, on certain ground.
Having formerly written to you on the subject of our finances, I enclose
you now an abstract of a paper on that subject, which Gouverneur Morris
communicated to me. You will be a better judge of its merit than I am. It
seems to me worthy good attention.
I have a box of books packed for you, which I shall carry to Havre, and
send by any ship bound to New York or Philadelphia. I have been so inexact
as to take no list of them before nailing up the box. Be so good as to do
this, and I will take with me my bookseller's account, which will enable
us to make a statement of them. They are chiefly Encyclopedies, from the
twenty-third to the thirtieth livraison. Paul Jones has desired me to
send to yourself and Colonel Carrington each, his bust. They are packed
together in the same box. There are three other boxes, with two in each,
for other gentlemen. I shall send them all together, and take the liberty
of addressing them to you. I rejoice extremely to hear you are elected, in
spite of all cabals. I fear your post will not permit me to see you but
in New York, and consequently but a short time only. I shall much regret
this.
I am, with sentiments of sincere attachment and respect, dear Sir, your
friend and servant.
TO THE HONORABLE MR. JAY.
Paris, May 12, 1789.
Sir,--I am this moment returned from Versailles, and it is the last
moment allowed me to write by this occasion. The Tiers Etat remain
unshaken in their resolution to do no business with the other orders, but
voting by persons. The Nobles are equally determined, and by a majority
of four-fifths or five-sixths to vote only by orders. Committees of
accommodation indeed are appointed, but with little prospect of effect.
Already the ministry of the Nobles began to talk of abandoning their
body, and going to take their places among the Tiers. Perhaps they may
be followed by the timid part of their orders, and it might be hoped, by
a majority of the Clergy, which still remain undebauched by the bishops.
This would form a States General of the whole Tiers, a majority of the
Clergy, and a fraction of the Nobles. This may be considered, then, as
one of the possible issues this matter may take, should reconciliation be
impracticable.
I am able to speak now more surely of the situation of the Emperor. His
complaint is pulmonary. The spitting of blood is from the lungs. The
hemorrhage which came on was critical, and relieved him for the moment;
but the relief was momentary only. There is little expectation he can
last long. The King of England's voyage to Hanover is spoken of more
doubtfully. This would be an indication that his complaint is better, or,
at least, not worse. I find, on receiving Mr. Neckar's discourse in print,
that he has not proposed in direct terms to put down our free ports. The
expression is, "on se borne en ce moment a vous faire observer," &c.,
&c. I spoke on the subject to M. de Montmorin to-day, and he says they
meant and mean to confer with me on it before my departure. I spoke to
him also to bring Schweighauser and De Bree's affair to a conclusion;
and to Mr. Rayneval on the same subject. They told me they had just
received a letter from the Count de La Luzerne, justifying the detention
of our stores; that they were so much dissatisfied with the principles
he advanced, that they should take upon themselves to combat and protest
against them, and to insist on a clear establishment of the rule that the
property of one sovereign within the dominions of another, is not liable
to the territorial jurisdiction. They have accordingly charged one of
their ablest counsels with the preparation of a memoir to establish this
point. I have the honor to be, with sentiments of the most perfect esteem
and respect, Sir, your most obedient, and most humble servant.
TO MONSIEUR DE PONTIÈRE.
Paris, May 17, 1789.
Sir,--I am honored with your letter of the 6th instant, and am sincerely
sorry that you should experience inconveniences for the want of arrearages
due to you from the United States. I have never ceased to take every
measure which could promise to procure to the foreign officers the payment
of these arrears. At present, the matter stands thus: Congress have
agreed to borrow a sum of money in Holland, to enable them to pay the
individual demands in Europe. They have given orders that these arrearages
shall be paid out of this money, when borrowed, and certain bankers in
Amsterdam are charged to borrow the money. I am myself of opinion, they
will certainly procure the money in the course of the present year; but
it is not for me to affirm this, nor to make any engagement. The moment
the money is ready, it shall be made known to Colonel Gourion, who, at
the desire of many of the officers, has undertaken to communicate with
me on the subject, and to inform them, from time to time, of the progress
of this business. He will readily answer your letters on this subject. I
depart in a few days for America, but shall leave such instructions here,
as that this matter will suffer no delay on that account.
I have the honor to be, Sir, your most obedient humble servant.
TO MR. VAUGHAN.
Paris, May 17, 1789.
Dear Sir,--I am to acknowledge, all together, the receipt of your favors
of March the 17th, 26th, and May the 7th, and to return you abundant
thanks for your attention to the article of dry rice, and the parcel of
seeds you sent me. This is interesting, because, even should it not take
place of the wet rice, in South Carolina, it will enable us to cultivate
this grain in Virginia, where we have not lands disposed for the wet rice.
The collection of the works of Monsieur de Poivre has not, as I believe,
been ever published. It could hardly have escaped my knowledge if they
had been ever announced. The French translation of the book on trade,
has not yet come to my hands. Whenever I receive the copies they shall
be distributed, and principally among the members of the Etats Generaux.
I doubt whether, at this session, they will take up the subject of
commerce. Whenever they do, they will find better principles nowhere than
in that book. I spoke with Mr. Stewart yesterday on the subject of the
distribution, and if I should be gone before the books come to hand, he
will execute the commission. Your nation is very far from the liberality
that treatise inculcates. The proposed regulation on the subject of our
wheat, is one proof. The prohibition of it in England would, of itself,
be of no great moment, because I do not know that it is much sent there.
But it is the publishing a libel on our wheat, sanctioned with the name of
parliament, and which can have no object but to do us injury, by spreading
a groundless alarm in those countries of Europe where our wheat is
constantly and kindly received. It is a mere assassination. If the insect
they pretend to fear, be the Hessian fly, it never existed in the grain.
If it be the weavil, our grain always had that; and the experience of a
century has proved that either the climate of England is not warm enough
to hatch the egg and continue the race, or that some other unknown cause
prevents any evil from it. How different from this spirit, my dear Sir,
has been your readiness to help us to the dry rice, to communicate to us
the bread tree, &c. Will any of our climates admit the cultivation of the
latter? I am too little acquainted with it, to judge. I learn that your
newspapers speak of the death of Ledyard, at Grand Cairo. I am anxious
to know whether there be foundation for this. I have not yet had time to
try the execution of the wood hygrometer proposed by Dr. Franklin. Though
I have most of the articles ready made, I doubt now whether I shall be
able to do it before my departure for America, the permission for which,
I expect every hour; and I shall go off the instant I receive it. While
there, I shall have the pleasure of seeing your father and friends. I
expect to return in the fall. In the meantime I have the honor to be,
with very great esteem and respect, dear Sir, your most obedient humble
servant.
TO THOMAS PAINE.
Paris, May 19, 1789.
Dear Sir,--Your favors of February the 16th to April the 13th, and of May
the 3d and 10th, are received; and the two last are sent to Mr. Leroy,
who will communicate them to the Academy.
You know that the States General have met, and probably have seen the
speeches at the opening of them. The three orders sit in distinct
chambers. The great question, whether they shall vote by orders or
persons can never be surmounted amicably. It has not yet been proposed
in form; but the votes which have been taken on the outworks of that
question show that the Tiers Etat are unanimous, a good majority of the
Clergy (consisting of the Curés) disposed to side with the Tiers Etat,
and in the chamber of the Noblesse, there are only fifty-four in that
sentiment, against one hundred and ninety, who are for voting by orders.
Committees to find means of conciliation are appointed by each chamber;
but conciliation is impossible. Some think the Nobles could be induced
to unite themselves with the _higher Clergy_ into one House, the lower
Clergy and Tiers Etat forming another. But the Tiers Etat are immovable.
They are not only firm, but a little disdainful. The question is, what
will ensue? One idea is to separate, in order to consult again their
constituents, and to take new instructions. This would be doing nothing,
for the same instructions would be repeated; and what, in the meantime, is
to become of a government, absolutely without money, and which cannot be
kept in motion with less than a million of livres a day? The more probable
expectation is as follows. As soon as it shall become evident that no
amicable determination of the manner of voting can take place, the Tiers
Etat will send an invitation to the two other orders to come and take
their places in the common chamber. A majority of the Clergy will go, and
the minority of the Noblesse. The chamber thus composed will declare that
the States General are constituted, will notify it to the King, and that
they are ready to proceed to business. If the King refuses to do business
with them, and adheres to the Nobles, the common chamber will declare all
taxes at an end, will form a declaration of rights, and do such other acts
as circumstances will permit, and go home. The tax-gatherers will then
be resisted, and it may well be doubted whether the soldiery and their
officers will not divide, as the Tiers Etat and Nobles. But it is more
likely that the King will agree to do business with the States General,
so constituted, professing that the necessities of the moment force
this, and that he means to negotiate (as they go along) a reconciliation
between the seceding members and those which remain. If the matter takes
this turn, there may be small troubles and ebullitions excited by the
seceding Noblesse and higher Clergy; but no serious difficulty can arise.
M. de Lamoignon, the Garde des Sceaux of the last year, has shot himself.
The Emperor's complaint is pulmonary and incurable. The Grand Seignior
is dead; his successor, young and warlike. I congratulate you sincerely
on the success of your bridge. I was sure of it before from theory; yet
one likes to be assured from practice also. I am anxious to see how Mr.
Rumsey's experiment succeeds.
_May_ the 21st. I have this moment received a letter from Ledyard, dated
Cairo, November the 15th. He therein says, "I am doing up my baggage,
and most curious baggage it is, and I leave Cairo in two or three days.
I travel from hence southwest, about three hundred leagues, to a black
King; there my present conductors leave me to my fate. Beyond, I suppose,
I go alone. I expect to hit the continent across, between the parallels of
twelve and twenty degrees north latitude. I shall, if possible, write you
from the kingdom of this black gentleman." This seems to contradict the
story of his having died at Cairo in January, as he was then, probably,
in the interior parts of Africa. If Sir Joseph Banks has no news from him
later than the letter of September, it may do him pleasure, if you will
communicate the above. If he or any other person knows whether there is
any foundation for the story of his death, I will thank you to inform me
of it. My letter being to go off to-morrow, I shall only add assurances of
the esteem and respect with which I am, dear Sir, your friend and servant.
TO DOCTOR PRICE.
Paris, May 19, 1789.
Dear Sir,--Your favor of the 4th instant is duly received. I am in hourly
expectation of receiving letters permitting me to go to America for a few
months, and shall leave Paris within a very few days after I shall have
received them. As this is probably the last letter I can have the honor
of writing you before my return, I will do myself the pleasure of putting
you in possession of the state of things here at this moment, as it may
enable you better to decide between truth and falsehood for some time to
come. You already know that the States General are met, and have seen the
speeches of the King, the Garde des Sceaux, and of Mr. Neckar. The three
orders as yet, set in different chambers. The great parliamentary question
whether they shall vote by orders or persons is undecided. It has not
yet been formally proposed, but the votes already given in the separate
chambers on the outworks of that question, show that the Tiers Etat are
unanimous for voting by persons. A good majority of the Clergy of the same
disposition, and only fifty-four of the Noblesse against one hundred and
ninety of the same body, who are for voting by orders. The chambers have
appointed committees to confer together on the means of conciliation,
but this is mere form, conciliation being impracticable. The Noblesse, as
some think, would be induced to unite themselves into one house, with the
higher Clergy, the lower Clergy and Tiers forming another. But the Tiers
are firm, and will agree to no modification. They are disposed to reduce
the State to one order as much as possible. As we are always disposed
to conjecture on the future, it is natural to form conjectures as to the
issue from the present difficulty. One idea is, that they will separate
to consult their constituents. I think they will not do this, because
they know their constituents will repeat the same instructions. And what
in the meantime is to become of a government which cannot keep in motion
with less than a million of livres a day? A more probable conjecture is,
that when it shall be manifest that conciliation is impracticable, the
Tiers will invite the other orders to come and take their places in the
common chamber. The majority of the Clergy, (to wit, the curés, and the
minority of the Noblesse,) will accept the invitation. The chamber thus
composed, will declare that the States General are now constituted, will
notify it to the King, and prepare to proceed to business. If he refuses
to acknowledge them, and adheres to the principles of the Noblesse,
they will suspend all taxes, form a declaration of rights, and do such
other acts as circumstances will admit, and go home. The tax-gatherers
will be resisted, and perhaps the soldiery take side with the Tiers, and
their officers with the Noblesse. But I rather suppose the King will do
business with the States so constituted, negotiating at the same time as
they go along, a reconciliation with the seceding members. The latter
may in that case excite small and partial troubles, but cannot make a
serious resistance. It is very important that the lower Clergy side with
the Tiers. They are the effective part of that order, while the bishops
and archbishops are held in detestation. But you are to keep in mind that
these are conjectures, and you know how small a circumstance may give
a totally different turn from what has been plausibly conjectured. My
hope is that the mass of the Bourgeoisie is too well in motion, and too
well-informed to be resisted or misled, and ultimately that this great
country will obtain a good constitution, and show the rest of Europe
that reformation in government follows reformation in opinion. I am, with
sentiments of the most perfect esteem and attachment, dear Sir, your most
obedient, and most humble servant.
TO MONSIEUR DE CREVECOEUR.
Paris, May 20, 1789.
Dear Sir,--I am now to acknowledge the receipt of your several letters
of October 20th, November 20th, and January 2d, and to thank you for the
pamphlets you have been so kind as to send me. A conveyance by the way
of London enables me to write the present, for I never think of writing
_news_ by the circumnavigation of the Bordeaux packet. You know that
your States General are met, and you have seen the speeches of the King
and his ministers at the opening of it, for I take for granted, M. de
Montmorin has sent them to M. de Moustier, as I have done to Mr. Jay. I
was present at that august ceremony. Had it been enlightened with lamps
and chandeliers, it would have been almost as brilliant as the opera.
Till now your affairs have gone on with a smoothness and rapidity which
has been never before seen. At this moment, however, they are at a dead
stand. The great preliminary question, whether they shall vote by orders
or persons, seems to threaten a scission. They have not yet ventured to
present the question in form, but the votes which have been given by the
separate chambers on the outworks of that question, enables us to see
pretty clearly the strength of the two parties. For voting by persons are
1, the Tiers Etat, unanimous; 2, a good majority of the Clergy, consisting
of the curés; 3, fifty-four members of the Noblesse. For voting by orders
are 1, the residue of the Nobles being about 190; 2, a minority in the
Clergy, consisting of the bishops and archbishops, &c. All the world
is conjecturing how they are to get over the difficulty. Abundance are
affrighted, and think all is lost, and the nation in despair at this
unsuccessful effort, will consign itself to tenfold despotism. This is
rank cowardice. Others propose that the members shall go back to ask new
instructions from their constituents. This would be useless, because they
know that the same instructions would be repeated, and who can say what
new event, internal or external, might shuffle this glorious game out of
their hands? Another hypothesis, which I shall develop, because I like it,
and wish it, and hope it, is, that as soon as it shall be manifest that
the committees of conciliation, now appointed by the three chambers, shall
be able to agree in nothing, the Tiers will invite the other two orders to
come and take their seats in the common chamber. A majority of the Clergy
will come, and the minority of the Nobles. The chamber thus composed, will
declare that the States General are now constituted, will notify it to the
King, and propose to do business. It may be hoped he will accede to their
proposition, justifying it by the necessity of the moment, and negotiating
as they go along, the return of the other members of the Noblesse and
Clergy. If he should, on the contrary, refuse to receive them as the
States General, and adheres to the principles of the Noblesse, it may
possibly happen that the Tiers will declare all taxes discontinued, form a
declaration of rights, and do such other acts as circumstances will admit,
and return every man to his tent. The tax-gatherers might be resisted, and
the body of the army found to be disposed differently from their officers.
All this will be avoided by admitting this composition of the chamber to
be the States General, and pursuing modes of conciliation. These indeed
will be difficult for the orders, as the Tiers seem determined to break
down all the barriers of the separation of the several orders, and to
have in future but one. I would have put off writing to you a few days
longer, in hopes of informing you of the unravelling of this knot, but
I am in hourly expectation of receiving my leave of absence, and am so
prepared for my departure, that a very few days will enable me to set
out for America, where I shall have the pleasure of relating to you more
accurately the state of things here, of delivering you letters from your
sons, and of assuring you in person of those sentiments of esteem and
respect, with which I have the honor to be, dear Sir, your most obedient
humble servant.
P. S. I have sent to M. le Comte de Moustier a list of the Deputies of
the States.
TO MONSIEUR DE LA FAYETTE.
Paris, June 3, 1789.
Dear Sir,--Revolving further in my mind the idea started yesterday of
the King's coming forward in a _seance royale_, and offering a charter
containing all the good in which all the parties agree, I like it more
and more. I have ventured to sketch such a charter merely to convey my
idea, which I now enclose to you, as I do also to M. de St. Etienne. I
write him a letter of apology for my meddling in a business where I know
so little and you and he so much. I have thought it better to possess him
immediately of the paper, because he may at the conference of to-day sound
the minds of the conferees. Yours affectionately.
TO MONSIEUR DE ST. ETIENNE.
Paris, June 3, 1789.
Sir,--After you quitted us yesterday evening, we continued our
conversation (Monsieur de La Fayette, Mr. Short and myself) on the subject
of the difficulties which environ you. The desirable object being, to
secure the good which the King has offered, and to avoid the ill which
seems to threaten, an idea was suggested, which appearing to make an
impression on Monsieur de La Fayette, I was encouraged to pursue it on
my return to Paris, to put it into form, and now to send it to you and
him. It is this; that the King, in a _seance royale_ should come forward
with a Charter of Rights in his hand, to be signed by himself and by
every member of the three orders. This charter to contain the five great
points which the Resultat of December offered, on the part of the King,
the abolition of pecuniary privileges offered by the privileged orders,
and the adoption of the national debt, and a grant of the sum of money
asked from the nation. This last will be a cheap price for the preceding
articles; and let the same act declare your immediate separation till the
next anniversary meeting. You will carry back to your constituents more
good than ever was effected before without violence, and you will stop
exactly at the point where violence would otherwise begin. Time will be
gained, the public mind will continue to ripen and to be informed, a basis
of support may be prepared with the people themselves, and expedients
occur for gaining still something further at your next meeting, and
for stopping again at the point of force. I have ventured to send to
yourself and Monsieur de La Fayette a sketch of my ideas of what this
act might contain, without endangering any dispute. But it is offered
merely as a canvas for you to work on, if it be fit to work on at all. I
know too little of the subject, and you know too much of it, to justify
me in offering anything but a hint. I have done it, too, in a hurry;
insomuch, that since committing it to writing, it occurs to me that the
fifth article may give alarm; that it is in a good degree included in the
fourth, and is, therefore, useless. But after all, what excuse can I make,
Sir, for this presumption. I have none but an unmeasurable love for your
nation, and a painful anxiety lest despotism, after an unaccepted offer
to bind its own hands, should seize you again with tenfold fury. Permit
me to add to these, very sincere assurances of the sentiments of esteem
and respect, with which I have the honor to be, Sir, your most obedient,
and most humble servant.
[The annexed is the Charter accompanying the two preceding letters.]
_A Charter of Rights, solemnly established by the King and Nation_
1. The States General shall assemble, uncalled, on the first day of
November, annually, and shall remain together so long as they shall
see cause. They shall regulate their own elections and proceedings, and
until they shall ordain otherwise, their elections shall be in the forms
observed in the present year, and shall be triennial.
2. The States General alone shall levy money on the nation, and shall
appropriate it.
3. Laws shall be made by the States General only, with the consent of the
King.
4. No person shall be restrained of his liberty, but by regular process
from a court of justice, authorized by a general law. (Except that a Noble
may be imprisoned by order of a court of justice, on the prayer of twelve
of his nearest relations.) On complaint of an unlawful imprisonment, to
any judge whatever, he shall have the prisoner immediately brought before
him, and shall discharge him, if his imprisonment be unlawful. The officer
in whose custody the prisoner is, shall obey the orders of the judge; and
both judge and officer shall be responsible, civilly and criminally, for
a failure of duty herein.
5. The military shall be subordinate to the civil authority.
6. Printers shall be liable to legal prosecution for printing and
publishing false facts, injurious to the party prosecuting; but they shall
be under no other restraint.
7. All pecuniary privileges and exemptions, enjoyed by any description of
persons, are abolished.
8. All debts already contracted by the King, are hereby made the debts
of the nation; and the faith thereof is pledged for their payment in due
time.
9. Eighty millions of livres are now granted to the King, to be raised by
loan, and reimbursed by the nation; and the taxes heretofore paid, shall
continue to be paid to the end of the present year, and no longer.
10. The States General shall now separate, and meet again on the 1st day
of November next.
Done, on behalf of the whole nation, by the King and their representatives
in the States General, at Versailles, this ---- day of June, 1789.
Signed by the King, and by every member individually, and in his presence.
TO THE MARQUIS DE LA FAYETTE.
Paris, June 12, 1789.
My Dear Sir,--As I may not be able to get at you, at Versailles, I write
this to deliver it myself at your door. With respect to the utility, or
inutility of your minority's joining the Commons, I am unable to form an
opinion for myself. I know too little of the subject to see what may be
its consequences.
I never knew an instance of the English parliament's undertaking to
relieve the poor, by a distribution of bread in time of scarcity. In fact,
the English commerce is so extensive and so active, that though bread may
be a little more or less plenty, there can never be an absolute failure.
This island is so narrow, that corn can be readily carried from the sea
ports to its interior parts. But were an absolute want to happen, and
were the parliament to undertake a distribution of corn, I think, that
according to the principles of their government, they would only vote a
sum of money, and address the King to employ it for the best. The business
is, in its nature, executive, and would require too great a variety of
detail to be managed by an act of parliament. However, I repeat it, that
I never heard or read of an instance of the parliament's interfering to
give bread. If I see you at Versailles to-day, I can be more particular.
I am with great sincerity, my dear Sir, your affectionate friend and
servant.
TO JOHN JAY.
Paris, June 17, 1789.
Sir,--I had the honor of addressing you on the 9th and 12th of May, by
the way of London. This goes through the same channel to the care of Mr.
Trumbull. Having received no letter from you of later date than the 25th
of November, I am apprehensive that there may have been miscarriages,
and the more so, as I learn, through another channel, that you have
particularly answered mine of November the 19th.
The death of the Grand Seignior, which has happened, renders the
continuance of the war more probable, as it has brought to the throne
a successor of a more active and ardent temper, and who means to put
himself at the head of his armies. He has declared the Captain Pacha
his Generalissimo. The prospects for Russia, on the other hand, are
less encouraging. Her principal ally, the Emperor, is at death's door,
blazing up a little indeed, from time to time, like an expiring taper, but
certainly to extinguish soon. Denmark too, is likely to be restrained by
the threats of England and Prussia, from contributing even her stipulated
naval succors. It is some time since I have been able to obtain any
account of the King of England, on which I can rely with confidence. His
melancholy continues, and to such a degree, as to render him absolutely
indifferent to everything that passes, so that he seems willing to let his
ministers do everything they please, provided they will let him alone.
When forced to speak, his comprehension seems better than it was in the
first moments after his phrensy went off. His health is bad; he does not
go into public at all, and very few are admitted to see him. This is his
present state, according to the best accounts I have been able to get
lately. His ministers dictate boldly in the north, because they know it
is impossible they should be engaged in the war, while this country is so
completely palsied.
You will have seen, by my former letters, that the question, whether the
States General should vote by persons or by orders, had stopped their
proceedings in the very first instances in which it could occur, that
is, as to the verification of their powers, and that they had appointed
committees to try if there were any means of accommodation. These could
do nothing. The King then proposed that they should appoint others, to
meet persons whom he should name, on the same subject. These conferences
also proved ineffectual. He then proposed a specific mode of verifying.
The Clergy accepted it unconditionally. The Noblesse, with such conditions
and modifications, as did away their acceptance altogether. The Commons,
considering this as a refusal, came to the resolution of the 10th instant,
(which I have the honor to send you,) inviting the two other orders
to come and take their places in the common room, and notifying that
they should proceed to the verification of powers, and to the affairs
of the nation, either with or without them. The Clergy have, as yet,
given no answer. A few of their members have accepted the invitation
of the Commons, and have presented themselves in their room, to have
their powers verified; but how many it will detach, in the whole, from
that body, cannot be known till an answer be decided on. The Noblesse
adhered to their former resolutions, and even the minority, well disposed
to the Commons, thought they could do more good in their own chamber,
by endeavoring to increase their numbers and fettering the measures of
the majority, than by joining the Commons. An intrigue was set on foot
between the loaders of the majority in that House, the Queen and Princes.
They persuaded the King to go for some time to Marly; he went. On the
same day, the leaders moved in the chamber of Nobles, that they should
address the King, to declare his own sentiments on the great question
between the orders. It was intended that this address should be delivered
to him at Marly, where, separated from his ministers, and surrounded by
the Queen and Princes, he might be surprised into a declaration for the
Nobles. The motion was lost, however, by a very great majority, that
chamber being not yet quite ripe for throwing themselves into the arms
of despotism. Neckar and Montmorin who had discovered this intrigue, had
warned some of the minority to defeat it, or they could not answer for
what would happen. These two and St. Priest, are the only members of the
Council in favor of the Commons. Luzerne, Puy-Segur and the others, are
high aristocrats. The Commons having verified their powers, a motion was
made the day before yesterday, to declare themselves constituted, and to
proceed to business. I left them at two o'clock yesterday; the debates not
then finished. They differed only about forms of expression, but agreed
in the substance, and probably decided yesterday, or will decide to-day.
Their next move, I fancy, will be to suppress all taxes, and instantly
re-establish them till the end of their session, in order to prevent a
premature dissolution; and then, they will go to work on a declaration
of rights and a constitution. The Noblesse, I suppose, will be employed
altogether in counter operations; the Clergy, that is to say, the higher
Clergy, and such of the Curés as they can bring over to their side, will
be waiting and watching, merely to keep themselves in their saddles. Their
deportment, hitherto, is that of meekness and cunning. The fate of the
nation depends on the conduct of the King and his ministers. Were they to
side openly with the Commons, the revolution would be completed without
a convulsion, by the establishment of a constitution, tolerably free,
and in which the distinction of Noble and Commoner would be suppressed.
But this is scarcely possible. The King is honest, and wishes the good
of his people; but the expediency of an hereditary aristocracy is too
difficult a question for him. On the contrary, his prejudices, his habits
and his connections, decide him in his heart to support it. Should they
decide openly for the Noblesse, the Commons, after suppressing taxes,
and finishing their declaration of rights, would probably go home;
a bankruptcy takes place in the instant. Mr. Neckar must go out, a
resistance to the tax-gatherers follows, and probably a civil war. These
consequences are too evident and violent, to render this issue likely.
Though the Queen and Princes are infatuated enough to hazard it, the party
in the ministry would not. Something, therefore, like what I hinted in my
letter of May the 12th, is still the most likely to take place. While the
Commons, either with or without their friends of the other two Houses,
shall be employed in framing a constitution, perhaps the government may
set the other two Houses to work on the same subject; and when the three
schemes shall be ready, joint committees may be negotiated, to compare
them together, to see in what parts they agree; and probably they will
agree in all, except the organization of the future States General. As to
this, it may be endeavored, by the aid of wheedling and intimidation, to
induce the two privileged chambers to melt themselves into one, and the
Commons, instead of one, to agree to two Houses of legislation. I see no
other middle ground to which they can be brought.
It is a tremendous cloud, indeed, which hovers over this nation, and he
at the helm has neither the courage nor the skill necessary to weather
it. Eloquence in a high degree, knowledge in matters of account and order,
are distinguishing traits in his character. Ambition is his first passion,
virtue his second. He has not discovered that sublime truth, that a bold,
unequivocal virtue is the best handmaid even to ambition, and would carry
him further, in the end, than the temporising, wavering policy he pursues.
His judgment is not of the first order, scarcely even of the second; his
resolution frail; and, upon the whole, it is rare to meet an instance of
a person so much below the reputation he has obtained. As this character,
by the post and times in which providence has placed it, is important
to be known, I send it to you as drawn by a person of my acquaintance,
who knows him well. He is not, indeed, his friend, and allowance must,
therefore, be made for the high coloring. But this being abated, the
facts and groundwork of the drawing are just. If the Tiers separate, he
goes at the same time; if they stay together, and succeed in establishing
a constitution to their mind, as soon as that is placed in safety, they
will abandon him to the mercy of the court, unless he can recover the
confidence which he has lost at present, and which, indeed, seems to be
irrecoverable.
The inhabitants of St. Domingo, without the permission of the Government,
have chosen and sent deputies to the States General. The question of
their admission is to be discussed by the States. In the meantime, the
Government had promised them an Assembly in their own island, in the
course of the present year. The death of the Dauphin, so long expected,
has at length happened. Montmorin told Ternant the other day, that de
Moustier had now asked a congé, which would be sent him immediately. So
that unless a change of ministry should happen, he will, probably, be
otherwise disposed of. The gazettes of France and Leyden accompany this.
I have the honor to be, with the most perfect esteem and respect, Sir,
your most obedient humble servant.
P. S. June 18. The motion under debate with the Commons, for constituting
their Assembly, passed yesterday by a majority of four hundred and odd,
against eighty odd. The latter were for it in substance, but wished some
particular amendment. They proceeded instantly to the subject of taxation.
A member, who called on me this moment, gave me a state of the proceedings
of yesterday, from memory, which I enclose you. He left the House a little
before the question was put, because he saw there was no doubt of its
passing, and his brother, who remained till the decision, informed him of
it. So that we may expect, perhaps, in the course of to-morrow, to see
whether the government will interpose with a bold hand, or will begin a
negotiation. But in the meantime, this letter must go off. I will find
some other opportunity, however, of informing you of the issue.
[_Character of Mr. Neckar, accompanying the preceding letter._]
Nature bestowed on Mr. Neckar an ardent passion for glory, without, at the
same time, granting him those qualities required for its pursuit by direct
means. The union of a fruitful imagination, with a limited talent, with
which she has endowed him, is always incompatible with those faculties of
the mind which qualify their possessor to penetrate, to combine, and to
comprehend all the relations of objects.
He had probably learned in Geneva, his native country, the influence which
riches exercise on the success of ambition, without having recourse to
the school of Paris, where he arrived about the twenty-eighth year of
his age. A personal affair with his brother, in which the chiefs of the
republic conducted themselves unjustly towards him, the circumstances of
which, moreover, exposed him to ridicule, determined him to forsake his
country. On taking his leave, he assured his mother that he would make
a great fortune at Paris. On his arrival, he engaged himself as clerk,
at a salary of six hundred livres, with the banker Thelusson, a man of
extreme harshness in his intercourse with his dependents. The same cause
which obliged other clerks to abandon the service of Thelusson, determined
Neckar to continue in it. By submitting to the brutality of his master
with a servile resignation, whilst, at the same time, he devoted the
most unremitting attention to his business, he recommended himself to his
confidence, and was taken into partnership. Ordinary abilities only, were
requisite to avail him of the multitude of favorable circumstances, which,
before he entered into the administration, built up a fortune of six
millions of livres. He owed much of his good fortune to his connections
with the Abbé Terrai, of whose ignorance he did not scruple to profit.
His riches, his profession, his table, and a virtuous, reasonable and
well-informed wife, procured him the acquaintance of many persons of
distinction, among whom were many men of letters, who celebrated his
knowledge and wisdom.
The wise and just principles by which Turgot aimed to correct the
abuses of the administration, not having been received with favor, he
seized the occasion to flatter ignorance and malignity, by publishing
his work against the freedom of the corn trade. He had published, two
years before, an eulogy on Colbert. Both these productions exhibited the
limited capacity of a banker, and, in no degree, the enlarged views of a
statesman. Not at all delicate in the choice of his means, he succeeded
to his wish in his object, which was the establishing himself in public
opinion. Elevated by a secret cabal, to the direction of the finances,
he began by refusing the salaries of his office. He affected a spirit
of economy and austerity, which imposed even on foreign nations, and
showed the possibility of making war without laying new taxes. Such, at
least, was his boast; but, in reality, they have been increased under his
administration, about twenty millions, partly by a secret augmentation of
the _bailles_ and of the poll-tax, partly by some versifications of the
_twentieths_, and partly by the natural progression, which is tested by
the amount of taxes on consumption, the necessary result of the successive
increase of population, of riches, and of expensive tastes.
All these circumstances reared for him an astonishing reputation, which
his fall has consecrated. People will not reflect, that, in the short
period of his ministry, he had more than doubled his fortune. Not that he
had peculated on the public treasury; his good sense and pride forbade
a resort to this manœuvre of weak minds; but by resorting to loans and
the costly operations of the bank, to provide the funds of war, and being
still connected with the house to which he addressed himself for much the
greater part of his negotiations. They have not remarked that his great
principles of economy have nothing more than a false show, and that the
loans resorted to, in order to avoid the imposition of taxes, have been
the source of the mischief which has reduced the finances to their present
alarming condition.
As to his _compte rendu_; he has been forgiven the nauseous panegyric
which he has passed upon himself, and the affectation of introducing
his wife into it, for the purpose of praising her: and we are spared
the trouble of examining his false calculations. M. de Calonnes has
undertaken this investigation. Without being able to vindicate himself,
he has already begun to unmask his antagonist, and he promises to do it
effectually.
Necessity has recalled this man to the ministry; and it must be confessed
that he is beyond comparison a less mischievous minister than his
predecessors. I would compare him to a steward, who, by his management,
does not entirely ruin his master, but who enriches himself at his
expense. The desire of glory should inspire him as much as possible with
the energy requisite for the public business. There is every likelihood
that his ministry will not endure long enough to cause it to feel the
effects of his false principles of administration; and it is he alone
who is able, if any one can, to preserve order in the finances, until
the reform is effected which we hope from the assembling of the States
General. In the meantime the public estimation of his talents and virtue
is not so high as it has been. There are persons who pretend that he is
more firmly established in public opinion than he ever was. They deceive
themselves. The ambitious desire he has always manifested of getting again
into the administration, his work on the importance of religious opinions,
and the memoires of M. de Calonnes, have greatly impaired his reputation.
TO JAMES MADISON.
Paris, June 18, 1789.
Sir,--My last to you was of May the 11th. Yours of March the 29th, came to
hand ten days ago; and about two days ago I received a cover of your hand
writing, under which were a New York paper of May the 4th, and a letter
from Mr. Page to Mazzei. There being no letter from you, makes me hope
there is one on the way, which will inform me of my congé. I have never
received Mr. Jay's answer to my public letter, of November the 19th, which
you mention him to have written, and which I fear has been intercepted.
I know only from you, that my letter got safe to hand. My baggage has
been made up more than a month, so that I shall leave Paris almost in the
instant of receiving the permission.
The campaign begins under unfavorable auspices for Russia. The death of
the Grand Seignior, who was personally disposed for peace, has brought
a young and ardent successor to the throne, determined to push the war
to extremity. Her only ally, the Emperor, is in _articulo mortis_, and
the Grand Duke of Tuscany, should he succeed, loves peace and money.
Denmark is forbidden by England and Prussia to furnish even its stipulated
maritime aid. There is no appearance of any other power's engaging in the
war. As far as I can discover, the King of England is somewhat better
in his head, but under such a complete depression of spirits, that he
does not care how the world goes, and leaves his ministers to do as they
please. It is impossible for you to conceive how difficult it is to know
the truth relative to him, he is environed in such an atmosphere of lies.
Men who would not speak a falsehood on any other subject, lie on this,
from a principle of duty; so that even eye witnesses cannot be believed
without scanning their principles and connections; and few will stand
this, of the very few permitted to see him.
Committees of conciliation having failed in their endeavors to bring
together the three chambers of the States General, the King proposed a
specific mode of verifying their powers; for that having been the first
question which presented itself to them, was the one in which the question
of voting by persons or orders was first brought on. The Clergy accepted
unconditionally. The Noblesse accepted on conditions which reduced the
acceptance to nothing at all. The Commons considered this as a refusal on
the part of the Nobles, and thereupon took their definitive resolution,
to invite the other two orders to come and verify their powers in common,
and to notify them they should proceed with or without them to verify,
and to do the business of the nation. This was on the 10th. On the 15th,
they moved to declare themselves the National Assembly. The debates on
this were finished yesterday, when the proposition was agreed to, by four
hundred and odd, against eighty odd. The minority agreed in substance,
but wished some particular amendment. They then immediately made the
proposition relative to taxes, which I enclose you, as this moment stated
to me, by memory, by a member who left the Assembly a little before the
question, because there was no opposition to the matter, but only to the
form. He assures me, on the information of another member who was present,
that Target's motion passed. We shall know, I think, within a day or two,
whether the government will risk a bankruptcy and civil war, rather than
see all distinction of orders done away, which is what the Commons will
push for. If the fear of the former alternative prevails, they will spin
the matter into negotiation. The Commons have in their chamber almost all
the talents of the nation; they are firm and bold, yet moderate. There
is, indeed, among them, a number of very hot-headed members; but those of
most influence are cool, temperate and sagacious. Every step of this House
has been marked with caution and wisdom. The Noblesse, on the contrary,
are absolutely out of their senses. They are so furious, they can seldom
debate at all. They have few men of moderate talents, and not one of
great, in the majority. Their proceedings have been very injudicious.
The Clergy are waiting to profit by every incident to secure themselves,
and have no other object in view. Among the Commons there is an entire
unanimity on the great question of voting by persons. Among the Noblesse
there are about sixty for the Commons, and about three times that number
against them. Among the Clergy, about twenty have already come over and
joined the Commons, and in the course of a few days they will be joined
by many more, not indeed making the majority of that House, but very near
it. The Bishops and Archbishops have been very successful by bribes and
intrigues, in detaching the Curés from the Commons, to whom they were at
first attached to a man. The Commons are about five hundred and fifty-four
in number, of whom three hundred and forty-four are of the law. These
do not possess an influence founded in property; but in their habits of
business and acquaintance with the people, and in their means of exciting
them as they please. The Curés throughout the kingdom, form the mass of
the Clergy; they are the only part favorably known to the people, because
solely charged with the duties of baptism, burial, confession, visitation
of the sick, instruction of the children, and aiding the poor; they are
themselves of the people, and united with them. The carriages and equipage
only of the higher Clergy, not their persons, are known to the people, and
are in detestation with them. The soldiers will follow their officers,
that is to say, their captains, lieutenants and ensigns. These are of
the lower nobility, and therefore much divided. The colonels and higher
officers are of the higher nobility, are seldom with the soldiers, little
known to them, not possessing their attachment. These circumstances give
them little weight in the partition of the army.
I give you these miscellaneous observations, that knowing somewhat the
dispositions of the parties, you may be able to judge of the future for
yourself, as I shall not be here to continue its communication to you.
In hopes to see you soon, I conclude with assurances of the perfect esteem
and respect with which I am, dear Sir, your friend and servant.
TO JOHN JAY.
Paris, June 24, 1789.
Sir,--My letter of the 17th and 18th instant, gave you the progress of the
States General to the 17th, when the Tiers had declared the illegality
of all the existing taxes, and their discontinuance from the end of
their present session. The next day being a jour de fête, could furnish
no indication of the impression that vote was likely to make on the
government. On the 19th, a Council was held at Marly, in the afternoon.
It was there proposed, that the King should interpose by a declaration
of his sentiments in a _seance royale_. The declaration prepared by
Mr. Neckar, while it censured in general the proceedings both of the
Nobles and Commons, announced the King's views, such as substantially to
coincide with the Commons. It was agreed to in Council, as also that the
_seance royale_ should be held on the 22d, and the meetings till then be
suspended. While the Council was engaged in this deliberation at Marly,
the chamber of the Clergy was in debate, whether they should accept the
invitation of the Tiers to unite with them in the common chamber. On the
first question, to unite simply and unconditionally, it was decided in
the negative by a very small majority. As it was known, however, that
some members who had voted in the negative, would be for the affirmative
with some modifications, the question was put with these modifications,
and it was determined by a majority of eleven members, that their body
should join the Tiers. These proceedings of the clergy were unknown to
the Council at Marly, and those of the Council were kept secret from
everybody. The next morning (the 20th), the members repaired to the
House as usual, found the doors shut and guarded, and a proclamation
posted up for holding a _seance royale_ on the 22d, and a suspension
of their meetings till then. They presumed, in the first moment, that
their dissolution was decided, and repaired to another place, where they
proceeded to business. They there bound themselves to each other by an
oath, never to separate of their own accord, till they had settled a
constitution for the nation on a solid basis, and if separated by force,
that they would re-assemble in some other place. It was intimated to them,
however, that day, privately, that the proceedings of the _seance royale_
would be favorable to them. The next day they met in a church, and were
joined by a majority of the Clergy. The heads of the aristocracy saw that
all was lost without some violent exertion. The King was still at Marly.
Nobody was permitted to approach him but their friends. He was assailed
by lies in all shapes. He was made to believe that the Commons were going
to absolve the army from their oath of fidelity to him, and to raise their
pay.
* * * * *
They procured a committee to be held, consisting of the King and his
ministers, to which Monsieur and the Count d'Artois should be admitted. At
this committee, the latter attacked Mr. Neckar personally, arraigned his
plans, and proposed one which some of his engines had put into his hands.
Mr. Neckar, whose characteristic is the want of firmness, was browbeaten
and intimidated, and the King shaken. He determined that the two plans
should be deliberated on the next day, and the _seance royale_ put off a
day longer. This encouraged a fiercer attack on Mr. Neckar the next day;
his plan was totally dislocated, and that of the Count d'Artois inserted
into it. Himself and Monsieur de Montmorin offered their resignation,
which was refused; the Count d'Artois saying to Mr. Neckar, "No, Sir,
you must be kept as the hostage; we hold you responsible for all the ill
which shall happen." This change of plan was immediately whispered without
doors. The nobility were in triumph, the people in consternation. When
the King passed the next day through the lane they formed from the Chateau
to the Hotel des Etats (about half a mile), there was a dead silence. He
was about an hour in the House, delivering his speech and declaration,
copies of which I enclose you. On his coming out, a feeble cry of "_vive
le roy_" was raised by some children, but the people remained silent and
sullen. When the Duke d'Orleans followed, however, their applauses were
excessive. This must have been sensible to the King. He had ordered, in
the close of his speech, that the members should follow him, and resume
their deliberations the next day. The Noblesse followed him, and so did
the Clergy, except about thirty, who, with the Tiers, remained in the
room, and entered into deliberation. They protested against what the
King had done, adhered to all their former proceedings, and resolved
the inviolability of their own persons. An officer came twice to order
them out of the room, in the King's name, but they refused to obey. In
the afternoon, the people, uneasy, began to assemble in great numbers in
the courts and vicinities of the palace. The Queen was alarmed, and sent
for Mr. Neckar. He was conducted amidst the shouts and acclamations of
the multitude, who filled all the apartments of the palace. He was a few
minutes only with the Queen, and about three-quarters of an hour with
the King. Not a word has transpired of what passed at these interviews.
The King was just going to ride out. He passed through the crowd to his
carriage, and into it, without being in the least noticed. As Mr. Neckar
followed him, universal acclamations were raised of "Vive Monsieur Neckar,
vive la sauveur de la France opprimée." He was conducted back to his
house with the same demonstrations of affection and anxiety. About two
hundred deputies of the Tiers, catching the enthusiasm of the moment, went
to his house, and extorted from him a promise that he would not resign.
These circumstances must wound the heart of the King, desirous as he is,
to possess the affections of his subjects. As soon as the proceedings at
Versailles were known at Paris, a run began on the _caisse d'escompte_,
which is the first symptom always of the public diffidence and alarm. It
is the less in condition to meet the run, as Mr. Neckar has been forced
to make free with its funds, for the daily support of the government. This
is the state of things, as late as I am able to give them with certainty,
at this moment. My letter not being to go off till to-morrow evening, I
shall go to Versailles to-morrow, and be able to add the transactions of
this day and to-morrow.
June 25. Just returned from Versailles, I am enabled to continue my
narration. On the 24th, nothing remarkable passed, except an attack by
the mob of Versailles on the Archbishop of Paris, who had been one of the
instigators of the court, to the proceedings of the _seance royale_. They
threw mud and stones at his carriage, broke the windows of it, and he in
a fright promised to join the Tiers.
This day (the 25th) forty-eight of the Nobles have joined the Tiers. Among
these, is the Duke d'Orleans. The Marquis de La Fayette could not be of
the number, being restrained by his instructions. He is writing to his
constituents, to change his instructions or to accept his resignation.
There are with the Tiers now, one hundred and sixty-four members of the
Clergy, so that the common chamber consists of upwards of eight hundred
members. The minority of the Clergy, however, call themselves the chamber
of the Clergy, and pretend to go on with business. I found the streets of
Versailles much embarrassed with soldiers. There was a body of about one
hundred horse drawn up in front of the Hotel of the States, and all the
avenues and doors guarded by soldiers. Nobody was permitted to enter but
the members, and this was by order of the King; for till now, the doors
of the common room have been open, and at least two thousand spectators
attending their debates constantly. They have named a deputation to
wait on the King, and desire a removal of the soldiery from their doors,
and seem determined, if this is not complied with, to remove themselves
elsewhere.
Instead of being dismayed with what has passed, they seem to rise in
their demands, and some of them to consider the erasing every vestige of a
difference of order as indispensable to the establishment and preservation
of a good constitution. I apprehend there is more courage than calculation
in this project. I did imagine, that seeing that Mr. Neckar and themselves
were involved as common enemies in the hatred of the aristocrats, they
would have been willing to make common cause with him, and to wish his
continuance in office; and that Mr. Neckar, seeing that all the trimming
he has used towards the court, and Nobles, has availed him nothing, would
engage himself heartily and solely on the popular side, and view his own
salvation in that alone. The confidence which the people place in him,
seems to merit some attention. However, the mass of the common chamber
are absolutely indifferent to his remaining in office. They consider his
head as unequal to the planning a good constitution, and his fortitude to
a co-operation in the effecting it. His dismission is more credited to-day
than it was yesterday. If it takes place, he will retain his popularity
with the nation, as the members of the States will not think it important
to set themselves against it, but on the contrary, will be willing that he
should continue on their side, on his retirement. The run on the _caisse
d'escompte_ continues. The members of the States admit, that Mr. Neckar's
departure out of office will occasion a stoppage of public payments.
But they expect to prevent any very ill effect, by assuring the public
against any loss, and by taking immediate measures for continuing payment.
They may, perhaps, connect these measures with their own existence, so
as to interest the public in whatever catastrophe may be aimed at them.
The gazettes of France and Leyden accompany this. During the continuance
of this crisis and my own stay, I shall avail myself of every private
conveyance to keep you informed of what passes. I have the honor to be,
with the most perfect esteem and respect, Sir, your most obedient, and
most humble servant.
TO JOHN JAY.
Paris, June 29, 1789.
Sir,--My letter of the 25th gave you the transactions of the States
General to the afternoon of that day. On the next, the Archbishop of
Paris joined the Tiers, as did some others of the Clergy and Noblesse. On
the 27th, the question of the St. Domingo deputation came on, and it was
decided that it should be received. I have before mentioned to you the
ferment into which the proceedings at the _seance royale_ of the 23d, had
thrown the people. The soldiery also were affected by it. It began in the
French guards, extended to those of every other denomination, (except the
Swiss) and even to the body guards of the King. They began to quit their
barracks, to assemble in squads, to declare they would defend the life of
the King, but would not cut the throats of their fellow-citizens. They
were treated and caressed by the people, carried in triumph through the
streets, called themselves the soldiers of the nation, and left no doubt
on which side they would be, in case of a rupture. Similar accounts came
in from the troops in other parts of the kingdom, as well those which
had not heard of the _seance royale_, as those which had, and gave good
reason to apprehend that the soldiery, in general, would side with their
fathers and brothers, rather than with their officers. The operation of
this medicine, at Versailles, was as sudden as it was powerful. The alarm
there was so complete, that in the afternoon of the 27th, the King wrote
a letter to the President of the Clergy, the Cardinal de La Rochefoucault,
in these words:[1]
"My Cousin,--Wholly engaged in promoting the general good of my kingdom,
and desirous, above all things, that the Assembly of the States General
should apply themselves to objects of general interest, after the
voluntary acceptance by your order of my declaration of the 23d of the
present month; I pass my word that my faithful Clergy will, without delay,
unite themselves with the other two orders, to hasten the accomplishment
of my paternal views. Those, whose powers are too limited, may decline
voting until new powers are procured. This will be a new mark of
attachment which my Clergy will give me. I pray God, my Cousin, to have
you in his holy keeping.
Louis."
A like letter was written to the Duke de Luxemburgh, President of the
Noblesse. The two chambers entered into debate on the question, whether
they should obey the letter of the King. There was a considerable
opposition; when notes written by the Count d'Artois to sundry members,
and handed about among the rest, decided the matter, and they went in a
body and took their seats with the Tiers, and thus rendered the union
of the orders in one chamber complete. As soon as this was known to
the people of Versailles, they assembled about the palace, demanded the
King and Queen, who came and showed themselves in a balcony. They rent
the skies with cries of "_vive le roy_," "_vive la reine_." They called
for the Dauphin, who was also produced, and was the subject of new
acclamations. After feasting themselves and the royal family with this
tumultuary reconciliation, they went to the house of Mr. Neckar and M. de
Montmorin, with shouts of thankfulness and affection. Similar emotions of
joy took place in Paris, and at this moment, the triumph of the Tiers is
considered as complete. To-morrow they will recommence business, voting
by persons on all questions; and whatever difficulties may be opposed in
debate by the malcontents of the Clergy and Nobility, everything must
be finally settled at the will of the Tiers. It remains to see whether
they will leave to the Nobility anything but their titulary appellations.
I suppose they will not. Mr. Neckar will probably remain in office. It
would seem natural that he should endeavor to have the hostile part of
the Council removed, but I question if he finds himself firm enough for
that. A perfect co-operation with the Tiers will be his wisest game. This
great crisis being now over, I shall not have matter interesting enough
to trouble you with, as often as I have done lately. There has nothing
remarkable taken place in any other part of Europe. I have the honor to
be, with the most perfect esteem and respect, Sir, your most obedient,
and most humble servant.
FOOTNOTE:
[1] [A translation is here given.]
TO THE MARQUIS DE LA FAYETTE.
Paris, July 6, 1789.
Dear Sir,--I never made an offer to anybody, to have corn or flour brought
here, from America; no such idea ever entered my head. Mr. Neckar desired
me to give information in America, that there would be a want of flour.
I did so in a letter to Mr. Jay, which he published with my name to
it, for the encouragement of the merchants. Those here, who have named
me on this subject, must have mistaken me for Mr. Parker. I have heard
him say, he offered Mr. Neckar to bring a large supply, yet I do not
think I ever repeated this; or if I did, it must have been in a company
I relied on. I will thank you to satisfy Mr. Neckar of the truth. It
would be disagreeable, and perhaps mischievous, were he to have an idea
that I encouraged censures on him. I will bring you the paper you desire
to-morrow; and shall dine at the Dutchess Danville's, where I shall be
happy to meet you. Adieu. Yours affectionately.
TO THE MARQUIS DE LA FAYETTE.
Paris, July 7, 1789.
Dear Sir,--Your letter of yesterday gave me the first information that
Monsieur de Mirabeau had suggested to the honorable the Assembly of the
Nation, that I had made an offer to Mr. Neckar, to obtain from America a
quantity of corn or flour, which had been refused. I know not how Monsieur
de Mirabeau has been led into this error. I never in my life made any
proposition to Mr. Neckar on the subject; I never said I had made such a
proposition. Some time last autumn, Mr. Neckar did me the honor to desire
I would have notified in the United States, that corn and flour would meet
with a good sale in France. I conveyed this notice, in a letter to Mr.
Jay, Secretary for Foreign Affairs, as you will see by the extract of my
letter published by him in an American gazette, which I have the honor to
send you. I must beg leave to avail myself of your friendship and of your
position, to have a communication of these facts made to the honorable
Assembly of the Nation, of which you are a member, and to repeat to you
those sentiments of respect and attachment, with which I have the honor
to be, my dear Sir, your most obedient, and most humble servant.
TO MR. NECKAR.
Paris, July 8, 1789.
Sir,--I have the honor to enclose you a copy of my letter to Monsieur
de La Fayette. When I called on him yesterday, he had already spoken to
Monsieur de Mirabeau, who acknowledged he had been in an error in what he
had advanced in the Assembly of the Nation, as to the proposition supposed
to have been made by me to your Excellency, and undertook to declare his
error, when the subject should be resumed by the Assembly, to whom my
letter to the Marquis de La Fayette will be also read.
I have thought it a duty, Sir, thus to correct in the first moment,
an error, by which your name had been compromitted by an unfounded use
of mine, and shall be happy in every occasion of proving to you those
sentiments of profound respect and attachment with which I have the honor
to be, your Excellency's most obedient, and most humble servant.
TO THE COUNT DE MONTMORIN.
Paris, July 8, 1789.
Sir,--My hotel having been lately robbed for the third time, I take the
liberty of uniting my wish with that of the inhabitants of this quarter,
that it might coincide with the arrangements of police, to extend to us
the protection of a guard. While the Douane remained here, no accident
of that kind happened, but since their removal, other houses in the
neighborhood have been robbed, as well as mine. Perhaps it may lessen the
difficulties of this request, that the house occupied by the people of
the Douane, will lodge abundantly a _corps de garde_. On the one side of
that house is Chaillot, on the other the Roule, on the third the Champs
Elysées, where accidents are said to happen very frequently, all of which
are very distant from any _corps de garde_.
I have the honor to be, with sentiments of the most perfect respect and
esteem, your Excellency's most obedient, and most humble servant.
TO THE MARQUIS DE LA FAYETTE.
Paris, July 9, 1789.
Dear Sir,--Having been curious to form some estimate of the quantity of
corn and flour, which have been supplied to France this year, I applied to
a person in the Farms, to know upon what quantities the premium had been
paid. He could not give me information, but as to the _Atlantic_ ports,
into which there have been imported from the United States, from March
to May inclusive, forty-four thousand one hundred and sixteen quintals
of corn, twelve thousand two hundred and twenty-one quintals of flour,
making fifty-six thousand three hundred and thirty-seven quintals, in
the whole. Add to this, what has been imported since May, suppose nearly
twenty thousand quintals a month, and what has been furnished to the
French islands, which has prevented an equal quantity being exported from
France, and you will have the proportion drawn from us. Observe, that we
have regular and constant markets for corn and flour, in Spain, Portugal,
and all the West India islands, except the French. These take nearly our
whole quantity. This year, France, the French West Indies and Canada were
added. But a regular course of trade is not quitted in an instant, nor
constant customers deserted for accidental ones. This is the reason that
so small a proportion has come here. I am, dear Sir, with great sincerity,
your affectionate friend and servant.
TO THE MARQUIS DE LA FAYETTE.
Paris, July 10, 1789.
Dear Sir,--The acknowledgment by Monsieur de Mirabeau to the National
Assembly, that he had been in an error as to the offer he supposed me
to have made, and the reading to them my letter, seem to be all that was
requisite for any just purpose. As I was unwilling my name should be used
to injure the minister, I am also unwilling it should be used to injure
Monsieur de Mirabeau. I learn that his enemies in Paris are framing
scandalous versions of my letter. I think, therefore, with you, it may be
better to print it, and I send you a copy of it. I gave copies of it to
Monsieur de Montmorin and Monsieur Neckar, as was my duty.
I am, with sincere affection, my dear Sir, your friend and servant.
TO THOMAS PAINE.
Paris, July 11, 1789.
Dear Sir,--Since my last, which was of May the 19th, I have received yours
of June the 17th and 18th. I am struck with the idea of the geometrical
wheelbarrow, and will beg of you a farther account, if it can be obtained.
I have no news yet of my congé.
Though you have doubtless heard most of the proceedings of the States
General since my last, I will take up the narration where that left it,
that you may be able to separate the true from the false accounts you have
heard. A good part of what was conjecture in that letter, is now become
true history.
* * * * *
The _National Assembly_ then (for that is the name they take), having
shown through every stage of these transactions a coolness, wisdom, and
resolution to set fire to the four corners of the kingdom and to perish
with it themselves, rather than to relinquish an iota from their plan of a
total change of government, are now in complete and undisputed possession
of the sovereignty. The executive and aristocracy are at their feet; the
mass of the nation, the mass of the clergy, and the army are with them;
they have prostrated the old government, and are now beginning to build
one from the foundation. A committee, charged with the arrangement of
their business, gave in, two days ago, the following order of proceedings.
"1. Every government should have for its only end, the preservation of the
rights of man; whence it follows, that to recall constantly the government
to the end proposed, the constitution should begin by a declaration of
the natural and imprescriptible rights of man.
"2. Monarchical government being proper to maintain those rights, it has
been chosen by the French nation. It suits especially a great society;
it is necessary for the happiness of France. The declaration of the
principles of this government, then, should follow immediately the
declaration of the rights of man.
"3. It results from the principles of monarchy, that the nation, to
assure its own rights, has yielded particular rights to the monarch; the
constitution, then, should declare, in a precise manner, the rights of
both. It should begin by declaring the rights of the French nation, and
then it should declare the rights of the King.
"4. The rights of the King and nation not existing but for the happiness
of the individuals who compose it, they lead to an examination of the
rights of citizens.
"5. The French nation not being capable of assembling individually, to
exercise all its rights, it ought to be represented. It is necessary,
then, to declare the form of its representation and the rights of its
representatives.
"6. From the union of the powers of the nation and King should result
the enacting and execution of the laws; thus, then it should first
be determined how the laws shall be established afterwards should be
considered, how they shall be executed.
"7. Laws have for their object the general administration of the kingdom,
the property and the actions of the citizens. The execution of the laws
which concern the general administration requires Provincial and Municipal
Assemblies. It is necessary to examine, therefore, what should be the
organization of the Provincial Assemblies, and what of the Municipal.
"8. The execution of the laws which concern the property and actions of
the citizens, call for the judiciary power. It should be determined how
that should be confided, and then its duties and limits.
"9. For the execution of the laws and the defence of the kingdom, there
exists a public force. It is necessary, then, to determine the principles
which should direct it, and how it should be employed.
"_Recapitulation._
"Declaration of the rights of man. Principles of the monarchy. Rights of
the nation. Rights of the King. Rights of the citizens.
"Organization and rights of the National Assembly. Forms necessary for
the enaction of laws. Organization and functions of the Provincial and
Municipal Assemblies. Duties and limits of the judiciary power. Functions
and duties of the military power."
You see that these are the materials of a superb edifice, and the hands
which have prepared them, are perfectly capable of putting them together,
and of filling up the work of which these are only the outlines. While
there are some men among them of very superior abilities, the mass possess
such a degree of good sense, as enables them to decide well. I have always
been afraid their numbers might lead to confusion. Twelve hundred men
in one room are too many. I have still that fear. Another apprehension
is, that a majority cannot be induced to adopt the trial by jury; and
I consider that as the only anchor ever yet imagined by man, by which a
government can be held to the principles of its constitution. Mr. Paradise
is the bearer of this letter. He can supply those details which it would
be too tedious to write.
I am, with great esteem, dear Sir, your friend and servant.
TO MR. MASON.
Paris, July 16, 1789.
Sir,--I am honored with your favor of the 11th, and sincerely thank you
for the offer of your ship, which I would certainly have embraced, had I
been at liberty to go. But I have not yet received permission, and must
await that. I beg you to remember me in the most friendly terms to your
father. I have put off answering his letter because I expected constantly
to make my voyage to America and to see him at his own house.
Great events have taken place here within these few days. The change of
the ministry and the tumult of Paris consequent on that, you will have
heard of. Yesterday the King went without any cortege but his two brothers
to the States General, and spoke to them in very honest and conciliatory
terms; such as in my opinion amounts to a surrender at discretion. The
temper of the city is too much heated at present to view them in that
light, and therefore they keep on the watch, and go on in organizing their
armed Bourgeoise. But I have not a single doubt of the sincerity of the
King, and there will not be another disagreeable act from him. He has
promised to send away the troops.
I am with great esteem, Sir, your most obedient, and most humble servant.
TO JOHN JAY.
Paris, July 19, 1789.
Dear Sir,--I am become very uneasy, lest you should have adopted some
channel for the conveyance of your letters to me, which is unfaithful.
I have none from you of later date than November the 25th, 1788, and
of consequence, no acknowledgment of the receipt of any of mine, since
that of August the 11th, 1788. Since that period, I have written to you
of the following dates. 1788. August the 20th, September the 3d, 5th,
24th, November the 14th, 19th, 29th. 1789. January the 11th, 14th, 21st,
February the 4th, March the 1st, 12th, 14th, 15th, May the 9th, 11th,
12th, June the 17th, 24th, 29th. I know, through another person, that
you have received mine of November the 29th, and that you have written
an answer; but I have never received the answer, and it is this which
suggests to me the fear of some general source of miscarriage.
The capture of three French merchant ships by the Algerines, under
different pretexts, has produced great sensation in the seaports of this
country, and some in its government. They have ordered some frigates
to be armed at Toulon to punish them. There is a possibility that this
circumstance, if not too soon set to rights by the Algerines, may furnish
occasion to the States General, when they shall have leisure to attend to
matters of this kind, to disavow any future tributary treaty with them.
These pirates respect still less their treaty with Spain, and treat the
Spaniards with an insolence greater than was usual before the treaty.
The scarcity of bread begins to lessen in the southern parts of France,
where the harvest has commenced. Here it is still threatening, because
we have yet three weeks to the beginning of harvest, and I think there
has not been three days' provision beforehand in Paris, for two or three
weeks past. Monsieur de Mirabeau, who is very hostile to Mr. Neckar,
wished to find a ground for censuring him, in a proposition to have
a great quantity of flour furnished from the United States, which he
supposed me to have made to Mr. Neckar, and to have been refused by him;
and he asked time of the States General to furnish proofs. The Marquis
de La Fayette immediately gave me notice of this matter, and I wrote him
a letter to disavow having ever made any such proposition to Mr. Neckar,
which I desired him to communicate to the States. I waited immediately on
Mr. Neckar and Monsieur de Montmorin, satisfied them that what had been
suggested was absolutely without foundation from me; and indeed they had
not needed this testimony. I gave them copies of my letter to the Marquis
de La Fayette, which was afterwards printed. The Marquis, on the receipt
of my letter, showed it to Mirabeau, who turned then to a paper from which
he had drawn his information, and found he had totally mistaken it. He
promised immediately that he would himself declare his error to the States
General, and read to them my letter, which he did. I state this matter to
you, though of little consequence in itself, because it might go to you
misstated in the English papers.
Our supplies to the Atlantic ports of France, during the months of March,
April and May, were only twelve thousand two hundred and twenty quintals,
thirty-three pounds of flour, and forty-four thousand one hundred and
fifteen quintals, forty pounds of wheat, in twenty-one vessels.
My letter of the 29th of June, brought down the proceedings of the
States and government to the re-union of the orders, which took place
on the 27th. Within the Assembly, matters went on well. But it was soon
observed, that troops, and particularly the foreign troops, were on their
march towards Paris from various quarters, and that this was against
the opinion of Mr. Neckar. The King was probably advised to this, under
pretext of preserving peace in Paris and Versailles, and saw nothing else
in the measure. That his advisers are supposed to have had in view, when
he should be secured and inspirited by the presence of the troops, to
take advantage of some favorable moment, and surprise him into an act of
authority for establishing the declaration of the 23d of June, and perhaps
dispersing the States General, is probable. The Marshal de Broglio was
appointed to command all the troops within the isle of France, a high
flying aristocrat, cool and capable of everything. Some of the French
guards were soon arrested under other pretexts, but in reality, on account
of their dispositions in favor of the national cause. The people of Paris
forced the prison, released them, and sent a deputation to the States
General, to solicit a pardon. The States, by a most moderate and prudent
Arreté, recommended these prisoners to the King, and peace to the people
of Paris. Addresses came in to them from several of the great cities,
expressing sincere allegiance to the King, but a determined resolution
to support the States General. On the 8th of July, they voted an address
to the King to remove the troops. This[2] piece of masculine eloquence,
written by Monsieur de Mirabeau, is worth attention on account of the bold
matter it expresses and discovers through the whole. The King refused to
remove the troops, and said they might remove themselves, if they pleased,
to Noyons or Soissons. They proceeded to fix the order in which they will
take up the several branches of their future constitution, from which it
appears, they mean to build it from the bottom, confining themselves to
nothing in their ancient form, but a King. A declaration of rights, which
forms the first chapter of their work, was then proposed by the Marquis de
La Fayette. This was on the 11th. In the meantime, troops, to the number
of about twenty-five or thirty thousand, had arrived, and were posted in
and between Paris and Versailles. The bridges and passes were guarded. At
three o'clock in the afternoon, the Count de La Luzerne was sent to notify
Mr. Neckar of his dismission, and to enjoin him to retire instantly,
without saying a word of it to anybody. He went home, dined, proposed
to his wife a visit to a friend, but went in fact to his country-house
at St. Ouen, and at midnight, set out from thence, as is supposed, for
Brussels. This was not known till the next day, when the whole ministry
was changed, except Villedeuil, of the domestic department, and Barentin,
Garde des Sceaux. These changes were as follows: the Baron de Breteuil,
President of the Council of Finance; and de La Galaisiere, Comptroller
General in the room of Mr. Neckar; the Marshal de Broglio, minister
of war, and Foulon under him, in the room of Puy-Segur; Monsieur de La
Vauguyon, minister of foreign affairs, instead of Monsieur de Montmorin;
de La Porte, minister of marine, in place of the Count de La Luzerne;
St. Priest was also removed from the Council. It is to be observed, that
Luzerne and Puy-Segur had been strongly of the aristocratical party in
Council; but they were not considered as equal to bear their shares in
the work now to be done. For this change, however sudden it may have been
in the mind of the King, was, in that of his advisers, only one chapter
of a great plan, of which the bringing together the foreign troops had
been the first. He was now completely in the hands of men, the principal
among whom, had been noted through their lives, for the Turkish despotism
of their characters, and who were associated about the King, as proper
instruments for what was to be executed. The news of this change began to
be known in Paris about one or two o'clock. In the afternoon, a body of
about one hundred German cavalry were advanced and drawn up in the Place
Louis XV. and about two hundred Swiss posted at a little distance in their
rear. This drew the people to that spot, who naturally formed themselves
in front of the troops, at first merely to look at them. But as their
numbers increased, their indignation arose; they retired a few steps,
posted themselves on and behind large piles of loose stone, collected
in that place for a bridge adjacent to it, and attacked the horse with
stones. The horse charged, but the advantageous position of the people,
and the showers of stones, obliged them to retire, and even to quit the
field altogether, leaving one of their number on the ground. The Swiss in
their rear were observed never to stir. This was the signal for universal
insurrection, and this body of cavalry, to avoid being massacred, retired
towards Versailles. The people now armed themselves with such weapons as
they could find in armorers' shops and private houses, and with bludgeons,
and were roaming all night through all parts of the city, without any
decided practicable object. The next day, the States pressed on the King
to send away the troops, to permit the Bourgeoise of Paris to arm for
the preservation of order in the city, and offered to send a deputation
from their body to tranquillize them. He refused all their propositions.
A committee of magistrates and electors of the city were appointed by
their bodies, to take upon them its government. The mob, now openly joined
by the French guards, forced the prison of St. Lazare, released all the
prisoners, and took a great store of corn, which they carried to the corn
market. Here they got some arms, and the French guards began to form
and train them. The committee determined to raise forty-eight thousand
Bourgeoise, or rather to restrain their numbers to forty-eight thousand.
On the 14th, they sent one of their members (Monsieur de Corny, whom
we knew in America) to the Hotel des Invalides, to ask arms for their
Garde Bourgeoise. He was followed by, or he found there, a great mob. The
Governor of the Invalides came out, and represented the impossibility of
his delivering arms, without the orders of those from whom he received
them. De Corny advised the people then to retire, and retired himself;
and the people took possession of the arms. It was remarkable, that not
only the Invalides themselves made no opposition, but that a body of
five thousand foreign troops, encamped within four hundred yards, never
stirred. Monsieur de Corny and five others were then sent to ask arms of
Monsieur de Launai, Governor of the Bastile. They found a great collection
of people already before the place, and they immediately planted a flag
of truce, which was answered by a like flag hoisted on the parapet.
The deputation prevailed on the people to fall back a little, advanced
themselves to make their demand of the Governor, and in that instant a
discharge from the Bastile killed four people of those nearest to the
deputies. The deputies retired; the people rushed against the place, and
almost in an instant were in possession of a fortification, defended by
one hundred men, of infinite strength, which in other times had stood
several regular sieges, and had never been taken. How they got in, has,
as yet, been impossible to discover. Those who pretend to have been of
the party tell so many different stories, as to destroy the credit of
them all. They took all the arms, discharged the prisoners, and such
of the garrison as were not killed in the first moment of fury, carried
the Governor and Lieutenant Governor to the Gréve, (the place of public
execution,) cut off their heads, and sent them through the city in triumph
to the Palais Royal. About the same instant, a treacherous correspondence
having been discovered in Monsieur de Flesselles, Prevost des Marchands,
they seized him in the Hotel de Ville, where he was in the exercise of
his office, and cut off his head. These events, carried imperfectly to
Versailles, were the subject of two successive deputations from the States
to the King, to both of which he gave dry and hard answers; for it has
transpired, that it had been proposed and agitated in Council, to seize
on the principal members of the States General, to march the whole army
down upon Paris, and to suppress its tumults by the sword. But at night,
the Duke de Liancourt forced his way into the King's bed chamber, and
obliged him to hear a full and animated detail of the disasters of the day
in Paris. He went to bed deeply impressed. The decapitation of de Launai
worked powerfully through the night on the whole aristocratical party,
insomuch, that in the morning, those of the greatest influence on the
Count d'Artois, represented to him the absolute necessity that the King
should give up everything to the States. This according well enough with
the dispositions of the King, he went about eleven o'clock, accompanied
only by his brothers, to the States General, and there read to them a
speech, in which he asked their interposition to re-establish order.
Though this be couched in terms of some caution, yet the manner in which
it was delivered, made it evident that it was meant as a surrender at
discretion. He returned to the chateau a foot, accompanied by the States.
They sent off a deputation, the Marquis de La Fayette at their head, to
quiet Paris. He had, the same morning, been named Commandant-in-Chief
of the Milice Bourgeoise, and Monsieur Bailly, former President of the
States General, was called for as Prevost des Marchands. The demolition
of the Bastile was now ordered, and begun. A body of the Swiss guards of
the regiment of Ventimille, and the city horse guards, joined the people.
The alarm at Versailles increased instead of abating. They believed that
the aristocrats of Paris were under pillage and carnage, that one hundred
and fifty thousand men were in arms, coming to Versailles to massacre the
royal family, the court, the ministers, and all connected with them, their
practices and principles. The aristocrats of the Nobles and Clergy in
the States General, vied with each other in declaring how sincerely they
were converted to the justice of voting by persons, and how determined to
go with the nation all its lengths. The foreign troops were ordered off
instantly. Every minister resigned. The King confirmed Bailly as Prevost
des Marchands, wrote to Mr. Neckar to recall him, sent his letter open
to the States General, to be forwarded by them, and invited them to go
with him to Paris the next day, to satisfy the city of his dispositions;
and that night and the next morning, the Count d'Artois and Monsieur
de Montisson (a deputy connected with him) Madame de Polignac, Madame
de Guiche, and the Count de Vaudreuil, favorites of the Queen, the Abbé
de Vermont, her confessor, the Prince of Condé and Duke de Bourbon, all
fled; we know not whither. The King came to Paris, leaving the Queen
in consternation for his return. Omitting the less important figures
of the procession, I will only observe, that the King's carriage was in
the centre, on each side of it the States General, in two ranks, a foot,
and at their head the Marquis de La Fayette, as Commander-in-Chief, on
horseback, and Bourgeoise guards before and behind. About sixty thousand
citizens of all forms and colors, armed with the muskets of the Bastile
and Invalides, as far as they would go, the rest with pistols, swords,
pikes, pruning hooks, scythes, &c., lined all the streets through which
the procession passed, and, with the crowds of people in the streets,
doors and windows, saluted them everywhere with cries of "_vive la
nation_;" but not a single "_vive le roy_" was heard. The King stopped
at the Hotel de Ville. There Monsieur Bailly presented and put into his
hat the popular cockade, and addressed him. The King being unprepared
and unable to answer, Bailly went to him, gathered from him some scraps
of sentences, and made out an answer, which he delivered to the audience
as from the King. On their return, the popular cries were "_vive le roy
et la nation_." He was conducted by a Garde Bourgeoise to his palace at
Versailles, and thus concluded such an _amende honorable_, as no sovereign
ever made, and no people ever received. Letters written with his own
hand to the Marquis de La Fayette, remove the scruples of his position.
Tranquillity is now restored to the capital: the shops are again opened;
the people resuming their labors, and if the want of bread does not
disturb our peace, we may hope a continuance of it. The demolition of the
Bastile is going on, and the Milice Bourgeoise organizing and training.
The ancient police of the city is abolished by the authority of the
people, the introduction of the King's troops will probably be proscribed,
and a watch or city guards substituted, which shall depend on the city
alone. But we cannot suppose this paroxysm confined to Paris alone. The
whole country must pass successively through it, and happy if they get
through it as soon and as well as Paris has done.
I went yesterday to Versailles, to satisfy myself what had passed
there; for nothing can be believed but what one sees, or has from an
eye witness. They believe there still, that three thousand people have
fallen victims to the tumults of Paris. Mr. Short and myself have been
every day among them, in order to be sure what was passing. We cannot
find, with certainty, that anybody has been killed but the three before
mentioned, and those who fell in the assault or defence of the Bastile.
How many of the garrison were killed, nobody pretends to have ever heard.
Of the assailants, accounts vary from six to six hundred. The most general
belief is, that there fell about thirty. There have been many reports
of instantaneous executions by the mob, on such of their body as they
caught in acts of theft or robbery. Some of these may perhaps be true.
There was a severity of honesty observed, of which no example has been
known. Bags of money offered on various occasions through fear or guilt,
have been uniformly refused by the mobs. The churches are now occupied in
singing "_De profundis_" and "_Requiems_" "for the repose of the souls
of the brave and valiant citizens who have sealed with their blood the
liberty of the nation." Monsieur de Montmorin is this day replaced in the
department of foreign affairs, and Monsieur de St. Priest is named to the
home department. The gazettes of France and Leyden accompany this. I send,
also, a paper (called the Point du Jour), which will give you some idea of
the proceedings of the National Assembly. It is but an indifferent thing;
however, it is the best.
I have the honor to be, with great esteem and respect, Sir, your most
obedient, and most humble servant.
P. S. _July 21._ Mr. Neckar had left Brussels for Frankfort, before the
courier got there. We expect, however, to hear of him in a day or two.
Monsieur le Comte de La Luzerne has resumed the department of the marine
this day. Either this is an office of friendship effected by Monsieur de
Montmorin, (for though they had taken different sides, their friendship
continued,) or he comes in as a stop-gap, till somebody else can be found.
Though very unequal to his office, all agree that he is an honest man.
The Count d'Artois was at Valenciennes. The Prince of Condé and Duke de
Bourbon had passed that place.
FOOTNOTE:
[2] See it in the paper called Point du Jour, No. 23.
TO M. L'ABBÉ ARNOLD.
Paris, July 19, 1789.
Dear Sir,--The annexed is a catalogue of all the books I recollect on the
subject of juries. With respect to the value of this institution, I must
make a general observation. We think, in America, that it is necessary to
introduce the people into every department of government, as far as they
are capable of exercising it; and that this is the only way to insure a
long-continued and honest administration of its powers.
1. They are not qualified to exercise themselves the executive department,
but they are qualified to name the person who shall exercise it. With
us, therefore, they choose this officer every four years. 2. They are
not qualified to legislate. With us, therefore, they only choose the
legislators. 3. They are not qualified to _judge_ questions of _law_,
but they are very capable of judging questions of _fact_. In the form of
juries, therefore, they determine all matters of fact, leaving to the
permanent judges, to decide the law resulting from those facts. But we
all know that permanent judges acquire an _Esprit de corps_; that being
known, they are liable to be tempted by bribery; that they are misled
by favor, by relationship, by a spirit of party, by a devotion to the
executive or legislative power; that it is better to leave a cause to the
decision of cross and pile, than to that of a judge biased to one side;
and that the opinion of twelve honest jurymen gives still a better hope
of right, than cross and pile does. It is in the power, therefore, of the
juries, if they think permanent judges are under any bias whatever, in any
cause, to take on themselves to judge the law as well as the fact. They
never exercise this power but when they suspect partiality in the judges;
and by the exercise of this power, they have been the firmest bulwarks
of English liberty. Were I called upon to decide, whether the people had
best be omitted in the legislative or judiciary department, I would say
it is better to leave them out of the legislative. The execution of the
laws is more important than the making them. However, it is best to have
the people in all the three departments, where that is possible.
I write in great haste, my dear Sir, and have, therefore, only time to add
wishes for the happiness of your country, to which a new order of things
is opening; and assurances of the sincere esteem with which I have the
honor to be, dear Sir, your most obedient and humble servant.
_Books on the subject of Juries._
Complete Juryman, or a compendium of the laws relating to jurors.
Guide to English juries.
Hawles' Englishman's right.
Juror's judges both of law and fact, by Jones.
Security of Englishmen's lives, or the duty of grand juries.
Walwin's juries justified.
TO MR. MADISON.
Paris, July 22, 1789.
Dear Sir,--My last to you was of the 18th of June. Within a day or two
after, yours of May the 9th came to hand. In the rest of Europe nothing
remarkable has happened; but in France such events as will be forever
memorable in history. To begin where my last left them, the King took
on himself to decide the great question of voting by persons or orders,
by a declaration made at a _seance royale_ on the 23d of June. In the
same declaration he inserted many other things, some good, some bad. The
Tiers, undismayed, resolved the whole was a mere nullity, and proceeded
as if nothing had happened. The majority of the clergy joined them,
and a small part of the nobles. The uneasiness produced by the King's
declaration occasioned the people to collect about the palace in the
evening of the same day. The King and Queen were alarmed and sent for Mr.
Neckar. He was conducted to and from the palace amidst the acclamations
of the people. The French guards were observed to be mixed in great
numbers with the people and to participate of their passions. This made
so decisive an impression, that the King on the 27th wrote to the clergy
and nobles, who had not yet joined the Tiers, recommending to them to go
and join them. They did so, and it was imagined all was now settled. It
was soon observed, however, that troops, and those the foreign troops,
were marching towards Paris from different quarters. The States addressed
the King to forbid their approach. He declared it was only to preserve
the tranquillity of Paris and Versailles, and I believe he thought so.
The command of those troops was given to the Marshal Broglio, and it was
observed that the Baron de Breteuil was going daily to Versailles. On
the 11th, there being now thirty thousand foreign troops in and between
Paris and Versailles, Mr. Neckar was dismissed and ordered to retire
privately. The next day the whole ministry was changed except Villedeuil
and Barentin. Breteuil, Broglio and Vauguyon were the principal persons
named in the new. A body of cavalry were advanced into Paris to awe
them. The people attacked and routed them, killing one of the cavalry
and losing a French guard. The corps of French guards gathered stronger,
followed the cavalry, attacked them in the street, (_the rue basse des
ramparts_,) and killed four. (I did not know this fact with certainty
when I wrote to Mr. Jay, it is therefore not in my letter. I since have
it from an eye-witness.) The insurrection became now universal. The next
day (the 13th) the people forced a prison and took some arms. On the
14th a committee was framed by the city, with powers corresponding to our
committees of safety. They resolve to raise a city militia of forty-eight
thousand men. The people attack the invalids and get a great store of
arms. They then attack and carry the Bastile, cut off the Governor's and
Lieutenant-Governor's heads, and that also of the Prevost des Marchand's,
discovered in a treacherous correspondence. While these things were
doing here, the council is said to have been agitating at Versailles a
proposition to arrest a number of the members of the States, to march all
the foreign troops against Paris, and suppress the tumult by the sword.
But the decapitations being once known there, and that there were fifty
or sixty thousand men in arms, the King went to the States, referred
everything to them, and ordered away the troops. The City Committee named
the Marquis de La Fayette commander-in-chief. They went on organizing
their militia, the tumult continued, and a noise spread about Versailles
that they were coming to massacre the court, the ministry, &c. Every
minister hereupon resigned and fled, the Count d'Artois, Prince of Condé,
Duke de Bourbon, the family of Polignacs, the Count de Vaudreuil, Abbé
Vermont, confessor of the Queen, and key-stone of all the intrigues, all
fled out of the kingdom. The King agreed to recall Mr. Neckar, reappointed
Montmorin and St. Priest, friends of Neckar, and came with the States
General to Paris to satisfy the city of his dispositions. All the streets
through which he passed were lined with Bourgeoise, armed with guns,
pistols, pikes, pruning-hooks, scythes, and whatever they could lay
hold of, about sixty thousand. The States General on foot on each side
of his coach, the Marquis de La Fayette at their head, on horseback.
He returned to Versailles in the same order, to the great joy of the
remaining courtiers, who feared he would have been detained in Paris.
The tumults in the city had pretty well subsided, but to-day they have
been revived by a new incident. Foulon, one of the fugitive ministers,
was taken in the country, (it is said by his own tenants,) and brought
to Paris. Every possible effort of persuasion was exerted in vain to
save him. He was forced from the hands of the Gardes Bourgeoises by the
mob, was hung, and after severing his head, the body was dragged by the
enraged populace through the principal streets of Paris. The Intendant of
Paris (de Chauvigny), accused of having been in the plots with the late
ministry, and who had fled, was taken at Compiegne, and a party of two
hundred militia horse are now gone for him. If they bring him to Paris it
will be impossible to save him. Monsieur de La Luzerne was reappointed
minister of marine yesterday. Your last letter says nothing of my leave
of absence. The season is so far advanced towards the Equinox, that if
it comes to hand I shall not leave Europe till that be over. Indeed this
scene is too interesting to be left at present. But if the permission does
not come in time for my passage in the fall, the necessity of my going is
so imperious, that I shall be in a most distressing dilemma.
I am, with sincere esteem and respect, dear Sir, your affectionate friend
and servant.
P. S. _July 23._ I just learn that Bertier de Chauvigny was brought to
town in the night and massacred immediately.
TO JOHN JAY.
Paris, July 23, 1789.
Sir,--The bearer of my letters (a servant of Mr. Morris) not going off
till to-day, I am enabled to add to their contents. The spirit of tumult
seemed to have subsided, when, yesterday, it was excited again, by a
particular incident. Monsieur Foulon, one of the obnoxious ministry,
who, as well as his brethren, had absconded, was taken in the country,
and, as is said, by his own tenants, and brought to Paris. Great efforts
were exerted by popular characters, to save him. He was at length forced
out of the hands of the Garde Bourgeoise, hung immediately, his head
cut off, and his body drawn through the principal streets of the city.
The Intendant of Paris, Monsieur de Chauvigny, accused of having entered
into the designs of the said ministry, has been taken at Compiegne, and a
body of two hundred men on horseback have gone for him. If he be brought
here, it will be difficult to save him. Indeed, it is hard to say at what
distance of time the presence of one of those ministers, or of any of
the most obnoxious of the fugitive courtiers, will not rekindle the same
blood-thirsty spirit. I hope it is extinguished as to everybody else,
and yesterday's example will teach them to keep out of its way. I add two
other sheets of the Point du Jour, and am, with the most perfect esteem
and respect, Sir, your most obedient, and most humble servant.
P. S. I just now learn that Bertier de Chauvigny was brought to town last
night, and massacred immediately.
TO JOHN JAY.
Paris, July 29, 1789.
Sir,--I have written you lately, on the 24th of June, with a postscript
of the 25th; on the 29th of the same month; the 19th of July, with a
postscript of the 21st; and again on the 23d. Yesterday I received yours
of the 9th of March, by the way of Holland.
Mr. Neckar has accepted his appointment, and will arrive to-day from
Switzerland, where he had taken refuge. No other ministers have been
named since my last. It is thought that Mr. Neckar will choose his own
associates. The tranquillity of Paris has not been disturbed since the
death of Foulon and Bertier mentioned in my last. Their militia is in a
course of organization. It is impossible to know the exact state of the
supplies of bread. We suppose them low and precarious, because, some days,
we are allowed to buy but half or three-fourths of the daily allowance
of our families. Yet as the wheat harvest must begin within ten days or
a fortnight, we are in hopes there will be subsistence found till that
time. This is the only source from which I should fear a renewal of the
late disorders; for I take for granted, the fugitives from the wrath of
their country are all safe in foreign countries. Among these, are numbered
seven Princes of the house of Bourbon, and six ministers; the seventh (the
Marshal de Broglio), being shut up in the fortified town of Metz, strongly
garrisoned with foreign soldiers. I observed to you, in a preceding
letter, that the storm which had begun in Paris, on the change of the
ministry, would have to pass over the whole country, and consequently
would, for a short time, occasion us terrible details from the different
parts of it. Among these, you will find a horrid one retailed from Vesoul,
in French Compté. The atrociousness of the fact would dispose us rather
to doubt the truth of the evidence on which it rests, however regular
that appears. There is no question, that a number of people were blown
up; but there are reasons for suspecting that it was by accident and not
design. It is said the owner of the chateau sold powder by the pound,
which was kept in the cellar of the house blown up; and it is possible,
some one of the guests may have taken this occasion to supply himself,
and been too careless in approaching the mass. Many idle stories have
also been propagated and believed here, against the English, as that they
have instigated the late tumults with money, that they had taken or were
preparing to take Cherbourg, Brest, &c.; and even reasonable men have
believed, or pretended to believe, all these. The British ambassador has
thought it necessary to disavow them in a public letter, which you will
find in one of the papers accompanying this.
I have lately had an opportunity of knowing with certainty, the present
state of the King of England. His recovery was slow; he passed through
a stage of profound melancholy; but this has at length dissipated, and
he is at present perfectly re-established. He talks now as much as ever,
on the same trifling subjects, and has recovered even his habitual
inquisitiveness into the small news of the families about him. His
health is also good, though he is not as fleshy as he used to be. I have
multiplied my letters to you lately, because the scene has been truly
interesting; so much so, that had I received my permission to pay my
projected visit to my own country, I should have thought, and should still
think it my duty to defer it awhile. I presume it cannot now be long,
before I receive your definitive answer to my request. I send herewith the
public papers, as usual; and have the honor to be, with the most perfect
esteem and respect, Sir, your most obedient, and most humble servant.
TO MR. CARMICHAEL.
Paris, August 9, 1789.
Dear Sir,--Since your last of March the 27th, I have only written that of
May the 8th. The cause of this long silence, on both parts, has been the
expectation I communicated to you of embarking for America. In fact, I
have expected permission for this, every hour since the month of March,
and therefore always thought that by putting off writing to you a few
days, my letter, while it should communicate the occurrences of the day,
might be a letter of adieu. Should my permission now arrive, I should
put off my departure till after the equinox. They write me that my not
receiving it, has proceeded from the ceasing of the old government in
October last, and the organization of the higher departments in the new,
which had not yet taken place when my last letters came away. Bills had
been brought in for establishing departments of Foreign Affairs, Finance,
and War. The last would certainly be given to General Knox. Mr. Jay would
probably have his choice of the first and second; and it is supposed
Hamilton would have that which Mr. Jay declined. Some thought Mr. Jay
would prefer and obtain the head of the law department, for which Wilson
would be a competitor. In such a case; some have supposed C. Thompson
would ask the Foreign Affairs. The Senate and Representatives differed
about the title of the President. The former wanted to style him "His
Highness, George Washington, President of the United States, and Protector
of their liberties." The latter insisted and prevailed, to give no title
but that of office, to wit, "George Washington, President of the United
States." I hope the terms of Excellency, Honor, Worship, Esquire, forever
disappear from among us, from that moment: I wish that of Mr. would follow
them. In the impost bill, the Representatives had, by almost an unanimous
concurrence, made a difference between nations in treaty with us, and
those not in treaty. The Senate had struck out this difference and lowered
all the duties. Quære, whether the Representatives would yield? Congress
were to proceed about the 1st of June to propose amendments to the new
Constitution. The principal would be, the annexing a declaration of rights
to satisfy the mind of all, on the subject of their liberties. They waited
the arrival of Brown, delegate from Kentucky, to take up the receiving
that district as a fourteenth State. The only objections apprehended,
were from the partisans of Vermont, who might insist on both coming in
together. This would produce a delay, though probably not a long one.
To detail to you the events of this country, would require a volume. It
would be useless too; because those given in the Leyden gazette, though
not universally true, have so few and such unimportant errors mixed with
them, that you may have a general faith in them. I will rather give you,
therefore, what that paper cannot give, the views of the prevailing power,
as far as they can be collected from conversation and writings. They
will distribute the powers of government into three parts, legislative,
judiciary, and executive. The legislative will certainly have no
hereditary branch, and probably not even a select one (like our Senate).
If they divide it into two chambers at all, it will be by breaking the
representative body into two equal halves by lot. But very many are
for a single House, and particularly the Turgotists. The imperfection
of their legislative body, I think, will be, that not a member of it
will be chosen by the people directly. Their representation will be an
equal one, in which every man will elect and be elected as a citizen,
not as of a distinct order. Quære, whether they will elect placemen and
pensioners? Their legislature will meet periodically, and set at their
own will, with a power in the executive to call them extraordinarily,
in case of emergencies. There is a considerable division of sentiment
whether the executive shall have a negative on the laws. I think they will
determine to give such a negative, either absolute or qualified. In the
judiciary, the parliaments will be suppressed, less numerous judiciary
bodies instituted, and trial by jury established in criminal, if not
in civil cases. The executive power will be left entire in the hands of
the King. They will establish the responsibility of ministers, gifts and
appropriations of money by the National Assembly alone; consequently,
a civil list, freedom of the press, freedom of religion, freedom of
commerce and industry, freedom of person against arbitrary arrests, and
modifications, if not a total prohibition of military agency in civil
cases. I do not see how they can prohibit altogether the aid of the
military in cases of riot, and yet I doubt whether they can descend from
the sublimity of ancient military pride, to let a Marechal of France
with his troops, be commanded by a Magistrate. They cannot conceive, that
General Washington, at the head of his army, during the late war, could
have been commanded by a common Constable to go as his _posse comitatus_,
to suppress a mob, and that Count Rochambeau, when he was arrested at the
head of his army by a sheriff, must have gone to jail if he had not given
bail to appear in court. Though they have gone astonishing lengths, they
are not yet thus far. It is probable, therefore, that not knowing how to
use the military as a civil weapon, they will do too much or too little
with it.
I have said that things will be so and so. Understand by this, that these
are only my conjectures, the plan of the constitution not being proposed
yet, much less agreed to. Tranquillity is pretty well established in
the capital; though the appearance of any of the refugees here would
endanger it. The Baron de Besenval is kept away; so is M. de la Vauguyon.
The latter was so short a time a member of the obnoxious administration,
that probably he might not be touched were he here. Seven Princes of the
house of Bourbon, and seven ministers, fled into foreign countries, is a
wonderful event indeed.
I have the honor to be, with great respect and attachment, dear Sir, your
most obedient, and most humble servant.
TO JOHN JAY.
Paris, August 27, 1789.
Sir,--I am honored with your favor of June the 19th, informing me that
permission is given me to make a short visit to my native country, for
which indulgence I beg leave to return my thanks to the President, and
to yourself, Sir, for the expedition with which you were so good as to
forward it, after it was obtained. Being advised that October is the
best month of the autumn for a passage to America, I shall wish to sail
about the first of that month; and as I have a family with me, and their
baggage is considerable, I must endeavor to find a vessel bound directly
for Virginia, if possible.
My last letters to you have been of the 5th and 12th instant. Since these,
I received information from our bankers in Holland, that they had money
in hand sufficient to answer the demands for the foreign officers, and for
the captives; and that moreover, the residue of the bonds of the last loan
were engaged. I hereupon wrote to Mr. Grand for an exact estimate of the
sum necessary for the officers. He had stated it to me as being forty-five
thousand six hundred and fifty-two livres eleven sous six deniers, a
year, when I was going to Holland to propose the loan to Mr. Adams, and
at that sum, you will see it was stated in the estimate we sent you from
Amsterdam. He now informed me it was sixty thousand three hundred and
ninety-three livres seventeen sous ten deniers, a year. I called on him
for an explanation. He showed me that his first information agreed with
the only list of the officers and sums then in his possession, and his
last with a new list lately sent from the treasury board in which other
officers were set down, who had been omitted in the first. I wrote to
our bankers an account of this error, and desired to know whether, after
reserving the money necessary for the captives, they were in condition to
furnish two hundred and fifty-four thousand livres for the officers. They
answered me by sending the money, and the additional sum of twenty-six
thousand livres, to complete the business of the medals. I delivered the
bills to Messrs. Grand and company, to negotiate and pay away; and the
arrears to the officers to the first day of the present year, are now in
a course of payment. While on this subject, I will ask that an order may
be forwarded to the bankers in Holland to furnish, and to Mr. Grand to
pay, the arrearages which may be due on the first of January next. The
money being in hand, it would be a pity that we should fail in payment
a single day, merely for want of an order. The bankers further give it
as their opinion, that our credit is so much advanced on the exchange of
Amsterdam, that we may probably execute any money arrangements we may have
occasion for, on this side the water. I have the honor to send you a copy
of their letter. They have communicated to me apprehensions, that another
house was endeavoring to obtain the business of our government. Knowing
of no such endeavors myself, I have assured them that I am a stranger to
any applications on the subject. At the same time, I cannot but suspect
that this jealousy has been one of the spurs, at least, to the prompt
completion of our loan. The spirited proceedings of the new Congress in
the business of revenue, has doubtless been the principal one.
An engagement has taken place between the Russian and Swedish fleets in
the Baltic, which has been not at all decisive, no ship having been lost
on either side. The Swedes claim a victory, because they remained in the
field till the Russians quitted it. The latter effected a junction soon
after with another part of their fleet, and being now about ten ships
strongest, the Swedes retired into port, and it is imagined they will
not appear again under so great disparity; so that the campaign by sea
is supposed to be finished. Their commerce will be at the mercy of their
enemies; but they have put it out of the power of the Russians to send
any fleet to the Mediterranean this year.
A revolution has been effected very suddenly in the bishopric of Liege.
Their constitution had been changed by force, by the reigning sovereign,
about one hundred years ago. This subject had been lately revived
and discussed in print. The people were at length excited to assemble
tumultuously. They sent for their Prince, who was at his country seat, and
required him to come to the town house to hear their grievances. Though
in the night, he came instantly and was obliged to sign a restitution of
their ancient constitution, which took place on the spot, and all became
quiet without a drop of blood spilt. This fact is worthy notice, only as
it shows the progress of the spirit of revolution.
No act of violence has taken place in Paris since my last, except on
account of the difference between the French and Swiss guards, which gave
rise to occasional single combats, in which five or six were killed.
The difference is made up. Some misunderstandings had arisen between
the committees of the different districts of Paris, as to the form of
the future municipal government. These gave uneasiness for awhile, but
have been also reconciled. Still there is such a leaven of fermentation
remaining in the body of the people, that acts of violence are always
possible, and are quite unpunishable; there being, as yet, no judicature
which can venture to act in any case, however small or great. The country
is becoming more calm. The embarrassments of the government, for want of
money, are extreme. The loan of thirty millions proposed by Mr. Neckar,
has not succeeded at all. No taxes are paid. A total stoppage of all
payment to the creditors of the State is possible every moment. These
form a great mass in the city as well as country, and among the lower
class of people too, who have been used to carry their little savings of
their service into the public funds upon life rents of five, ten, twenty
guineas a year, and many of whom have no other dependence for daily
subsistence. A prodigious number of servants are now also thrown out of
employ by domestic reforms, rendered necessary by the late events. Add
to this, the want of bread, which is extreme. For several days past, a
considerable proportion of the people have been without bread altogether;
for though the new harvest is begun, there is neither water nor wind to
grind the grain. For some days past the people have besieged the doors
of the bakers, scrambled with one another for bread, collected in squads
all over the city, and need only some slight incident to lead them to
excesses which may end in, nobody can tell what. The danger from the want
of bread, however, which is the most imminent, will certainly lessen in
a few days. What turn that may take which arises from the want of money,
is difficult to be foreseen. Mr. Neckar is totally without influence in
the National Assembly, and is, I believe, not satisfied with this want
of importance. That Assembly has just finished their bill of rights. The
question will then be, whether to take up first the constitution or the
business of finance.
No plan of a constitution has been yet given in. But I can state to
you the outlines of what the leading members have in contemplation.
The executive power in a hereditary King, with power of dissolving the
legislature, and a negative on their laws; his authority in forming
treaties to be greatly restrained. The legislative to be a single House
of representatives, chosen for two or three years. They propose a body
whom they call a Senate, to be chosen by the Provincial Assemblies, as our
federal Senate is, but with no power of negativing or amending laws; they
may only remonstrate on them to the representatives, who will decide by a
simple majority the ultimate event of the law. This body will therefore be
a mere council of revision. It is proposed that they shall be of a certain
age and property, and be for life. They may make them also their court of
impeachment. They will suppress the parliaments, and establish a system of
judicature somewhat like that of England, with trial by jury in criminal
cases, perhaps also in civil. Each province will have a subordinate
provincial government, and the great cities, a municipal one on a free
basis. These are the ideas and views of the most distinguished members.
But they may suffer great modifications from the Assembly, and the longer
the delay, the greater will be the modifications. Considerable interval
having taken place since any popular execution, the aristocratic party is
raising its head. They are strengthened by a considerable defection from
the patriots, in consequence of the general suppression of the abuses of
the 4th of August, in which many were interested. Another faction too, of
the most desperate views, has acquired strength in the Assembly, as well
as out of it. These wish to dethrone the reigning branch, and transfer
the crown to the Duke d'Orleans. The members of this faction are mostly
persons of wicked and desperate fortunes, who have nothing at heart
but to pillage from the wreck of their country. The Duke himself is as
unprincipled as his followers; sunk in debaucheries of the lowest kind,
and incapable of quitting them for business; not a fool, yet not head
enough to conduct anything. In fact, I suppose him used merely as a tool,
because of his immense wealth, and that he acquired a certain degree of
popularity by his first opposition to the government, then credited to
him as upon virtuous motives. He is certainly borrowing money on a large
scale. He is in understanding with the court of London, where he had been
long in habits of intimacy. The ministry here are apprehensive, that that
ministry will support his designs by war. I have no idea of this, but no
doubt, at the same time, that they will furnish him money liberally to
aliment a civil war, and prevent the regeneration of this country.
It was suggested to me, some days ago, that the court of Versailles
were treating with that of London, for a surrender of their West India
possessions, in consideration of a great sum of money to relieve their
present distress. Every principle of common sense was in opposition
to this fact; yet it was so affirmed as to merit inquiry. I became
satisfied the government had never such an idea; but that the story
was not without foundation altogether; that something like this was in
contemplation between the faction of Orleans and the court of London,
as a means of obtaining money from that court. In a conversation with
the Count de Montmorin, two days ago, he told me their colonies were
speaking a language which gave them uneasiness, and for which there
was no foundation. I asked him if he knew anything of what I have just
mentioned. He appeared unapprized of it, but to see at once that it would
be a probable speculation between two parties circumstanced and principled
as those two are. I apologized to him for the inquiries I had made into
this business, by observing that it would be much against our interest,
that any one power should monopolize all the West India islands. "Parde,
assurement," was his answer.
The _emancipation_ of their islands is an idea prevailing in the minds
of several members of the National Assembly, particularly those most
enlightened and most liberal in their views. Such a step by this country
would lead to other emancipations or revolutions in the same quarter. I
enclose you some papers received from Mr. Carmichael, relative to the
capture of one of our vessels by a Morocco cruiser, and restitution
by the Emperor. I shall immediately write to M. Chiappe, to express a
proper sense of the Emperor's friendly dispositions to us. I forward
also the public papers to the present date; and have the honor to be,
with sentiments of the most perfect esteem and respect, Sir, your most
obedient, and most humble servant.
TO JAMES MADISON.
Paris, August 28, 1789.
Dear Sir,--My last to you was of July the 22d. Since that, I have received
yours of May the 27th, June 13th and 30th. The tranquillity of the city
has not been disturbed since my last. Dissensions between the French and
Swiss guards occasioned some private combats, in which five or six were
killed. These dissensions are made up. The want of bread for some days
past, has greatly endangered the peace of the city. Some get a little,
some none at all. The poor are the best served, because they besiege
perpetually the doors of the bakers. Notwithstanding this distress, and
the palpable importance of the city administration to furnish bread to
the city, it was not till yesterday, that general leave was given to the
bakers to go into the country and buy flour for themselves as they can.
This will soon relieve us, because the wheat harvest is well advanced.
Never was there a country where the practice of governing too much, had
taken deeper root and done more mischief. Their declaration of rights
is finished. If printed in time, I will enclose a copy with this. It is
doubtful whether they will now take up the finance or the constitution
first. The distress for money endangers everything. No taxes are paid, and
no money can be borrowed. Mr. Neckar was yesterday to give in a memoir
to the Assembly, on this subject. I think they will give him leave to
put into execution any plan he pleases, so as to debarrass themselves
of this, and take up that of the constitution. No plan is yet reported;
but the leading members (with some small difference of opinion) have in
contemplation the following: The executive power in a hereditary King,
with a negative on laws, and power to dissolve the legislature; to be
considerably restrained in the making of treaties, and limited in his
expenses. The legislative is a House of representatives. They propose a
Senate also, chosen on the plan of our federal Senate by the Provincial
Assemblies, but to be for life, of a certain age (they talk of forty
years), and certain wealth (four or five hundred guineas a year), but
to have no other power against the laws but to remonstrate against them
to the representatives, who will then determine their fate by a simple
majority. This, you will readily perceive, is a mere council of revision,
like that of New York, which, in order to be something, must form an
alliance with the King, to avail themselves of his veto. The alliance will
be useful to both, and to the nation. The representatives to be chosen
every two or three years. The judiciary system is less prepared than any
other part of the plan; however, they will abolish the parliaments, and
establish an order of judges and justices, general and provincial, a good
deal like ours, with trial by jury in criminal cases certainly, perhaps
also in civil. The provinces will have Assemblies for their provincial
government, and the cities a municipal body for municipal government, all
founded on the basis of popular election. These subordinate governments,
though completely dependent on the general one, will be intrusted with
almost the whole of the details which our State governments exercise.
They will have their own judiciary, final in all but great cases, the
executive business will principally pass through their hands, and a
certain local legislature will be allowed them. In short, ours has been
professedly their model, in which such changes are made as a difference
of circumstances rendered necessary, and some others neither necessary nor
advantageous, but into which men will ever run, when versed in theory and
new in the practice of government, when acquainted with man only as they
see him in their books and not in the world. This plan will undoubtedly
undergo changes in the Assembly, and the longer it is delayed, the greater
will be the changes; for that Assembly, or rather the patriotic part of
it, hooped together heretofore by a common enemy, are less compact since
their victory. That enemy (the civil and ecclesiastical aristocracy)
begins to raise its head. The lees, too, of the patriotic party, of
wicked principles and desperate fortunes, hoping to pillage something
in the wreck of their country, are attaching themselves to the faction
of the Duke of Orleans; that faction is caballing with the populace, and
intriguing at London, the Hague, and Berlin, and have evidently in view
the transfer of the crown to the Duke of Orleans. He is a man of moderate
understanding, of no principle, absorbed in low vice, and incapable of
extracting himself from the filth of that, to direct anything else. His
name and his money, therefore, are mere tools in the hands of those who
are duping him.
* * * * *
They may produce a temporary confusion, and even a temporary civil war,
supported, as they will be, by the money of England; but they cannot have
success ultimately. The King, the mass of the substantial people of the
whole country, the army, and the influential part of the clergy, form a
firm phalanx which must prevail. Should those delays which necessarily
attend the deliberations of a body of one thousand two hundred men, give
time to this plot to ripen and burst, so as to break up the Assembly
before anything definite is done, a constitution, the principles of which
are pretty well settled in the minds of the Assembly, will be proposed by
the national militia (* * * * *), urged by the individual members of the
Assembly, signed by the King, and supported by the nation, to prevail till
circumstances shall permit its revision and more regular sanction. This I
suppose the _pis aller_ of their affairs, while their probable event is
a peaceable settlement of them. They fear a war from England, Holland,
and Prussia. I think England will give money, but not make war. Holland
would soon be a fire, internally, were she to be embroiled in external
difficulties. Prussia must know this, and act accordingly.
It is impossible to desire better dispositions towards us than prevail
in this Assembly. Our proceedings have been viewed as a model for them
on every occasion; and though in the heat of debate, men are generally
disposed to contradict every authority urged by their opponents, ours
has been treated like that of the Bible, open to explanation, but not to
question. I am sorry that in the moment of such a disposition, anything
should come from us to check it. The placing them on a mere footing with
the English, will have this effect. When of two nations, the one has
engaged herself in a ruinous war for us, has spent her blood and money to
save us, has opened her bosom to us in peace, and received us almost on
the footing of her own citizens, while the other has moved heaven, earth,
and hell to exterminate us in war, has insulted us in all her councils in
peace, shut her doors to us in every part where her interests would admit
it, libelled us in foreign nations, endeavored to poison them against the
reception of our most precious commodities; to place these two nations on
a footing, is to give a great deal more to one than to the other, if the
maxim be true, that to make unequal quantities equal, you must add more to
one than the other. To say, in excuse, that gratitude is never to enter
into the motives of national conduct, is to revive a principle which has
been buried for centuries with its kindred principles of the lawfulness
of assassination, poison, perjury, &c. All of these were legitimate
principles in the dark ages which intervened between ancient and modern
civilization, but exploded and held in just horror in the eighteenth
century. I know but one code of morality for men, whether acting singly
or collectively. He who says I will be a rogue when I act in company with
a hundred others, but an honest man when I act alone, will be believed in
the former assertion, but not in the latter. I would say with the poet,
"_hic niger est, hunc tu Romane cavato_." If the morality of one man
produces a just line of conduct in him, acting individually, why should
not the morality of one hundred men produce a just line of conduct in
them, acting together? But I indulge myself in these reflections, because
my own feelings run me into them; with you they were always acknowledged.
Let us hope that our new government will take some other occasions to
show, that they mean to proscribe no virtue from the canons of their
conduct with other nations. In every other instance, the new government
has ushered itself to the world as honest, masculine, and dignified. It
has shown genuine dignity, in my opinion, in exploding adulatory titles;
they are the offerings of abject baseness, and nourish that degrading vice
in the people.
I must now say a word on the declaration of rights, you have been so good
as to send me. I like it, as far as it goes; but I should have been for
going further. For instance, the following alterations and additions would
have pleased me. Article 4. "The people shall not be deprived of their
right to speak, to write, or _otherwise_ to publish anything but false
facts affecting injuriously the life, liberty, property or reputation of
others, or affecting the peace of the confederacy with foreign nations.
Article 7. All facts put in issue before any judicature, shall be tried by
jury, except, 1, in cases of admiralty jurisdiction, wherein a foreigner
shall be interested; 2, in cases cognizable before a court martial,
concerning only the regular officers and soldiers of the United States, or
members of the militia in actual service in time of war or insurrection;
and 3, in impeachments allowed by the constitution. Article 8. No person
shall be held in confinement more than ---- days after he shall have
demanded and been refused a writ of habeas corpus by the judge appointed
by law, nor more than ---- days after such a writ shall have been served
on the person holding him in confinement, and no order given on due
examination for his remandment or discharge, nor more than ---- hours in
any place at a greater distance than ---- miles from the usual residence
of some judge authorized to issue the writ of habeas corpus; nor shall
that writ be suspended for any term exceeding one year, nor in any place
more than ---- miles distant from the State or encampment of enemies or
of insurgents. Article 9. Monopolies may be allowed to persons for their
own productions in literature, and their own inventions in the arts, for
a term not exceeding ---- years, but for no longer term, and no other
purpose. Article 10. All troops of the United States shall stand _ipso
facto_ disbanded, at the expiration of the term for which their pay and
subsistence shall have been last voted by Congress, and all officers and
soldiers, not natives of the United States, shall be incapable of serving
in their armies by land, except during a foreign war." These restrictions
I think are so guarded, as to hinder evil only. However, if we do not have
them now, I have so much confidence in my countrymen, as to be satisfied
that we shall have them as soon as the degeneracy of our government shall
render them necessary.
I have no certain news of Paul Jones. I understand only, in a general
way, that some persecution on the part of his officers occasioned his
being called to St. Petersburg, and that though protected against them
by the Empress, he is not yet restored to his station. Silas Deane
is coming over to finish his days in America, not having one sous to
subsist on, elsewhere. He is a wretched monument of the consequences of
a departure from right. I will, before my departure, write Colonel Lee
fully the measures I have pursued to procure success in his business,
and which as yet offer little hope; and I shall leave it in the hands
of Mr. Short to be pursued, if any prospect opens on him. I propose to
sail from Havre as soon after the first of October as I can get a vessel;
and shall consequently leave this place a week earlier than that. As my
daughters will be with me, and their baggage somewhat more than that of
mere _voyageures_, I shall endeavor, if possible, to obtain a passage for
Virginia directly. Probably I shall be there by the last of November. If
my immediate attendance at New York should be requisite for any purpose,
I will leave them with a relation near Richmond, and proceed immediately
to New York. But as I do not foresee any pressing purpose for that
journey immediately on my arrival, and as it will be a great saving of
time, to finish at once in Virginia, so as to have no occasion to return
there after having once gone to the northward, I expect to proceed to
my own house directly. Staying there two months (which I believe will be
necessary), and allowing for the time I am on the road, I may expect to be
at New York in February, and to embark from thence or some eastern port.
You ask me if I would accept any appointment on that side of the water?
You know the circumstances which led me from retirement, step by step, and
from one nomination to another, up to the present. My object is a return
to the same retirement; whenever, therefore, I quit the present, it will
not be to engage in any other office, and most especially any one which
would require a constant residence from home. The books I have collected
for you will go off for Havre in three or four days, with my baggage. From
that port, I shall try to send them by a direct occasion to New York. I
am, with great and sincere esteem, dear Sir, your affectionate friend and
servant.
P. S. I just now learn that Mr. Neckar proposed yesterday to the National
Assembly a loan of eighty millions, on terms more tempting to the lender
than the former, and that they approved it, leaving him to arrange the
details, in order that they might occupy themselves at once about to the
constitution.
TO JAMES MADISON.
Paris, September 6, 1789.
Dear Sir,--I sit down to write to you without knowing by what occasion I
shall send my letter. I do it, because a subject comes into my head, which
I would wish to develop a little more than is practicable in the hurry of
the moment of making up general despatches.
The question, whether one generation of men has a right to bind another,
seems never to have been started either on this or our side of the water.
Yet it is a question of such consequences as not only to merit decision,
but place also among the fundamental principles of every government. The
course of reflection in which we are immersed here, on the elementary
principles of society, has presented this question to my mind; and that no
such obligation can be transmitted, I think very capable of proof. I set
out on this ground, which I suppose to be self-evident, that the _earth
belongs in usufruct to the living_; that the dead have neither powers nor
rights over it. The portion occupied by any individual ceases to be his
when himself ceases to be, and reverts to the society. If the society
has formed no rules for the appropriation of its lands in severality,
it will be taken by the first occupants, and these will generally be
the wife and children of the decedent. If they have formed rules of
appropriation, those rules may give it to the wife and children, or to
some one of them, or to the legatee of the deceased. So they may give it
to its creditor. But the child, the legatee or creditor, takes it, not by
natural right, but by a law of the society of which he is a member, and
to which he is subject. Then, no man can, by _natural right_, oblige the
lands he occupied, or the persons who succeed him in that occupation, to
the payment of debts contracted by him. For if he could, he might during
his own life, eat up the usufruct of the lands for several generations to
come; and then the lands would belong to the dead, and not to the living,
which is the reverse of our principle.
What is true of every member of the society, individually, is true of
them all collectively; since the rights of the whole can be no more than
the sum of the rights of the individuals. To keep our ideas clear when
applying them to a multitude, let us suppose a whole generation of men
to be born on the same day, to attain mature age on the same day, and to
die on the same day, leaving a succeeding generation in the moment of
attaining their mature age, all together. Let the ripe age be supposed
of twenty-one years, and their period of life thirty-four years more,
that being the average term given by the bills of mortality to persons of
twenty-one years of age. Each successive generation would, in this way,
come and go off the stage at a fixed moment, as individuals do now. Then
I say, the earth belongs to each of these generations during its course,
fully and in its own right. The second generation receives it clear of
the debts and incumbrances of the first, the third of the second, and so
on. For if the first could charge it with a debt, then the earth would
belong to the dead and not to the living generation. Then, no generation
can contract debts greater than maybe paid during the course of its own
existence. At twenty-one years of age, they may bind themselves and their
lands for thirty-four years to come; at twenty-two, for thirty-three;
at twenty-three, for thirty-two; and at fifty-four, for one year only;
because these are the terms of life which remain to them at the respective
epochs. But a material difference must be noted, between the succession of
an individual and that of a whole generation. Individuals are parts only
of a society, subject to the laws of a whole. These laws may appropriate
the portion of land occupied by a decedent, to his creditor, rather than
to any other, or to his child, on condition he satisfies the creditor.
But when a whole generation, that is, the whole society, dies, as in the
case we have supposed, and another generation or society succeeds, this
forms a whole, and there is no superior who can give their territory to
a third society, who may have lent money to their predecessors, beyond
their faculties of paying.
What is true of generations succeeding one another at fixed epochs,
as has been supposed for clearer conception, is true for those renewed
daily, as in the actual course of nature. As a majority of the contracting
generation will continue in being thirty-four years, and a new majority
will then come into possession, the former may extend their engagement
to that term, and no longer. The conclusion then, is, that neither the
representatives of a nation, nor the whole nation itself assembled, can
validly engage debts beyond what they may pay in their own time, that is
to say, within thirty-four years of the date of the engagement.
To render this conclusion palpable, suppose that Louis the XIV. and XV.
had contracted debts in the name of the French nation, to the amount of
ten thousand milliards, and that the whole had been contracted in Holland.
The interest of this sum would be five hundred milliards, which is the
whole rent-roll or net proceeds of the territory of France. Must the
present generation of men have retired from the territory in which nature
produces them, and ceded it to the Dutch creditors? No; they have the
same rights over the soil on which they were produced, as the preceding
generations had. They derive these rights not from them, but from nature.
They, then, and their soil are, by nature, clear of the debts of their
predecessors. To present this in another point of view, suppose Louis XV.
and his cotemporary generation, had said to the money lenders of Holland,
give us money, that we may eat, drink, and be merry in our day; and on
condition you will demand no interest till the end of thirty-four years,
you shall then, forever after, receive an annual interest of fifteen per
cent. The money is lent on these conditions, is divided among the people,
eaten, drunk, and squandered. Would the present generation be obliged
to apply the produce of the earth and of their labor, to replace their
dissipations? Not at all.
I suppose that the received opinion, that the public debts of one
generation devolve on the next, has been suggested by our seeing,
habitually, in private life, that he who succeeds to lands is required
to pay the debts of his predecessor; without considering that this
requisition is municipal only, not moral, flowing from the will of the
society, which has found it convenient to appropriate the lands of a
decedent on the condition of a payment of his debts; but that between
society and society, or generation and generation, there is no municipal
obligation, no umpire but the law of nature.
The interest of the national debt of France being, in fact, but a two
thousandth part of its rent-roll, the payment of it is practicable enough;
and so becomes a question merely of honor or of expediency. But with
respect to future debts, would it not be wise and just for that nation to
declare in the constitution they are forming, that neither the legislature
nor the nation itself, can validly contract more debt than they may pay
within their own age, or within the term of thirty-four years? And that
all future contracts shall be deemed void, as to what shall remain unpaid
at the end of thirty-four years from their date? This would put the
lenders, and the borrowers also, on their guard. By reducing, too, the
faculty of borrowing within its natural limits, it would bridle the spirit
of war, to which too free a course has been procured by the inattention
of money lenders to this law of nature, that succeeding generations are
not responsible for the preceding.
On similar ground it may be proved, that no society can make a perpetual
constitution, or even a perpetual law. The earth belongs always to the
living generation: they may manage it, then, and what proceeds from it,
as they please, during their usufruct. They are masters, too, of their own
persons, and consequently may govern them as they please. But persons and
property make the sum of the objects of government. The constitution and
the laws of their predecessors are extinguished then, in their natural
course, with those whose will gave them being. This could preserve that
being, till it ceased to be itself, and no longer. Every constitution,
then, and every law, naturally expires at the end of thirty-four years.
If it be enforced longer, it is an act of force, and not of right. It may
be said, that the succeeding generation exercising, in fact, the power
of repeal, this leaves them as free as if the constitution or law had
been expressly limited to thirty-four years only. In the first place,
this objection admits the right, in proposing an equivalent. But the
power of repeal is not an equivalent. It might be, indeed, if every form
of government were so perfectly contrived, that the will of the majority
could always be obtained, fairly and without impediment. But this is true
of no form. The people cannot assemble themselves; their representation
is unequal and vicious. Various checks are opposed to every legislative
proposition. Factions get possession of the public councils, bribery
corrupts them, personal interests lead them astray from the general
interests of their constituents; and other impediments arise, so as to
prove to every practical man, that a law of limited duration is much more
manageable than one which needs a repeal.
This principle, that the earth belongs to the living and not to the dead,
is of very extensive application and consequences in every country, and
most especially in France. It enters into the resolution of the questions,
whether the nation may change the descent of lands holden in tail; whether
they may change the appropriation of lands given anciently to the church,
to hospitals, colleges, orders of chivalry, and otherwise in perpetuity;
whether they may abolish the charges and privileges attached on lands,
including the whole catalogue, ecclesiastical and feudal; it goes to
hereditary offices, authorities and jurisdictions, to hereditary orders,
distinctions and appellations, to perpetual monopolies in commerce, the
arts or sciences, with a long train of _et ceteras_; and it renders the
question of reimbursement, a question of generosity and not of right.
In all these cases, the legislature of the day could authorize such
appropriations and establishments for their own time, but no longer; and
the present holders, even where they or their ancestors have purchased,
are in the case of _bona fide_ purchasers of what the seller had no right
convey.
Turn this subject in your mind, my dear Sir, and particularly as to the
power of contracting debts, and develop it with that cogent logic which
is so peculiarly yours. Your station in the councils of our country gives
you an opportunity of producing it to public consideration, of forcing it
into discussion. At first blush it may be laughed at, as the dream of a
theorist; but examination will prove it to be solid and salutary. It would
furnish matter for a fine preamble to our first law for appropriating
the public revenue; and it will exclude, at the threshold of our new
government, the ruinous and contagious errors of this quarter of the
globe, which have armed despots with means which nature does not sanction,
for binding in chains their fellow-men. We have already given, in example,
one effectual check to the dog of war, by transferring the power of
declaring war from the executive to the legislative body, from those who
are to spend, to those who are to pay. I should be pleased to see this
second obstacle held out by us also, in the first instance. No nation
can make a declaration against the validity of long-contracted debts,
so disinterestedly as we, since we do not owe a shilling which will not
be paid, principal and interest, by the measures you have taken, within
the time of our own lives. I write you no news, because when an occasion
occurs, I shall write a separate letter for that.
I am always, with great and sincere esteem, dear Sir, your affectionate
friend and servant.
TO DR. GEM.
The hurry in which I wrote my letter to Mr. Madison, which is in your
hands, occasioned an inattention to the difference between generations
succeeding each other at fixed epochs, and generations renewed daily
and hourly. It is true that in the former case, the generation when
at twenty-one years of age, may contract a debt for thirty-four years,
because a majority of them will live so long. But a generation consisting
of all ages, and which legislates by all its members above the age of
twenty-one years, cannot contract for so long a time, because their
majority will be dead much sooner. Buffon gives us a table of twenty-three
thousand nine hundred and ninety-four deaths, stating the ages at which
they happened. To draw from these the result I have occasion for,
I suppose a society in which twenty-three thousand nine hundred and
ninety-four persons are born every year, and live to the age stated
in Buffon's table. Then, the following inferences may be drawn. Such a
society will consist constantly of six hundred and seventeen thousand
seven hundred and three persons, of all ages. Of those living at any one
instant of time, one half will be dead in twenty-four years and eight
months. In such a society, ten thousand six hundred and seventy-five,
will arrive every year at the age of twenty-one years complete. It will
constantly have three hundred and forty-eight thousand four hundred and
seventeen persons of all ages above twenty-one years, and the half of
those of twenty-one years and upwards living at any one instant of time,
will be dead in eighteen years and eight months, or say nineteen years.
Then, the contracts, constitutions and laws of every such society become
void in nineteen years from their date.
TO E. RUTLEDGE.
Paris, September 18, 1789.
Dear Sir,--I have duly received your favor by Mr. Cutting, enclosing the
paper from Doctor Trumbull, for which I am very thankful. The conjecture
that inhabitants may have been carried from the coast of Africa to that of
America, by the trade winds, is possible enough; and its probability would
be greatly strengthened by ascertaining a similarity of language, which I
consider as the strongest of all proofs of consanguinity among nations.
Still a question would remain between the red men of the eastern and
western sides of the Atlantic, which is the stock, and which the shoot? If
a fact be true, which I suspect to be true, that there is a much greater
number of radical languages among those of America than among those of
the other hemisphere, it would be a proof of superior antiquity, which I
can conceive no arguments strong enough to overrule.
When I received your letter, the time of my departure was too near,
to permit me to obtain information from Constantinople, relative to
the demand and price of rice there. I therefore wrote to a merchant at
Versailles, concerned in the Levant trade, for the prices current of rice
at Constantinople and at Marseilles for several years past. He has sent
me only the present price at Marseilles, and that of a particular cargo
at Constantinople. I send you a copy of his letter. The Algerines form
an obstacle; but the object of our commerce in the Mediterranean is so
immense, that we ought to surmount that obstacle, and I believe it could
be done by means in our power, and which, instead of fouling us with the
dishonorable and criminal baseness of France and England, will place us
in the road to respect with all the world.
I have obtained, and enclose to you, a state of all the rice imported into
this country in the course of one year, which shows its annual consumption
to be between eighty-one and eighty-two thousand quintals. I think you may
supplant all the other furnishing States, except as to what is consumed
at Marseilles and its neighborhood. In fact, Paris is the place of main
consumption. Havre, therefore, is the port of deposit, where you ought to
have one or two honest, intelligent and active consignees. The ill success
of a first or second experiment should not damp the endeavors to open
this market fully, but the obstacles should be forced by perseverance. I
have obtained from different quarters seeds of the dry rice; but having
had time to try them, I find they will not vegetate, having been too long
kept. I have still several other expectations from the East Indies. If
this rice be as good, the object of health will render it worth experiment
with you. Cotton is a precious resource, and which cannot fail with you.
I wish the cargo of olive plants sent by the way of Baltimore, and that
which you will perceive my correspondent is preparing now to send, may
arrive to you in good order. This is the object for the patriots of your
country; for that tree once established there, will be the source of the
greatest wealth and happiness. But to insure success, perseverance may be
necessary. An essay or two may fail. I think, therefore, that an annual
sum should be subscribed, and it need not be a great one. A common country
laborer should be engaged to make it his sole occupation, to prepare
and pack plants and berries at Marseilles, and in the autumn to go with
them himself through the canal of Languedoc to Bordeaux, and there to
stay with them till he can put them on board a vessel bound directly for
Charleston; and this repeated annually, till you have a sufficient stock
insured, to propagate from without further importation. I should guess
that fifty guineas a year would do this, and if you think proper to set
such a subscription afoot, write me down for ten guineas of the money,
yearly, during my stay in France, and offer my superintendence of the
business on this side the water, if no better can be had.
Mr. Cutting does full justice to the honorable dispositions of the
legislature of South Carolina towards their foreign creditors. None have
yet come into the propositions sent to me, except the Van Staphorsts.
The danger of famine here, has not ceased with a plentiful harvest. A
new and unskilful administration has not yet got into the way of bringing
regular supplies to the Capital. We are in danger of hourly insurrection
for the want of bread; and an insurrection once begun for that cause,
may associate itself with those discontented for other causes, and
produce incalculable events. But if the want of bread does not produce a
commencement of disorder, I am of opinion the other discontents will be
stifled, and a good and free constitution established without opposition.
In fact, the mass of the people, the clergy and army (excepting the higher
orders of the three bodies), are in as compact an union as can be. The
National Assembly have decided that their executive shall be hereditary,
and shall have a suspensive negative on the laws; that the legislature
shall be of one House, annual in its sessions and biennial in its
elections. Their declaration of rights will give you their other general
views. I am just on my departure for Virginia, where the arrangement of my
affairs will detain me the winter; after which (say in February) I shall
go on to New York, to embark from some northern port for France. In the
meanwhile and always, I am, with great and sincere esteem, dear Sir, your
friend and servant.
TO JOHN JAY.
Paris, September 19, 1789.
Sir,--I had the honor of addressing you on the 30th of the last month.
Since that, I have taken the liberty of consigning to you a box of
officer's muskets, containing half a dozen, made by the person and on the
plan which I mentioned to you in a letter which I cannot turn to at this
moment, but I think it was of the year 1785. A more particular account of
them you will find in the enclosed copy of a letter which I have written
to General Knox. The box is marked T. J. No. 36, is gone to Havre, and
will be forwarded to you by the first vessel bound to New York, by Mr.
Nathaniel Cutting, an American gentleman establishing himself there.
Recalling to your mind the account I gave you of the number and size of
ships fitted out by the English last year, for the northern whale fishery,
and comparing with it what they have fitted out this year, for the same
fishery, the comparison will stand thus:
Years. Vessels. Tons. Men.
1788. 255 75,436 10,710
1789. 178 51,473 7,476
----- ------ ------
Difference. 77 23,963 3,234
By which you will perceive, that they have lost a third of that fishery in
one year, which I think almost entirely, if not quite, ascribable to the
shutting the French ports against their oil. I have no account of their
southern fishery of the present year.
As soon as I was informed that our bankers had the money ready for the
redemption of our captives, I went to the General of the order of the Holy
Trinity, who retained all his dispositions to aid us in that business.
Having a very confidential agent at Marseilles, better acquainted than
himself with the details, he wrote to him for his opinion and information
on the subject. I enclose you a copy of his answer, the original of which
was communicated to me. I thereupon have authorized the General to go
as far as three thousand livres a head, for our captives, and for this
purpose, to adopt the plan proposed, of sending one of his own religion at
our expense, (which will be small,) or any other plan he thinks best. The
honesty and goodness of his character places us in safety in his hands.
To leave him without any hesitation in engaging himself for such a sum
of money, it was necessary to deposit it in a banker's hands here. Mr.
Grand's were agreeable to him, and I have therefore desired our banker
at Amsterdam, to remit it here. I do not apprehend, in the progress of
the present revolution, anything like a general bankruptcy which should
pervade the whole class of bankers. Were such an event to appear imminent,
the excessive caution of the house of Grand and Company, establishes it
in the general opinion as the last that would give way, and consequently
would give time to withdraw this money from their hands. Mr. Short will
attend to this, and will withdraw the money on the first well-founded
appearance of danger. He has asked me what he shall do with it? Because
it is evident, that when Grand cannot be trusted, no other individual
at Paris can, and a general bankruptcy can only be the effect of such
disorders, as would render every private house an insecure deposit. I have
not hesitated to say to him, in such an event, "pay it to the government."
In this case, it becomes only a change of destination and no loss at all.
But this has passed between us for greater caution only, and on the worst
case supposable; for though a suspension of payment by government might
affect the bankers a little, I doubt if any of them have embarked so much
in the hands of government as to endanger failure, and especially as they
have had such long warning.
You will have known, that the ordinance passed by M. de Chillon in St.
Domingo, for opening ports to our importations in another part of the
island, was protested against by Marbois. He had always led the Count
de La Luzerne by the nose, while Governor of that island. Marbois'
representations, and Luzerne's prepossessions against our trade with
their colonies, occasioned him, as minister of that department, not only
to reverse the ordinance, but to recall Chillon and send out a successor.
Chillon has arrived here, and having rendered himself very popular in the
islands, their deputies in the National Assembly have brought the question
before them. The Assembly has done nothing more, as yet, than to appoint
a committee of inquiry. So much of Chillon's ordinance as admitted the
importation of our provisions, is continued for a time. M. de Marbois,
too, is recalled, I know not why or how. M. de La Luzerne's conduct will
probably come under view only incidentally to the general question urged
by the colony deputies, whether they shall not be free in future, to
procure provisions where they can procure them cheapest? But the deputies
are disposed to treat M. de La Luzerne roughly. This, with the disgrace
of his brother, the bishop de Langres, turned out of the presidentship
of the National Assembly, for partiality in office to the aristocratic
principles, and the disfavor of the Assembly towards M. de La Luzerne
himself, as having been formerly of the _plot_ (as they call it) with
Breteuil and Broglio, will probably occasion him to be out of office soon.
The Treasury board have no doubt attended to the necessity of giving
timely orders for the payment of the February interest at Amsterdam.
I am well informed that our credit is now the first at that exchange,
(England not borrowing at present.) Our five per cent. bonds have risen to
ninety-seven and ninety-nine. They have been heretofore at ninety-three.
There are, at this time, several companies and individuals here, in
England and Holland, negotiating to sell large parcels of our _liquidated
debt_. A bargain was concluded by one of these the other day, for six
hundred thousand dollars. In the present state of our credit, every dollar
of this debt will probably be transferred to Europe within a short time.
September the 20th. The combination of bankers and other ministerial
tools, had led me into the error (when I wrote my last letter) into which
they had led most people, that the loan lately opened here went on well.
The truth is, that very little has been borrowed, perhaps not more than
six or eight millions. The King and his ministers were yesterday to carry
their plate to the mint. The ladies are giving up their jewels to the
National Assembly. A contribution of plate in the time of Louis XV. is
said to have carried about eight millions to the treasury. Plate is much
more common now, and therefore, if the example prevail now in the same
degree it did then, it will produce more. The contribution of jewels will
hardly be general, and will be unproductive. Mr. Neckar is, on the 25th,
to go to the Assembly, to make some proposition. The hundredth penny is
talked of.
The Assembly proceeds slowly in the forming their constitution. The
original vice of their numbers causes this, as well as a tumultuous manner
of doing business. They have voted that the elections of the legislature
shall be biennial; that it shall be of a single body; but they have not
yet decided what shall be its number, or whether they shall be all in one
room, or in two, (which they call a division into sections). They have
determined that the King shall have a _suspensive and iterative veto_;
that is, that after negativing a law, it cannot be presented again till
after a new election. If he negatives it then, it cannot be presented a
third time till after another new election. If it be then presented, he
is obliged to pass it. This is perhaps justly considered as a more useful
negative than an absolute one, which a King would be afraid to use. Mr.
Neckar's influence with the Assembly is nothing at all. Having written
to them, by order of the King, on the subject of the veto, before it
was decided, they refused to let his letter be read. Again, lately, when
they desired the sanction of the King to their proceedings of the fourth
of August, he wrote in the King's name a letter to them, remonstrating
against an immediate sanction to the whole; but they persisted, and
the sanction was given. His disgust at this want of influence, together
with the great difficulties of his situation, make it believed that he
is desirous of resigning. The public stocks were extremely low the day
before yesterday. The _caisse d'escompte_ at three thousand six hundred
and forty, and the loan of one hundred and twenty-five millions, of 1784,
was at fifteen per cent. loss. Yesterday they rose a little.
The sloth of the Assembly (unavoidable from their number) has done the
most sensible injury to the public cause. The patience of a people who
have less of that quality than any other nation in the world, is worn
thread-bare. Time has been given to the aristocrats to recover from
their panic, to cabal, to sow dissensions in the Assembly, and distrust
out of it. It has been a misfortune, that the King and aristocracy
together have not been able to make a sufficient resistance, to hoop the
patriots in a compact body. Having no common enemy of such force as to
render their union necessary, they have suffered themselves to divide.
The assembly now consists of four distinct parties. 1. The aristocrats,
comprehending the higher members of the clergy, military, nobility, and
the parliaments of the whole kingdom. This forms a head without a body.
2. The moderate royalists, who wish for a constitution nearly similar
to that of England. 3. The republicans, who are willing to let their
first magistracy be hereditary, but to make it very subordinate to the
legislature, and to have that legislature consist of a single chamber.
4. The faction of Orleans. The second and third descriptions are composed
of honest, well-meaning men, differing in opinion only, but both wishing
the establishment of as great a degree of liberty as can be preserved.
They are considered together as constituting the patriotic part of the
Assembly, and they are supported by the soldiery of the army, the soldiery
of the clergy, that is to say, the Curés and monks, the dissenters, and
part of the nobility which is small, and the substantial Bourgeoise of
the whole nation. The part of these collected in the cities, have formed
themselves into municipal bodies, have chosen municipal representatives,
and have organized an armed corps, considerably more numerous in the
whole than the regular army. They have also the ministry, such as it
is, and as yet, the King. Were the second and third parties, or rather
these sections of the same party, to separate entirely, this great mass
of power and wealth would be split, nobody knows how. But I do not think
they will separate; because they have the same honest views; because,
each being confident of the rectitude of the other, there is no rancor
between them; because they retain the desire of coalescing. In order to
effect this, they not long ago proposed a conference, and desired it might
be at my house, which gave me an opportunity of judging of their views.
They discussed together their points of difference for six hours, and in
the course of discussion agreed on mutual sacrifices. The effect of this
agreement has been considerably defeated by the subsequent proceedings of
the Assembly, but I do not know that it has been through any infidelity
of the leaders to the compromise they had agreed on. Another powerful
bond of union between these two parties, is our friend the Marquis de
La Fayette. He left the Assembly while they as yet formed but one party.
His attachment to both is equal, and he labors incessantly to keep them
together. Should he be obliged to take part against either, it will be
against that which shall first pass the Rubicon of reconciliation with the
other. I should hope, in this event, that his weight would be sufficient
to turn the scale decidedly in favor of the other. His command of the
armed militia of Paris (thirty thousand in number, and comprehending the
French guards who are five thousand regulars), and his influence with the
municipality, would secure their city; and though the armed militia and
municipalities of the other cities are in nowise subordinate to those of
Paris, yet they look up to them with respect, and look particularly to
the Marquis de La Fayette, as leading always to the rights of the people.
This turn of things is so probable, that I do not think either section
of the patriots will venture on any act, which will place themselves in
opposition to him.
This being the face of things, troubled as you will perceive, civil war is
much talked of and expected; and this talk and expectation has a tendency
to beget it. What are the events which may produce it? 1. The want of
bread, were it to produce a commencement of disorder, might ally itself to
more permanent causes of discontent, and thus continue the effect beyond
its first cause. The scarcity of bread, which continues very great amidst
a plenty of corn, is an enigma which can be solved only by observing, that
the furnishing the city is in the new municipality, not yet masters of
their trade. 2. A public bankruptcy. Great numbers of the lower as well as
higher classes of the citizens, depend for subsistence on their property
in the public funds. 3. The absconding of the King from Versailles. This
has for some time been apprehended as possible. In consequence of this
apprehension, a person whose information would have weight, wrote to the
Count de Montmorin, adjuring him to prevent it by every possible means,
and assuring him that the flight of the King would be the signal of a
St. Barthelemi against the aristocrats in Paris, and perhaps through the
kingdom. M. de Montmorin showed the letter to the Queen, who assured him
solemnly that no such thing was in contemplation. His showing it to the
Queen, proves he entertained the same mistrust with the public. It may
be asked, what is the Queen disposed to do in the present situation of
things? Whatever rage, pride and fear can dictate in a breast which never
knew the presence of one moral restraint.
Upon the whole, I do not see it as yet probable that any actual commotion
will take place; and if it does take place, I have strong confidence that
the patriotic party will hold together, and their party in the nation be
what I have described it. In this case, there would be against them the
aristocracy and the faction of Orleans. This consists, at this time, of
only the Catalines of the Assembly, and some of the lowest description
of the mob. Its force, _within the kingdom_, must depend on how much of
this last kind of people it can debauch with money from its present bias
to the right cause. This bias is as strong as any one can be, in a class
which must accept its bread from him who will give it. Its resources _out
of the kingdom_ are not known. Without doubt, England will give money to
produce and to feed the fire which should consume this country; but it
is not probable she will engage in open war for that. If foreign troops
should be furnished, it would be most probably by the King of Prussia, who
seems to offer himself as the bull-dog of tyranny to all his neighbors. He
might, too, be disturbed by the contagion of the same principles gaining
his own subjects, as they have done those of the Austrian Netherlands,
Liege, Cologne, and Hesse Cassel. The army of the latter Prince, joining
with his subjects, are said to have possessed themselves of the treasures
he had amassed by hiring troops to conquer us, and by other iniquities.
Fifty-four millions of livres is the sum mentioned. But all these means,
external and internal, must prove inadequate to their ultimate object, if
the nation be united as it is at present. Expecting within a few days to
leave Paris, and that this is my last letter on public subjects, I have
indulged myself in giving you a general view of things, as they appear
to me at the time of my leaving them. Mr. Short will have the honor
of continuing the narration, and of correcting it, where circumstances
unknown or unforeseen may give a different turn to events.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Sir, your most obedient, and most humble servant.
TO MR. NECKAR.
Paris, September 26, 1789.
Sir,--I had the honor of waiting on you at Versailles the day before
yesterday, in order to present my respects on my departure to America. I
was unlucky in the moment, as it was one in which you were gone out.
I wished to have put into your hands, at the same time, the enclosed state
of the British northern fishery for the years 1788 and 1789, by which you
will see that they have lost in one year one-third of that fishery, the
effect, almost solely, of the _Arret_ which shut the ports of France to
their oils.
I wished also to know, whether, while in America, I could be useful
towards encouraging supplies of provision to be brought to this country
the ensuing year. I am persuaded a considerable relief to the city
of Paris might be obtained, by permitting the importation of salted
provisions from the United States. Our salted beef particularly (which,
since the war, we have learned to prepare in the Irish manner, so as to be
as good as the best of that country), could be sold out to the people of
Paris for the half of what they pay for fresh meat. It would seem then,
that the laborer paying but half the usual price for his meat, might pay
the full price of his bread, and so relieve government from its loss
on that article. The interest of the _gabelles_ has been an objection
hitherto, to the importation of salted provisions. But that objection is
lessened by the reduction of the price of salt, and done away entirely by
the desire of the present government to consider the ease and happiness
of the people as the first object. In every country as fully peopled as
France, it would seem good policy to encourage the employment of its lands
in the cultivation of corn, rather than in pasturage, and consequently to
encourage the use of all kinds of salted provisions, because they can be
imported from other countries. It may be apprehended, that the Parisian,
habituated to fresh provision, would not use salted. Then he would not buy
them, and of course they would not be brought, so that no harm can be done
by the permission. On the contrary, if the people of Paris should readily
adopt the use of salted provisions, the good would result which is before
mentioned. Salt meat is not as good as fresh for soups, but it gives a
higher flavor to the vegetables boiled with it. The experience of a great
part of America, which is fed almost entirely on it, proves it to be as
wholesome as fresh meat. The sea scurvy, ascribed by some to the use of
salt meat, is equally unknown in America as in Europe. It is the want of
vegetables at sea which produces the scurvy. I have thus hastily mentioned
reasons and objections, to save you the time and trouble of recollecting
them. To you, Sir, it suffices, barely to mention them. Mr. Short, Chargé
des Affaires for the United States, will have the honor of delivering you
this, and of giving you any further details which you may be pleased to
require.
I shall hope, on my return in the spring, to find your health
re-established, and your mind relieved, by a perfect settlement of the
affairs of the nation; and with my felicitations on those accounts, to
express to you those sentiments of profound respect and attachment with
which I have the honor to be, your Excellency's most obedient, and most
humble servant.
TO JOHN JAY.
Havre, September 30, 1789.
Dear Sir,--No convenient ship having offered from any port of France, I
have engaged one from London to take me up at Cowes, and am so far on my
way thither. She will land me at Norfolk, and as I do not know any service
that would be rendered by my repairing immediately to New York, I propose,
in order to economise time, to go directly to my own house, get through
the business which calls me there, and then repair to New York, where I
shall be ready to re-embark for Europe. But should there be any occasion
for government to receive any information I can give, immediately on
my arrival, I will go to New York on receiving your orders at Richmond.
They may probably be there before me, as this goes by Mr. Trumbull, bound
directly for New York.
I enclose you herewith the proceedings of the National Assembly on
Saturday last, wherein you will perceive that the committee had approved
the plan of Mr. Neckar. I can add from other sure information received
here, that the Assembly adopted it the same evening. This plan may
possibly keep their payments alive till their new government gets into
motion; though I do not think it very certain. The public stocks lowered
so exceedingly the last days of my stay at Paris, that I wrote to our
bankers at Amsterdam, to desire they would retain till further orders the
thirty thousand guilders, or so much of it as had not yet come on. And as
to what might be already coming on, I recommended to Mr. Short to go and
take the acceptance himself, and keep the bill in his own hands till the
time of payment. He will by that time see what is best to be done with
the money.
In taking leave of Monsieur de Montmorin, I asked him whether their
West India ports would continue open to us awhile. He said they would be
immediately declared open till February, and we may be sure they will be
so till the next harvest. He agreed with me, that there would be two or
three months' provision for the whole kingdom wanting for the ensuing
year. The consumption of bread for the whole kingdom, is two millions
of livres tournois a day. The people pay the real price of their bread
everywhere, except at Paris and Versailles. There the price is suffered
to vary very little as to them, and government pays the difference. It
has been supposed that this difference for some time past, has cost a
million a week. I thought the occasion favorable to propose to Monsieur de
Montmorin the free admission of our salted provisions, observing to him
particularly that our salted beef from the Eastern States could be dealt
out to the people of Paris for five or six sols the pound, which is but
half the common price they pay for fresh beef; that the Parisian paying
less for his meat, might pay more for his bread, and so relieve government
from its enormous loss on that article. His idea of this resource seemed
unfavorable. We talked over the objections of the supposed unhealthiness
of that food, its tendency to produce scurvy, the chance of its taking
with a people habituated to fresh meat, their comparative qualities
of rendering vegetables eatable, and the interests of the gabelles. He
concluded with saying the experiment might be tried, and with desiring me
to speak with Mr. Neckar. I went to Mr. Neckar, but he had gone to the
National Assembly. On my return to Paris, therefore, I wrote to him on
the subject, going over the objections which Monsieur de Montmorin had
started. Mr. Short was to carry the letter himself, and to pursue the
subject.
Having observed that our commerce to Havre is considerably on the
increase, and that most of our vessels coming there, and especially those
from the eastward, are obliged to make a voyage round to the neighborhood
of the Loire and Garonne for salt, a voyage attended with expense, delay,
and more risk, I have obtained from the Farmers General, that they shall
be supplied from their magazines at Honfleur, opposite to Havre, at a
mercantile price. They fix it at present at sixty livres the _muid_,
which comes to about fifteen sous, or seven and a half pence sterling our
bushel; but it will vary as the price varies at the place from which they
bring it. As this will be a great relief to such of our vessels coming
to Havre, as might wish to take back salt, it may perhaps be proper to
notify it to our merchants. I enclose herewith Mr. Neckar's discourse to
the Assembly, which was not printed till I left Paris; and have the honor
to be, with sentiments of the most perfect esteem and respect, Sir, your
most obedient, and most humble servant.
PART III.
LETTERS WRITTEN AFTER HIS RETURN TO THE U. S. DOWN TO THE TIME OF HIS
DEATH.
1789-1826.
TO THE PRESIDENT.
Chesterfield, December 15, 1789.
Sir,--I have received at this place the honor of your letters of
October the 13th and November the 30th, and am truly flattered by your
nomination of me to the very dignified office of Secretary of State;
for which, permit me here to return you my humble thanks. Could any
circumstance seduce me to overlook the disproportion between its duties
and my talents, it would be the encouragement of your choice. But when I
contemplate the extent of that office, embracing as it does the principal
mass of domestic administration, together with the foreign, I cannot be
insensible of my inequality to it; and I should enter on it with gloomy
forebodings from the criticisms and censures of a public, just indeed in
their intentions, but sometimes misinformed and misled, and always too
respectable to be neglected. I cannot but foresee the possibility that
this may end disagreeably for me, who, having no motive to public service
but the public satisfaction, would certainly retire the moment that
satisfaction should appear to languish. On the other hand, I feel a degree
of familiarity with the duties of my present office, as far at least as I
am capable of understanding its duties. The ground I have already passed
over, enables me to see my way into that which is before me. The change of
government too, taking place in a country where it is exercised, seems to
open a possibility of procuring from the new rulers, some new advantages
in commerce, which may be agreeable to our countrymen. So that as far as
my fears, my hopes, or my inclinations might enter into this question, I
confess they would not lead me to prefer a change.
But it is not for an individual to choose his post. You are to marshal
us as may best be for the public good; and it is only in the case of its
being indifferent to you, that I would avail myself of the option you have
so kindly offered in your letter. If you think it better to transfer me
to another post, my inclination must be no obstacle; nor shall it be, if
there is any desire to suppress the office I now hold, or to reduce its
grade. In either of these cases, be so good only as to signify to me by
another line your ultimate wish, and I shall conform to it cordially. If
it should be to remain at New York, my chief comfort will be to work under
your eye, my only shelter the authority of your name, and the wisdom of
measures to be dictated by you and implicitly executed by me. Whatever you
may be pleased to decide, I do not see that the matters which have called
me hither, will permit me to shorten the stay I originally asked; that
is to say, to set out on my journey northward till the month of March.
As early as possible in that month, I shall have the honor of paying my
respects to you in New York. In the meantime, I have that of tendering
you the homage of those sentiments of respectful attachment with which I
am, Sir, your most obedient, and most humble servant.
TO THE REV. CHARLES CLAY.
Monticello, January 27, 1790.
Dear Sir,--I had hoped that during my stay here I could have had the
pleasure of seeing you in Bedford, but I find it will be too short for
that. Besides views of business in that country, I had wished again to
visit that greatest of our curiosities, the Natural Bridge, and did not
know but you might have the same desire. I do not know yet how I am to
be disposed of, whether kept at New York, or sent back to Europe. If
the former, one of my happinesses would be the possibility of seeing you
there; for I understand you are a candidate for the representation of your
district in Congress. I cannot be with you to give you my vote, nor do
I know who are to be the competitors, but I am sure I shall be contented
with such a representative as you will make; because I know you are too
honest a patriot not to wish to see our country prosper by any means,
though they be not exactly those you would have preferred; and that you
are too well informed a politician, too good a judge of men, not to know,
that the ground of liberty is to be gained by inches, that we must be
contented to secure what we can get, from time to time, and eternally
press forward for what is yet to get. It takes time to persuade men to do
even what is for their own good. Wishing you every prosperity in this,
and in all your other undertakings (for I am sure from my knowledge of
you they will always be just), I am, with sincere esteem and respect, dear
Sir, your friend and servant.
TO THE PRESIDENT OF THE UNITED STATES.
Monticello, February 14, 1790.
Sir,--I have duly received the letter of the 21st of January with which
you have honored me, and no longer hesitate to undertake the office to
which you are pleased to call me. Your desire that I should come on as
quickly as possible, is a sufficient reason for me to postpone every
matter of business, however pressing, which admits postponement. Still,
it will be the close of the ensuing week before I can get away, and then
I shall have to go by the way of Richmond, which will lengthen my road.
I shall not fail, however, to go on with all the despatch possible, nor
to satisfy you, I hope, when I shall have the honor of seeing you in New
York, that the circumstances which prevent my immediate departure, are not
under my control. I have now that of being, with sentiments of the most
perfect respect and attachment, Sir, your most obedient, and most humble
servant.
TO JOHN JAY, CHIEF JUSTICE OF THE UNITED STATES.
Monticello, February 14, 1790.
Dear Sir,--I am honored with your favor of December 12, and thank you for
your friendly congratulations on my return to my native country, as well
as for the interest you are pleased to express in the appointment with
which I have been honored. I have thought it my duty to undertake it,
though with no prepossessions in favor of my talents for executing it to
the satisfaction of the public. With respect to the young gentlemen in
the office of foreign affairs, their possession and your recommendation
are the strongest titles. But I suppose the ordinance establishing my
office, allows but one assistant; and I should be wanting in candor to you
and them, were I not to tell you that another candidate has been proposed
to me, on ground that cannot but command respect. I know neither him nor
them, and my hope is, that, as but one can be named, the object is too
small to occasion either mortification or disappointment to either. I
am sure I shall feel more pain at not being able to avail myself of the
assistance but of one of the gentlemen, than they will at the betaking
themselves to some better pursuit. I ask it of your friendship, my
dear Sir, to make them sensible of my situation, and to accept yourself
assurances of the sincere esteem and respect with which I have the honor
to be, dear Sir, your most obedient, and most humble servant.
TO WM. HUNTER, ESQ., MAYOR OF ALEXANDRIA.
Alexandria, March 11, 1790.
Sir,--Accept my sincere thanks for yourself and the worthy citizens of
Alexandria, for their kind congratulations on my return to my native
country.
I am happy they have felt benefits from the encouragement of our commerce,
which have been given by an allied nation. But truth and candor oblige me,
at the same time, to declare, you are indebted for these encouragements
solely to the friendly dispositions of that nation, which has shown itself
ready on every occasion to adopt all arrangements which might strengthen
our ties of mutual interest and friendship.
Convinced that the republican is the only form of government which is not
eternally at open or secret war with the rights of mankind, my prayers
and efforts shall be cordially distributed to the support of that we have
so happily established. It is indeed an animating thought, that while we
are securing the rights of ourselves and our posterity, we are pointing
out the way to struggling nations, who wish like us to emerge from their
tyrannies also. Heaven help their struggles, and lead them, as it has done
us, triumphantly through them.
Accept, Sir, for yourself and the citizens of Alexandria, the homage of
my thanks for their civilities, and the assurance of those sentiments of
respect and attachment with which I have the honor to be, Sir, your most
obedient, and most humble servant.
TO M. RANDOLPH.
New York, March 28, 1790.
Dear Sir,--I arrived here on the 21st instant, after as laborious a
journey of a fortnight from Richmond as I ever went through; resting only
one day at Alexandria, and another at Baltimore. I found my carriage and
horses at Alexandria, but a snow of eighteen inches deep falling the same
night, I saw the impossibility of getting on in my own carriage, so left
it there, to be sent to me by water, and had my horses led on to this
place, taking my passage in the stage, though relieving myself a little
sometimes by mounting my horse. The roads through the whole way were so
bad that we could never go more than three miles an hour, sometimes not
more than two, and in the night but one. My first object was to look out
a house in the Broadway, if possible, as being the centre of my business.
Finding none there vacant for the present, I have taken a small one in
Maiden Lane, which may give me time to look about me. Much business had
been put by for my arrival, so that I found myself all at once involved
under an accumulation of it. When this shall be got through, I will be
able to judge whether the ordinary business of my department will leave
me any leisure. I fear there will be little.
Letters from Paris to the 25th of December, inform me that the revolution
there was still advancing with a steady pace. There had been two
riots since my departure. The one on the 5th and 6th of October, which
occasioned the royal family to remove to Paris, in which nine or ten
of the Gardes de Corps fell, and among these a Chevalier de Daricourt,
brother of Madame de La Dillatte, and of Mademoiselle Daricourt ----
friend. The second was on the 21st of the same month, in which a baker
had been hung by the mob. On this occasion, the government (_i. e._ the
National Assembly) proclaimed Martial Law in Paris, and had two of the
ringleaders of the mob seized, tried, and hung, which was effected without
any movement on the part of the people. Others were still to be tried.
The troubles in Brabant becomes serious. The insurgents have routed the
regular troops in every rencounter.
Congress is principally occupied by the treasury report. The assumption
of the State debts has been voted affirmatively in the first instance,
but it is not certain it will hold its ground through all the changes
of the bill when it shall be brought in. I have recommended Mr. D. R. to
the President for the office he desired, in case of a vacancy. It seemed,
however, as if the President had had no intimation before, that a vacancy
was expected.
* * * * *
Yours affectionately.
TO GEORGE JOY.
New York, March 31, 1790.
Sir,--I have considered your application for sea letters for the ship
Eliza, and examined into the precedents which you supposed might influence
the determination. The resolution of Congress, which imposes this duty
on the Secretary for Foreign Affairs, provides expressly, "that it be
made to appear to him by oath or affirmation, or _by such other evidence
as shall by him be deemed satisfactory_, that the vessel is commanded
by officers, citizens of the United States." Your affidavit satisfies me
that one of the officers is a citizen of the United States; but you are
unacquainted with the others and without evidence as to them, and even
without a presumption that they are citizens, except so far as arises
on the circumstances of the captain's being an American, and the ship
sailing from an American port. Now, I cannot in my conscience say, that
this is _evidence of the fact, satisfactory to my mind_. The precedents
of relaxation by Mr. Jay, were all between the date of the resolution
of Congress (February the 12th, 1788) and his public advertisement,
announcing the evidence which must be produced. Since this last, the
proceedings have been uniform and exact. Having perfect confidence in your
good faith, and therefore without a suspicion of any fraud intended in
the present case, I could have wished sincerely to grant the sea letter;
but besides the letter of the law which ties me down, the public security
against a partial dispensation of justice, depends on its being dispensed
by certain rules. The slightest deviation in one circumstance, becomes
a precedent for another, that for a third, and so on, without bounds. A
relaxation in a case where it is certain no fraud is intended, is laid
hold of by others, afterwards, to cover fraud. I hope, therefore, you
will be sensible of the necessity of my adhering to the rules which have
been published and practised by my predecessor; and that I am with great
respect, Sir, your most obedient, and most humble servant.
TO DOCTOR WILLARD.
New York, April 1, 1790.
I have duly received the letter wherein you are so good as to notify
to me the honor done me by the American Academy of Arts and Sciences,
in electing me one of their members, together with the diploma therein
enclosed; and I beg leave through you, Sir, to return to the Academy the
homage of my thanks for their favor, and to express to them the grateful
sense I have of it. I only regret the small prospect I have of being
useful to them, engaged as I continually am in occupations less pleasing
to me, and which would be better performed by others. Unacquainted with
the duties which the election into your Academy imposes on me, I can only
express my desire of fulfilling them on their being made to me.
Mr. Read has explained to me his drawings and models. They prove that he
merits the character you are pleased to give of him. He waits at present
the passage of a law for securing to inventors the benefit of their own
ingenuity. I have the honor to be, with the most respectful esteem, Sir,
your most obedient, and most humble servant.
TO THE MARQUIS DE LA FAYETTE.
New York, April 2, 1790.
Behold me, my dear friend, elected Secretary of State, instead of
returning to the far more agreeable position which placed me in the
daily participation of your friendship. I found the appointment in the
newspapers the day of my arrival in Virginia. I had indeed been asked
while in France, whether I would accept of any appointment at home, and
I had answered that, not meaning to remain long where I was, I meant it
to be the last office I should ever act in. Unfortunately this letter
had not arrived at the time of arranging the new Government. I expressed
freely to the President my desire to return. He left me free, but still
showing his own desire. This, and the concern of others, more general
than I had a right to expect, induced, after three months parleying, to
sacrifice my own inclinations. I have been here, then, ten days harnessed
in new gear. Wherever I am, or ever shall be, I shall be sincere in my
friendship to you and to your nation. I think with others, that nations
are to be governed with regard to their own interests, but I am convinced
that it is their interest, in the long run, to be grateful, faithful
to their engagements, even in the worst of circumstances, and honorable
and generous always. If I had not known that the head of our government
was in these sentiments, and that his national and private ethics were
the same, I would never have been where I am. I am sorry to tell you his
health is less firm than it used to be. However, there is nothing in it
to give alarm. The opposition to our new Constitution has almost totally
disappeared. Some few indeed had gone such lengths in their declarations
of hostility, that they feel it awkward perhaps to come over; but the
amendments proposed by Congress, have brought over almost all their
followers. If the President can be preserved a few years till habits of
authority and obedience can be established generally, we have nothing to
fear. The little vaut-rien, Rhode Island, will come over with a little
more time. Our last news from Paris is of the 8th of January. So far it
seemed that your revolution had got along with a steady peace; meeting
indeed occasional difficulties and dangers, but we are not to expect to
be translated from despotism to liberty in a feather-bed. I have never
feared for the ultimate result, though I have feared for you personally.
Indeed, I hope you will never see such another 5th or 6th of October. Take
care of yourself, my dear friend, for though I think your nation would in
any event work out her salvation, I am persuaded, were she to lose you, it
would cost her oceans of blood, and years of confusion and anarchy. Kiss
and bless your dear children for me. Learn them to be as you are, a cement
between our two nations. I write to Madame de La Fayette, so have only
to add assurances of the respect of your affectionate friend and humble
servant.
MADAME DE CORNY.
New York, April 2, 1790.
I had the happiness, my dear friend, to arrive in Virginia, after a voyage
of twenty-six days only, of the finest autumn weather it was possible to
have; the wind having never blown harder than we would have desired it.
On my arrival I found my name in the newspapers announced as Secretary
of State. I made light of it, supposing I had only to say "No," and there
would be an end of it. It turned out, however, otherwise. For though I was
left free to return to France, if I insisted on it, yet I found it better
in the end to sacrifice my own inclinations to those of others. After
holding off, therefore, near three months, I acquiesced. I did not write
to you while this question was in suspense, because I was in constant
hope of being able to say to you certainly that I should return. Instead
of that, I am now to say certainly the contrary, and instead of greeting
you personally in Paris, I am to write you a letter of adieu. Accept,
then, my dear Madam, my cordial adieu, and my grateful thanks for all the
civilities and kindnesses I have received from you. They have been greatly
more than I had a right to expect, and they have excited in me a warmth of
esteem which it was imprudent in me to have given way to for a person whom
I was one day to be separated from. Since it is so, continue towards me
those friendly sentiments I have always flattered myself you entertained;
let me hear from you sometimes, assured that I shall always feel a warm
interest in your happiness. Your letter of November 25 afflicts me; but
I hope that a revolution so pregnant with the general happiness of the
nation, will not in the end injure the interests of persons who are so
friendly to the general good of mankind as yourself and M. de Corny.
Present to him my most affectionate esteem, and ask a place for me in his
recollection.
* * * * *
Your affectionate friend and humble servant.
MADAME LA COMTESSE D'HOUDETOT.
New York, April 2, 1790.
Being called by our Government to assist in its domestic administration,
instead of paying my respects to you in person as I had hoped, I am
to write you a letter of adieu. Accept, I pray you, Madam, my grateful
acknowledgments for the manifold kindnesses by which you added so much
to the happiness of my stay in Paris. I have found here a philosophic
revolution, philosophically effected. Yours, though a little more
turbulent, has, I hope by this time, issued in success and peace.
Nobody prays for it more sincerely than I do, and nobody will do more to
cherish a union with a nation, dear to us through many ties, and now more
approximated by the change in its government.
I found our friend Doctor Franklin in his bed--cheerful and free from
pain, but still in his bed. He took a lively interest in the details I
gave him of your revolution. I observed his face often flushed in the
course of it. He is much emaciated. Monsieur de Crevecoeur is well, but
a little apprehensive that the spirit of reforming and economizing may
reach his office. A good man will suffer if it does. Permit me, Madame la
Comtesse, to place here my sincere respects to Monsieur le Comte Houdetot
and to Monsieur de St. Lambert. The philosophy of the latter will have
been greatly gratified to see a regeneration of the condition of man in
Europe so happily begun in his own country. Repeating to you, Madam, my
sense of your goodness to me, and my wishes to prove it on every occasion,
adding my sincere prayers that Heaven may bless you with many years of
life and health, I pray you to accept here the homage of those sentiments
of respect and attachment with which I have the honor to be, Madame la
Comtesse, your most obedient, and most humble servant.
TO MADAME LA DUCHESSE D'AUVILLE.
New York, April 2, 1790.
I had hoped, Madame la Duchesse, to have again had the pleasure of paying
my respects to you in Paris, but the wish of our Government that I should
take a share in its administration, has become a law to me. Could I have
persuaded myself that public offices were made for private convenience,
I should undoubtedly have preferred a continuance in that which placed me
nearer to you; but believing, on the contrary, that a good citizen should
take his stand where the public authority marshals him, I have acquiesced.
Among the circumstances which will reconcile me to my new position, are
the opportunities it will give me of cementing the friendship between our
two nations. Be assured, that to do this is the first wish of my heart.
I have but one system of ethics for men and for nations--to be grateful,
to be faithful to all engagements under all circumstances, to be open
and generous, promoting in the long run even the interests of both; and I
am sure it promotes their happiness. The change in your government will
approximate us to one another. You have had some checks, some horrors
since I left you; but the way to Heaven, you know, has always been said
to be strewed with thorns. Why your nation have had fewer than any other
on earth, I do not know, unless it be that it is the best on earth.
I assure you, Madam, moreover, that I consider yourself personally as
with the foremost of your nation in every virtue. It is not flattery, my
heart knows not that; it is a homage to sacred truth, it is a tribute I
pay with cordiality to a character in which I saw but one error; it was
that of treating me with a degree of favor I did not merit. Be assured
I shall always retain a lively sense of your goodness to me, which was a
circumstance of principal happiness to me during my stay in Paris. I hope
that by this time you have seen that my prognostications of a successful
issue to your revolution, have been verified. I feared for you during
a short interval; but after the declaration of the army, though there
might be episodes of distress, the denouements was out of doubt. Heaven
send that the glorious example of your country may be but the beginning
of the history of European liberty, and that you may live many years in
health and happiness to see at length that Heaven did not make man in its
wrath. Accept the homage of those sentiments of sincere and respectful
esteem with which I have the honor to be, Madame la Duchesse, your most
affectionate and obedient humble servant.
TO THE DUKE DE LA ROCHEFOUCAULT.
New York, April 3, 1790.
Dear Sir,--A call to take a part in the domestic administration of our
Government, obliges me to abandon the expectation of paying my respects
to you in person, in Paris. Though removed to a greater distance in
future, and deprived of the pleasure and advantages of your conversation
and society, which contributed so much to render my residence in Paris
agreeable, I shall not be the less anxious for your health and happiness,
and for the prosperous issue of the great revolution in which you have
taken so zealous and distinguished a part. By this time I hope it is
happily concluded, and that the new constitution, after receiving the
finishing hand from the National Assembly, is now putting into regular
motion by the convocation of a new legislature. I find my countrymen
as anxious for your success as they ought to be; and thinking with
the National Assembly in all points except that of a single house of
legislation. They think their own experience has so decidedly proved the
necessity of two Houses to prevent the tyranny of one, that they fear
that this single error will shipwreck your new constitution. I am myself
persuaded that theory and practice are not at variance in this instance,
and that you will find it necessary hereafter to add another branch. But I
presume you provide a facility of amending your constitution, and perhaps
the necessity may be altogether removed by a council of revision well
constituted.
Accept, Sir, my sincere thanks for all your kindnesses, permit me to place
here those which I owe to Madame La Duchesse de La Rochefoucault, and
which I render with the greatest cordiality. Were her system of ethics
and of government the system of every one, we should have no occasion
for government at all. I hope you will both live long years of health and
happiness to see in full ripeness the fruit of your own revolution, and
also that which seems blossoming in other parts of Europe. Accept, both,
the homage of that affectionate and respectful attachment with which I
have the honor to be your most obedient, and most humble servant.
TO THE COUNT DE MONTMORIN.
New York, April 6, 1790.
Sir,--The President of the United States having thought proper to assign
to me other functions than those of their Minister Plenipotentiary near
the King, I have the honor of addressing to your Excellency my letters of
recall, and of beseeching you to be so good as to present them, with the
homage of my respectful adieus, to his Majesty.
It is with great satisfaction that I find myself authorized to conclude,
as I had begun my mission, with assurances of the attachment of our
government to the King and his people, and of its desire to preserve
and strengthen the harmony and good understanding, which has hitherto so
happily subsisted between the two nations.
Give me leave to place here, also, my acknowledgments to your Excellency,
personally, for the facilities you have been pleased always to give in the
negotiation of the several matters I have had occasion to treat with you,
during my residence at your court. They were ever such as to evince, that
the friendly dispositions towards our republic which you manifested even
from its birth, were still found consistent with that patriotism of which
you have continued to give such constant and disinterested proofs. May
this union of interests forever be the patriot's creed in both countries.
Accept my sincere prayers that the King, with life and health, may be long
blessed with so faithful and able a servant, and you with a Prince, the
model of royal excellence; and permit me to retain to my latest hours,
those sentiments of affectionate respect and attachment, with which I have
the honor to be, your Excellency's most obedient, and most humble servant.
TO WILLIAM CARMICHAEL.
New York, April 11, 1790.
Sir,--A vessel being about to sail from this port for Cadiz, I avail
myself of it to inform you, that under the appointment of the President
of the United States, I have entered on the duties of Secretary of State,
comprehending the department of Foreign Affairs.
Mr. Jay's letter of October the 2d, acknowledged the receipt of the last
of yours which have come to hand. Since that date he wrote you on the 7th
of December, enclosing a letter for Mr. Chiappe.
The receipt of his letter of September the 9th, 1788, having never been
acknowledged, the contents of which were important and an answer wished
for, I send you herewith a duplicate, lest it should have miscarried.
You will also receive herewith, a letter of credence for yourself, to be
delivered to the Count de Florida Blanca, after putting thereon the proper
address, with which I am unacquainted. A copy of it is enclosed for your
information.
I beg leave to recommend the case of Don Blas Gonzalez to your good
offices with the court of Spain, enclosing you the documents necessary
for its illustration. You will perceive, that two vessels were sent
from Boston in the year 1787, on a voyage of discovery and commercial
experiment in general, but more particularly to try a fur trade with the
Russian settlements, on the northwest coast of our continent, of which
such wonders had been published in Captain Cook's voyages, that it excited
similar expeditions from other countries also; and that the American
vessels were expressly forbidden to touch at any Spanish port, but in
cases of extreme distress. Accordingly, through the whole of their voyage
through the extensive latitudes held by that crown, they never put into
any port but in a single instance. In passing near the island of Juan
Fernandez, one of them was damaged by a storm, her rudder broken, her
masts disabled, and herself separated from her companion. She put into
the island to refit, and at the same time, to wood and water, of which she
began to be in want. Don Blas Gonzalez, after examining her, and finding
she had nothing on board but provisions and charts, and that her distress
was real, permitted her to stay a few days, to refit and take in fresh
supplies of wood and water. For this act of common hospitality, he was
immediately deprived of his government, unheard, by superior order, and
remains still under disgrace. We pretend not to know the regulations of
the Spanish government, as to the admission of foreign vessels into the
ports of their colonies; but the generous character of the nation is a
security to us, that their regulations can, in no instance, run counter to
the laws of nature; and among the first of her laws, is that which bids
us to succor those in distress. For an obedience to this law, Don Blas
appears to have suffered; and we are satisfied, it is because his case
has not been able to penetrate to his Majesty's ministers, at least in its
true colors. We would not choose to be committed by a formal solicitation,
but we would wish you to avail yourself of any good opportunity of
introducing the truth to the ear of the minister, and of satisfying him,
that a redress of this hardship on the Governor, would be received here
with pleasure, as a proof of respect to those laws of hospitality which
we would certainly observe in a like case, as a mark of attention towards
us, and of justice to an individual for whose sufferings we cannot but
feel.
With the present letter, you will receive the public and other papers,
as usual, and I shall thank you in return, for a regular communication of
the best gazettes published in Madrid.
I have the honor to be, with sentiments of the most perfect esteem, Sir,
your most obedient, and most humble servant.
TO MR. GRAND.
New York, April 23, 1790.
Dear Sir,--You may remember that we were together at the Hotel de La
Monnoye, to see Mr. Drost strike coins in his new manner, and that you
were so kind as to speak with him afterwards on the subject of his coming
to America. We are now in a condition to establish a mint, and should
be desirous of engaging him in it. I suppose him to be at present in the
service of Watts and Bolton, the latter of whom you may remember to have
been present with us at the Monnoye. I know no means of communicating our
dispositions to Drost so effectually as through your friendly agency,
and therefore take the liberty of asking you to write to him, to know
what emoluments he receives from Watts and Bolton, and whether he would
be willing to come to us for the same? If he will, you may give him an
expectation, but without an absolute engagement, that we will call for
him immediately, and that with himself, we may probably take and pay him
for all the implements of coinage he may have, suited to our purpose. If
he asks higher terms, he will naturally tell you so, and what they are;
and we must reserve a right to consider of them. In either case, I will
ask your answer as soon as possible. I need not observe to you, that this
negotiation should be known to nobody but yourself, Drost and Mr. Short.
The good old Dr. Franklin, so long the ornament of our country, and I may
say, of the world, has at length closed his eminent career. He died on the
17th instant, of an imposthume of his lungs, which having suppurated and
burst, he had not strength to throw off the matter, and was suffocated by
it. His illness from this imposthume was of sixteen days. Congress wear
mourning for him, by a resolve of their body.
I beg you to present my friendly respects to Madame Grand, the elder and
younger, and to your son, and believe me to be, with sentiments of great
esteem and attachment, dear Sir, your most obedient, and most humble
servant.
TO THE MARQUIS DE LA LUZERNE.
New York, April 30, 1790.
Sir,--When in the course of your legation to the United States, your
affairs rendered it necessary that you should absent yourself awhile from
that station, we flattered ourselves with the hope that that absence
was not final. It turned out, in event, that the interests of your
sovereign called for your talents and the exercise of your functions, in
another quarter. You were pleased to announce this to the former Congress
through their Secretary for Foreign Affairs, at a time when that body was
closing its administration, in order to hand it over to a government then
preparing on a different model. This government is now formed, organized,
and in action; and it considers among its earliest duties, and assuredly
among its most cordial, to testify to you the regret which the people and
government of the United States felt at your removal from among them; a
very general and sincere regret, and tempered only by the consolation of
your personal advancement, which accompanied it. You will receive, Sir,
by order of the President of the United States, as soon as they can be
prepared, a medal and chain of gold, of which he desires your acceptance,
in token of their esteem, and of the sensibility with which they will ever
recall your legation to their memory.
But as this compliment may hereafter be rendered to other missions, from
which yours was distinguished by eminent circumstances, the President
of the United States wishes to pay you the distinguished tribute of an
express acknowledgment of your services, and our sense of them. You came
to us, Sir, through all the perils which encompassed us on all sides.
You found us struggling and suffering under difficulties, as singular and
trying as our situation was new and unprecedented. Your magnanimous nation
had taken side with us in the conflict, and yourself became the centre
of our common councils, the link which connected our common operations.
In that position you labored without ceasing, till all our labors were
crowned with glory to your nation, freedom to ours, and benefit to both.
During the whole, we had constant evidence of your zeal, your abilities,
and your good faith. We desire to convey this testimony of it home to your
own breast, and to that of your sovereign, our best and greatest friend;
and this I do, Sir, in the name, and by the express instruction of the
President of the United States.
I feel how flattering it is to me, Sir, to be the organ of the public
sense on this occasion, and to be justified by that office, in adding to
theirs, the homage of those sentiments of respect and esteem with which
I have the honor to be, your Excellency's most obedient, and most humble
servant.
TO WILLIAM SHORT.
New York, April 30, 1790.
Dear Sir,--My last letter to you was of the 6th instant, acknowledging the
receipt of your favors of the 2d and 6th of January. Since that, Mr. Jay
has put into my hands yours of the 12th of January, and I have received
your note of February the 10th, accompanying some newspapers.
Mine of the 6th covered the President's letter to the King for my recall,
and my letters of leave for myself and of credence to you, for the Count
de Montmorin, with copies of them for your information. Duplicates of
all these accompany the present; and an original commission for you as
chargé des affaires, signed by the President. At the date of my former
letters, I had not had time to examine with minuteness the proper form of
credentials under our new Constitution: I governed myself, therefore, by
foreign precedents, according to which a chargé des affaires is furnished
with only a letter of credence from one minister of Foreign Affairs to the
other. Further researches have shown me, that under our new Constitution,
all commissions (or papers amounting to that) must be signed by the
President. You will judge whether any explanation on this subject to M. de
Montmorin be necessary. I enclose you also the copy of a letter written to
the Marquis de La Luzerne, to be communicated to the Count de Montmorin,
and by him to the King, if he thinks proper.
It has become necessary to determine on a present proper to be given to
diplomatic characters on their taking leave of us; and it is concluded
that a medal and chain of gold will be the most convenient. I have,
therefore, to ask the favor of you to order the dies to be engraved with
all the despatch practicable. The medal must be of thirty lines diameter,
with a loop on the edge to receive the chain. On one side, must be the
arms of the United States, of which I send you a written description,
and several impressions in wax to render that more intelligible; round
them, as a legend, must be "The United States of America." The device of
the other side we do not decide on. One suggestion has been a Columbia
(a fine female figure) delivering the emblems of peace and commerce to a
Mercury, with a legend "Peace and Commerce" circumscribed, and the date
of our republic, to wit, 4th July, MDCCLXXVI., subscribed as an exergum;
but having little confidence in our own ideas in an art not familiar here,
they are only suggested to you, to be altered, or altogether postponed
to such better device as you may approve on consulting with those who are
in the habit and study of medals. Duvivier and Dupré seem to be the best
workmen; perhaps the last is the best of the two.
The public papers which accompany this, will give you fully the news of
this quarter.
I am, with great and sincere esteem, dear Sir, your most obedient, and
most humble servant.
TO MR. RANDOLPH.
New York, May 30, 1790.
Dear Sir,--I at length find myself, though not quite well, yet
sufficiently so to resume business in a moderate degree. I have,
therefore, to answer your two favors of April 23 and May 3, and in the
first place to thank you for your attention to the Paccan, Gloucester and
European walnuts, which will be great acquisitions at Monticello. I will
still ask your attention to Mr. Foster's boring machines, lest he should
go away suddenly, and the opportunity of getting it be lost. I enquired of
Mr. Hamilton the quantity of coal imported; but he tells me there are not
returns as yet sufficient to ascertain it; but as soon as there shall be I
shall be informed. I am told there is a considerable prejudice against our
coal in these Northern States. I do not know whence it proceeds; perhaps
from the want of attention to the different species, and an ignorant
application of them to cross purposes. I have not begun my meteorological
diary, because I have not yet removed to the house I have taken. I remove
to-morrow; but as far as I can judge from its aspects, there will not be
one position to be had for the thermometer free from the influence of the
sun both morning and evening. However, as I go into it only till I can get
a better, I shall hope ere long to find a less objectionable situation.
You know that during my short stay at Monticello I kept a diary of the
weather. Mr. Madison has just received one comprehending the same period,
kept at his father's at Orange. The hours of observation were the same,
and he has the fullest confidence in the accuracy of the observer. All the
morning observations in Orange are lower than those of Monticello, from
one to, I believe, fifteen or sixteen degrees; the afternoon observations
are near as much higher as those of Monticello. Nor will the variations
permit us to ascribe them to any supposed irregularities in either tube;
because, in that case, at the same point the variation would always be
the same, which it is not. You have often been sensible that in the
afternoon, or rather evening, the air has become warmer in ascending
the mountain. The same is true in the morning. This might account for a
higher station of the mercury in the morning observations at Monticello.
Again, when the air is equally dry in the lower and higher situations,
which may be supposed the case in the warmest part of the day, the
mercury should be lower on the latter, because, all other circumstances
the same, the nearer the common surface the warmer the air. So that on a
mountain it ought really to be warmer in the morning and cooler in the
heat of the day than on the common plain, but not in so great a degree
as these observations indicate. As soon as I am well enough I intend to
examine them more accurately. Your resolution to apply to the study of
the law, is wise in my opinion, and at the same time to mix with it a
good degree of attention to the farm. The one will relieve the other. The
study of the law is useful in a variety of points of view. It qualifies a
man to be useful to himself, to his neighbors, and to the public. It is
the most certain stepping-stone to preferment in the political line. In
political economy, I think Smith's Wealth of Nations the best book extant;
in the science of government, Montesquieu's Spirit of Laws is generally
recommended. It contains, indeed, a great number of political truths; but
also an equal number of heresies: so that the reader must be constantly
on his guard. There has been lately published a letter of Helvetius, who
was the intimate friend of Montesquieu, and whom he consulted before the
publication of his book. Helvetius advised him not to publish it; and in
this letter to a friend he gives us a solution for the mixture of truth
and error found in this book. He says Montesquieu was a man of immense
reading; that he had commonplaced all his reading, and that his object
was to throw the whole contents of his commonplace book into systematical
order, and to show his ingenuity by reconciling the contradictory facts
it presents. Locke's little book on Government, is perfect as far as it
goes. Descending from theory to practice there is no better book than
the Federalist. Burgh's Political Disquisitions are good also, especially
after reading De Lome. Several of Hume's Political Essays are good. There
are some excellent books of theory written by Turgot and the economists of
France. For parliamentary knowledge, the Lex Parliamentaria is the best
book. On my return to Virginia in the fall, I cannot help hoping some
practicable plan may be devised for your settling in Albemarle, should
your inclination lead you to it. Nothing could contribute so much to my
happiness were it at the same time consistent with yours. You might get
into the Assembly for that county as soon as you should please.
A motion has been made in the Senate to remove the Federal Government to
Philadelphia. There was a trial of strength on a question for a week's
postponement. On that it was found there would be eleven for the removal,
and thirteen against it. The motion was therefore withdrawn and made in
the other house, where it is still depending, and of very uncertain event.
The question of the assumption is again brought on. The parties were so
nearly equal on the former trial that it is very possible, that with some
modifications, it may yet prevail. The tonnage bill will probably pass,
and must, I believe, produce salutary effects. It is a mark of energy
in our government, in a case, I believe, where it cannot be parried. The
French revolution still goes on well, though the danger of a suspension
of payments is very imminent. Their appeal to the inhabitants of their
colonies to say on what footing they wish to be placed, will end, I hope,
in our free admissions into their islands with our produce. This precedent
must have consequences. It is impossible the world should continue long
insensible to so evident a truth as that the right to have commerce and
intercourse with our neighbors, is a natural right. To suppress this
neighborly intercourse is an exercise of force, which we shall have a
just right to remove when the superior force. Dear Sir, your affectionate
friend.
TO WILLIAM SHORT.
New York, June 6, 1790.
Dear Sir,--Having written to you so lately as the 27th of May, by M. de
Crevecoeur, I have little new to communicate. My headache still continues
in a slight degree, but I am able to do business. To-morrow I go on a
sailing party of three or four days with the President. I am in hopes
of being relieved entirely by the sickness I shall probably encounter.
The President is perfectly re-established, and looks better than before
his illness. The question of removal to Philadelphia was carried in the
House of Representatives by 38, against 22. It is thought the Senate
will be equally divided, and consequently that the decision will rest on
the Vice-President, who will be himself divided between his own decided
inclinations to stay here, and the unpopularity of being the sole obstacle
to what appears the wish of so great a majority of the people expressed
by proportional representation. Rhode Island has at length acceded to the
Union by a majority of two voices only, in their convention. Her Senators
will be here in about ten days or a fortnight. The opposers of removal
in the Senate try to draw out time till their arrival. Therefore, they
have connected the resolution of the lower House with a bill originated
with them to fix a permanent residence, and have referred both to the
same committee. Deaths are, Colonel Bland at this place, and old Colonel
Corbin in Virginia. The naming a minister for Paris, awaits the progress
of a bill before the legislature. They will probably adjourn to the 1st of
December, as soon as they have got through the money business. The funding
bill is passed, by which the President is authorized to borrow money for
transferring our foreign debt. But the ways and means bill being not yet
passed, the loan cannot be commenced till the appropriations of revenue
are made, which is to give credit to the loan.
* * * * *
Remember me to all my friends, and be assured of the sincere esteem of,
dear Sir, your affectionate friend and servant.
TO COLONEL GEORGE MASON.
New York, June 13, 1790.
Dear Sir,--I have deferred acknowledging the receipt of your favor of
March 16th, expecting daily that the business of the Consulships would
have been finished. But this was delayed by the President's illness, and a
very long one of my own, so that it is not till within these two or three
days that it has been settled. That of Bordeaux is given to Mr. Fenwick,
according to your desire. The commission is making out and will be signed
to-morrow or next day.
I intended fully to have had the pleasure of seeing you at Gunstan Hall
on my way here, but the roads being so bad that I was obliged to leave
my own carriage to get along as it could, and to take my passage in the
stage. I could not deviate from the stage road. I should have been happy
in a conversation with you on the subject of our new government, of which,
though I approve of the mass, I would wish to see some amendments, further
than those which have been proposed, and fixing it more surely on a
republican basis. I have great hopes that pressing forward with constancy
to these amendments, they will be obtained before the want of them will
do any harm. To secure the ground we gain, and gain what more we can,
is, I think, the wisest course. I think much has been gained by the late
constitution; for the former was terminating in anarchy, as necessarily
consequent to inefficiency. The House of Representatives have voted to
remove to Baltimore, by a majority of 53, against 6. This was not the
effect of choice, but of confusion into which they had been brought by
the event of other questions, and their being hampered with the rules of
the House. It is not certain what will be the vote of the Senate. Some
hope an opening will be given to convert it into a vote of the temporary
seat at Philadelphia, and the permanent one at Georgetown. The question
of assumption will be brought on again, and its event is doubtful. Perhaps
its opponents would be wiser to be less confident in their success, and to
compromise by agreeing to assume the State debts still due to individuals,
on condition of assuming to the States at the same time what they have
paid to individuals, so as to put the States in the shoes of those of
their creditors whom they have paid off. Great objections lie to this,
but not so great as to an assumption of the unpaid debts only. My duties
preventing me from mingling in these questions, I do not pretend to be
very competent to their decision. In general, I think it necessary to give
as well as take in a government like ours. I have some hope of visiting
Virginia in the fall, in which case I shall still flatter myself with the
pleasure of seeing you; in the meantime, I am, with unchanged esteem and
respect, my dear Sir, your most obedient friend and servant.
TO DAVID RITTENHOUSE.
New York, June 14, 1790.
Dear Sir,--I enclosed you the day before yesterday a rough draught of
the report I had prepared on the subject of weights and measures. I have
this morning received from Mr. Short a proposition made by the Bishop of
Autun to the National Assembly of France, on the same subject, which I
enclose you, and will beg the favor of you to return it by post after you
shall have perused it. He mentions that the latitude of 45°, as being a
middle term between the equator and pole, had been proposed as the general
standard for measures, and he makes the proposition anew, and desires
it may be made to England. As this degree of latitude is our northern
boundary, as it may form a link between us and Europe, and as the degree
which shall otherwise give the standard is not otherwise very material,
I have thought of proposing it in my report instead of the 38th degree. I
have in consequence gone over my calculations again upon the ground of a
pendulum of 36.-8.428. (Sir Isaac Newton's calculation for 45°) 39.14912
inches giving a rod of 58.72368 inches, and reformed the tables (last page
of the report), of which reformation I send you a copy. The alterations
in the body of the work may be easily made from this. The Bishop says the
pendulum has been calculated for 45° to be 36.-8.52. this 1-10 of a line
less than Sir Isaac Newton's, and the Bishop accordingly adds, that there
may be in this calculation an error of 1-10 of a line.
I had taken no notice of the precaution of making the experiment of the
pendulum on the sea shore, because the highest mountain in the United
States would not add 1-5000 part to the length of the earth's radius, nor
1-128 of an inch to the length of the pendulum; the highest part of the
Andes indeed might add about 1-1000 to the earth's radius, and 1-25 of an
inch to the pendulum; as it has been thought worth mention, I will insert
it also.
Your letter of April 20th, was duly attended to by me, but I fancy the
successor had been decided on before it was known to the public that there
would be a vacancy.
I am, with great esteem, my dear Sir, your sincere friend and humble
servant.
TO DAVID RITTENHOUSE.
New York, June 20, 1790.
Dear Sir,--I enclosed you on the 17th the alterations I had made in my
report in consequence of the Bishop of Autun's proposition, which had
come to my hands two days before. On the 18th, I received from Mr. Cutter
in London a packet of newspapers, among which were the two enclosed,
containing the speech in Parliament of Sir John Riggs Miller, on the
subject of weights and measures. I observe, he states the estimate of 39.2
I. for the length of the pendulum as confessedly erroneous. I had adopted
it from memory only, and before I had been able to get a single book of
any kind, in the first part of the report, wherein I endeavor to ascertain
and fix invariably the system of measures and weights now in use with us.
But before I proceeded to the second part, proposing a thorough reform,
and reducing the whole to the decimal ratio, I had been able to procure
here a copy of the Principia, and so to recur to the fountain head for
Sir I. Newton's calculations, and then added the note, which you will find
page 3 of the report, doubting what could have been the foundation of the
common imputation of the estimate of 39.2 to Sir I. Newton, and stating
the grounds of that of 39.1682 for the latitude of 51° 31' of 39.1285 for
38°, which I had at first adopted, and 39.14912 for 45°, which I took on
receiving the Bishop of Autun's proposition. I have now thought I might
venture to take for granted, that the estimate of 39.2 is as erroneous as
I had supposed it, and therefore to expunge it from the first branch of
the report, and substitute in its stead 39.1682; and to change a passage
under the head of "Measures of length" into the following form:
"They furnish no means to persons at a distance of knowing what this
standard is. This, however, is supplied by the evidence of the second
pendulum, which, according to the authority before quoted, being 39.1682
I. for the latitude of London, and consequently the second rod for the
same latitude being 58.7523, we are first to find by actual trial the rod
for 45, and to add to that 287/10000 of an inch, or rather 3/10 of a line
(which in practice will endanger less error than an attempt at so minute a
fraction as 10,000th parts of an inch), this will give us the true measure
of 58-3/4 English inches. Or, to shorten the operation, and yet obtain the
result we seek, let the standard rod of 45° be divided into 587-1/5 equal
parts, and let each of these parts be declared a line, and ten lines an
inch," &c.
I propose also to strike out the note (page 3) before mentioned, and to
substitute the following in its place:
"The length of the pendulum has been differently estimated by different
persons. Knowing no reason to respect any of them more than Sir Isaac
Newton for skill, care, or candor, I had adopted his estimate of
39.149 I. for our northern limit of 45°, before I saw the different
propositions of the Bishop of Autun, and Sir John Riggs Miller. The
first of these gentlemen quotes Mairan's calculation for 48° 50', the
latitude of Paris, to wit, 504:257::72: to a 4th proportional, which
will be 36.71428=39.1923 inches. The difference between the pendulum for
48° 50' and 45°, as calculated by Sir I. Newton, is .0112 I. so that the
pendulum for 45° would be estimated, according to the Bishop of Autun,
at 39.1923-.0112=39.1811. Sir John Riggs Miller proposes 39.126, being
Graham's determination for 51° 31', the latitude of London. The difference
between the pendulum for 51° 31', and 45° by Sir I. Newton, is .019 I.,
so that the pendulum for 45° should be estimated according to Sir J. R.
Miller, at 39.126-.019=39.107 I. Now, dividing our respect between these
two results, by taking their mean, to wit, (39.181 + 39.107)/2=39.144, we
find ourselves almost exactly with Sir I. Newton, whose estimate of 39.149
we had already adopted."
I propose also to reform a passage under the head of Weights, in the first
branch of the report, to stand thus:
"Let it then be established, that an ounce is the weight of a cube of
rain water of one-tenth of a foot, _or rather, that it is the thousandth
part of the weight of a cubic foot of rain water_ weighed in the standard
temperature," &c.
All which I submit to your judgment, and I will ask you particularly
to examine the numbers .0112 and .019, as I have no help here to find
them otherwise than by approximation. I have wished much, but in vain,
Emerson's and Ferguson's books here. In short, I never was cut off from
the resources of my own books and papers at so unlucky a moment. There is
a Count Andriani, of Milan, here, who says there is a work on the subject
of weights and measures published by Trisi of Milan. Perhaps you may
have it at Philadelphia, and be able to send it to me. Were it not for my
confidence in your assistance, I should not have ventured to take up this
business till I received my books.
I am, my dear Sir, with great and sincere esteem, your friend and servant.
TO JAMES MONROE.
New York, June 20, 1790.
Dear Sir,--An attack of a periodical headache, which, though violent
for a few days only, yet kept me long in a lingering state, has hitherto
prevented my sooner acknowledging the receipt of your favor of May 26. I
hope the uneasiness of Mrs. Monroe and yourself has been removed by the
re-establishment of your daughter. We have been in hopes of seeing her
here, and fear at length some change in her arrangements for that purpose.
Congress has been long embarrassed by two of the most irritating questions
that ever can be raised among them: 1, the funding the public debt, and 2,
the fixing on a more central residence. After exhausting their arguments
and patience on these subjects, they have for some time been resting on
their oars, unable to get along as to these businesses, and indisposed to
attend to anything else, till they are settled. And in fine, it has become
probable, that unless they can be reconciled by some plan of compromise,
there will be no funding bill agreed to. Our credit (raised by late
prospects to be the first on the exchange at Amsterdam, where our paper
is above par) will burst and vanish, and the States separate, to take care
every one of itself. This prospect appears probable to some well-informed
and well-disposed minds. Endeavors are, therefore, using to bring about
a disposition to some mutual sacrifices. The assumption of State debts
has appeared as revolting to several States as their non-assumption to
others. It is proposed to strip the proposition of the injustice it would
have done by leaving the States who have redeemed much of their debts on
no better footing than those who have redeemed none; on the contrary,
it is recommended to assume a fixed sum, allotting a portion of it to
every State in proportion to its census. Consequently, every State will
receive exactly what they will have to pay, or they will be exonerated so
far by the general government's taking their creditors off their hands.
There will be no injustice then. But there will be the objection still,
that Congress must then lay taxes for those debts which would have been
much better laid and collected by the State governments. And this is the
objection on which the accommodation now hangs with the non-assumptioners,
many of whom committed themselves in their advocation of the new
Constitution, by arguments drawn from the improbability that Congress
would ever lay taxes where the States could do it separately. These
gentlemen feel the reproaches which will be levelled at them personally.
I have been, and still am of their opinion, that Congress should always
prefer letting the States raise money in their own way, where it can be
done. But in the present instance, I see the necessity of yielding to
the cries of the creditors in certain parts of the Union; for the sake
of union, and to save us from the greatest of all calamities, the total
extinction of our credit in Europe. On the other hand, it is proposed
to pass an act fixing the temporary residence of twelve or fifteen years
at Philadelphia, and that at the end of that time, it shall stand _ipso
facto_, and without further declaration transferred to Georgetown. In
this way, there will be something to displease and something to soothe
every part of the Union but New York, which must be contented with what
she has had. If this plan of compromise does not take place, I fear one
infinitely worse, an unqualified assumption and the perpetual residence
on the Delaware. The Pennsylvania and Virginia delegates have conducted
themselves honorably and unexceptionably, on the question of residence.
Without descending to talk about bargains, they have seen that their true
interests lay in not listening to insidious propositions, made to divide
and defect them, and we have seen them at times voting against their
respective wishes rather than separate.
In France, the revolution goes on surely but slowly. On the rest of the
continent, a league is formed between Prussia, Poland, Sweden, and Turkey,
and openly patronized by England and Holland, against the two empires, one
of which is convulsed by internal divisions. But the last packet brings
still more interesting news. The day before the mail came away, a message
was sent to the two Houses by the King, complaining of the capture of
two British ships at Nootka Sound by the Spaniards, under pretence of an
exclusive right to that coast, that the King had demanded satisfaction,
and in the meantime was arming, to enforce it. The Houses unanimously
promised support, and it was evident they would accept nothing short of an
extensive renunciation from Spain as to her American pretensions. Perhaps
she is determined to be satisfied with nothing but war, dismemberment
of the Spanish empire, and annihilation of her fleet. Nor does her
countenance towards us clear up at all.
I flatter myself with being in Virginia in the autumn. The particular
time depends upon too many contingencies to be now fixed. I shall hope
the pleasure of seeing yourself and Mrs. Monroe either in Albemarle or
wherever our route may cross each other. Present me affectionately to
her and to my good neighbors generally, and be assured of the great and
sincere esteem of, dear Sir, your affectionate friend and humble servant.
TO MR. JOHN COFFIN JONES.
New York, June 23, 1790.
Sir,--I duly received your favor of May 1st, and communicated to the
President the part relative to Mr. Laneguy, who would have been disposed
to pay all possible respect to your recommendation. The first rule on that
subject was to appoint a native Consul wherever a good one would accept
of it; but where no native could be found, the person in possession was
confirmed. Dr. Franklin had appointed a Mr. Cathalan as agent, early in
the war, a very substantial merchant of Marseilles. He and his son have
paid great attention to our concerns there, had much trouble, and no
emolument from it. It was thought unjust to remove him without cause. The
commission is given to the son, as being otherwise well qualified, and
particularly as understanding well our language and usages, acquired by a
residence in England. A bill which may be called the true navigation act
for the United States, is before Congress, and will probably pass. I hope
it will lay the foundation of a due share of navigation for us. I am, with
great esteem, Sir, your most obedient humble servant.
TO MR. DUMAS.
New York, June 23, 1790.
Dear Sir,--I arrived at this place the latter end of March, and undertook
the office to which the President had been pleased to appoint me, of
Secretary of State, which comprehends that of Foreign Affairs. Before I
had got through the most pressing matters which had been accumulating, a
long illness came upon me, and put it out of my power for many weeks to
acknowledge the receipt of your letters.
* * * * *
We are much pleased to learn the credit of our paper at Amsterdam. We
consider it as of the first importance, to possess the first credit
there, and to use it little. Our distance from the wars of Europe, and
our disposition to take no part in them, will, we hope, enable us to
keep clear of the debts which they occasion to other powers. It will be
well for yourself and our bankers to keep in mind always, that a great
distinction is made here, between our foreign and domestic paper. As to
the foreign, Congress is considered as the representative of one party
only, and I think I can say with truth, that there is not one single
individual in the United States, either in or out of office, who supposes
they can ever do anything which might impair their foreign contracts. But
with respect to domestic paper, it is thought that Congress, being the
representative of both parties, may shape their contracts so as to render
them practicable, only seeing that substantial justice be done. This
distinction will explain to you their proceedings on the subject of their
debts. The funding their foreign debts, according to express contract,
passed without a debate and without a dissenting voice. The modelling and
funding the domestic debt, occasions great debates, and great difficulty.
The bill of ways and means was lately thrown out, because an excise was
interwoven into its texture; and another ordered to be brought in, which
will be clear of that. The assumption of the debts contracted by the
States to individuals, for services rendered the Union, is a measure
which divides Congress greatly. Some think that the States could much
more conveniently levy taxes themselves to pay off these, and thus save
Congress from the odium of imposing too heavy burthens in their name. This
appears to have been the sentiment of the majority hitherto. But it is
possible that modifications may be proposed, which may bring the measure
yet into an acceptable form. We shall receive with gratitude the copy of
Rymer's Federa, which you are so good as to propose for the use of our
offices here.
I have the honor to be, with great esteem, dear Sir, your most obedient,
and most humble servant.
TO MR. LESLIE.
New York, June 27, 1790.
Sir,--I find among the letters to Mr. Jay, one on the subject of the
vibrating rod thought of by you for a standard of measure; and I have
received from Mr. Madison a manuscript pamphlet of yours on the same
subject. Congress having referred to me to propose a plan of invariable
measures, I have considered maturely your proposition, and am abundantly
satisfied of its utility; so that if I can have your leave, I mean to
propose in my report to adopt the rod in preference to the pendulum,
mentioning expressly that we are indebted to you for the idea. Should
they concur with me in opinion, it is possible that in carrying it into
execution we may have occasion to engage your assistance in the proper
adjustment of it, as well on account of your abilities in that line
generally, as for the peculiar interest you would feel in the success of
the experiment. Mr. Cox's letter to Mr. Jay seems to imply that you had
communicated your idea that I might avail myself of it in the subject
referred to me. But I think it justice to ask your express permission,
and that you will be so good as to give me an answer by return of post.
I am, Sir, your most obedient humble servant.
TO BENJ. VAUGHAN.
New York, June 27, 1790.
Dear Sir,--Your favor of March 27th came duly to hand on the 12th
instant, as did your very valuable present, the dry rice, brought from the
Moluccas, by Lieut. Blight. I immediately sent a few seeds to Virginia,
where I am in hopes there would still be force of summer sufficient to
mature it. I reserve a little for next spring, besides sowing some in
pots, from which I have now twenty-three young plants, just come up. I
fear, however, there is not summer enough remaining here to ripen them,
without the uncertain aid of a hot house. Upon your encouragement, I think
I shall venture to write to Mr. Hinton Este, of Jamaica, on the subject.
You will have known that we had lost Dr. Franklin before your letter came
to hand; consequently, the relation of Lieut. Blight's adventure, which
you were so kind as to send, rests with me.
Though large countries within our Union are covered with the sugar maple,
as heavily as can be conceived, and that this tree yields a sugar equal to
the best from the cane, yields it in great quantity, with no other labor
than what the women and girls can bestow, who attend to the drawing off
and boiling the liquor, and the trees when skilfully tapped will last a
great number of years, yet the ease with which we had formerly got cane
sugar, had prevented our attending to this resource. Late difficulties in
the sugar trade have excited attention to our sugar trees, and it seems
fully believed by judicious persons, that we cannot only supply our own
demand, but make for exportation. I will send you a sample of it, if I
can find a conveyance without passing it through the expensive one of the
post. What a blessing to substitute a sugar which requires only the labor
of children, for that which is said to render the slavery of the blacks
necessary.
An act of Congress authorizing the issuing of patents for new discoveries
has given a spring to invention beyond my conception. Being an instrument
in granting the patents, I am acquainted with their discoveries. Many of
them indeed are trifling, but there are some of great consequence, which
have been proved by practice, and others which, if they stand the same
proof, will produce great effect. Yesterday the man who built the famous
bridge from Boston to Charlestown, was with me, asking a patent for a pile
engine of his own construction. He communicated to me another fact, of
which he makes no secret, and it is important. He was formerly concerned
in ship building, but for thirty years past has been a bridge builder.
He had early in life observed, on examining worm-eaten ships, that the
worms never eat within the seams where the corking chisel enters, and
the oil, &c. He had observed that the whaling vessels would be eaten to
a honey-comb, except a little above and below water, where the whale is
brought in contact with the vessel, and lies beating against it till it
is cut up. A plank lying under water at a mill of his had been obliged to
be removed annually, because eaten up by the worms in the course of the
year. At length a plank was accidentally put down which for some purpose
had been thoroughly impregnated with oil. It remained seven years without
being affected. Hence he took the idea of impregnating the timbers of his
bridges thoroughly with oil, by heating the timber as deeply as possible,
and doing it well in that state with the liver oil of the codfish. He
has practiced this for thirty years, and there is no instance of the worm
attacking his timbers, while those in neighboring places are immediately
destroyed. He has used the liver oil of the cod, because very thick, and
therefore, as he supposes, more permanent in its effect. He supposes some
other oils might do, but cannot speak of them experimentally. He says
there will be no difficulty in heating the planks of a ship after they are
put on, as well as before; but I do not recollect his mentioning ever to
have tried it in the case of a ship.
I am fixed here by the desire of my countrymen; consequently less in
the way of communications in letters and the arts than I used to be. The
continuance of your communications in that way will now be received with
double thankfulness.
We are told you are going to war. Peace and profit will, I hope, be our
lot. A high price and sure market for our productions, and no want of
carrying business will, I hope, enable my countrymen to pay off both their
private and public debts.
I am, with sentiments of sincere esteem, dear Sir, your sincere friend
and servant.
TO DR. GILMER.
New York, June 27, 1790.
Dear Doctor,--I have duly received your favor of May 21st, and thank
you for the details it contains. Congressional proceedings go on rather
heavily. The question for assuming the State debts, has created greater
animosities than I ever yet saw take place on any occasion. There are
three ways in which it may yet terminate. 1. A rejection of the measure,
which will prevent their funding any part of the public debt, and will
be something very like a dissolution of the government. 2. A bargain
between the eastern members, who have it so much at heart, and the middle
members, who are indifferent about it, to adopt those debts without
any modification, on condition of removing the seat of government to
Philadelphia or Baltimore. 3. An adoption of them with this modification,
that the whole sum to be assumed shall be divided among the States in
proportion to their census; so that each shall receive as much as they
are to pay; and perhaps this might bring about so much good humor as to
induce them to give the temporary seat of government to Philadelphia, and
then to Georgetown permanently. It is evident that this last is the least
bad of all the turns the thing can take. The only objection to it will
be, that Congress will then have to lay and collect taxes to pay these
debts, which could much better have been laid and collected by the State
governments. This, though an evil, is a less one than any of the others
in which it may issue, and will probably give us the seat of Government
at a day not very distant, which will vivify our agriculture and commerce
by circulating through our State an additional sum every year of half a
million of dollars. When the last packet left England, there was great
appearance of an immediate rupture with Spain. Should that take place,
France will become a party. I hope peace and profit will be our share.
Present my best respects to Mrs. Gilmer, and my enquiring neighbors.
I am, dear Doctor, your affectionate friend and servant.
TO M. BOUDINOT.
New York, June 29, 1790.
Sir,--As it is desirable we should receive from our Consuls an exact
report of all our vessels with their cargoes which go to the countries
of their residence, such fees appear necessary as may induce them to be
watchful that every such vessel is noted. At the same time, the fee should
not be so large as to induce them to connive at foreign vessels reporting
themselves as American, merely to give them the fee; five and ten dollars
appear to me well proportioned.
While I was in Europe I found there was a great want of some legal mode
of taking and authenticating instruments and evidence in general, to be
sent to this country; such as depositions, affidavits, copies of wills,
records, deeds, powers of attorney, &c. I thought it would be proper, as
soon as we should have Consuls established, to make their authentications
under the seal of their office, good evidence in our courts. I take the
liberty of submitting to you whether a clause for these purposes might
not be properly placed in this bill. I assure you the occasions for it
are extremely frequent.
I have the honor to be, with great esteem, Sir, your most obedient humble
servant.
TO DAVID RITTENHOUSE.
New York, June 30, 1790.
Dear Sir,--Your favor of the 25th came to hand last night, for which
I give you many thanks. The conversion of 36.71428 pouces into 39.1923
inches, was an error in division, and consequently the mean taken between
that and Graham's computation is wrong. It has rendered it necessary for
me to suppress the note on that subject, and to put it into the form
now enclosed. In this I state the reason for adopting 11-3 pouces as
the equivalent of the English foot. It is so stated by D'Alembert in the
Encyclopedie, and retained in the new Encyclopedie. To have changed it
for 11-3.11 Mashelynci's measure, would have obliged me to have formed
all my calculations anew, which would have exposed me to new errors of
calculation; and added to the trouble and delay it would have occasioned,
did not seem worth while for so small a fraction as 11-100 of a line,
or the 1227th of a foot. I suppose, too, that the operation concerting
between the French and English will soon furnish us with a new and more
certain equation of their feet. I still like the rod rather than the
pendulum, because I do not know a single objection to it which does not
lie to the pendulum, because it is clear of some objections to which that
is liable, but most of all, because 1-5 of the second rod is much nearer
the present foot than 1-3 of the second pendulum. After all, should the
French and English adopt the pendulum, we shall be free to do so also.
I state on the enclosed paper a very loose answer to the 5th objection,
which is the only one I can give. Can you suggest something more precise?
As there is an idea that Congress will rise about the middle of July, I
shall only await the answer you will be so good as to make to this, and
then give in my report. This day, I fancy, will determine whether we are
to be removed to Philadelphia or not; for though it will still be put to
the question several times before its ultimate passage, yet I think if
this day's vote of the Senate is favorable, it will pass safely through
all the subsequent stages. It would have been a great comfort to me to
have been near you during the preparation of this business of weights and
measures. It is much easier to avoid errors by having good information
at first, than to unravel and correct them after they are committed. I
recommend to Congress the deferring to proceed on the report till the next
session, and reserve to myself an opening to add any new matter which may
occur in the meantime.
I am, with great and sincere esteem, dear Sir, your affectionate friend
and servant.
TO WILLIAM SHORT.
New York, July 1, 1790.
Dear Sir,--A bill has passed two readings in the Senate for removing the
seat of government to Philadelphia, there to remain ten years, and then
to be established permanently in Georgetown. It is to receive its third
reading to-day, and it depends on a single vote, yet I believe we may
count surely that it will pass that house. As it originated there, it will
then have to pass the lower house; where, however, I believe it is very
secure of a majority. I apprehend this news must reach you too late to
send my baggage to Philadelphia instead of this place; however, to take
the chance of any unexpected delay which may have attended its departure,
I drop you this line by a vessel sailing this morning to Dunkirk, to
pray you (if my baggage is not already embarked, or so engaged for its
passage as not to admit a change of destination), that you will have it
sent to Philadelphia directly. The having to send it from one port to
another in the United States, costs as much nearly as the freight across
the Atlantic, besides the custom-house difficulties. I think it better to
wait an opportunity from thence to Philadelphia, should there not be an
immediate one, than that it should make a double voyage. No time to add
anything else, but that all is well. Adieu. Yours affectionately.
TO COL. M. LEWIS.
New York, July 4, 1790.
Dear Sir,--I wrote you last on the 13th of June. The Senate have passed
the bill for fixing the residence of Congress at Philadelphia for ten
years, and then permanently at Georgetown; it has been read once or twice
in the House of Representatives, and will be ultimately decided on the day
after to-morrow. I believe it will pass there by a considerable majority.
I imagine we shall remove from hence early in September, which will
consequently be the time for my paying a short visit to Monticello. There
is reason to expect a rupture has taken place between Spain and England.
If so, it will involve France, and so render the present war of Europe
almost universal there. I hope they will all see it their interest to let
us make bread for them in peace, and to give us a good price for it. We
have every moral certainty that wheat will be high for years to come. I
cannot, therefore, my dear Sir, omit to press, for myself, the going into
that culture as much as you think practicable. In Albemarle, I presume
we may lay aside tobacco entirely; and in Bedford, the more we can lay
it aside the happier I shall be. I believe it cannot there be entirely
discontinued, for want of open lands. I will also be obliged to you to
give such orders for preparing for the next year's crop in the plantation
given to Mr. Randolph, as you would for me, were it to remain in my hands.
I know he will be glad to have as much wheat sowed as possible. While good
crops of grain, and a good price for them, will prepare a good income,
if we can avoid paying that away to the stores, all will be well. For
this purpose, it is vastly desirable to be getting under way with our
domestic cultivation and manufacture of hemp, flax, cotton and wool for
the negroes. If we may decide from past experience, we may safely say
that war and domestic manufacture are more gainful than peace and store
supplies. The present price of wheat here is a dollar a bushel.
Present my best esteem to Mrs. Lewis and your family. I am, dear Sir, your
affectionate friend and humble servant.
TO E. RUTLEDGE, ESQ.
New York, July 4, 1790.
Dear Sir,--Your favor of April 28 came to hand May 11, and found me under
a severe indisposition, which kept me from all business more than a month,
and still permits me to apply but very sparingly. That of June 20 was
delivered me two days ago by young Mr. Middleton, whom I was very glad to
see, as I am everybody and everything which comes from you. It will give
me great pleasure to be of any use to him, on his father's account as well
as yours.
In yours of April 28 you mention Dr. Turnbull's opinion that force alone
can do our business with the Algerines. I am glad to have the concurrence
of so good an authority on that point. I am clear myself that nothing
but a perpetual cruise against them, or at least for eight months of
the year, and for several years, can put an end to their piracies; and
I believe that a confederacy of the nations not in treaty with them can
be effected, so as to make that perpetual cruise, or our share of it, a
very light thing, as soon as we shall have money to answer even a light
thing; and I am in hopes this may shortly be the case. I participate
fully of your indignation at the trammels imposed on our commerce with
Great Britain. Some attempts have been made in Congress, and others are
still making to meet their restrictions by effectual restriction on our
part. It was proposed to double the foreign tonnage for a certain time,
and after that to prohibit the exportation of our commodities in the
vessels of nations not in treaty with us. This has been rejected. It is
now proposed to prohibit any nation from bringing or carrying in their
vessels what may not be brought or carried in ours from or to the same
ports; also to prohibit those from bringing to us anything not of their
own produce, who prohibit us from carrying to them anything but our own
produce. It is thought, however, that this cannot be carried. The fear
is that it would irritate Great Britain were we to feel any irritation
ourselves. You will see by the debates of Congress that there are good men
and bold men, and sensible men, who publicly avow these sentiments. Your
observations on the expediency of making short treaties, are most sound.
Our situation is too changing and too improving to render an unchangeable
treaty expedient for us. But what are these enquiries on the part of the
British minister which leads you to think he means to treat? May they
not look to some other object? I suspect they do; and can no otherwise
reconcile all circumstances. I would thank you for a communication of any
facts on this subject.
Some questions have lately agitated the minds of Congress more than the
friends of union on catholic principles would have wished. The general
assumption of State debts has been as warmly demanded by some States,
as warmly rejected by others. I hope still that this question maybe so
divested of the injustice imputed to it as to be compromised. The question
of residence, you know, was always a heating one. A bill has passed the
Senate for fixing this at Philadelphia ten years, and then at Georgetown;
and it is rather probable it will pass the lower house. That question then
will be put to sleep for ten years; and this and the funding business
being once out of the way, I hope nothing else may be able to call up
local principles. If the war between Spain and England takes place, I
think France will inevitably be involved in it. In that case I hope the
new world will fatten on the follies of the old. If we can but establish
the armed neutrality for ourselves, we must become the carriers for all
parties as far as we can raise vessels.
The President had a hair-breadth escape; but he is now perfectly
re-established, and looks much better than before he was sick. I expect
daily to see your nephew, Mr. J. Rutledge, arrive here, as he wrote me by
the May packet that he would come in that of June. He is a very hopeful
young man, sensible, well-informed, prudent and cool. Our southern sun
has been accused of sometimes sublimating the temper too highly. I wish
all could think as coolly, but as soundly and firmly as you do. Adieu, my
dear friend. Yours affectionately.
TO MR. DUMAS.
New York, July 13, 1790.
Sir,--I wrote you last on the 23d of June, since which I have received
yours of March the 24th to the 30th.
* * * * *
Congress are still engaged in their funding bills. The foreign debts did
not admit of any difference of opinion. They were settled by a single
and unanimous vote; but the domestic debt, requiring modifications and
settlements, these produce great difference of opinion, and consequently
retard the passage of the funding bill. The States had individually
contracted considerable debts for their particular defence, in addition to
what was done by Congress. Some of the States have so exerted themselves
since the war, as to have paid off near the half of their individual
debts. Others have done nothing. The State creditors urge, that these
debts were as much for general purposes as those contracted by Congress,
and insist that Congress shall assume and pay such of them as have not
been yet paid by their own States. The States who have exerted themselves
most, find that, notwithstanding the great payments they have made, they
shall by this assumption, still have nearly as much to pay as if they had
never paid anything. They are therefore opposed to it. I am in hopes a
compromise will be effected by a proportional assumption, which may reach
a great part of the debts, and leave still a part of them to be paid by
those States who have paid few or none of their creditors. This being once
settled, Congress will probably adjourn, and meet again in December, at
Philadelphia. The appearance of war between our two neighbors, Spain and
England, would render a longer adjournment inexpedient.
I have the honor to be, with great esteem, dear Sir, your most obedient,
and most humble servant.
TO DR. GILMER.
New York, July 25, 1790.
Dear Doctor,--I wrote you last on the 27th of June. Since that we have had
great appearances of an explosion between Spain and England. Circumstances
still indicate war. The strongest fact against it is that a British
ambassador is actually gone to Madrid. If there be war, France will
probably embark in it. I do not think it can disturb her revolution, that
is so far advanced as to be out of danger. Be these things as they may,
there will be war enough to ensure us great prices for wheat for years to
come, and if we are wise we shall become wealthy. McGillivray, and about
thirty Creek chiefs, are here. We are in hopes this visit will ensure the
continuance of peace with them. The assumption in a proportionate form
is likely to pass. The sum to be assumed is twenty-one millions. Of this
three and a half millions are allotted to Virginia, being the exact sum
it is supposed she will have to contribute of the whole assumption, and
sufficient also to cover the whole of her remaining domestic debt. Being
therefore to receive exactly what she is to pay, she will neither lose nor
gain by the measure. The principal objection now is, that all the debts,
general and State, will be to be raised by tax on imposts, which will
thus be overburthened; whereas had the States been left to pay the debts
themselves, they could have done it by taxes on land and other property,
which would thus have lightened the burthen on commerce. However, the
measure was so vehemently called for by the State creditors in some parts
of the Union, that it seems to be one of those cases where some sacrifice
of opinion is necessary for the sake of peace. Congress will probably rise
between the 6th and 13th of August. The President will soon after that go
to Mount Vernon, and I shall take advantage of the interregnum to see my
neighbors in Albemarle, and to meet my family there. I suppose it will be
the 1st of September before I can set out from this place, and shall take
that occasion of having my affairs removed hence to Philadelphia. Present
me affectionately to Mrs. Gilmer and all my friends. Adieu, dear Doctor,
your sincere friend and humble servant.
TO WILLIAM SHORT.
New York, July 26, 1790.
Dear Sir,--My public letters to you have been of the 28th of March, the
6th and 30th of April. Yours, which remain to be acknowledged, are of
March the 9th, 17th, 29th, April the 4th, 12th, 23d, and May the 1st;
being from No. 21 to 28 inclusive, except No. 23, which had come to hand
before. I will state to you the dates of all your letters received by me,
with the times they have been received, and length of their passage.
* * * * *
You will perceive that they average eleven weeks and a half; that the
quickest are of nine weeks, and the longest are of near eighteen weeks
coming. Our information through the English papers, is of about five
or six weeks, and we generally remain as long afterwards in anxious
suspense, till the receipt of your letters may enable us to decide what
articles of those papers have been true. As these come principally by the
English packet, I will take the liberty of asking you to write always by
that packet, giving a full detail of such events as may be communicated
through that channel; and indeed most may. If your letters leave Paris
nine or ten days before the sailing of the packet, we shall be able to
decide, on the moment, on the facts, true or false, with which she comes
charged. For communications of a secret nature, you will avail yourself
of other conveyances, and you will be enabled to judge which are best,
by the preceding statement. News from Europe is very interesting at this
moment, when it is so doubtful whether a war will take place between our
two neighbors.
Congress have passed an act for establishing the seat of government
at Georgetown, from the year 1800, and in the meantime, to remove to
Philadelphia. It is to that place, therefore, that your future letters
had better be addressed. They have still before them the bill for funding
the public debts. That has been hitherto delayed by a question, whether
the debts contracted by the particular States for general purposes,
should, at once, be assumed by the General Government. A development of
circumstances, and more mature consideration, seem to have produced some
change of opinion on the subject. When it was first proposed, a majority
was against it. There is reason to believe, by the complexion of some
later votes, that the majority will now be for assuming these debts to
a fixed amount. Twenty-one millions of dollars are proposed. As soon
as this point is settled, the funding bill will pass, and Congress will
adjourn. That adjournment will probably be between the 6th and 13th of
August. They expect it sooner. I shall then be enabled to inform you,
ultimately, on the subject of the French debt, the negotiations for
the payment of which will be referred to the executive, and will not be
retarded by them an unnecessary moment. A bill has passed, authorizing the
President to raise the salary of a chargé des affaires to four thousand
five hundred dollars, from the first day of July last. I am authorized
by him to inform you, that yours will accordingly be at that rate, and
that you will be allowed for gazettes, translating or printing papers,
where that shall be necessary, postage, couriers, and necessary aids to
poor American _sailors_, in addition to the salary, and no charge of any
other description, except where you may be directed to incur it expressly.
I have thought it would be most agreeable to you to give you precise
information, that you may be in no doubt in what manner to state your
accounts. Be pleased to settle your account down to the 1st of July last,
and state the balance then due, which will be to be paid out of the former
fund. From that day downwards, a new account must be opened, because a new
fund is appropriated to it, from that time. The expenses for the medals,
directed in my letter of April the 30th, must enter into the new account.
As I presume the die will be finished by the time you receive this, I
have to desire you will have a medal of gold struck for the Marquis de La
Luzerne, and have put to it a chain of three hundred and sixty-five links,
each link containing gold to the value of two dollars and a half, or
thirteen livres and ten sous. The links to be of plain wire, so that their
workmanship may cost as it were nothing. The whole will make a present of
little more than one thousand dollars, including the medal and chain. As
soon as done, be pleased to forward them by a safe hand to the Marquis de
La Luzerne, in the name of the President of the United States, informing
him that it is the one spoken of in my letter to him of April the 30th,
1790. Say nothing to anybody of the value of the present, because that
will not always be the same, in all cases. Be so good as to have a second
medal of gold struck in the same die, and to send this second, together
with the dies, to Philadelphia, by the first safe person who shall be
passing; no chain to be sent with this.
We are impatient to learn the progress and prospect of the Algerine
business. Do not let it languish a moment, nor leave us a moment
uninformed of anything relative to it. It is in truth a tender business,
and more felt as such in this, than in any other country. The suppression
of the farms of tobacco, and the free importation of our salted
provisions, will merit all your attention. They are both of them objects
of first-rate importance.
The following appointments of consuls have taken place.
* * * * *
Their jurisdictions, in general, extend to all places within the same
allegiance, which are nearer to them than to the residence of any other
consul or vice-consul. As yet, only their commissions have been made
out. General instructions await the passage of a bill now depending.
Mr. La Forest, at this place, remarked our appointment of consuls in
the French islands. In the first project of a convention proposed on
the part of France, the expressions reached expressly to the kingdom of
France only. I objected to this in writing, as being narrower than the
twenty-ninth article of the treaty of amity, which was the basis of the
consular convention, and which had granted the appointment of consuls
and vice-consuls, in their respective "States and ports," generally, and
without restriction. On this, the word "France" was struck out, and the
"dominions of the M. C. K." inserted everywhere. See the fifth, ninth,
twelfth, thirteenth and fifteenth articles particularly, of the copy of
the draughts of 1784 and 1788, as I had them printed side by side. The
object of this alteration was, the appointment of consuls in the free
ports allowed us in the French West Indies, where our commerce has greater
need of protection than anywhere. I mention these things that you may be
prepared, should anything be said to you on the subject. I am persuaded
the appointment will contribute eminently to the preservation of harmony
between us. These consuls will be able to prevent the misunderstandings
which arise frequently now between the officers there and our traders,
and which are doubtless much exaggerated and misrepresented to us by the
latter.
I duly received the copy you were so kind as to send me of the Bishop of
Autun's proposition, on the subject of weights and measures. It happened
to arrive in the moment I was about giving in to Congress a report on the
same subject, which they had referred to me. In consequence of the Bishop
of Autun's proposition, I made an alteration in my report, substituting
forty-five degrees instead of thirty-eight degrees, which I had at
first proposed as a standard latitude. I send you a copy of my report
for the Bishop, and another for M. Condorcet, Secretary of the Academy
of Sciences. By taking the second pendulum or rod of the same latitude,
for the basis of our measures, it will at least furnish a common measure
to which both our systems will refer, provided our experiments on the
pendulum or rod of forty-five degrees should yield exactly the same result
with theirs.
The newspapers, as usual, will accompany the present, which is to go by
Mr. Barrett.
I have the honor to be, with great esteem and attachment, dear Sir, your
most obedient and most humble servant.
TO WILLIAM CARMICHAEL.
New York, August 2, 1790.
Dear Sir,--This letter will be delivered to you by Colonel Humphreys,
whose character is so well known to you as to need no recommendations
from me. The present appearances of war between our two neighbors Spain
and England, cannot but excite all our attention. The part we are to act
is uncertain, and will be difficult. The unsettled state of our dispute
with Spain, may give a turn to it very different from what we would
wish. As it is important that you should be fully apprized of our way of
thinking on this subject, I have sketched, in the enclosed paper, general
heads of consideration arising from present circumstances. These will
be readily developed by your own reflections, and in conversations with
Colonel Humphreys; who, possessing the sentiments of the executive on
this subject, being well acquainted with the circumstances of the Western
country in particular, and of the state of our affairs in general, comes
to Madrid expressly for the purpose of giving you a thorough communication
of them. He will, therefore, remain there as many days or weeks as may
be necessary for this purpose. With this information, written and oral,
you will be enabled to meet the minister in conversations on the subject
of the navigation of the Mississippi, to which we wish you to lead his
attention immediately. Impress him thoroughly with the necessity of an
early, and even an immediate settlement of this matter, and of a return
to the field of negotiation for this purpose; and though it must be
done delicately, yet he must be made to understand unequivocally, that a
resumption of the negotiation is not desired on our part, unless he can
determine, in the first opening of it, to yield the immediate and full
enjoyment of that navigation. (I say nothing of the claims of Spain to our
territory north of the thirty-first degree, and east of the Mississippi.
They never merited the respect of an answer; and you know it has been
admitted at Madrid, that they were not to be maintained.) It may be
asked, what need of negotiation, if the navigation is to be ceded at all
events? You know that the navigation cannot be practised without a port,
where the sea and river vessels may meet and exchange loads, and where
those employed about them may be safe and unmolested. The right to use a
thing, comprehends a right to the means necessary to its use, and without
which it would be useless. The fixing on a proper port, and the degree of
freedom it is to enjoy in its operations, will require negotiation, and
be governed by events. There is danger, indeed, that even the unavoidable
delay of sending a negotiator here, may render the mission too late for
the preservation of peace. It is impossible to answer for the forbearance
of our western citizens. We endeavor to quiet them with the expectation
of an attainment of their rights by peaceable means. But should they, in
a moment of impatience, hazard others, there is no saying how far we may
be led; for neither themselves nor their rights will ever be abandoned by
us.
You will be pleased to observe, that we press these matters warmly and
firmly, under this idea, that the war between Spain and Great Britain will
be begun before you receive this; and such a moment must not be lost. But
should an accommodation take place, we retain, indeed, the same object and
the same resolutions unalterably; but your discretion will suggest, that
in that event, they must be pressed more softly, and that patience and
persuasion must temper your conferences, till either these may prevail, or
some other circumstance turn up, which may enable us to use other means
for the attainment of an object which we are determined, in the end, to
obtain at every risk.
I have the honor to be, with great esteem, dear Sir, your most obedient,
and most humble servant.
TO M. DE PINTO.
New York, August 7, 1790.
Sir,--Under cover of the acquaintance I had the honor of contracting
with you, during the negotiations we transacted together in London,
I take the liberty of addressing you the present letter. The friendly
dispositions you were then pleased to express towards this country, which
were sincerely and reciprocally felt on my part towards yours, flatter
me with the hope you will assist in maturing a subject for their common
good. As yet, we have not the information necessary to present it to you
formally, as the minister of her most faithful Majesty. I beg, therefore,
that this letter may be considered as between two individual friends of
their respective countries, preliminary to a formal proposition, and meant
to give an acceptable shape to that.
It is unnecessary, with your Excellency, to go through the history of
our first experiment in government; the result of which was, a want of
such tone in the governing powers, as might effect the good of those
committed to their care. The nation become sensible of this, have changed
its organization, made a better distribution of its powers, and given
to them more energy and independence. The new government has now, for
some time, been under way; and so far, gives a confidence that it will
answer its purposes. Abuses under the old forms, have led us to lay the
basis of the new, in a rigorous economy of the public contributions.
This principle will show itself in our diplomatic establishments; and
the rather, as at such a distance from Europe, and with such an ocean
between us, we hope to meddle little in its quarrels or combinations. Its
peace and its commerce are what we shall court; and to cultivate these,
we propose to place at the courts of Europe most interesting to us,
diplomatic characters of economical grade, and shall be glad to receive
like ones in exchange. The important commerce carried on between your
country and ours, and the proofs of friendly disposition towards us which
her Majesty has manifested, induce us to wish for such an exchange with
her, to express our sensibility at the intimations heretofore received
of her readiness to meet our wish in this point, and our regret at the
delay which has proceeded from the circumstances before touched on. The
grade to be exchanged is the present question, and that on which I ask a
friendly and informal consultation with you. That of chargé des affaires,
is the one we would prefer. It is that we employ at the court of Madrid.
But it has been said, that by the etiquette of your court, that grade
cannot be received there under a favorable countenance. Something like
this existed at the court of Madrid. But his most Catholic Majesty, in
consideration of our peculiar circumstances, dispensed with a general
rule in our favor and in our particular case; and our chargé des affaires
there, enjoys at court the privileges, the respect and favor due to a
friendly nation, to a nation whom distance and difference of circumstances
liberate, in some degree, from an etiquette, to which it is a stranger
at home as well as abroad. The representative of her Majesty here, under
whatever name mutual convenience may designate him, shall be received
in the plentitude of friendship and favor. May we not ask a reciprocal
treatment of ours with you? The nations of Europe have already seen the
necessity of distinguishing America from Europe, even in their treaties;
and a difference of commerce, of government, of condition and character,
must every day evince, more and more, the impracticability of involving
them under common regulations. Nor ought a difference of arrangement with
respect to us, to excite claims from others whose circumstances bear no
similitude to ours.
I beg leave to submit these considerations to your Excellency's wisdom and
goodness. You will see them to be such as could not be offered formally.
They must shield themselves under the protection of those sentiments
of veneration and esteem with which your character heretofore inspired
me, and which I flattered myself were not merely indifferent to you.
Be so good as to honor with a conference hereon, the bearer, Colonel
Humphreys (who was known to you in London), a gentleman who has long been
of the President's family, and whose worth has acquired so much of our
confidence, that whatever shall be arranged with him, on this subject,
may be considered as settled. Presuming on a continuance of her Majesty's
dispositions, accept this private assurance that a proper person shall
be appointed in due form to reside with you, as soon as we shall know the
result of your deliberations with Colonel Humphreys, whom I beg leave to
present to your notice; adding the homage of those sentiments of respect
and attachment with which I have the honor to be, your Excellency's most
obedient, and most humble servant.
TO JOSHUA JOHNSON.
New York, August 7, 1790.
Sir,--The President of the United States, desirous of availing his country
of the talents of its best citizens in their respective lines, has thought
proper to nominate you consul for the United States, at the port of
London. The extent of our commercial and political connections with that
country, marks the importance of the trust he confides to you, and the
more, as we have no diplomatic character at that court. I shall say more
to you in a future letter on the extent of the consular functions, which
are, in general, to be confined to the superintendence and patronage of
commerce and navigation; but in your position, we must desire somewhat
more. Political intelligence from that country is interesting to us in
a high degree. We must, therefore, ask you to furnish us with this as
far as you shall be able; to send us moreover the gazette of the court,
Woodfall's parliamentary paper, Debrett's parliamentary register; and
to serve sometimes as a centre for our correspondences with other parts
of Europe, by receiving and forwarding letters sent to your care. It
is desirable that we be annually informed of the extent to which the
British fisheries are carried on within each year, stating the number and
tonnage of the vessels, and the number of men employed in the respective
fisheries, to wit, the northern and southern whale fisheries, and the cod
fishery. I have as yet no statement of them for the year 1789, with which,
therefore, I will thank you to begin. While the press of seamen continues,
our seamen in ports nearer to you than to Liverpool, (where Mr. Maury
is consul,) will need your protection. The liberation of those impressed
should be desired of the proper authority, with due firmness, yet always
in temperate and respectful terms, in which way, indeed, all applications
to government should be made.
The public papers herein desired may come regularly, once a month, by
the British packet, and intermediately, by any vessels bound directly
either to Philadelphia or New York. All expenses incurred for papers and
postages, shall be paid at such intervals as you choose, either here, on
your order, or by bill on London, whenever you transmit to me an account.
There was a bill brought into the legislature for the establishment of
some regulations in the consular offices; but it is postponed to the next
session. That bill proposed some particular fees for particular services.
They were, however, so small, as to be no object. As there will be little
or no legal emolument annexed to the office of consul, it is, of course,
not expected that it shall render any expense incumbent on him.
I have the honor to be, with great esteem, Sir, your most obedient, and
most humble servant.
TO WILLIAM SHORT.
New York, August 10, 1790.
Dear Sir,--This letter, with the very confidential papers it encloses,
will be delivered to you by Mr. Barrett with his own hands. If there be
no war between Spain and England, they need be known to yourself alone.
But if that war be begun, or whenever it shall begin, we wish you to
communicate them to the Marquis de La Fayette, on whose assistance we know
we can count in matters which interest both our countries. He and you
will consider how far the contents of these papers may be communicated
to the Count de Montmorin, and his influence be asked with the court of
Madrid. France will be called into the war, as an ally, and not on any
pretence of the quarrel being in any degree her own. She may reasonably
require then, that Spain should do everything which depends on her, to
lessen the number of her enemies. She cannot doubt that we shall be of
that number, if she does not yield our right to the common use of the
Mississippi, and the means of using and securing it. You will observe,
we state in general the necessity, not only of our having a port near the
mouth of the river (without which we could make no use of the navigation
at all) but of its being so well separated from the territories of Spain
and her jurisdiction, as not to engender daily disputes and broils between
us. It is certain, that if Spain were to retain any jurisdiction over our
entrepôt, her officers would abuse that jurisdiction, and our people would
abuse their privileges in it. Both parties must foresee this, and that it
will end in war. Hence the necessity of a well-defined separation. Nature
has decided what shall be the geography of that in the end, whatever it
might be in the beginning, by cutting off from the adjacent countries
of Florida and Louisiana, and enclosing between two of its channels,
a long and narrow slip of land, called the Island of New Orleans. The
idea of ceding this, could not be hazarded to Spain, in the first step;
it would be too disagreeable at first view; because this island, with
its town, constitutes, at present, their principal settlement in that
part of their dominions, containing about ten thousand white inhabitants
of every age and sex. Reason and events, however, may, by little and
little, familiarize them to it. That we have a right to some spot as an
entrepôt for our commerce, may be at once affirmed. The expediency, too,
may be expressed, of so locating it as to cut off the source of future
quarrels and wars. A disinterested eye, looking on a map, will remark how
conveniently this tongue of land is formed for the purpose; the Iberville
and Amit channel offering a good boundary and convenient outlet, on the
one side, for Florida, and the main channel an equally good boundary and
outlet, on the other side, for Louisiana; while the slip of land between,
is almost entirely morass or sandbank; the whole of it lower than the
water of the river, in its highest floods, and only its western margin
(which is the highest ground) secured by banks and inhabited. I suppose
this idea too much even for the Count de Montmorin at first, and that,
therefore, you will find it prudent to urge, and get him to recommend to
the Spanish court, only in general terms, "a port near the mouth of the
river, with a circumjacent territory sufficient for its support, well
defined, and extra-territorial to Spain," leaving the idea to future
growth.
I enclose you the copy of a paper distributed by the Spanish commandant on
the west side of the Mississippi, which may justify us to M. de Montmorin,
for pushing this matter to an immediate conclusion. It cannot be expected
we shall give Spain time, to be used by her for dismembering us.
It is proper to apprize you of a circumstance, which may show the
expediency of being in some degree on your guard, even in your
communications to the court of France. It is believed here, that the Count
de Moustier, during his residence with us, conceived the project of again
engaging France in a colony upon our continent, and that he directed
his views to some of the country on the Mississippi, and obtained and
communicated a good deal of matter on the subject to his court. He saw
the immediate advantage of selling some yards of French cloths and silks
to the inhabitants of New Orleans. But he did not take into account what
it would cost France to nurse and protect a colony there, till it should
be able to join its neighbors, or to stand by itself; and then what it
would cost her to get rid of it. I hardly suspect that the court of France
could be seduced by so partial a view of the subject as was presented
to them, and I suspect it the less, since the National Assembly has
constitutionally excluded conquest from the object of their government.
It may be added, too, that the place being ours, their yards of cloth and
silk would be as freely sold as if it were theirs.
You will perceive by this letter, and the papers it encloses, what part of
the ideas of Count d'Estaing correspond with our views. The answer to him
must be a compound of civility and reserve, expressing our thankfulness
for his attentions, that we consider them as proofs of the continuance of
his friendly dispositions, and that though it might be out of our system
to implicate ourselves in trans-Atlantic guarantees, yet other parts
of his plans are capable of being improved to the common benefit of the
parties. Be so good as to say to him something of this kind verbally, and
so as that the matter may be ended as between him and us.
On the whole, in the event of war, it is left to the judgment of the
Marquis de La Fayette and yourself, how far you will develop the ideas now
communicated to the Count de Montmorin, and how far you will suffer them
to be developed to the Spanish court.
I enclose you a pamphlet by Hutchins for your further information on the
subject of the Mississippi; and am, with sentiments of perfect esteem and
attachment, dear Sir, your most obedient, and most humble servant.
TO COLONEL DAVID HUMPHREYS.
New York, August 11, 1790.
Sir,--The President having thought proper to confide several special
matters in Europe to your care, it will be expedient that you take your
passage in the first convenient vessel bound to the port of London.
When there, you will be pleased to deliver to Mr. G. Morris and to Mr.
Johnson, the letters and papers you will have in charge for them, to
communicate to us from thence any interesting public intelligence you
may be able to obtain, and then to take as early a passage as possible to
Lisbon.
At Lisbon, you will deliver the letter with which you are charged for
the Chevalier Pinto, putting on it the address proper to his present
situation. You know the contents of this letter, and will make it the
subject of such conferences with him, as may be necessary to obtain our
point of establishing there the diplomatic grade which alone coincides
with our system, and of insuring its reception and treatment with the
requisite respect. Communicate to us the result of your conferences, and
then proceed to Madrid.
There you will deliver the letters and papers which you have in charge
for Mr. Carmichael, the contents of all which are known to you. Be so good
as to multiply, as much as possible, your conferences with him, in order
to possess him fully of the special matters sketched out in those papers,
and of the state of our affairs in general.
Your stay there will be as long as its object may require, only taking
care to return to Lisbon by the time you may reasonably expect that our
answers to your letters, to be written from Lisbon, may reach that place.
This cannot be earlier than the first or second week of January. These
answers will convey to you the President's further pleasure.
Through the whole of this business, it will be best that you avoid all
suspicion of being on any public business. This need be known only to
the Chevalier Pinto and Mr. Carmichael. The former need not know of your
journey to Madrid, or if it be necessary, he may be made to understand
that it is a journey of curiosity, to fill up the interval between writing
your letters and receiving the answers. To every other person, it will be
best that you appear as a private traveller.
The President of the United States allows you from this date, at the rate
of two thousand two hundred and fifty dollars a year, for your services
and expenses, and moreover, what you may incur for the postage of letters;
until he shall otherwise order.
TO GOUVERNEUR MORRIS.
New York, August 12, 1790.
Dear Sir,--Your letter of May the 29th to the President of the United
States, has been duly received. You have placed their proposition of
exchanging a minister on proper ground. It must certainly come from them,
and come in unequivocal form. With those who respect their own dignity so
much, ours must not be counted at naught. On their own proposal formally,
to exchange a minister, we sent them one. They have taken no notice of
that, and talk of agreeing to exchange one now, as if the idea were new.
Besides, what they are saying to you, they are talking to us through
Quebec; but so informally, that they may disavow it when they please. It
would only oblige them to make the fortune of the poor Major, whom they
would pretend to sacrifice. Through him, they talk of a minister, a treaty
of commerce _and alliance_. If the object of the latter be honorable, it
is useless; if dishonorable, inadmissible. These tamperings prove, they
view a war as very possible; and some symptoms indicate designs against
the Spanish possessions adjoining us. The consequences of their acquiring
all the country on our frontier, from the St. Croix to the St. Mary's, are
too obvious to you to need development. You will readily see the dangers
which would then environ us. We wish you, therefore, to intimate to them
that we cannot be indifferent to enterprises of this kind. That we should
contemplate a change of neighbors with extreme uneasiness; and that a
due balance on our borders is not less desirable to us, than a balance of
power in Europe has always appeared to them. We wish to be neutral, and
we will be so, _if they will execute the treaty fairly_, and _attempt no
conquests adjoining us_. The first condition is just; the second imposes
no hardship on them. They cannot complain that the other dominions of
Spain would be so narrow as not to leave them room enough for conquest.
If the war takes place, we would really wish to be quieted on these two
points, offering in return an honorable neutrality. More than this, they
are not to expect. It will be proper that these ideas be conveyed in
delicate and friendly terms; but that they be conveyed, if the war takes
place; for it is in that case alone, and not till it be begun, that we
should wish our dispositions to be known. But in no case, need they think
of our accepting any equivalent for the posts.
I have the honor to be, with great respect and esteem, dear Sir your most
obedient, and most humble servant.
TO THE ATTORNIES OF THE UNITED STATES FOR THE SEVERAL DISTRICTS, THOSE OF
MAINE AND KENTUCKY EXCEPTED.
New York, August 12, 1790.
Sir,--It is desirable that government should be informed what proceedings
have taken place in the several States since the treaty with Great
Britain, which may be considered by that nation as infractions of the
treaty, and consequently that we should be furnished with copies of
all acts, orders, proclamations, and decisions, legislative, executive,
or judiciary, which may have affected the debts or other property, or
the persons, of British subjects or American refugees. The proceedings
subsequent to the treaty, will sometimes call for those also which took
place during the war. No person is more able than yourself, Sir, to
furnish us with a list of the proceedings of this kind which have taken
place within your State, nor is there any one on whom we may with more
propriety rely for it, as well as to take the trouble of furnishing us
with exact copies of them. Should you be so kind as to state any facts or
circumstances which may enter into the justification or explanation of any
of these proceedings, they will be thankfully received; and it is wished
the whole may come to hand between this and the last of October.
While I am troubling you with this commission, I am obliged to add a
second, which being undertaken at this time, will abridge the labor of the
first. It is found indispensable that we be possessed here of a complete
collection of all the printed laws and ordinances, ancient and modern, of
every State of the Union. I must ask the favor of you, Sir, to have such
a collection made for us, so far as relates to your State. The volumes
of this collection which, being more modern, may be more readily found, I
will ask the favor of you to send immediately by whatever conveyance you
think safest and best; those more rarely to be had, you will be so good as
to forward from time to time, as you can get them. For your reimbursement,
be pleased to draw on me, only expressing in your draught that it is for
"the laws of your State, purchased and forwarded for the United States:"
or, if it should be more convenient to you, I will at any time send you
an order from the treasury for your reimbursement on the collection most
convenient to you. This shall be as you please.
Your zeal for the general service needs not to be excited by information,
that it is with the special approbation of the President of the United
States that I address you on this occasion.
I have the honor to be, with great regard, Sir, your most obedient, and
most humble servant.
TO MR. RANDOLPH.
New York, August 14, 1790.
Dear Sir,--I am setting out on a trip to Rhode Island with the President
to-morrow, by water. We shall be absent five or six days, and of course
his departure hence to the southward will be that much later than he
intended; and my departure, which must be after his, a little delayed.
Still I hope to reach Monticello by the 15th of September, or from that
to the 20th. We have just concluded a treaty with the Creeks, which is
important, as drawing a line between them and Georgia, and enabling the
government to do, as it will do, justice against either party offending.
Congress separated the day before yesterday, having in the latter part
of their session re-acquired the harmony which had always distinguished
their proceedings, till the two disagreeable subjects of the assumption
and residence were introduced. These really threatened, at one time,
a separation of the legislature _sine die_. They saw the necessity of
suspending almost all business for some time; and, when they resumed it,
of some mutual sacrifices of opinion. It is not foreseen that anything
so generative of dissension can arise again, and therefore the friends
of the government hope that, this difficulty once surmounted in the
States, everything will work well. I am principally afraid that commerce
will be overloaded by the assumption, believing that it would be better
that property should be duly taxed. Present me affectionately to my dear
daughters, and believe me to be sincerely yours.
TO GOVERNOR HANCOCK.
New York, August 24, 1790.
Sir,--The representatives of the United States have been pleased to refer
to me the representation from the general court of Massachusetts, on the
subject of the whale and cod fisheries, which had been transmitted by
your Excellency, with an instruction to examine the matter thereof, and
report my opinion thereupon to the next session of Congress. To prepare
such a report as may convey to them the information necessary to lead
to an adequate remedy, it is indispensable that I obtain a statement of
the fisheries, comprehending such a period before and since the war, as
may show the extent to which they were and are carried on. With such
a statement under their view, Congress may be able, by comparing the
circumstances which existed when the fisheries flourished, with those
which exist at this moment of their decline, to discover the cause of
that decline, and provide either a remedy for it, or something which may
countervail its effect. This information can be obtained nowhere but in
the State over which your Excellency presides, and under no other auspices
so likely to produce it. May I, therefore, take the liberty of soliciting
your Excellency to charge with the collecting and furnishing me this
information, some person or persons who may be competent to the object.
Taking a point of commencement at a proper interval before the year of
greatest prosperity, there should be stated in a table, year by year,
under different columns, as follows:
1. The number of vessels fitted out each year for the codfishery. 2.
Their tonnage. 3. The number of seamen employed. 4. The quantity of fish
taken; 1, of superior quality; 2, of inferior. 5. The quantity of each
kind exported; 1, to Europe, and to what countries there; 2, to other, and
what parts of America. 6. The average prices at the markets, 1, of Europe;
2, of America. With respect to the whale fishery, after the three first
articles, the following should be substituted. 4. Whether to the northern
or southern fishery. 5. The quantity of oil taken; 1, of the spermaceti
whale; 2, of the other kinds. 6. To what market each kind was sent. 7.
The average prices of each. As the ports from which the equipments were
made, could not be stated in the same table conveniently, they might
form a separate one. It would be very material that I should receive this
information by the first of November, as I might be able to bestow a more
undisturbed attention to the subject before than after the meeting of
Congress, and it would be better to present it to them at the beginning,
than towards the close of a session.
The peculiar degree of interest with which this subject must affect
the State of Massachusetts, the impossibility of obtaining necessary
information from any other quarter, and the slender means I should have
of acquiring it from thence, without the aid of your Excellency, will,
I hope, be a sufficient apology for the trouble I take the liberty of
giving you; and I am happy in every occasion of repeating assurances
of the respect and attachment with which I have the honor to be, your
Excellency's most obedient, and most humble servant.
_Circular of the Consuls and Vice-Consuls of the United States._
New York, August 26, 1790.
Sir,--I expected ere this, to have been able to send you an act of
Congress, prescribing some special duties and regulations for the exercise
of the consular offices of the United States; but Congress not having been
able to mature the act sufficiently, it lies over to their next session.
In the meanwhile, I beg leave to draw your attention to some matters of
information, which it is interesting to receive.
I must beg the favor of you to communicate to me every six months, a
report of the vessels of the United States which enter at the ports of
your district, specifying the name and burthen of each vessel, of what
description she is, (to wit, ship, snow, brig, &c.,) the names of the
master and owners, and number of seamen, the port of the United States
from which she cleared, places touched at, her cargo outward and inward,
and the owners thereof, the port to which she is bound, and times of
arrival and departure; the whole arranged in a table under different
columns, and the reports closing on the last days of June and December.
We wish you to use your endeavors that no vessel enter as an American in
the ports of your district, which shall not be truly such, and that none
be sold under that name, which are not really of the United States.
That you give to me, from time to time, information of all military
preparations, and other indications of war which may take place in your
ports; and when a war shall appear imminent, that you notify thereof the
merchants and vessels of the United States within your district, that they
may be duly on their guard; and in general, that you communicate to me
such political and commercial intelligence, as you may think interesting
to the United States.
The consuls and vice-consuls of the United States are free to wear the
uniform of their navy, if they choose to do so. This is a deep blue coat
with red facings, lining and cuffs, the cuffs slashed and a standing
collar; a red waistcoat (laced or not at the election of the wearer) and
blue breeches; yellow buttons with a foul anchor, and black cockades and
small swords.
Be pleased to observe, that the vice-consul of one district is not at all
subordinate to the consul of another. They are equally independent of each
other.
The ground of distinction between these two officers is this. Our
government thinks, that to whatever there may be either of honor or profit
resulting from the consular office, native citizens are first entitled,
where such, of proper character, will undertake the duties; but where
none such offer, a vice-consul is appointed of any other nation. Should
a proper native come forward at any future time, he will be named consul;
but this nomination will not revoke the commission of vice-consul; it will
only suspend his functions during the continuance of the consul within
the limits of his jurisdiction, and on his departure therefrom, it is
meant that the vice-consular authority shall revive of course, without
the necessity of a re-appointment.
It is understood, that consuls and vice-consuls have authority of course,
to appoint their own agents in the several ports of their district, and
that it is with themselves alone those agents are to correspond.
It will be best not fatigue the government in which you reside, or
those in authority under it, with applications in unimportant cases.
Husband their good dispositions for occasions of some moment, and let all
representations to them be couched in the most temperate and friendly
terms, never indulging in any case whatever, a single expression which
may irritate.
I have the honor to be, Sir, your most obedient, and most humble servant.
TO WILLIAM SHORT.
New York, August 26, 1790.
Dear Sir,--My last letters to you have been of the 26th of July, and 10th
instant. Yours of May the 16th, No. 31, has come to hand.
I enclose you sundry papers, by which you will perceive, that the
expression in the eleventh article of our treaty of amity and commerce
with France, viz. "that the subjects of the United States shall not be
reputed Aubaines _in France_, and consequently shall be exempted from
the Droit d'Aubaine, or other similar duty, under what name soever," has
been construed so rigorously to the letter, as to consider us as Aubaines
in the _colonies_ of France. Our intercourse with those colonies is so
great, that frequent and important losses will accrue to individuals, if
this construction be continued. The death of the master or supercargo
of a vessel, rendered a more common event by the unhealthiness of the
climate, throws all the property which was either his, or under his
care, into contest. I presume that the enlightened Assembly now engaged
in reforming the remains of feudal abuse among them, will not leave so
inhospitable an one as the Droit d'Aubaine existing in France, or any of
its dominions. If this may be hoped, it will be better that you should
not trouble the minister with any application for its abolition in the
colonies as to us. This would be erecting into a special favor to us,
the extinction of a general abuse, which will, I presume, extinguish of
itself. Only be so good as to see, that in abolishing this odious law
in France, its abolition in the colonies also, be not omitted by mere
oversight; but if, contrary to expectations, this fragment of barbarism
be suffered to remain, then it will become necessary that you bring
forward the enclosed case, and press a liberal and just exposition of our
treaty, so as to relieve our citizens from this species of risk and ruin
hereafter. Supposing the matter to rest on the eleventh article only, it
is inconceivable, that he, who with respect to his personal goods is as a
native citizen in the mother country, should be deemed a foreigner in its
colonies. Accordingly, you will perceive by the opinions of Dr. Franklin
and Dr. Lee, two of our ministers who negotiated and signed the treaty,
that they considered that rights stipulated for us _in France_, were meant
to exist in all the _dominions of France_.
Considering this question under the second article of the treaty also,
we are exempted from the Droit d'Aubaine in all the dominions of France;
for by that article, no particular favor is to be granted to any other
nation, which shall not immediately become common to the other party. Now,
by the forty-fourth article of the treaty between France and England,
which was subsequent to ours, it is stipulated, "que dans tout ce qui
concerne--_les successions des biens mobiliers_--les sujets des deux
hautes parties contractantes auront _dans les Etats respectifs_ les memes
privileges, libertés et droits, que la nation la plus favorisée." This
gave to the English the general abolition of the Droit d'Aubaine, enjoyed
by the Hollanders under the first article of their treaty with France, of
July the 23d, 1773, which is in these words, "Les sujets des E. G. des
P. U. des pays-bas ne seront point assujettis au Droit d'Aubaine dans
les Etats de S. M. T. C." This favor then, being granted to the English
subsequent to our treaty, we become entitled to it of course by the
article in question. I have it not in my power at this moment, to turn to
the treaty between France and Russia, which was also posterior to ours.
If by that, the Russians are exempted from the Droit d'Aubaine, "_dans
les Etats de_ S. M. T. C." it is a ground the more for our claiming the
exemption. To these, you will be pleased to add such other considerations
of reason, friendship, hospitality and reciprocity, as will readily occur
to yourself.
About two or three weeks ago, a Mr. Campbell called on me, and introduced
himself by observing that his situation was an awkward one, that he had
come from Denmark with an assurance of being employed here in a public
character, that he was actually in service, though un-announced. He
repeated conversations which had passed between Count Bernstorff and
him, and asked me when a minister would be appointed to that court, or a
character sent to negotiate a treaty of commerce; he had not the scrip
of a pen to authenticate himself, however informally. I told him our
government had not yet had time to settle a plan of foreign arrangements;
that with respect to Denmark particularly, I might safely express to
him those sentiments of friendship which our government entertained for
that country, and assurances that the King's subjects would always meet
with favor and protection here; and in general, I said to him those
things which being true, might be said to anybody. You can perhaps learn
something of him from the Baron de Blome. If he be an unauthorized man, it
would be well it should be known here, as the respect which our citizens
might entertain, and the credit they might give to any person supposed to
be honored by the King's appointment, might lead them into embarrassment.
You know the situation of the new loan of three millions of florins going
on at Amsterdam. About one half of this is destined for an immediate
payment to France; but advantage may be gained by judiciously timing
the payment. The French colonies will doubtless claim in their new
constitution, a right to receive the necessaries of life from whomever
will deliver them cheapest; to wit, grain, flour, live stock, salted fish,
and other salted provisions. It would be well that you should confer with
their deputies, guardedly, and urge them to this demand, if they need
urging. The justice of the National Assembly will probably dispose them to
grant it, and the clamors of the Bordeaux merchants may be silenced by the
clamors and arms of the colonies. It may co-operate with the influence of
the colonies, if favorable dispositions towards us can be excited in the
moment of discussing this point. It will therefore be left to you to say
when the payment shall be made, in confidence that you will so time it,
as to forward this great object; and when you make this payment, you may
increase its effect, by adding assurances to the minister, that measures
have been taken which will enable us to pay up, within a very short time,
all arrears of principal and interest now due; and further, that Congress
has fully authorized our government to go on and pay even the balance not
yet due, which we mean to do, if that money can be borrowed on reasonable
terms; and that favorable arrangements of commerce between us and their
colonies, might dispose us to effect that payment with less regard to
terms. You will, of course, find excuses for not paying the money which is
ready and put under your orders, till you see that the moment has arrived
when the emotions it may excite, may give a decisive cast to the demands
of the colonies.
The newspapers, as usual, will accompany the present.
I have the honor to be, with great esteem and attachment, dear Sir, your
most obedient, and most humble servant.
TO THE SECRETARY OF WAR.
New York, August 26, 1790.
Dear Sir,--On the hasty view which the shortness of time permits me to
take of the treaty of Hopewell, the act of cession of North Carolina and
the act of acceptance by Congress, I hazard the following sentiments:
Were the treaty of Hopewell, and the act of acceptance of Congress to
stand in any point in direct opposition to each other, I should consider
the act of acceptance as void in that point; because the treaty is a law
made by two parties, and not revocable by one of them either acting alone
or in conjunction with a third party. If we consider the acceptance as
a legislative act of Congress, it is the act of one party only; if we
consider it as a treaty between Congress and North Carolina, it is but
a subsequent treaty with another power, and cannot make void a preceding
one with a different power.
But I see no such opposition between these two instruments. The Cherokees
were entitled to the sole occupation of the lands within the limits
guaranteed to them. The State of North Carolina, according to the _jus
gentium_ established for America by universal usage, had only a right of
pre-emption of these lands against all other nations. It could convey,
then, to its citizens only this right of pre-emption, and the right of
occupation could not be united to it till obtained by the United States
from the Cherokees. The act of cession of North Carolina only preserves
the rights of its citizens in the same state as they would have been, _had
that act never been passed_. It does not make imperfect titles perfect;
but only prevents their being made worse. Congress, by their act, accept
on these conditions. The claimants of North Carolina, then, and also the
Cherokees, are exactly where they would have been, had neither the act
of cession, nor that of acceptance, been ever made; that is, the latter
possess the right of occupation, and the former the right of pre-emption.
Though these deductions seem clear enough, yet the question would be a
disagreeable one between the general government, a particular government,
and individuals, and it would seem very desirable to draw all the claims
of pre-emption within a certain limit, by commuting for those out of it,
and then to purchase of the Cherokees the right of occupation.
I have the honor to be, my dear Sir, yours respectfully and affectionately.
TO M. LA FOREST, _Consul of France_.
New York, August 30, 1790.
Sir,--I asked the favor of the Secretary of the Treasury to consider the
fourth article of the consular convention, and to let me know whether
he should conclude that consuls not exercising commerce, were exempt
from paying duties on things imported for their own use. I furnished
him no explanation whatever, of what had passed on the subject at the
time of forming the convention, because I thought it should be decided
on the words of the convention, as they are offered to all the world,
and that it would only be where these are equivocal, that explanations
might be adduced from other circumstances. He considered the naked words
of the article, and delivered me as his opinion, that, according to
these, the first paragraph, "The consuls, and vice-consuls, &c., as the
natives are," subjected all their property, in whatever form and under
whatever circumstances it existed, to the same duties and taxes to which
the property of other individuals is liable, and exempts them only from
_taxes on their persons_, as poll taxes, head rates for the poor, for town
charges, &c.; and that the second paragraph, "Those of the said consuls,
&c., or other merchants," subjected such of them as exercised commerce,
even to the same _personal taxes_ as other merchants are: that the second
paragraph is an abridgment of the first, not an enlargement of it; and
that the exemption of those, not merchants, which seemed _implied_ in the
words of the second paragraph, could not be admitted against the contrary
meaning, directly and unequivocally expressed in the first.
Such, Sir, was his opinion, and it is exactly conformable to what the
negotiators had in view in forming this article. I have turned to the
papers which passed on that occasion, and I find that the first paragraph
was proposed in the first project given in by myself, by which the
distinction between taxes on their property and taxes on their persons,
is clearly enounced, and was agreed to; but as our merchants exercising
commerce in France, would have enjoyed a much greater benefit from the
personal exemption, than those of France do here, M. de Reyneval, in his
first counter-project, inserted the second paragraph, to which I agreed.
So that the object was, in the first paragraph, to put consuls, not being
merchants, on the same footing with citizens, not being merchants; and in
the second, to put consuls, merchants, on the same footing with citizens,
merchants.
This, Sir, we suppose to be the sense of the convention, which has become
a part of the law of the land, and the law, you know, in this country, is
not under the control of the executive, either in its meaning or course.
We must reserve, therefore, for more favorable occasions, our dispositions
to render the situation of the consuls of his Majesty as easy as possible,
by indulgences depending more on us; and of proving the sentiments of
esteem and attachment to yourself personally, with which I have the honor
to be, Sir, your most obedient, and most humble servant.
TO MR. BONDFIELD.
New York, August 31, 1790.
Dear Sir,--You will have understood perhaps that in the appointment of
consuls, which has taken place, another than yourself has been named for
Bordeaux. I feel it a duty to explain this matter to you, lest it should
give you an uneasiness as to the cause. No nomination occasioned more
difficulty, nor hung longer suspended. But the senate refused in every
instance, where there was a _native citizen_ in any port, to consent to
the nomination of any other. While this explains the reason of your not
having been appointed, I trust it will also excuse those with whom the
appointment rested. With respect to myself particularly, I beg you to be
assured that I shall be happy in every occasion of being useful to you,
and of proving to you the sentiments of esteem and attachment with which
I have the honor to be, dear Sir, your most obedient, and most humble
servant.
TO MR. VIAR.
Monticello, October 27, 1790.
Sir,--I am honored here by the receipt of your favor of the 7th instant,
covering a letter to me from the governor of East Florida, wherein he
informs me that he has received the King's orders, not to permit, under
any pretext, that persons held in slavery in the United States introduce
themselves as free, into the province of East Florida. I am happy that
this grievance, which had been a subject of great complaint from the
citizens of Georgia, is to be removed, and that we have therein a proof
as well of the general principles of justice which form the basis of his
Majesty's character and administration, as of his disposition to meet us
in the cultivation of that mutual friendship and union of interests which
would be the happiness of both countries, and is the sincere wish of ours.
I have the honor to be, with sentiments of the most perfect respect and
esteem, Sir, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Monticello, October 27, 1790.
Sir,--I had intended to set out about this time for Philadelphia, but
the desire of having Mr. Madison's company, who cannot return for some
days yet, and believing that nothing important requires my presence at
Philadelphia as yet, induce me to postpone my departure to the 8th of
the ensuing month, so that it will be about the 12th before I can have
the honor of waiting on you at Mount Vernon, to take your commands. In
the meantime, the papers enclosed will communicate to you everything
which has occurred to me since I saw you, and worthy notice. Our affair
with Algiers seems to call for some new decision; and something will be
to be done with the new Emperor of Morocco. Mr. Madison and myself have
endeavored to press on some members of the assembly the expediency of
their undertaking to build two good private dwelling houses a year, for
ten years in the new city, to be rented or sold for the benefit of the
State. Should they do this, and Maryland as much, it will be one means of
ensuring the removal of government thither. Candidates for the Senate are
said to be the Speaker, Colonel Harrison, Colonel H. Lee, and Mr. Walker;
but it is the opinion of many that Colonel Monroe will be impressed into
the service. He has agreed, it seems, with a good deal of reluctance, to
say he will serve if chosen. I have the honor to be, with sentiments of
the most perfect respect and attachment, Sir, your most obedient, and most
humble servant.
TO FREDERICK KINLOCH, ESQ.
Philadelphia, November 26, 1790.
Dear Sir,--Your favor of April 26th, 1789, did not come to my hands
till the 4th of the last month, when it found me on my way to Virginia.
It should not otherwise have been so long unanswered. I am certainly
flattered by the approbation you are so good as to express of the Notes
on Virginia. The passage relative to the English, which has excited
disagreeable sensations in your mind, is accounted for by observing that
it was written during the war, while they were committing depredations
in my own country and on my own property never practised by a civilized
nation. Perhaps their conduct and dispositions since the war have not
been as well calculated as they might have been to excite more favorable
dispositions on our part. Still, as a political man, they shall never find
any passion in me either for or against them. Whenever their avarice of
commerce will let them meet us fairly half way, I should meet them with
satisfaction, because it would be for our benefit; but I mistake their
character if they do this under present circumstances.
The rumors of war seem to pass away. Such an event might have produced to
us some advantages; but it might also have exposed us to dangers; and on
the whole I think a general peace more desirable. Be so good as to present
my respects to Mrs. Kinloch, and to be assured of the esteem and respect
with which I am, dear Sir, your most obedient, and most humble servant.
TO GOUVERNEUR MORRIS.
Philadelphia, November 26, 1790.
Dear Sir,--I have yet to acknowledge the receipt of your two favors of
April 10 and July 7. By the latter it would seem as if you had written
an intermediate one, which has never come to hand; and the letter
of July 7 itself, was not received till the 14th of October, while
I was in Virginia, from which I am but just returned. The President
is not yet returned, though expected to-morrow. The Declaration and
Counter-Declaration established with us a full expectation that peace
would be continued; perhaps this is still the most rational opinion,
though the _English_ papers continue to talk of preparations for war. That
such an event would have ensured good prices for our produce, and so far
have been advantageous, is probable; but it would have exposed us to risks
also, which are better deferred, for some years at least. It is not to be
expected that our system of finance has met your approbation in all its
parts. It has excited even here great opposition; and more especially that
part of it which transferred the State debts to the general government.
The States of Virginia and North Carolina are peculiarly dissatisfied
with this measure. I believe, however, that it is harped on by many to
mask their disaffection to the government on other grounds. Its great foe
in Virginia is an implacable one. He avows it himself, but does not avow
all his motives for it. The measures and tone of the government threaten
abortion to some of his speculations; most particularly to that of the
Yazoo territory. But it is too well nerved to be overawed by individual
opposition. It is proposed to provide additional funds, to meet the
additional debt, by a tax on spirituous liquors, foreign and home-made,
so that the whole interest will be paid by taxes on consumption. If a
sufficiency can now be raised in this way to pay the interest at present,
its increase by the increase of population (suppose five per cent. per
annum), will alone sink the principle within a few years, operating, as
it will, in the way of compound interest. Add to this what may be done
by throwing in the aid of western lands and other articles as a sinking
fund, and our prospect is really a bright one.
A pretty important expedition has been undertaken against the Indians
north of the Ohio. As yet we have no news of its success. The late
elections of members of Congress have changed about a third or fourth of
them. It is imagined the session of Congress, which is to begin within ten
days, will end on the 3d of March, with the federal year; as a continuance
over that day would oblige them to call forward the new members. The
admission of Vermont and Kentucky into Congress, will be decided on in
this session. I have the honor to be, with very great esteem, dear Sir,
your most obedient, and most humble servant.
TO COUNT DE MOUSTIER.
Philadelphia, December 3, 1790.
Dear Sir,--I am afraid I have suffered in your opinion from the delay
of acknowledging the receipt of your several letters, into which I have
been led by unavoidable circumstances. The truth is that since my arrival
in America (now exactly a twelve-month), I have been able to pass not
one-third of that time at the seat of government, one half of which was
lost by an illness, during which I was incapable of doing anything, and
the residue so engaged by accumulated business as to oblige me to suspend
my private correspondences. I beg you to be assured that yours is valued
by me too much to have been suspended under any other circumstances. I
am just now returned from Virginia to this place, where the members of
government are now assembling to begin its administration here, and I
avail myself of the first moments to recall myself to your recollection.
Fortune seems to have arranged among her destinies that I should never
continue for any time with a person whose manners and principles had
excited my warm attachment. While I resided in France, you resided in
America. While I was crossing over to America, you were crossing back
to France; when I am come to reside with our government, your residence
is transferred to Berlin. Of all this, Fortune is the mistress; but
she cannot change my affections, nor lessen the regrets I feel at their
perpetual disappointment. I am sincerely sorry at the delays which the
settlement of your constitution has experienced. I suppose they have
been rendered unavoidable by difficulties, and hope all will end well.
They have certainly prolonged the risk to which the new work was exposed
from without as well as within. I think it would be better to wind it
up as quickly as possible, to consider it as a mere experiment to be
amended hereafter, when time and trial shall show where it is imperfect.
Our second experiment is going on happily; and so far we have no reason
to wish for changes, except by adding those principles which several
of the States thought were necessary as a further security for their
liberties. All of these, as proposed by Congress, will certainly be
adopted, except the second, which is doubtful, and the first, which is
rejected. The powers of the government for the collection of taxes, are
found to be perfect, so far as they have been tried. This has been as
yet only by duties on consumption. As these fall principally on the rich,
it is a general desire to make them contribute the whole money we want,
if possible. And we have a hope that they will furnish enough for the
expenses of government and the interest of our whole public debt, foreign
and domestic. If they do this for the present, their increase, from the
increase of population and consumption, (which is at the rate of five per
centum per annum,) will sink the capital in thirteen or fourteen years,
as it will operate in the way of compound interest. Independent of this
prospect, which is itself a good one, we make the produce of our land
office, and some other articles, a sinking fund for the principal. We are
now going on with a census of our inhabitants. It will not be completed
till the next summer; but such progress is already made as to show our
numbers will very considerably exceed the former estimates. I shall be
happy to hear of your health and welfare everywhere, and that you will
continue persuaded of the sentiments of respect and esteem with which
I have the honor to be dear Sir, your most obedient, and most humble
servant.
TO MR. NOAH WEBSTER, AT HARTFORD.
Philadelphia, December 4, 1790.
Sir,--Your favor of October 4 came to my hands on the 20th of November.
Application was made a day or two after to Mr. Dobson for the copies of
your Essays, which were received, and one of them lodged in the office.
For that intended for myself, be pleased to accept my thanks. I return you
the order on Mr. Allen, that on Dobson having been made use of instead of
it. I submit to your consideration whether it might not be advisable to
record a second time your right to the Grammatical Institutes, in order to
bring the lodging of the copy in my office within the six months, made a
condition in the law? I have not at this moment an opportunity of turning
to the law to see if that may be done; but I suppose it possible that the
failure to fulfil the legal condition on the first record might excite
objections against the validity of that.
In mentioning me in your Essays, and canvassing my opinions, you have
done what every man has a right to do, and it is for the good of society
that that right should be freely exercised. No republic has more zeal
than that of letters, and I am the last in principles, as I am the least
in pretensions, to any dictatorship in it. Had I other dispositions, the
philosophical and dispassionate spirit with which you have expressed
your own opinions in opposition to mine, would still have commanded
my approbation. A desire of being set right in your opinion, which I
respect too much not to entertain that desire, induces me to hazard to
you the following observations. It had become an universal and almost
uncontroverted position in the several States, that the purposes of
society do not require a surrender of all our rights to our ordinary
governors; that there are certain portions of right not necessary to
enable them to carry on an effective government, and which experience has
nevertheless proved they will be constantly encroaching on, if submitted
to them; that there are also certain fences which experience has proved
peculiarly efficacious against wrong, and rarely obstructive of right,
which yet the governing powers have ever shown a disposition to weaken
and remove. Of the first kind, for instance, is freedom of religion; of
the second, trial by jury, habeas corpus laws, free presses. These were
the settled opinions of all the States,--of that of Virginia, of which I
was writing, as well as of the others. The others had, in consequence,
delineated these unceded portions of right, and these fences against
wrong, which they meant to exempt from the power of their governors,
in instruments called declarations of rights and constitutions; and
as they did this by conventions, which they appointed for the express
purpose of reserving these rights, and of delegating others to their
ordinary legislative, executive and judiciary bodies, none of the
reserved rights can be touched without resorting to the people to appoint
another convention for the express purpose of permitting it. Where the
constitutions then have been so formed by conventions named for this
express purpose, they are fixed and unalterable but by a convention or
other body to be specially authorized; and they have been so formed by, I
believe, all the States, except Virginia. That State concurs in all these
opinions, but has run into the wonderful error that her constitution,
though made by the ordinary legislature, cannot yet be altered by the
ordinary legislature. I had, therefore, no occasion to prove to them
the expediency of a constitution alterable only by a special convention.
Accordingly, I have not in my notes advocated that opinion, though it was
and is mine, as it was and is theirs. I take that position as admitted
by them, and only proceed to adduce arguments to prove that they were
mistaken in supposing their constitution could not be altered by the
common legislature. Among other arguments I urge that the convention which
formed the constitution had been chosen merely for ordinary legislation;
that they had no higher power than every subsequent legislature was
to have; that all their acts are consequently repealable by subsequent
legislatures; that their own practice at a subsequent session proved they
were of this opinion themselves; that the opinion and practice of several
subsequent legislatures had been the same, and so conclude "that their
constitution is alterable by the common legislature." Yet these arguments
urged to prove that their constitution _is_ alterable, you cite as if
urged to prove that it _ought not to be_ alterable, and you combat them
on that ground. An argument which is good to prove one thing, may become
ridiculous when exhibited as intended to prove another thing. I will
beg the favor of you to look over again the passage in my notes, and am
persuaded you will be sensible that you have misapprehended the object of
my arguments, and therefore have combated them on a ground for which they
were not intended. My only object in this is the rectification of your own
opinion of me, which I repeat that I respect too much to neglect. I have
certainly no view of entering into the contest, whether it be expedient
to delegate unlimited powers to our ordinary governors? my opinion is
against that expediency; but my occupations do not permit me to undertake
to vindicate all my opinions, nor have they importance enough to merit it.
It cannot, however, but weaken my confidence in them, when I find them
opposed to yours, there being no one who respects the latter more than,
Sir, your most obedient, and most humble servant.
TO GOUVERNEUR MORRIS.
Philadelphia, December 17, 1790.
Since mine to you of August the 12th, yours of July the 3d, August the
16th, and September the 18th, have come to hand. They suffice to remove
all doubts which might have been entertained as to the real intentions of
the British cabinet, on the several matters confided to you. The view of
government in troubling you with this business was, either to remove from
between the two nations all causes of difference, by a fair and friendly
adjustment, if such was the intention of the other party, or to place it
beyond a doubt that such was not their intention. In result, it is clear
enough that further applications would tend to delay, rather than advance
our object. It is therefore the pleasure of the President, that no orders
be made; and that in whatever state this letter may find the business, in
that state it be left. I have it in charge, at the same time, to assure
you that your conduct in these communications with the British ministers,
has met the President's entire approbation, and to convey to you his
acknowledgments for your services.
As an attendance on this business must, at times, have interfered with
your private pursuits, and subjected you also to additional expenses, I
have the honor to enclose you a draft on our bankers in Holland, for a
thousand dollars, as an indemnification for those sacrifices.
My letter of August the 12th, desired a certain other communication to be
made to the same court, if a war should have actually commenced. If the
event has not already called for it, it is considered as inexpedient to
be made at all.
You will of course have the goodness to inform us of whatever may have
passed further, since the date of your last.
In conveying to you this testimony of approbation from the President of
the United States, I am happy in an occasion of repeating assurances of
the sentiments of perfect esteem and respect with which I have the honor
to be, dear Sir, your most obedient, and most humble servant.
TO JOSHUA JOHNSON.
Philadelphia, December 17, 1790.
Sir,--Though not yet informed of the receipt of my letter, covering your
commission as consul for the United States, in the port of London, yet
knowing that the ship has arrived by which it went, I take for granted
the letter and commission have gone safe to hand, and that you have been
called into the frequent exercise of your office for the relief of our
seamen, upon whom such multiplied acts of violence have been committed in
England, by press-gangs, pretending to take them for British subjects, not
only without evidence, but against evidence. By what means may be procured
for our seamen, while in British ports, that security for their persons
which the laws of hospitality require, and which the British nation will
surely not refuse, remains to be settled. In the meantime, there is one
of these cases, wherein so wilful and so flagrant a violation has been
committed by a British officer, on the person of one of our citizens,
as requires that it be laid before his government, in friendly and firm
reliance of satisfaction for the injury, and of assurance for the future,
that the citizens of the United States, entering the ports of Great
Britain, in pursuit of a lawful commerce, shall be protected by the laws
of hospitality in usage among nations.
It is represented to the President of the United States, that Hugh Purdie,
a native of Williamsburg, in Virginia, was, in the month of July last,
seized in London by a party of men, calling themselves press-officers,
and pretending authority from their government so to do, notwithstanding
his declarations and the evidence he offered of his being a native citizen
of the United States; and that he was transferred on board the Crescent,
a British ship of war, commanded by a Captain Young. Passing over the
intermediate violences exercised on him, because not peculiar to his case
(so many other American citizens having suffered the same), I proceed
to the particular one which distinguishes the present representation.
Satisfactory evidence having been produced by Mr. John Brown Cutting, a
citizen of the United States, to the Lords of the Admiralty, that Hugh
Purdie was a native citizen of the same States, they, in their justice,
issued orders to the Lord Howe, their Admiral, for his discharge. In the
meantime, the Lord Howe had sailed with the fleet of which the Crescent
was. But, on the 27th of August, he wrote to the board of admiralty, that
he had received their orders for the discharge of Hugh Purdie, and had
directed it accordingly. Notwithstanding these orders, the receipt of
which at sea Captain Young acknowledges, notwithstanding Captain Young's
confessed knowledge, that Hugh Purdie was a citizen of the United States,
from whence it resulted that his being carried on board the Crescent
and so long detained there, had been an act of wrong, which called
for expiatory conduct and attentions, rather than new injuries on his
part towards the sufferer, instead of discharging him according to the
orders he had received, on his arrival in port, which was on the 14th
of September, he, on the 15th, confined him in irons for several hours,
then had him bound and scourged in presence of the ship's crew, under a
threat to the executioner that if he did not do his duty well, he should
take the place of the sufferer. At length he discharged him on the 17th,
without the means of subsistence for a single day. To establish these
facts, I enclose you copies of papers communicated to me by Mr. Cutting,
who laid the case of Purdie before the board of admiralty, and who can
corroborate them by his personal evidence. He can especially verify the
letter of Captain Young, were it necessary to verify a paper, the original
of which is under the command of his Majesty's ministers, and this paper
is so material, as to supersede of itself all other testimony, confessing
the orders to discharge Purdie, that yet he had whipped him, and that
it was impossible, without giving up all sense of discipline, to avoid
whipping a free American citizen. We have such confidence in the justice
of the British government, in their friendly regard to these States, in
their respect for the honor and good understanding of the two countries,
compromitted by this act of their officer, as not to doubt their due
notice of _him_, indemnification to the sufferer, and a friendly assurance
to these States that effectual measures shall be adopted in future, to
protect the persons of their citizens while in British ports.
By the express command of the President of the United States, you are
to lay this case, and our sense of it, before his Britannic Majesty's
minister for Foreign Affairs, to urge it on his particular notice by all
the motives which it calls up, and to communicate to me the result.
I have the honor to be, with great esteem, your most obedient humble
servant.
TO JOSHUA JOHNSON.
Philadelphia, December 23, 1790.
Dear Sir,--The vexations of our seamen and their sufferings under
the press-gangs of England, have become so serious, as to oblige
our government to take serious notice of it. The particular case has
been selected where the insult to the United States has been the most
barefaced, the most deliberately intentional, and the proof the most
complete. The enclosed letter to you is on that subject, and has been
written on the supposition that you would show the original to the Duke
of Leeds, and give him a copy of it, but as of your own movement, and
not as if officially instructed so to do. You will be pleased to follow
up this matter as closely as decency will permit, pressing it in firm
but respectful terms, on all occasions. We think it essential that
Captain Young's case may be an example to others. The enclosed letters
are important. Be so good as to have them conveyed by the surest means
possible.
I am, with great esteem, dear Sir, your most obedient, and most humble
servant.
TO A. HAMILTON.
December 29, 1790.
Thomas Jefferson presents his respectful compliments to the Secretary of
the Treasury, and his condolences on the accident of the other evening,
which he hopes has produced no serious loss.
He encloses to the Secretary of the Treasury a report of a committee of
the National Assembly of France, on the subject of Billon, containing more
particular information as to that species of coin than he had before met
with. If the metal be so mixed as to make it of 1-5 of the intrinsic value
of the standard silver coin of the United States, the cent of billon will
be a little smaller than the present 16ths of dollars, and consequently be
more convenient than a copper cent. This he submits to the better judgment
of the Secretary of the Treasury, and hopes he will consider the liberty
taken as an advance towards unreserved communications for reciprocal
benefit.
TO MR. SHORT.
Philadelphia, January 23, 1791.
Sir,--The 3d and subsequent amendments to the constitution have
been agreed to by New Hampshire, Rhode Island, New York, New Jersey,
Pennsylvania, Delaware, Maryland, North Carolina, and South Carolina. The
first by New Hampshire, Rhode Island, New York, New Jersey, Maryland,
North and South Carolina, and the second by only New Jersey, Delaware,
Maryland, and the two Carolinas. The other States, viz. Massachusetts,
Connecticut, Virginia and Georgia, have not decided on them. Vermont
has acceded to the new Constitution of the United States, and is coming
forward to ask admission into Congress. Kentucky has asked the same,
and a bill for the purpose has passed the Senate, and is now before the
Representatives, where it will meet with no difficulty. But they have only
asked admission for the year 1792.
The census had made considerable progress, but will not be completed till
midsummer. It is judged at present that our numbers will be between four
and five millions. Virginia it is supposed will be between 7 and 800,000.
You will perceive by the papers that the object of our Indian expedition
has been so imperfectly obtained, as to call for another the ensuing
year. By the present conveyance you will probably receive a proclamation,
locating the federal territory so as to comprehend Georgetown. It will
appear within a day or two. We must still pursue the redemption of our
captives through the same channel, till some better means can be devised.
The money, however, which is in Mr. Grand's hands, will be the subject
of a letter to you from the Secretary of the Treasury, as soon as he can
have an act of Congress authorizing the application of it to the debt of
the foreign officers.
The most important matters now before Congress are propositions to
establish a bank, to establish a land office and excise. The latter
measure, though severely modified, is very unpopular in the middle and
southern States.
Fenno's and Davies' papers will accompany this. These contain all the laws
of the last session, and therefore it is thought better to defer sending
them to you in a body, till a third edition appears, which is proposed to
be printed, as this will be more conveniently conveyed as well as handled.
I am, with great and sincere esteem, dear Sir, your most obedient, and
most humble servant.
TO COLONEL MASON.
Philadelphia, February 4, 1791.
Dear Sir,--I am to make you my acknowledgments for your favor of January
10th, and the information from France which it contained. It confirmed
what I had heard more loosely before, and accounts still more recent are
to the same effect. I look with great anxiety for the firm establishment
of the new government in France, being perfectly convinced that if it
takes place there, it will spread sooner or later all over Europe. On
the contrary, a check there would retard the revival of liberty in other
countries. I consider the establishment and success of their government
as necessary to stay up our own, and to prevent it from falling back to
that kind of a half-way house, the English constitution. It cannot be
denied that we have among us a sect who believe that to contain whatever
is perfect in human institutions; that the members of this sect have,
many of them, names and offices which stand high in the estimation of our
countrymen. I still rely that the great mass of our community is untainted
with these heresies, as is its head. On this I build my hope that we have
not labored in vain, and that our experiment will still prove that men
can be governed by reason. You have excited my curiosity in saying "there
is a particular circumstance, little attended to, which is continually
sapping the republicanism of the United States." What is it? What is said
in our country of the fiscal arrangements now going on? I really fear
their effect when I consider the present temper of the southern States.
Whether these measures be right or wrong abstractedly, more attention
should be paid to the general opinion. However, all will pass--the excise
will pass--the bank will pass. The only corrective of what is corrupt in
our present form of government will be the augmentation of the numbers in
the lower House, so as to get a more agricultural representation, which
may put that interest above that of the stock-jobbers.
I had no occasion to sound Mr. Madison on your fears expressed in your
letter. I knew before, as possessing his sentiments fully on that subject,
that his value for you was undiminished. I have always heard him say that
though you and he appeared to differ in your systems, yet you were in
truth nearer together than most persons who were classed under the same
appellation. You may quiet yourself in the assurance of possessing his
complete esteem. I have been endeavoring to obtain some little distinction
for our useful customers, the French. But there is a particular interest
opposed to it, which I fear will prove too strong. We shall soon see.
I will send you a copy of a report I have given in, as soon as it is
printed. I know there is one part of it contrary to your sentiments; yet
I am not sure you will not become sensible that a change should be slowly
preparing. Certainly, whenever I pass your road, I shall do myself the
pleasure of turning into it. Our last year's experiment, however, is much
in favor of that by Newgate.
I am, with great respect and esteem, dear Sir, your friend and servant.
TO CHARLES HELLSTEDT, SWEDISH CONSUL.
Philadelphia, February 14, 1791.
Sir,--I now return you the papers you were pleased to put into my hands,
when you expressed to me your dissatisfaction that our court of admiralty
had taken cognizance of a complaint of some Swedish sailors against
their captain for cruelty. If there was error in this proceeding, the law
allows an appeal from that to the Supreme Court; but the appeal must be
made in the forms of the law, which have nothing difficult in them. You
were certainly free to conduct the appeal yourself, without employing an
advocate, but then you must do it in the usual form. Courts of justice,
all over the world, are held by the laws to proceed according to certain
forms, which the good of the suitors themselves requires they should not
be permitted to depart from.
I have further to observe to you, Sir, that this question lies altogether
with the courts of justice; that the constitution of the United States
having divided the powers of government into three branches, legislative,
executive, and judiciary, and deposited each with a separate body of
magistracy, forbidding either to interfere in the department of the other,
the executive are not at liberty to intermeddle in the present question.
It must be ultimately decided by the Supreme Court. If you think proper to
carry it into that, you may be secure of the strictest justice from them.
Partialities they are not at liberty to show. But, for whatever may come
before the executive, relative to your nation, I can assure you of every
favor which may depend on their dispositions to cultivate harmony and a
good understanding with it.
I have the honor to be, with great esteem, Sir, your most obedient, and
most humble servant.
TO MR. HAZARD.
Philadelphia, February 18, 1791.
Sir,--I return you the two volumes of records, with thanks for the
opportunity of looking into them. They are curious monuments of the
infancy of our country. I learn with great satisfaction that you are about
committing to the press the valuable historical and State papers you have
been so long collecting. Time and accident are committing daily havoc on
the originals deposited in our public offices. The late war has done the
work of centuries in this business. The last cannot be recovered, but
let us save what remains; not by vaults and locks which fence them from
the public eye and use in consigning them to the waste of time, but by
such a multiplication of copies, as shall place them beyond the reach of
accident. This being the tendency of your undertaking, be assured there is
no one who wishes it more success than, Sir, your most obedient and most
humble servant.
TO ----.[3]
Philadelphia, February 19, 1791.
Dear Sir,--I feel both the wish and the duty to communicate, in compliance
with your request, whatever, within my knowledge, might render justice
to the memory of our great countrymen, Dr. Franklin, in which Philosophy
has to deplore one of its principal luminaries extinguished. But my
opportunities of knowing the interesting facts of his life, have not been
equal to my desire of making them known. I could indeed relate a number
of those bon mots, with which he used to charm every society, as having
heard many of them. But these are not your object. Particulars of greater
dignity happened not to occur during his stay of nine months, after my
arrival in France.
A little before that, Argand had invented his celebrated lamp, in which
the flame is spread into a hollow cylinder, and thus brought into contact
with the air within as well as without. Doctor Franklin had been on the
point of the same discovery. The idea had occurred to him; but he had
tried a bull-rush as a wick, which did not succeed. His occupations did
not permit him to repeat and extend his trials to the introduction of a
larger column of air than could pass through the stem of a bull-rush.
The animal magnetism too of the maniac Mesmer, had just received its
death wound from his hand in conjunction with his brethren of the learned
committee appointed to unveil that compound of fraud and folly. But after
this, nothing very interesting was before the public, either in philosophy
or politics, during his stay; and he was principally occupied in winding
up his affairs there.
I can only therefore testify in general, that there appeared to me more
respect and veneration attached to the character of Doctor Franklin in
France, than to that of any other person in the same country, foreign
or native. I had opportunities of knowing particularly how far these
sentiments were felt by the foreign ambassadors and ministers at the court
of Versailles. The fable of his capture by the Algerines, propagated by
the English newspapers, excited no uneasiness; as it was seen at once
to be a dish cooked up to the palate of their readers. But nothing could
exceed the anxiety of his diplomatic brethren, on a subsequent report of
his death, which, though premature, bore some marks of authenticity.
I found the ministers of France equally impressed with the talents and
integrity of Dr. Franklin. The Count de Vergennes particularly gave me
repeated and unequivocal demonstrations of his entire confidence in him.
When he left Passy, it seemed as if the village had lost its patriarch. On
taking leave of the court, which he did by letter, the King ordered him to
be handsomely complimented, and furnished him with a litter and mules of
his own, the only kind of conveyance the state of his health could bear.
No greater proof of his estimation in France can be given than the late
letters of condolence on his death, from the National Assembly of that
country, and the community of Paris, to the President of the United
States and to Congress, and their public mourning on that event. It is,
I believe, the first instance of that homage having been paid by a public
body of one nation to a private citizen of another.
His death was an affliction which was to happen to us at some time or
other. We have reason to be thankful he was so long spared; that the most
useful life should be the longest also; that it was protracted so far
beyond the ordinary span allotted to man, as to avail us of his wisdom in
the establishment of our own freedom, and to bless him with a view of its
dawn in the east, where they seemed, till now, to have learned everything,
but how to be free.
The succession to Dr. Franklin, at the court of France, was an excellent
school of humility. On being presented to any one as the minister of
America, the commonplace question used in such cases was "_c'est vous,
Monsieur, qui remplace le Docteur Franklin?_" "it is you, Sir, who replace
Doctor Franklin?" I generally answered, "no one can replace him, Sir: I
am only his successor."
These small offerings to the memory of our great and dear friend, whom
time will be making greater while it is spunging us from its records, must
be accepted by you, Sir, in that spirit of love and veneration for him,
in which they are made; and not according to their insignificance in the
eyes of a world, who did not want this mite to fill up the measure of his
worth.
I pray you to accept, in addition, assurances of the sincere esteem and
respect with which I have the honor to be, Sir, your most obedient, and
most humble servant.
FOOTNOTE:
[3] [Address illegible.]
TO HIS EXCELLENCY GOVERNOR HANCOCK.
Philadelphia, February 20, 1791.
Sir,--With many thanks for the papers and information you were pleased
to have procured for me on the important subject of the fisheries, I do
myself the honor of now enclosing you a copy of my report to the House of
Representatives. From the disposition I see prevailing in the principal
mass of the Southern members to take measures which may secure to us the
principal markets for the produce of the fisheries, and for rescuing our
carrying trade from a nation not disposed to make just returns for it,
I am in hopes something effectual will be done this session, if these
principles are solidly supported by the members from your part of the
Union, of which I trust there is no cause to doubt. Should nothing be
done, I cannot say what consequences will follow, nor calculate their
extent. May I take the liberty of presenting through you, Sir, another
copy of the report to the committee who were pleased to lend their
assistance in the collection of materials; to show them that I have not
failed to present their testimony in that view which might tend to procure
a proper interference in this interesting branch of business.
I have the honor to be, with sentiments of the most perfect respect and
attachment, your Excellency's most obedient, and most humble servant.
TO M. DE PINTO.
Philadelphia, February 21, 1791.
Sir,--I have duly received the letter of November the 30th, which your
Excellency did me the honor to write, informing me that her most faithful
Majesty had appointed Mr. Freire her minister resident with us, and
stating the difficulty of meeting us in the exchange of a chargé des
affaires, the grade proposed on our part. It is foreseen, that a departure
from our system in this instance, will materially affect our arrangements
with other nations; but the President of the United States has resolved
to give her Majesty this proof of his desire to concur in whatever may
best tend to promote that harmony and perfect friendship so interesting
to both countries. He has, therefore, appointed Colonel Humphreys to be
minister resident for the United States, at the court of her Majesty.
This gentleman has long been of the President's own family, and enjoys
his particular confidence. I make no doubt he will so conduct himself as
to give perfect satisfaction to her Majesty and yourself, and I therefore
recommend him to your friendly attention and respect. Mr. Freire will
have every title to the same from us, and will assuredly receive it. It
is always with pleasure, that I repeat the homage of those sentiments of
respect and esteem with which I have the honor to be, your Excellency's
most obedient, and most humble servant.
TO MR. PHILIP FRENEAU.
Philadelphia, February 28, 1791.
Sir,--The clerkship for foreign languages in my office is vacant. The
salary, indeed, is very low, being but two hundred and fifty dollars a
year; but also, it gives so little to do, as not to interfere with any
other calling the person may choose, which would not absent him from the
seat of government. I was told a few days ago, that it might perhaps be
convenient to you to accept it. If so, it is at your service. It requires
no other qualification than a moderate knowledge of the French. Should
anything better turn up within my department that might suit you, I should
be very happy to be able to bestow it so well. Should you conclude to
accept the present, you may consider it as engaged to you, only be so good
as to drop me a line informing me of your resolution. I am, with great
esteem, Sir, your very humble servant.
TO THE COUNT DE MOUSTIER.
Philadelphia, March 2, 1791.
Sir,--I have received your favor of November 6th, wherein you inform me
that the King has thought proper, by a new mission to the court of Berlin,
to put an end to your functions as his minister plenipotentiary with the
United States. The President, in a letter to the King, has expressed his
sense of your merit, and his entire approbation of your conduct while
here, and has charged me to convey to yourself the same sentiments on his
part.
Had you returned to your station with us, you would have received new
and continued marks of the esteem inspired by the general worth of your
character, as well by the particular dispositions you manifested towards
this country.
Amidst the regrets excited by so early a loss of you, it will be a
consolation, if your new situation shall contribute to advance your own
happiness.
As a testimony of these sentiments, we ask your acceptance of a medal and
chain of gold, with which Mr. Short is instructed to present you on the
part of the United States.
To this general tribute, permit me to add my own, with sincere wishes for
your constant happiness, and assurances of the respect and esteem with
which I have the honor to be, Sir, your most obedient, and most humble
servant.
TO MR. INNES.
Philadelphia, March 7, 1791.
Dear Sir,--Your favor of July 8, came to my hands November 30. The
infrequency of conveyances, is an apology for this late answer. I receive
with pleasure this recognition and renewal of your former acquaintance,
and shall be happy to continue it by an exchange of epistolary
communications. Yours to me will be always welcome. Your first gives
me information in the line of Natural History, and the second (not yet
received) promises political news. The first is my passion, the last my
duty, and therefore both desirable. I believe entirely with you, that
the remains of fortifications found in the Western country, have been
the works of the natives. Nothing I have ever yet heard of, proved the
existence of a nation here who knew the use of iron. I have never heard
even of _burnt_ bricks, though they might be made without iron. The statue
you have been so kind as to send me, and for which I beg you to accept my
thanks, would, because of the hardness of the stone, be a better proof of
the use of iron, than I ever yet saw; but as it is a solitary fact, and
possible to have been made with implements of stone, and great patience,
for which the Indians are remarkable, I consider it to have been so
made. It is certainly the best piece of workmanship I ever saw from their
hands. If the artist did not intend it, he has very happily hit on the
representation of a woman in the first moments of parturition.
Mr. Brown, the bearer of this, will give you the Congressional news,
some good, some so so, like everything else in this world. Our endeavors
the last year to punish your enemies have had an unfortunate issue. The
federal council has yet to learn by experience, which experience has long
ago taught us in Virginia, that rank and file fighting will not do against
Indians. I hope this year's experiment will be made in a more auspicious
form. Will it not be possible for you to bring General Clark forward? I
know the greatness of his mind, and am the more mortified at the cause
which obscures it. Had not this unhappily taken place, there was nothing
he might not have hoped: could it be surmounted, his lost ground might
yet be recovered. No man alive rated him higher than I did, and would
again, were he to become again what I knew him. We are made to hope he
is engaged in writing the account of his expeditions north of Ohio. They
will be valuable morsels of history, and will justify to the world those
who have told them how great he was.
Mr. Brown will tell you also that we are not inattentive to the interests
of your navigation. Nothing short of actual rupture is omitted. What its
effect will be, we cannot yet foretell; but we should not stop even here,
were a favorable conjuncture to arise. The move we have now made must
bring the matter to issue. I can assure you of the most determined zeal
of our chief magistrate in this business, and I trust mine will not be
doubted so far as it can be of any avail. The nail will be driven as far
as it will go peaceably, and farther the moment that circumstances become
favorable. I am, with great esteem, dear Sir, your friend and servant.
TO THE PRESIDENT OF THE NATIONAL ASSEMBLY OF FRANCE.
Philadelphia, March 8, 1791.
Sir,--I have it in charge from the President of the United States of
America, to communicate to the National Assembly of France, the peculiar
sensibility of Congress to the tribute paid to the memory of Benjamin
Franklin, by the enlightened and free representatives of a great nation,
in their decree of the 11th of June, 1790.
That the loss of such a citizen should be lamented by us, among whom he
lived, whom he so long and eminently served, and who feel their country
advanced and honored by his birth, life and labors, was to be expected.
But it remained for the National Assembly of France, to set the first
example of the representative of one nation, doing homage, by a public
act, to the private citizen of another, and by withdrawing arbitrary
lines of separation, to reduce into our fraternity the good and the great,
wherever they have lived or died.
That these separations may disappear between us in all times and
circumstances, and that the union of sentiment which mingles our sorrows
on this occasion, may continue long to cement the friendship and the
interests of our two nations, is our constant prayer. With no one is
it more sincere than with him, who, in being charged with the honor of
conveying a public sentiment, is permitted that of expressing the homage
of profound respect and veneration with which he is, Sir, your most
obedient, and most humble servant.
TO GOVERNOR QUESADA.
Philadelphia, March 10, 1791.
Sir,--We have received with great satisfaction, notification of the
orders of his Catholic Majesty, not to permit that persons, held in
slavery within the United States, introduce themselves as free persons
into the Province of Florida. The known justice of his Majesty and his
Government, was a certain dependence to us, that such would be his
will. The assurances your Excellency has been pleased to give us of
your friendly dispositions, leave us no doubt you will have faithfully
executed a regulation so essential to harmony and good neighborhood. As
a consequence of the same principles of justice and friendship, we trust
that your Excellency will permit, and aid the recovery of persons of the
same description, who have heretofore taken refuge within your Government.
The bearer hereof is authorized to wait on your Excellency to confer on
this subject, and to concur in such arrangements as you shall approve for
the recovery of such fugitives.
I beg you to be assured that no occasion shall be neglected of proving our
dispositions to reciprocate these principles of justice and friendship,
with the subjects of his Catholic Majesty, and that you will be pleased
to accept the homage of those sentiments of respect and esteem, with which
I have the honor to be, Sir, your most obedient, and most humble servant.
TO THE SECRETARY OF THE TREASURY.
Philadelphia, March 12, 1791.
Dear Sir,--The President has thought proper to appoint Colonel David
Humphreys, minister resident for the United States at the court of Lisbon,
with a salary of four thousand five hundred dollars a year, and an outfit
equal to a year's salary. Besides this, by a standing regulation, he will
be allowed his disbursements for gazettes transmitted here, translating
and printing paper, where that shall be necessary, postage, couriers, and
necessary aids to _poor_ American sailors. An opportunity occurring, by a
vessel sailing for Lisbon within a few days, to send him his commission,
I shall be obliged to you to enable me to convey to him at the same time
the means of receiving his outfit in the first instance, and his salary
and disbursements above described, in quarterly payments afterwards.
An act of Congress having authorized the President to take measures for
procuring a recognition of our treaty from the new Emperor of Morocco,
arrangements for that purpose have been decided. The act allows twenty
thousand dollars for this object, but not more than thirteen thousand
dollars will be called for in the first instance, if at all, and these,
or the means of drawing for them, not till six weeks hence. I thought it
proper, however, to apprise you of the call at the earliest day possible,
and while the President is here, and to ask your attention to it. I have
the honor to be, with sentiments of the most perfect respect and esteem,
dear Sir, your most obedient, and most humble servant.
TO MAJOR L'ENFANT.
March --, 1791.
Sir,--You are desired to proceed to Georgetown, where you will find Mr.
Ellicott employed in making a survey and map of the Federal territory. The
special object of asking your aid is to have drawings of the particular
grounds most likely to be approved for the site of the federal town and
buildings. You will therefore be pleased to begin on the eastern branch,
and proceed from thence upwards, laying down the hills, valleys, morasses,
and waters between that, the Potomac, the Tyber, and the road leading from
Georgetown to the eastern branch, and connecting the whole with certain
fixed points of the map Mr. Ellicott is preparing. Some idea of the height
of the hills above the base on which they stand, would be desirable. For
necessary assistance and expenses, be pleased to apply to the Mayor of
Georgetown, who is written to on this subject. I will beg the favor of
you to mark to me your progress about twice a week, by letter, say every
Wednesday and Saturday evening, that I may be able in proper time to draw
your attention to some other objects, which I have not at this moment
sufficient information to define. I am, with great esteem, Sir, your most
obedient humble servant.
TO WILLIAM CARMICHAEL.
Philadelphia, March 12, 1791.
Sir,--I enclose, you a statement of the case of Joseph St. Marie, a
citizen of the United States of America, whose clerk, Mr. Swimmer, was,
in the latter part of the year 1787, seized on the eastern side of the
Mississippi, in latitude 34° 40', together with his goods, of the value of
nineteen hundred and eighty dollars, by a party of Spanish soldiers. They
justified themselves under the order of a Mr. Valliere, their officer,
who avowed authority from the Governor of New Orleans, requiring him to
seize and confiscate all property _found on either side of the Mississippi
below the mouth of the Ohio_. The matter being then carried by St. Marie
before the Governor of New Orleans, instead of correcting the injury,
he avowed the act and its principle, and pretended orders from his court
for this and more. We have so much confidence, however, in the moderation
and friendship of the court of Madrid, that we are more ready to ascribe
this outrage to officers acting at a distance, than to orders from a
just sovereign. We have hitherto considered the delivery of the post of
the Natchez, on the part of Spain, as only awaiting the result of those
arrangements which have been under amicable discussion between us; but the
remaining in possession of a post which is so near our limit of thirty-one
degrees, as to admit some color of doubt whether it be on our side or
theirs, is one thing; while it is a very different one, to launch two
hundred and fifty miles further, and seize the persons and property of our
citizens; and that too, in the very moment that a friendly accommodation
of all differences, is under discussion. Our respect for their candor and
good faith does not permit us to doubt, that proper notice will be taken
of the presumption of their officer, who has thus put to hazard the peace
of both nations, and we particularly expect that indemnification will be
made to the individual injured. On this you are desired to insist in the
most friendly terms, but with that earnestness and perseverance which the
complexion of this wrong requires. The papers enclosed will explain the
reasons of the delay which has intervened. It is but lately they have been
put into the hands of our government.
We cannot omit this occasion of urging on the court of Madrid, the
necessity of hastening a final acknowledgment of our right to navigate
the Mississippi; a right which has been long suspended in exercise, with
extreme inconvenience on our part, merely with a desire of reconciling
Spain to what it is impossible for us to relinquish. An accident at
this day, like that now complained of, would put further parley beyond
our power; yet to such accidents we are every day exposed by the
irregularities of their officers, and the impatience of our citizens.
Should any spark kindle these dispositions of our borderers into a flame,
we are involved beyond recall by the eternal principles of justice to
our citizens, which we will never abandon. In such an event, Spain cannot
possibly gain, and what may she not lose?
The boldness of this act of the Governor of New Orleans, and of his avowal
of it, renders it essential to us to understand the court of Spain on this
subject. You will, therefore, avail yourself of the earliest occasion of
obtaining their sentiments, and of communicating them to us.
I have the honor to be, with great esteem, Sir, your most obedient, and
most humble servant.
TO WILLIAM SHORT.
Philadelphia, March 12, 1791.
Dear Sir,--The enclosed papers will explain to you a case which imminently
endangers the peace of the United States with Spain. It is not, indeed,
of recent date, but it has been recently laid before government, and
is of so bold a feature as to render dangerous to our rights a further
acquiescence in their suspension. The middle ground held by France between
us and Spain, both in friendship and interest, requires that we should
communicate with her with the fullest confidence on this occasion. I
therefore enclose you a copy of my letter to Mr. Carmichael, and of the
papers it refers to, to be communicated to Monsieur de Montmorin, whose
efficacious interference with the court of Madrid you are desired to ask.
We rely with great confidence on his friendship, justice and influence.
A cession of the navigation of the Mississippi, with such privileges
as to make it useful, and free from future chicane, can be no longer
dispensed with on our part; and perhaps while I am writing, something may
have already happened to cut off this appeal to friendly accommodation.
To what consequences such an event would lead, cannot be calculated. To
such, very possibly, as we should lament, without being able to control.
Your earnestness with Monsieur de Montmorin, and with the court of
Spain, cannot be more pressing than the present situation and temper of
this country requires. The case of St. Marie happens to be the incident
presenting itself in the moment, when the general question must otherwise
have been brought forward. We rely, on this occasion, on the good offices
of the Marquis de La Fayette, whom you are desired to interest in it.
I am, with sincere and great esteem, dear Sir, your most obedient, and
most humble servant.
TO COLONEL INNES.
Philadelphia, March 13, 1791.
Dear Sir,--
* * * * *
What is said with you of the most prominent proceedings of the last
Congress? The disapprobation of the assumption with you leads us naturally
to attend to your reception of laws for carrying it into effect, which
have been thought to present themselves in an unfavorable view. What
will be thought of measures taken to force Great Britain by a navigation
act, to come forward in fair treaty, and let us substantially into her
islands, as a price for the advantages of navigation and commerce which
she now derives from us? This is interesting to our agriculture, provided
the means adopted be sufficiently gradual. I wish you would come forward
to the federal legislature and give your assistance on a larger scale
than that on which you are acting at present. I am satisfied you could
render essential service; and I have such confidence in the purity
of your republicanism, that I know your efforts would go in a right
direction. Zeal and talents added to the republican scale will do no
harm in Congress. It is fortunate that our first executive magistrate is
purely and zealously republican. We cannot expect all his successors to
be so, and therefore should avail ourselves the present day to establish
principles and examples which may fence us against future heresies
preached now, to be practised hereafter. I repeat my wish that I could see
you come into the federal councils; no man living joining more confidence
in your principles and talents to higher personal esteem than, dear Sir,
your most obedient humble servant.
TO WILLIAM SHORT.
Philadelphia, March 15, 1791.
Dear Sir,--In mine of January the 23d, I acknowledged the receipt of your
letters from No. 29 to 48 inclusive, except 31, 44, 45, 46. Since that I
have received Nos. 45 and 50; the former in three months and seven days,
the latter in two months and seventeen days, by the English packet, which
had an uncommonly long passage. Nos. 31, 44, 46, 47, 48, 49, are still
missing. They have probably come through merchant vessels and merchants,
who will let them lie on their counters two or three months before they
will forward them. I wrote you on the 8th and 12th instant, by a private
hand, on particular subjects. I am not certain whether this will be in
time to go by the same conveyance. In yours of December 23d, you suppose
we receive regularly the journals of the National Assembly from your
secretary at Paris, but we have never received anything from him. Nothing
has been addressed to him, his name being unknown to us.
It gives great satisfaction that the _Arret du Conseil_ of December,
1787, stands a chance of being saved. It is, in truth, the sheet-anchor
of our connection with France, which will be much loosened when that
is lost. This _Arret_ saved, a free importation of salted meats into
France, and of provisions of all kinds into her colonies, will bind our
interests to that country more than to all the world besides. It has
been proposed in Congress to pass a navigation act, which will deeply
strike at that of Great Britain. I send you a copy of it. It is probable
the same proposition will be made at the next Congress, as a first step,
and for one more extensive at a later period. It is thought the first
will be carried; the latter will be more doubtful. Would it not be worth
while to have the bill now enclosed, translated, printed and circulated
among the members of the National Assembly? If you think so, have it done
at the public expense, with any little comment you may think necessary,
concealing the quarter from whence it is distributed; or take any other
method you think better, to see whether that Assembly will not pass a
similar act. I shall send copies of it to Mr. Carmichael, at Madrid, and
to Colonel Humphreys, appointed resident at Lisbon, with a desire for them
to suggest similar acts there. The measure is just, perfectly innocent as
to all other nations, and will effectually defeat the navigation act of
Great Britain, and reduce her power on the ocean within safer limits.
The time of the late Congress having expired on the 3d instant, they then
separated of necessity. Much important matter was necessarily laid over;
this navigation act among others. The land law was put off, and nothing
farther done with the mint than to direct workmen to be engaged. The new
Congress will meet on the 4th Monday in October. Their laws shall be sent
you by the first opportunity after they shall be printed. You will receive
herewith those of their second session. We know that Massachusetts has
agreed to the amendments to the Constitution, except (as is said) the
first, second, and twelfth articles. The others, therefore, are now in
force. The articles excepted will depend on the other legislatures. The
late expedition against the northern Indians having been ineffectual, more
serious operations against them will be undertaken as soon as the season
admits. The President is just now setting out on a tour to the southern
States, from whence he will not return till June. The British packet being
the quickest mode of conveyance, I shall avail myself of that, as well
as of the French packet, to write to you. Are the letters which now pass
through the French post offices opened, as they were under the former
government? This is important for me to know.
I am, with great and sincere esteem, dear Sir, your most obedient, and
most humble servant.
P. S. I omitted to draw your attention to an additional duty of one cent
per gallon on rum, by name. This was intended as some discrimination
between England and France. It would have been higher, but for the fear
of affecting the revenues in a contrary direction.
TO WILLIAM SHORT.
Philadelphia, March 19, 1791.
Dear Sir,--Your letter of November the 6th, No. 46, by Mr. Osmont, came
to hand yesterday, and I have just time, before the departure of Mr.
Terrasson, the bearer of my letter of the 15th instant, and despatches
accompanying it, to acknowledge the receipt, and inform you that it has
been laid before the President. On consideration of the circumstances
stated in the second page of your letter, he is of opinion, that it is
expedient to press at this moment a settlement of our difference with
Spain. You are therefore desired, instead of confining your application
for the interference of the court of France, to the simple case of St.
Marie, mentioned in my letter of the 12th, to ask it on the broad bottom
of general necessity, that our right of navigating the Mississippi be
at length ceded by the court of Madrid, and be ceded in such form, as to
render the exercise of it efficacious and free from chicane. This cannot
be without an entrepôt in some convenient port of the river, where the
river and sea craft may meet and exchange loads, without any control from
the laws of the Spanish government. This subject was so fully developed
to you in my letter of August the 10th, 1790, that I shall at present
only refer to that. We wish you to communicate this matter fully to the
Marquis de La Fayette, to ask his influence and assistance, assuring
him that a settlement of this matter is become indispensable to us; any
further delay exposing our peace, both at home and abroad, to accidents,
the result of which are incalculable, and must no longer be hazarded. His
friendly interposition on this occasion, as well as that of his nation,
will be most sensibly felt by us. To his discretion, therefore, and yours,
we confide this matter, trusting that you will so conduct it as to obtain
our right in an efficacious form; and at the same time to preserve to us
the friendship of France and Spain, the latter of which we value much,
and the former infinitely.
Mr. Carmichael is instructed to press this matter at Madrid: yet if the
Marquis and yourself think it could be better effected at Paris, with the
Count de Nunnez, it is left to you to endeavor to try it there. Indeed,
we believe it would be more likely to be settled there, than at Madrid
or here. Observe always, that to accept the navigation of the river
without an entrepôt would be perfectly useless, and that an entrepôt, if
tramelled, would be a certain instrument for bringing on war instead of
preventing it.
I am, with great esteem, dear Sir, your most obedient humble servant.
TO DR. WISTAR.
Philadelphia, March 20, 1791.
Sir,--I am thankful for the trouble which yourself and Dr. Hutchinson
have taken, and are still willing to take, on the subject of Mr. Isaacs'
discovery. However his method may turn out, this advantage will certainly
result from it, that having drawn the public attention to the subject, it
may be made the occasion of disseminating among the masters of vessels a
knowledge of the fact, that fresh water may be obtained from salt water
by a common distillation, and in abundance. Though Lind's, Irvine's, and
McQueer's experiments should suffice to satisfy them of this, yet it may
fix their faith more firmly, if we can say to them that we have tried
these experiments ourselves, and can vouch for their effect. If Mr. Isaacs
can increase that effect, so much the better; it will be a new flower in
the American wreath. He is poor, and complains that his delay here is very
distressing to him. Therefore, I propose to-morrow for the experiment,
and will ask the favor of you to fix any hour that may best suit the
convenience of Dr. Hutchinson and yourself, from five in the morning to
twelve at night, all being equal to me. Only be good as to notify it in
time for me to give notice to Mr. Isaacs. Will it not save time, if the
great still can be set agoing at the same time with the small ones? He
protests against any unfavorable conclusions from a small experiment,
because never having tried his method in a small way, he does not know
how to proportion his mixture. I am, with great esteem, Sir, your most
obedient humble servant.
TO HIS EXCELLENCY GOVERNOR MARTIN.
Philadelphia, March 26, 1791.
Sir,--Having in charge to lay before Congress a general statement of all
the lands subject to their disposal, it becomes necessary for me, so far
as respects the proceedings of North Carolina, to draw on a map the line
which forms the Eastern boundary of the cession of that State to Congress,
and then to specify all the private claims within the cession, which form
exceptions to their general right of granting the ceded territory. Three
classes of these exceptions have been stated to me. First, the returns
from Armstrong's office. Second, the claims of the officers of the North
Carolina line of the lands reserved for them on the Cumberland. Third,
a grant of twenty-five thousand acres to General Greene. I find myself
under the necessity of troubling your Excellency to enable me to lay down
with precision this dividing line, and then a precise specification and
location of the three classes of exceptions before mentioned, and also,
any other exceptions which you may know of. Besides that these things
can be known only from your offices, I am induced to ask you to take the
trouble from an assurance that you will be glad to assist in furnishing
any information which may prevent the citizens of your State from being
involved in litigations by a sale to others of lands to which they may
have a just claim, and which would not be so sold, if their claims could
be previously known. As I propose to set about this statement immediately,
I shall consider it as a great personal obligation, if the measures
which your Excellency may be pleased to take for my assistance, can be
immediately executed, and the result communicated to me. I have the honor
to be, with great esteem and respect, your Excellency's most obedient,
and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, March 27, 1791.
Sir,--I have been again to see Mr. Barclay on the subject of his mission,
and to hasten him. I communicated to him the draught of his instructions,
and he made an observation which may render a small change expedient.
You know it has been concluded that he should go without any defined
character, in order to save expense. He observed that if his character
was undefined they would consider him as an Ambassador, and expect
proportional liberalities, and he thought it best to fix his character
to that of consul, which was the lowest that could be employed. Thinking
that there is weight in his opinion, I have the honor to enclose you a
blank commission for him as consul, and another letter to the Emperor,
no otherwise different from that you signed, but as having a clause of
credence in it. If you approve of this change, you will be so good as to
sign these papers and return them; otherwise, the letter before signed
will still suffice.
I enclose you a Massachusetts paper, whereby you will see that some acts
of force have taken place on our eastern boundary. Probably that State
will send us authentic information of them. The want of an accurate map
of the Bay of Passamaquoddy renders it difficult to form a satisfactory
opinion on the point in contest. I write to-day to Rufus Putnam to send me
his survey referred to in his letters. There is a report that some acts of
force have taken place on the northern boundary of New York, and are now
under the consideration of the government of that State. The impossibility
of bringing the court of London to an adjustment of any difference
whatever, renders our situation perplexing. Should any applications from
the States or their citizens be so urgent as to require something to be
said before your return, my opinion would be that they should be desired
to make no new settlements on our part, nor suffer any to be made on the
part of the British, within the disputed territory; and if any attempt
should be made to remove them from the settlements already made, that
they are to repel force by force, and ask aid of the neighboring militia
to do this and no more. I see no other safe way of forcing the British
government to come forward themselves and demand an amicable settlement.
If this idea meets your approbation, it may prevent a misconstruction by
the British, of what may happen, should I have this idea suggested in a
proper manner to Colonel Beckwith.
The experiments which have been tried of distilling sea-water with
Isaacs' mixture, and also without it, have been rather in favor of the
distillation without any mixture.
A bill was yesterday ordered to be brought into the House of
Representatives here, for granting a sum of money for building a Federal
Hall, house for the President, &c.
You knew of Mr. R. Morris' purchase of Gorham and Phelps of 1,300,000
acres of land of the State of Massachusetts, at 5_d._ an acre. It is said
that he has sold 1,200,000 acres of these in Europe, through the agency
of V. Franklin, who it seems went on this business conjointly with that
of printing his grandfather's works. Mr. Morris, under the name of Ogden,
and perhaps in partnership with him, has bought the residue of the lands
held in the same country by Massachusetts, for £100,000. The Indian title
of the former purchase has been extinguished by Gorham, but that of the
latter is not. Perhaps it cannot be. In that case a similarity of interest
will produce an alliance with the Yazoo companies. Perhaps a sale may be
made in Europe to purchasers ignorant of the Indian right.
I shall be happy to hear that no accident has happened to you in the bad
roads you have passed, and that you are better prepared for those to come
by lowering the hang of your carriage, and exchanging the coachman for two
postilions, circumstances which I confess to you appeared to me essential
for your safety, for which no one on earth more sincerely prays, both
from public and private regard, than he who has the honor to be, with
sentiments of the most profound respect, Sir, your most obedient, and most
humble servant.
TO MR. LEWIS.
Philadelphia, March 31, 1791.
The recess of Congress permits me now to resume the subject of my letter
of August 12th, and to acknowledge the receipt of your favors of September
14th, November 25th, and January 1st. With respect to British debts and
property it was thought possible then that they might come forward and
discuss the interests and questions existing between the two nations,
and as we know they would assail us on the subject of the treaty, without
our previously knowing the particular State or States whose proceedings
they would make the ground of complaint, we wished to be in a state of
preparation on every point. I am therefore to thank you particularly for
having furnished us the justifications of this Commonwealth in your letter
of January 1st. With respect to the more general object of my letter, that
of making a very complete collection of all the laws in force, or which
were ever in force in the several States, we are now as to this State
possessed of those from 1776 to 1790. I must still avail myself of your
kind undertaking in your letters of September 14th and November 25th, to
continue your attention to this acquisition till we can have the whole.
Indeed, if you would order any bookseller to procure them according to
such list as you should give him, it might greatly lessen your trouble,
and he could deliver them himself at my office and receive there his pay.
Whenever you shall be so good as to notify me of the cost of those already
furnished, it shall be immediately reimbursed. I am sure you are sensible
of the necessity of possessing at the seat of the General Government,
a complete collection of all the laws of all the States, and hope you
will perceive there were no persons so likely to make the collection
judiciously as the Attorneys for the Districts, which must be the apology
for the trouble which has been given you on this subject by him who has
the honor to be, with great esteem and respect, Sir, your most obedient,
and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, April 2, 1791.
I had the honor of addressing you on the 27th ult., since which letters
are received of January 24th, from Mr. Carmichael, and of January 3d and
15th, Madrid, and February 6th, and 12th, Lisbon, from Colonel Humphreys.
As these are interesting, and may tend to settle suspense of mind to a
certain degree, I shall trouble you with quotations from some parts and
the substance of others.
Colonel H. says, "I learn from other good authority, as well as from
Mr. Carmichael, that all the representations of Gardoqui (when minister
in America), tended to excite a belief that the most respectable and
influential people throughout the United States did not wish to have
the navigation of the Mississippi opened for years to come, from an
apprehension such an event would weaken the government, and impoverish
the Atlantic States by emigrations. It was even pretended that none but
a handful of settlers on the Western waters, and a few inhabitants of the
Southern States would acquiesce in the measure." This is the state of mind
to which they have reverted since the crisis with England is passed, for
during that, the Count de Florida Blanca threw out general assertions that
we should have no reason to complain of their conduct with respect to the
Mississippi, which gave rise to the report its navigation was opened. The
following passages will be astonishing to you who recollect that there
was not a syllable in your letters to Mr. G. M., which looked in the
most distant manner to Spain. Mr. Carmichael says, "something, however,
might have been done in a moment of projects and apprehension, had not
a certain negotiation carried on, on our part, at London, transpired,
and which I think was known here rather from British policy, than from
the vigilance of the Marquis del Campo. Entirely unacquainted with this
manœuvre, although in correspondence with the person employed, I was
suspected to be in the secret. This suspicion banished confidence, which
returns by slow degrees. This circumstance induced me to drop entirely
my correspondence with G. M. To continue it would have done harm, and
certainly could do no good. I have seen extracts of the President's letter
communicated to the Duke of Leeds, perhaps mutilated or forged to serve
here the views of the British cabinet. I do not yet despair of obtaining
copies of those letters through the same channel that I procured the first
account of the demands of G. B. and the signature of the late convention."
Colonel Humphreys says, "the minister had intimations from del Campo of
the conferences between Mr. Morris and the Duke of Leeds, which occasioned
him to say with warmth to Mr. Carmichael, 'now is your time to make a
treaty with England.' Fitzherbert availed himself of these conferences to
create apprehensions that the Americans would aid his nation in case of
war." Your genuine letter could have made no impression. The British court
then must have forged one, to suit their purpose, and I think it will not
be amiss to send a genuine copy to Carmichael, to place our faith on its
just ground. The principal hope of doing anything now, is founded either
on an expected removal of the Count de F. B. from the ministry, in which
case persons will be employed who are more friendly to America, or to the
bursting out of that fire which both gentlemen think but superficially
covered. Mr. Carmichael justifies himself by the interception of his
letters. He has shown the originals to Colonel H. He concludes his present
letter with these words, "relying on the good opinion of me, that you have
been pleased to express on many occasions, I intreat you to engage the
President to permit me to return to my native country." Colonel Humphreys,
on the subjects of his justification and return says, (after speaking of
the persons likely to come into power,) "Mr. Carmichael being on terms
of intimacy with the characters here, is certainly capable of effecting
more at this court than any other American. He is heartily desirous of
accomplishing the object in view at all events, and fully determined
to return to America in twelve or eighteen months at farthest. He has
expressed that intention repeatedly. To be invested with full powers,
perhaps he would be able to do something before his departure from the
continent." In his letter of January 15th, he says, "Mr. Carmichael's
ideas are just: his exertions will be powerful and unremitting to
obtain the accomplishment of our desires before his departure from this
country. The task will now be difficult if not impracticable." In that
of February 6th, he says, "Mr. Carmichael is much mortified that so many
of his despatches have miscarried. By the original documents, which I
have seen in his hands, I am convinced he has been extremely assiduous
and successful in procuring early and authentic intelligence. It is
difficult for a person at a distance to form an adequate judgment of the
embarrassments to which a public man, situated as he was, is subjected,
in making written communications, from such an inland place, and under
such a jealous government. He appears disgusted with the country and the
mode of life he is compelled to lead. He desires ardently to return to
his native land; but he wishes to distinguish himself first by rendering
some essential service to it if possible."
Governor Quesada, by order of his court, is inviting foreigners to go and
settle in Florida. This is meant for our people. Debtors take advantage
of it, and go off with their property. Our citizens have a right to go
where they please. It is the business of the States to take measures to
stop them till their debts are paid. This done, I wish a hundred thousand
of our inhabitants would accept the invitation. It will be the means
of delivering to us peaceably what may otherwise cost us a war. In the
meantime, we may complain of this seduction of our inhabitants just enough
to make them believe we think it very wise policy for them, and confirm
them in it. This is my idea of it. I have the honor to be, with sentiments
of the most perfect respect and attachment, Sir, your most obedient, and
most humble servant.
TO MAJOR L'ENFANT.
Philadelphia, April 10, 1791.
Sir,--I am favored with your letter of the 4th instant, and in compliance
with your request, I have examined my papers, and found the plans of
Frankfort-on-the-Mayne, Carlsruhe, Amsterdam, Strasburg, Paris, Orleans,
Bordeaux, Lyons, Montpelier, Marseilles, Turin, and Milan, which I send
in a roll by the post. They are on large and accurate scales, having
been procured by me while in those respective cities myself. As they are
connected with the notes I made in my travels, and often necessary to
explain them to myself, I will beg your care of them, and to return them
when no longer useful to you, leaving you absolutely free to keep them
as long as useful. I am happy that the President has left the planning
of the town in such good hands, and have no doubt it will be done to
general satisfaction. Considering that the grounds to be reserved for the
public are to be paid for by the acre, I think very liberal reservations
should be made for them; and if this be about the Tyber and on the back
of the town, it will be of no injury to the commerce of the place, which
will undoubtedly establish itself on the deep waters towards the eastern
branch and mouth of Rock Creek; the water about the mouth of the Tyber
not being of any depth. Those connected with the government will prefer
fixing themselves near the public grounds in the centre, which will also
be convenient to be resorted to as walks from the lower and upper town.
Having communicated to the President, before he went away, such general
ideas on the subject of the town as occurred to me, I make no doubt that,
in explaining himself to you on the subject, he has interwoven with his
own ideas, such of mine as he approved. For fear of repeating therefore
what he did not approve, and having more confidence in the unbiassed
state of his mind, than in my own, I avoided interfering with what he
may have expressed to you. Whenever it is proposed to prepare plans for
the Capitol, I should prefer the adoption of some one of the models of
antiquity, which have had the approbation of thousands of years; and for
the President's house, I should prefer the celebrated fronts of modern
buildings, which have already received the approbation of all good judges.
Such are the Galerie du Louire, the Gardes meubles, and two fronts of
the Hotel de Salm. But of this it is yet time enough to consider. In the
meantime I am, with great esteem, Sir, your most obedient humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, April 10, 1791.
I had the honor of addressing you on the 2d instant, which I presume would
overtake you at Richmond. The present, I imagine, will not overtake you
till you get to Wilmington. Since my last, I have been honored with your
two letters of March 31st, and two others of April 4th, one of which was
circular. A copy of this, I sent to the Vice-President, and as Colonel
Hamilton has asked a consultation on a letter of Mr. Short's, we shall
have a meeting with the Vice-President to-morrow. I will then ask their
advice also on the communication to Colonel Beckwith, relative to the
supplies to the Indians. Finding, within a day or two after my letter
to you of March 27th, that Putnam was gone to the westward, I detained
my letter to him, and applied to General Knox, from whom I obtained some
information on the Eastern boundary. No official information of the affair
of Moose Island is received here. Perhaps it is on the road to you. Nor
do we hear anything more of the disturbance said to have arisen on the
borders of New York. I have asked the favor of my friend Mr. Madison to
think on the subject of the consular commission to Mr. Barclay, so far as
we have done so and conferred together as yet. We are both of opinion it
may be used; but we shall think and confer further. I presume your only
doubt arose on the constitutional powers to "supply vacancies" during
the recess of Congress. There was an omission also (which might strike
your mind), of the limitation of the commission "till the end of the next
session of Congress." As the Constitution limits them, this clause is
always useless; however, as it does no harm, it has been usually inserted
in the commissions. But in the case of Mr. Barclay, such a clause would
require a very awkward explanation to the Emperor of Morocco; and as
Mr. Barclay is acquainted with the constitutional determination of his
commission, it was thought better to omit the useless expression of it.
The acquisition of ground at Georgetown is really noble. Considering that
only £25 an acre is to be paid for any grounds taken for the public,
and the streets not to be counted, which will in fact reduce it to
about £19 an acre, I think very liberal reserves should be made for the
public. Your proclamation came to hand the night of the 5th. Dunlap's
and Bache's papers for the morning of the 6th being already filled, I
could only get it into Brown's evening paper of the 6th. On the 7th, the
bill for the federal buildings passed the Representatives here by 42 to
10, but it was rejected yesterday by 9 to 6 in the Senate, or to speak
more exactly, it was postponed till the next session. In the meantime,
spirited proceedings at Georgetown will probably, under the continuance
of your patronage, prevent the revival of the bill. I received last night
from Major L'Enfant a request to furnish him any plans of towns I could,
for his examination. I accordingly send him, by this post, plans of
Frankfort-on-the-Mayne, Carlsruhe, Amsterdam, Strasburg, Paris, Orleans,
Bordeaux, Lyons, Montpelier, Marseilles, Turin, and Milan, on large and
accurate scales, which I procured while in those towns respectively.
They are none of them, however, comparable to the old Babylon, revived
in Philadelphia, and exemplified. While in Europe, I selected about a
dozen or two of the handsomest fronts of private buildings, of which I
have the plates. Perhaps it might decide the taste of the new town, were
these to be engraved here, and distributed gratis among the inhabitants
of Georgetown. The expense would be trifling.
I enclose you extracts from a letter of Mr. Short's of January 24th.
One of January 28th has since come to hand, containing nothing but a
translation of the letter, said to have been written by the Emperor to
the King of France, but which he suspects to be a forgery, a forged bull
of the Pope having lately appeared in the same way. He says very serious
differences have arisen between the Minister of Prussia, at Liege, and
the imperial commanding officer there.
I also enclose the debates of the Pennsylvania assembly on the bill for
the federal buildings, and the bill itself; and have the honor to be,
with sentiments of the most perfect respect and attachment, Sir, your most
obedient, and most humble servant.
_Extract of a letter from William Short to Thomas Jefferson, Secretary of
State, dated Amsterdam, January 24, 1791._
"No loan is yet opened; as far as I can judge it will be found proper
to postpone it two or three weeks longer, for reasons mentioned in my
former letters, which are of general application, and in this instance
particularly for the greater certainty of a success that may enhance the
credit of the United States.
"The Reporter of the Committee of Domaines has at length presented the
opinion of that committee respecting the Decree on the _Droit d'Aubaine_
to the assembly. He had unfortunately connected it with the business of
the Successions, so that an adjournment was insisted on in order that the
Report might be discussed. It was referred to four different committees.
I had put the Marquis de La Fayette fully in possession of this subject,
and wrote to him again respecting it, immediately on being informed of
the turn it had taken. The Secretary, whom I left in Paris, writes me
that they are now trying to get the Diplomatic Committee to ask for a
division of this report, and to obtain a decree explanatory merely as to
the _Droit d'Aubaine_. In the present ill-humor and jealousy which prevail
with respect to colonies, it is difficult to say what they will do--but we
may be sure that M. de Montmorin will use his exertions to effect what we
desire. I apprehend delay, however, which no application can prevent, and
I always had doubts myself with respect to the success of this business,
notwithstanding the opinion of the Reporter and Committee of Domaines. I
mentioned formerly on what those doubts were founded.
"Since the Report of the Committee of Impositions, made in the month of
December, of which you will have seen an extract in the Journals of the
Assembly, and of which I enclosed you a copy in my last, nothing more has
been said on tobacco, except by a member of the Committee of Finance. You
will have seen that the Committee of Imposition propose to abandon tobacco
as an article of revenue. The member of the Committee of Finance, on the
contrary, insisted on it; another member of the same committee, however,
insisted on his informing the assembly that what he said was his private
opinion, and not that of the Committee of Finance. Nobody, as I have
frequently repeated, can say with certainty, when the Assembly will take
up any subject, nor what they will decide on it. Their sentiments with
respect to tobacco, have experienced a manifest alteration since the first
report of the Committee of Imposition respecting it. It is probable now
that it will be made an article of free commerce, with a duty on entering
the kingdom. But should the Farm be continued, still some modification
may be expected at present in favor of their commercial connections with
the United States. I forgot to mention above, that I had received through
Mr. Donald your letter of November 25 respecting this article.
"The Commercial Committee have formed a new tariff, which is now under
press, as they write me, to be presented to the assembly. They not only
admit American oils in their plan, but put the duties lower than under the
_Arrêt du Conseil_. It is yet for the assembly to decide on it. I have
already informed you of the stages through which this business has been
carried, and the manner in which it has been done. I hope the means will
be approved of; and the United States will have reason to be satisfied
with the result. The delay is inevitable from the nature and proceedings
of the assembly. That is the cause, also, of the uncertainty and variation
in the opinions which I have communicated to you from time to time on
these subjects.
"The resistance of a considerable part of the clergy to a decree of the
assembly for their civil organization, and particularly for changing the
limits of the dioceses, and the violent measures adopted by the assembly
respecting this resistance, or rather non-compliance, has been matter of
uneasiness for some time. By a decree of the assembly all those of the
clergy who, by a given day, had not taken an oath to maintain the civil
organization of that body, were to be deprived of their ecclesiastical
functions, and their successors immediately appointed agreeably to the
new mode of election. That day rigorously has passed, and only two bishops
of the assembly have taken the oath. Of the curates of Paris a majority,
also, had refused; but among those subscribed were some of the principal,
and particularly the curate of St. Eustache, the King's confessor, who,
it is said, was converted by the King himself, who takes every possible
means of preventing what might occasion disorder, and who, from his
uniform conduct, merits better treatment than he sometimes receives. By a
construction of the decree some delay is obtained for its execution. In
the meantime two of the refusing bishops have entered into negotiation.
They desire to find some decent means of retracting their refusal;
hitherto they have waited for the consent of the Pope, to obtain which
they had sent an express to Rome. His answer has not yet been received,
but it is known by private letters that he is disposed to accommodate
at present, though he would not hear of it at first. I know not yet what
effect this will produce on the people in the provinces. In the capital,
their love of the Revolution so far surpasses every other passion, that
all the exertions of the _Garde Nationale_ have been necessary to prevent
their entering the churches and hanging the refusing curates. They will
manifest their dispositions less violently, perhaps, in the provinces, but
in general the spirit of the Revolution will certainly predominate, even
if the clergy succeed to convince them that it is contrary to the spirit
of religion.
"The funds have risen to an uncommon height owing to the considerable
reimbursements made by the emission of _assignats_. These do not
depreciate as might have been expected. On the whole, if there were any
probability of the assembly's confining themselves merely to the business
of organizing the government, so as to put an end to their session and
call a new legislature, the Revolution might be considered as really in a
successful state; but the Report of the Central Committee, which you will
have received, prescribes such a superabundance of matter as necessary
to be deliberated on and settled by the present assembly, that its end
as well as the term of the completion of the constitution can be reduced
to no calculation. All that seems to me certain is, that the Revolution
will in one way or another end by giving a free government to France. This
event might be hastened much by the assembly, if they would. My former
letters will have informed you how little I think it is to be hoped from
them, and for what reasons.
"The Russians, as has been expected for some time, have taken Ismailow.
They stormed it, and put the whole garrison to the sword on the 22d of
December. This was probably to strike terror into the Turks, in order
to aid the separate negotiation which it is known Prince Potemkin is
endeavoring to effect with the Grand Visier. The object is to engage
the Porte to accept peace without the mediation of other powers. On
the other hand, Prussia is active both in negotiation and military
demonstration to counteract this project. Preparations are making for
sending a large army into Livonia in the spring, which has induced the
Empress to call off some of the heavy troops from those employed against
the Turks. England, also, keeps an augmented navy in commission. It
seems not doubted that the design is to send a fleet into the Baltic
as soon as the season will permit it. It is said, also, that the three
mediating powers are negotiating with Denmark, to engage that country
to be at least indifferent as to the entrance of this fleet; and that
there are grounds for hopes of success. Some think, also, that there
are indications which render it probable that Spain will join in the
mediation for obtaining peace for the Turks. I have no reason to suppose
it other than that arising from the desire which Spain must naturally have
to see peace restored to that power. It is supposed if she joins in the
mediation it will be merely for that object, and not from any disposition
to favor generally the system of the mediating powers. Where so many
and such opposite principles enter into account, it would be temerity to
conjecture the particular results, without being behind the curtain; and
even there probably the schemes are not yet fully ascertained. Every day
must necessarily throw new lights on this complicated state of affairs,
in proportion as the state of negotiation is more advanced.
"I think it probable myself, that peace will be effected one way or
another in the course of the year. The present favorable situation of the
Russian army, the dispersed and disheartened situation of the Ottoman, the
succor promised by Prussia, so long deferred, the little hope of immediate
relief from the geographical position of that power, the ardent desire
of Russia to effect a peace without mediation, and the sacrifices she is
disposed to make to effect it; all induce me to believe that it will be
brought about in that way. If, however, the Porte, from a well-founded
confidence in the active interference of the mediating powers, should
decide still to hold out, then it seems that the Empress will be induced
to come to terms rather than enter the lists with new and powerful
enemies, from whom she would have much to fear, particularly by sea.
Still I find several who think, from the character of the Empress, that
she will resist, and try the event of a campaign rather than sacrifice
so much success and so much glory in having a peace dictated to her.
Her resources at home are without end from her mode of calling them into
action, and her credit, even here, stands high; certainly much higher than
it should do. It is supposed, also, that in this extremity she would be
seconded by the Emperor, notwithstanding his pacific turn. He would be
authorized by treaty to do this, and his present situation would enable
him; the disturbances in the various parts of his dominions having been
all settled. In Brabant, particularly, his authority is more firmly
settled than if he had come to it by inheritance only, since he enjoys it
also by a kind of conquest.
"It is the system of the English Cabinet which is considered here as the
most unaccountable. The commerce of that country is at present in the
most prosperous situation, since the balance is in their favor with every
part of Europe. They have more to gain by peace and more to apprehend
from war, than any other power, and yet they seem determined to risk it.
The advantages of their commerce in the Baltic, are certain: those in the
Levant, eventual; still they seem determined to sacrifice one, at least
for a time, in order to grasp at the other. On the whole, it is regarded
as one of those sacrifices of commerce to politics, which France has so
often given examples of. Time will show whether Mr. Pitt, or those who
condemn him, are in the right."
TO WILLIAM CARMICHAEL.
Philadelphia, April 11, 1791.
Sir,--I wrote you on the 12th of March, and again on the 17th of the
same month; since which, I have received your favor of January the
24th, wherein you refer to copies of two letters, also to a paper No. 1,
supposed to be enclosed in that letter; but there was nothing enclosed.
You speak particularly of several other letters formerly forwarded, but
not a single one was ever received of later date than May the 6th, 1789;
and this of January 24th, is all we possess from you since that date.
I enclose you a list of letters addressed to you on various subjects,
and to which answers were and are naturally expected; and send you again
copies of the papers in the case of the Dover Cutter, which has been the
subject of so many of those letters, and is the subject of the constant
solicitation of the parties here. A final decision on that application,
therefore, is earnestly desired. When you consider the repeated references
of matters to you from hence, and the total suppression of whatever you
have written in answer, you will not be surprised if it had excited a
great degree of uneasiness. We had inquired whether private conveyances
did not occur, from time to time, from Madrid to Cadiz, where we have
vessels almost constantly, and we were assured that such conveyances were
frequent. On the whole, Sir, you will be sensible, that under the jealous
government with which you reside, the conveyance of intelligence requires
as much management as the obtaining it; and I am in hopes that in future,
you will be on your guard against those infidelities in that line, under
which you and we have so much suffered.
The President is absent on a journey through the southern States, from
which he will not return till the end of June; consequently, I could not
sooner notify him of your desire to return; but even then, I will take
the liberty of saying nothing to him on the subject till I hear further
from you. The suppression of your correspondence has, in a considerable
degree, withdrawn you from the public sight. I sincerely wish that before
your return, you could do something to attract their attention and favor,
and render your return pleasing to yourself and profitable to them, by
introducing you to new proofs of their confidence. My two last letters
to you furnish occasions; that of a co-operation against the British
navigation act and the arrangement of our affairs on the Mississippi.
The former, if it can be effected, will form a remarkable and memorable
epoch in the history and freedom of the ocean. Mr. Short will press it
at Paris, and Colonel Humphreys at Lisbon. The latter will show most at
first; and as to it, be so good as to observe always, that the right of
navigating the Mississippi is considered as so palpable, that the recovery
of it will produce no other sensation than that of a gross injustice
removed. The extent and freedom of the port for facilitating the use of
it, is what will excite the attention and gratification of the public.
Colonel Humphreys writes me, that all Mr. Gardoqui's communications,
while here, tended to impress the court of Madrid with the idea, that the
navigation of the Mississippi was only demanded on our part to quiet our
western settlers, and that it was not sincerely desired by the maritime
States. This is a most fatal error, and must be completely eradicated and
speedily, or Mr. Gardoqui will prove to have been a bad peacemaker. It is
true, there were characters whose stations entitled them to credit, and
who, from geographical prejudices, did not themselves wish the navigation
of the Mississippi to be restored to us, and who believe, perhaps, as is
common with mankind, that their opinion was the general opinion. But the
sentiments of the great mass of the Union were decidedly otherwise then,
and the very persons to whom Mr. Gardoqui alluded, have now come over to
the opinion heartily, that the navigation of the Mississippi, in full and
unrestrained freedom, is indispensably necessary, and must be obtained
by any means it may call for. It will be most unfortunate, indeed, if we
cannot convince Spain that we make this demand in earnest, but by acts
which will render that conviction too late to prevent evil.
Not knowing how better to convey to you the laws and the gazettes, than by
committing them to the patronage of Colonel Humphreys, I now send through
that channel the laws of the second and third sessions of Congress, and
the newspapers.
I have the honor to be, with great esteem, Sir, your most obedient, and
most humble servant.
TO C. CARROLL OF CARROLLTON.
Philadelphia, April 15, 1791.
Dear Sir,--I received last night your favor of the 10th, with Mr. Brown's
receipt, and thank you for the trouble you have been so kind as to take
in this business.
Our news from the westward is disagreeable. Constant murders committing
by the Indians, and their combination threatens to be more and more
extensive. I hope we shall give them a thorough drubbing this summer,
and then change our tomahawk into a golden chain of friendship. The most
economical as well as most humane conduct towards them is to bribe them
into peace, and to retain them in peace by eternal bribes. The expedition
this year would have served for presents on the most liberal scale for
one hundred years; nor shall we otherwise ever get rid of an army, or of
our debt. The least rag of Indian depredation will be an excuse to raise
troops for those who love to have troops, and for those who think that a
public debt is a good thing. Adieu, my dear Sir. Yours affectionately.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, April 17, 1791.
Sir,--I had the honor of addressing you on the 2d, which I supposed
would find you at Richmond, and again on the 10th, which I thought
would overtake you at Wilmington. The present will probably find you at
Charleston.
According to what I mentioned in my letter of the 10th, the
Vice-President, Secretaries of the Treasury and War, and myself, met on
the 11th. Colonel Hamilton presented a letter from Mr. Short, in which
he mentioned that the month of February being one of the periodical
months in Amsterdam, when, from the receipt of interest and refunding of
capitals, there is much money coming in there, and free to be disposed
of, he had put off the opening his loan till then, that it might fill
the more rapidly, a circumstance which would excite the presumption
of our credit;--that he had every reason to hope it would be filled
before it would be possible for him, after his then communication of the
conditions, to receive your approbation of them, and orders to open a
second; which, however, should be awaited, according to his instructions;
but he pressed the expediting the order, that the stoppage of the current
in our favor might be as short as possible. We saw that if, under present
circumstances, your orders should be awaited, it would add a month to
the delay, and we were satisfied, were you present, you would approve
the conditions, and order a second loan to be opened. We unanimously,
therefore, advised an immediate order, on condition the terms of the
second loan should not be worse than those of the first.
General Knox expressed an apprehension that the Six Nations might be
induced to join our enemies, there being some suspicious circumstances;
and he wished to send Colonel Pickering to confirm them in their
neutrality. This, he observed, would occasion an expense of about two
thousand dollars, as the Indians were never to be met empty handed. We
thought the mission advisable. As to myself, I hope we shall give the
Indians a thorough drubbing this summer, and I should think it better
afterwards to take up the plan of liberal and repeated presents to them.
This would be much the cheapest in the end, and would save all the blood
which is now spilt: in time, too, it would produce a spirit of peace and
friendship between us. The expense of a single expedition would last very
long for presents. I mentioned to the gentlemen, the idea of suggesting
through Colonel Beckwith our knowledge of the conduct of the British
officers in furnishing the Indians with arms and ammunition, and our
dissatisfaction. Colonel Hamilton said that Beckwith had been with him on
the subject, and had assured him they had given them nothing more than the
annual presents, and at the annual period. It was thought proper, however,
that he should be made sensible that this had attracted the notice of
government. I thought it the more material, lest, having been himself the
first to speak of it, he might suppose his excuses satisfactory, and that
therefore they might repeat the annual present this year. As Beckwith
lodges in the same house with Mr. Madison, I have desired the latter to
find some occasion of representing to Beckwith that, though an annual
present of arms and ammunition be an innocent thing in time of peace, it
is not so in time of war; that it is contrary to the laws of neutrality
for a neutral power to furnish military implements to either party at war,
and that if their subjects should do it on private account, such furniture
might be seized as contraband: to reason with him on the subject, as from
himself, but so as to let him see that government thought as himself did.
You knew, I think, before you left us, that the British Parliament had a
bill before them for allowing wheat, imported in _British_ bottoms, to
be warehoused rent free. In order further to circumscribe the carrying
business of the United States, they now refuse to consider as an American
bottom any vessel not built here. By this construction, they take from
us the right of defining, by our own laws, what vessels shall be deemed
ours and naturalized here; and in the event of a war, in which we should
be neutral, they put it out of our power to benefit ourselves of our
neutrality, by increasing suddenly by purchase and naturalization our
means of carriage. If we are permitted to do this by building only, the
war will be over before we can be prepared to take advantage of it. This
has been decided by the Lords Commissioners of the Treasury, in the case
of one Green, a merchant of New York; from whom I have received a regular
complaint on the subject. I enclose you the copy of a note from Mr.
King to Colonel Hamilton, on the subject of the appointment of a British
minister to come here. I suspect it, however, to be without foundation.
Colonel Eveleigh died yesterday. Supposing it possible you might desire to
appoint his successor as soon as you could decide on one, I enclose you a
blank commission; which, when you shall be pleased to fill it up and sign,
can be returned for the seal and counter-signature. I enclose you a letter
from Mr. Coxe to yourself, on the subject of this appointment, and so much
of one to me as related to the same, having torn off a leaf of compliment
to lighten and lessen my enclosures to you. Should distributive justice
give preference to a successor of the same state with the deceased, I take
the liberty of suggesting to you Mr. Hayward, of South Carolina, whom I
think you told me you did not know, and of whom you are now on the spot of
inquiry. I enclose you also a continuation of the Pennsylvania debates on
the bill for federal buildings. After the postponement by the Senate, it
was intended to bring on the reconsideration of that vote; but the hurry
at winding up their session prevented it. They have not chosen a federal
Senator.
I have the honor to be, with the most profound respect and sincere
attachment, Sir, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, April 24, 1791.
Sir,--I had the honor of addressing you on the 17th. Since which I have
received yours of the 13th. I enclose you extracts from letters received
from Mr. Short. In one of the 7th of February, Mr. Short informs me that
he has received a letter from M. de Montmorin, announcing to him that the
King has named Ternant his minister here. The questions on our tobacco and
oil have taken unfavorable turns. The former will pay fifty livres the
thousand weight less, when carried in French than foreign bottoms. Oil
is to pay twelve livres a kental, which amounts to a prohibition of the
common oils, the only kind carried there. Tobacco will not feel the effect
of these measures till time will be given to bring it to rights. They had
only twenty thousand hogsheads in the kingdom in November last, and they
consume two thousand hogsheads a month, so that they must immediately
come forward and make great purchases, and not having as yet vessels of
their own to carry it, they must pay the extra duties on ours. I have been
puzzled about the delays required by Mr. Barclay's affairs. He gives me
reason to be tolerably assured, that he will go in the first vessel which
shall sail after the last day of May. There is no vessel at present whose
destination would suit. Believing that even with this, we shall get the
business done sooner than through any other channel, I have thought it
best not to change the plan. The last Leyden gazettes give us what would
have been the first object of the British arms, had the rupture with Spain
taken place.
You know that Admiral Cornish had sailed on an unknown destination before
the Convention was received in London. Immediately on its receipt, they
sent an express after him to Madeira, in hopes of finding him there.
He was gone, and had so short a passage, that in twenty-three days he
had arrived in Barbadoes, the general rendezvous. All the troops of the
islands were collecting there, and General Matthews was on his way from
Antigua to take command of the land operations, when he met with the
packet-boat which carried the counter-orders. Trinidad was the object of
the expedition. Matthews returned to Antigua, and Cornish is arrived in
England. This island, at the mouth of the Oronoko, is admirably suited for
a lodgment from which all the country up that river, and all the northern
coast of South America, Spanish, French, Dutch and Portuguese, may be
suddenly assailed.
Colonel Pickering is now here, and will set out in two or three days to
meet the Indians, as mentioned in my last. The intimation to Colonel
Beckwith has been given by Mr. Madison. He met it on very different
grounds from that on which he had placed it with Colonel Hamilton. He
pretended ignorance and even disbelief of the fact; when told that it was
out of doubt, he said he was positively sure the distribution of arms had
been without the knowledge and against the orders of Lord Dorchester,
and of the government. He endeavored to induce a formal communication
from me. When he found that could not be effected, he let Mr. Madison
perceive that he thought, however informal his character, he had not
been sufficiently noticed; said he was in New York before I came into
office, and that though he had not been regularly turned over to me, yet
I knew his character. In fine, he promised to write to Lord Dorchester
the general information we had received, and our sense of it; and he saw
that his former apologies to Colonel Hamilton had not been satisfactory
to the government. Nothing further from Moose Island, nor the posts on
the northern border of New York, nor anything of the last week from the
western country.
Arthur Campbell has been here. He is the enemy of P. Henry. He says the
Yazoo bargain is like to drop with the consent of the purchasers. He
explains it thus: They expected to pay for the lands in public paper at
par, which they had bought at half a crown a pound. Since the rise in
the value of the public paper, they have gained as much on that as they
would have done by investing it in the Yazoo lands; perhaps more, as it
puts a large sum of specie at their command, which they can turn to better
account. They are, therefore, likely to acquiesce under the determination
of the government of Georgia to consider the contract as forfeited by
non-payment.
I direct this letter to be forwarded from Charleston to Cambden. The next
will be from Petersburg to Taylor's Ferry; and after that, I shall direct
to you at Mount Vernon.
I have the honor to be, with sentiments of the most affectionate respect
and attachment, Sir, your most obedient, and most humble servant.
TO WILLIAM SHORT.
Philadelphia, April 25, 1791.
Dear Sir,--My late letters to you have been of the 8th, 12th, 15th, and
19th of March, yours received and acknowledged are as follows.
* * * * *
I consider the consular convention as securing clearly our right to
appoint consuls in the French colonies. The words "Etats du roi,"
unquestionably extend to all his dominions. If they had been merely
synonymous with "la France," why was the alteration made? When I proposed
that alteration, I explained my reasons, and it cannot be supposed I would
suffer a change of language but for some matter of substance. Again,
in the translation, it is "dominions of France." This translation was
submitted to M. de Montmorin and M. de Reyneval, with a request that they
would note any deviation in it from the original, or otherwise it would
be considered as faithful. No part was objected to. M. de Reyneval says,
we must decide by the instrument itself, and not by the explanations
which took place. It is a rule, where expressions are susceptible of two
meanings, to recur to other explanations. Good faith is in favor of this
recurrence. However, in the present case, the expression does not admit
of two constructions; it is co-extensive with the dominions of the King.
I insist on this, only as a reservation of our right, and not with a
view to exercise it, if it shall be inconvenient and disagreeable to the
government of France. Only two appointments have as yet been made (Mr.
Skipwith at Martinique and Guadaloupe, and Mr. Bourne in St. Dominique),
and they shall be instructed not to ask a regular Exequatur. We certainly
wish to press nothing on our friends which shall be inconvenient. I
shall hope that M. de Montmorin will order such attentions to be shown to
those gentlemen as the patronage of commerce may call for, and may not
be inconvenient to the government. These gentlemen are most pointedly
instructed not to intermeddle, by word or deed, with political matters.
My letter of August, 1790, to Mr. Carmichael, was delivered to him by
Colonel Humphreys.
The report you mention of the prospect of our captives at Algiers
being liberated, has not taken its rise from any authoritative source.
Unfortunately for us, there have been so many persons, who (from friendly
or charitable motives, or to recommend themselves) have busied themselves
about this redemption, as to excite great expectations in the captors, and
render our countrymen in fact irredeemable. We have not a single operation
on foot for that purpose, but what you know of, and the more all voluntary
interpositions are discouraged the better for our unhappy friends whom
they are meant to serve.
You know how strongly we desire to pay off our whole debt to France,
and that for this purpose we will use our credit as far as it will hold
good. You know, also, what may be the probability of our being able to
borrow the whole sum. Under these dispositions and prospects, it would
grieve us extremely to see our debt pass into the hands of speculators,
and be subjected ourselves to the chicaneries and vexations of private
avarice. We desire you, therefore, to dissuade the government, as far as
you can prudently, from listening to any overtures of that kind, and as
to the speculators themselves, whether native or foreign, to inform them,
without reserve, that our government condemns their projects, and reserves
to itself the right of paying no where but into the treasury of France,
according to their contract.
I enclose you a copy of Mr. Grand's note to me, stating the conditions
on which Drost would come, and also a letter from the Secretary of the
Treasury, expressing his ideas as to those terms, with which I agree.
We leave to your agency the engaging and sending Mr. Drost as soon as
possible, and to your discretion to fix the terms, rendering the allowance
for expenses certain, which his first proposition leaves uncertain.
Subsistence here costs about one-third of what it does in Paris, to a
housekeeper. In a lodging house, the highest price for a room and board
is a dollar a day, for the master, and half that for the servant. These
facts may enable you to settle the article of expenses reasonably. If Mr.
Drost undertakes assaying, I should much rather confide it to him, than to
any other person who can be sent. It is the most confidential operation
in the whole business of coining. We should expect him to instruct a
native in it. I think, too, he should be obliged to continue longer than
a year, if it should be necessary for qualifying others to continue his
operations. It is not important that he be here till November or December,
but extremely desirable then. He may come as much sooner as he pleases.
We address to M. la Motte a small box for you, containing a complete set
of the journals of the ancient Congress, the acts of the last session of
the federal legislature, and a continuation of the newspapers. I am, with
great and sincere esteem, dear Sir, your affectionate friend and humble
servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, May 1, 1791.
Sir,--I had the honor of addressing you on the 24th ult., which I presume
you will have received at Camden. The present is ordered to go from
Petersburg to Taylor's ferry. I think it better my letters should be even
some days ahead of you, knowing that if they ever get into your rear they
will never overtake you. I write to-day, indeed, merely as the watchman
cries, to prove himself awake, and that all is well, for the last week
has scarcely furnished anything foreign or domestic, worthy your notice.
Truxton is arrived from the East Indies, and confirms the check by Tippoo
Saib, on the detachment of Colonel Floyd, which consisted of between three
and four thousand men. The latter lost most of his baggage and artillery,
and retreated under the pursuit of the enemy. The loss of men is pretended
by their own papers to have been two or three hundred only. But the loss
and character of the officers killed, makes me suspect that the situation
has been such as to force the best officers to expose themselves the
most, and consequently that more men must have fallen. The main body
with General Meadows at their head are pretended to be going on boldly.
Yet, Lord Cornwallis is going to take the field in person. This shows
that affairs are in such a situation as to give anxiety. Upon the whole,
the account received through Paris papers proves true, notwithstanding
the minister had declared to the House of Commons, in his place, that
the public accounts were without foundation, and that nothing amiss had
happened.
Our loan in Amsterdam for two and a half million of florins filled in two
hours and a half after it was opened.
The Vice-President leaves us to-morrow. We are told that Mr. Morris gets
£70,000 sterling for the lands he has sold.
A Mr. Noble has been here, from the country where they are busied with the
sugar-maple tree. He thinks Mr. Cooper will bring three thousand pounds
worth to market this season, and gives the most flattering calculations of
what may be done in that way. He informs me of another most satisfactory
fact, that less profit is made by converting the juice into spirit than
into sugar. He gave me specimens of the spirit, which is exactly whiskey.
I have arrived at Baltimore from Marseilles forty olive trees of the best
kind from Marseilles, and a box of seed, the latter to raise stocks,
and the former, cuttings to engraft on the stocks. I am ordering them
on instantly to Charleston, where, if they arrive in the course of this
month, they will be in time. Another cargo is on its way from Bordeaux,
so that I hope to secure the commencement of this culture, and from the
best species. Sugar and oil will be no mean addition to the articles of
our culture. I have the honor to be, with the greatest respect and esteem,
Sir, your most obedient, and most humble servant.
TO THE ATTORNEY OF THE DISTRICT OF KENTUCKY.
Philadelphia, May 7, 1791.
Sir,--A certain James O'Fallon is, as we are informed, undertaking
to raise, organize and commission an army, of his own authority, and
independent of that of the government, the object of which is, to
go and possess themselves of lands which have never yet been granted
by any authority, which the government admits to be legal, and with
an avowed design to hold them by force against any power, foreign or
domestic. As this will inevitably commit our whole nation in war with
the Indian nations, and perhaps others, it cannot be permitted that all
the inhabitants of the United States shall be involved in the calamities
of war, and the blood of thousands of them be poured out, merely that a
few adventurers may possess themselves of lands; nor can a well ordered
government tolerate such an assumption of its sovereignty by unauthorized
individuals. I send you herein the Attorney General's opinion of what
may legally be done, with a desire that you proceed against the said
O'Fallon according to law. It is not the wish, to extend the prosecution
to other individuals, who may have given thoughtlessly into his unlawful
proceeding. I enclose you a proclamation to this effect. But they may be
assured, that if this undertaking be prosecuted, the whole force of the
United States will be displayed to punish the transgression. I enclose
you one of O'Fallon's commissions, signed, as is said, by himself.
I have the honor to be, with great esteem, Sir, your most obedient humble
servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, May 8, 1791.
Sir,--The last week does not furnish one single public event worthy
communicating to you; so that I have only to say "all is well." Paine's
answer to Burke's pamphlet begins to produce some squibs in our public
papers. In Fenno's paper they are Burkites, in the others, Painites. One
of Fenno's was evidently from the author of the discourses on Davila. I
am afraid the indiscretion of a printer has committed me with my friend,
Mr. Adams, for whom, as one of the most honest and disinterested men
alive, I have a cordial esteem, increased by long habits of concurrence in
opinion in the days of his republicanism; and even since his apostacy to
hereditary monarchy and nobility, though we differ, we differ as friends
should do. Beckley had the only copy of Paine's pamphlet, and lent it to
me, desiring when I should have read it, that I would send it to a Mr. J.
B. Smith, who had asked it for his brother to reprint it. Being an utter
stranger to J. B. Smith, both by sight and character, I wrote a note to
explain to him why I (a stranger to him) sent him a pamphlet, to wit,
that Mr. Beckley had desired it; and to take off a little of the dryness
of the note, I added that I was glad to find it was to be reprinted,
that something would, at length, be publicly said against the political
heresies which had lately sprung up among us, and that I did not doubt
our citizens would rally again round the standard of common sense. That
I had in my view the discourses on Davila, which have filled Fenno's
papers, for a twelvemonth, without contradiction, is certain, but nothing
was ever further from my thoughts than to become myself the contradictor
before the public. To my great astonishment, however, when the pamphlet
came out, the printer had prefixed my note to it, without having given
me the most distant hint of it. Mr. Adams will unquestionably take to
himself the charge of political heresy, as conscious of his own views of
drawing the present government to the form of the English constitution,
and, I fear, will consider me as meaning to injure him in the public eye.
I learn that some Anglo-men have censured it in another point of view,
as a sanction of Paine's principles tends to give offence to the British
government. Their real fear, however, is that this popular and republican
pamphlet, taking wonderfully, is likely at a single stroke, to wipe out
all the unconstitutional doctrines which their bell-weather Davila has
been preaching for a twelvemonth. I certainly never made a secret of
my being anti-monarchical, and anti-aristocratical; but I am sincerely
mortified to be thus brought forward on the public stage, where to remain,
to advance or to retire, will be equally against my love of silence and
quiet, and my abhorrence of dispute. I do not know whether you recollect
that the records of Virginia were destroyed by the British in the year
1781. Particularly the transactions of the revolution before that time. I
am collecting here all the letters I wrote to Congress while I was in the
administration there, and this being done, I shall then extend my views
to my predecessors, in order to replace the whole in the public offices
in Virginia. I think that during my administration, say between June 1,
1779, and June 1, 1781, I had the honor of writing frequent letters to
you on public affairs, which perhaps, may be among your papers at Mount
Vernon. Would it be consistent with any general resolution you have formed
as to your papers, to let my letters of the above period come here to be
copied, in order to make them a part of the records I am endeavoring to
restore for the State? or would their selection be too troublesome? if
not, I would beg the loan of them, under an assurance that they shall be
taken the utmost care of, and safely returned to their present deposit.
The quiet and regular movement of our political affairs leaves nothing to
add but constant prayers for your health and welfare, and assurances of
the sincere respect and attachment of, Sir, your most obedient, and most
humble servant.
TO THE HONORABLE JEREMIAH WADSWORTH.
Philadelphia, May 11, 1791.
Sir,--I have duly received your favor of April 20. The exemption from the
Droit d'Aubaine in the French West Indies, has been for some time past
a subject of attention. As the National Assembly were abolishing it in
_France_ for all nations, I desired our Chargé des Affaires there to see
that the decree should be extended to all the _dominions_ of France. His
letters assure me that it will be done, so as to remove this grievance
hereafter. With respect to the past, I believe it has been judiciously
determined in France that the exemption given by our treaty did not
extend to their foreign possessions. Should Mr. Johnston, however, be
disposed to try this matter, it will be requisite for him to obtain from
Port-au-Prince an authenticated record of the proceedings in his case. It
would seem, also, that those in the case of the gentleman of Curraçoa,
might be useful. These should be transmitted to some person in Paris
to solicit the government for him. Though it is not permitted that our
Chargé des Affaires there, or anywhere, should act as the private agent
or solicitor for any individual, yet he will lend his aid and influence
wherever it may be just and useful, by official applications. I have the
honor to be, with great esteem, Sir, your most obedient, and most humble
servant.
TO MR. DUMAS.
Philadelphia, May 13, 1791.
Sir,--You will readily conceive that the union of domestic with the
foreign affairs under the department of State, brings on the head of
this department such incessant calls, not admitting delay, as oblige
him to postpone whatever will bear postponing; hence, though it is
important that I should continue to receive, from time to time, regular
information from you of whatever occurs within your notice, interesting to
the United States, yet it is not in my power to acknowledge the receipt
of your letters regularly as they come. I mention this circumstance
that you may ascribe the delay of acknowledgment to the real cause, and
that it may not produce any relaxation on your part in making all those
communications which it is important should be received, and which govern
our proceedings, though it is not in my power to note it to you specially.
In general, our affairs are proceeding in a train of unparalleled
prosperity. This arises from the real improvements of our government,
from the unbounded confidence reposed in it by the people, their zeal to
support it, and their conviction that a solid Union is the best rock of
their safety, from the favorable seasons which for some years past have
co-operated with a fertile soil and a genial climate to increase the
productions of agriculture, and from the growth of industry, economy and
domestic manufactures; so that I believe I may say with truth, that there
is not a nation under the sun enjoying more present prosperity, nor with
more in prospect. The Indians on our frontier, indeed, still continue
to cut off straggling individuals or families falling in their way. An
expedition against them the last summer was less successful than there was
reason to expect. We lost in it about one hundred men. The operations of
the present summer will more probably bring them to peace, which is all we
desire of them, it having been a leading object of our present Government
to guaranty them in their present possessions, and to protect their
persons with the same fidelity which is extended to its own citizens. We
ask nothing of them but that they will accept our peace, friendship and
services; and we hope soon to make them sensible of this, in spite of the
incitements against us, which they have been so much the dupes of. This
is the general state of our affairs at present, as faithfully as I am able
to give it.
I am to acknowledge the receipt of your favors of April 2, May 8, 17,
26; July 10, 14; September 7, 30; October 19, November 23, December 6 and
11. I now receive the Leyden Gazette with great regularity by the British
Packet, and thank you for your attention to this, with a request that it
may be continued.
There is no doubt it would be desirable for us to receive our intelligence
from Europe through a channel of our own; but the expense of an
establishment of Packet-boats would be beyond the value of the object
for us, considering that our connection with Europe is less political
than commercial, and that information of the latter kind may come safely
through any channel. In fact, if we attend to the whole amount of our
civil list, we shall find that the expense of Packet-boats would make a
very sensible addition to it. The idea, therefore, though good, must be
suspended yet awhile.
Accept my thanks on the part of the Government for the copy of Rymer
you have been so good as to send us, and which is duly received, and be
assured of the sincere esteem and attachment with which I have the honor
to be, Sir, your most obedient, and most humble servant.
THOMAS BARCLAY.
Philadelphia, May 13, 1791.
Sir,--You are appointed by the President of the United States, to go to
the court of Morocco, for the purpose of obtaining from the new Emperor, a
recognition of our treaty with his father. As it is thought best that you
should go in some definite character, that of consul has been adopted, and
you consequently receive a commission as consul for the United States, in
the dominions of the Emperor of Morocco, which, having been issued during
the recess of the Senate, will, of course, expire at the end of their next
session. It has been thought best, however, not to insert this limitation
in the commission, as being unnecessary; and it might, perhaps, embarrass.
Before the end of the next session of the Senate, it is expected the
objects of your mission will be accomplished.
Lisbon being the most convenient port of correspondence between us and
Morocco, sufficient authority will be given to Colonel Humphreys, resident
of the United States at that place, over funds in Amsterdam, for the
objects of your mission. On him, therefore, you will draw for the sums
herein allowed, or such parts of them as shall be necessary. To that
port, too, you had better proceed in the first vessel which shall be
going there, as it is expected you will get a ready passage from thence
to Morocco.
On your arrival at Morocco, sound your ground, and know how things stand
at present. Your former voyage there, having put you in possession of
the characters through whom this may be done, who may best be used for
approaching the Emperor and effecting your purpose, you are left to use
your own knowledge to the best advantage.
The object being merely to obtain an acknowledgment of the treaty, we
rely that you will be able to do this, giving very moderate presents.
As the amount of these will be drawn into precedent, on future similar
repetitions of them, it becomes important. Our distance, our seclusion
from the ancient world, its politics and usages, our agricultural
occupations and habits, our poverty, and lastly, our determination to
prefer war in all cases, to tribute under any form, and to any people
whatever, will furnish you with topics for opposing and refusing high
or dishonoring pretensions; to which may be added, the advantages their
people will derive from our commerce, and their sovereign, from the duties
laid on whatever we extract from that country.
Keep us regularly informed of your proceedings and progress, by writing
by every possible occasion, detailing to us particularly your conferences,
either private or public, and the persons with whom they are held.
We think that Francisco Chiappe has merited well of the United States,
by his care of their peace and interests. He has sent an account of
disbursements for us, amounting to three hundred and ninety-four dollars.
Do not recognize the account, because we are unwilling, by doing that, to
give him a color for presenting larger ones hereafter, for expenses which
it is impossible for us to scrutinize or control. Let him understand, that
our laws oppose the application of public money so informally; but in your
presents, treat _him_ handsomely, so as not only to cover this demand, but
go beyond it with a liberality which may fix him deeply in our interests.
The place he holds near the Emperor, renders his friendship peculiarly
important. Let us have nothing further to do with his brothers, or any
other person. The money which would make one good friend, divided among
several, will produce no attachment.
The emperor has intimated that he expects an ambassador from us. Let him
understand, that this may be a custom of the old world, but it is not
ours; that we never sent an ambassador to any nation.
You are to be allowed, from the day of your departure till your return,
one hundred and sixty-six dollars and sixty-six cents and two-thirds, a
month, for your time and expenses, adding thereto your passage money and
sea stores going and coming.
Remain in your post till the 1st of April next, and as much longer as
shall be necessary to accomplish the objects of your mission, unless you
should receive instructions from hence to the contrary.
With your commission, you will receive a letter to the Emperor of Morocco,
a cypher, and a letter to Colonel Humphreys.
I have the honor to be, with great esteem, Sir, your most obedient, and
most humble servant.
_A private instruction which Mr. Barclay is to carry in his memory,
and not on paper, lest it should come into improper hands._
We rely that you will obtain the friendship of the new Emperor, and his
assurances that the treaty shall be faithfully observed, with as little
expense as possible. But the sum of ten thousand dollars is fixed as
the limit which all your donations together are not to exceed.
May 13, 1791.
[_Letter from the President to the Emperor of Morocco, referred to in
the letter to Mr. Barclay._]
Great and Magnanimous Friend,--Separated by an immense ocean from the more
ancient nations of the earth, and little connected with their politics
or proceedings, we are late in learning the events which take place among
them, and later in conveying to them our sentiments thereon.
The death of the late Emperor, your father and our friend, of glorious
memory, is one of those events which, though distant, attracts our
notice and concern. Receive, great and good friend, my sincere sympathy
with you on that loss; and permit me, at the same time, to express the
satisfaction with which I learn the accession of so worthy a successor to
the imperial throne of Morocco, and to offer you the homage of my sincere
congratulations. May the days of your Majesty's life be many and glorious,
and may they ever mark the era during which a great people shall have been
most prosperous and happy, under the best and happiest of sovereigns!
The late Emperor, very soon after the establishment of our infant nation,
manifested his royal regard and amity to us by many friendly and generous
acts, and, particularly, by the protection of our citizens in their
commerce with his subjects. And as a further instance of his desire to
promote our prosperity and intercourse with his realms, he entered into a
treaty of amity and commerce with us, for himself and his successors, to
continue fifty years. The justice and magnanimity of your Majesty, leave
us full confidence that the treaty will meet your royal patronage also;
and it will give me great satisfaction to be assured, that the citizens
of the United States of America may expect from your imperial Majesty, the
same protection and kindness, which the example of your illustrious father
has taught them to expect from those who occupy the throne of Morocco,
and to have your royal word, that they may count on a due observance of
the treaty which cements the two nations in friendship.
This will be delivered to your Majesty, by our faithful citizen, Thomas
Barclay, whom I name consul for these United States in the dominions
of your Majesty, and who, to the integrity and knowledge qualifying him
for that office, unites the peculiar advantage of having been the agent,
through whom our treaty with the late Emperor was received. I pray your
Majesty to protect him in the exercise of his functions for the patronage
of the commerce between our two countries, and of those who carry it on.
May that God, whom we both adore, bless your imperial Majesty with long
life, health and success, and have you always, great and magnanimous
friend, under his holy keeping.
Written at Philadelphia, the thirty-first day of March, in the fifteenth
year of our sovereignty and independence, from your good and faithful
friend.
TO ----.[4]
Bennington, in Vermont, June 5, 1791.
Dear Sir,--Mr. Madison and myself are so far on the tour we had projected.
We have visited, in the course of it, the principal scenes of General
Burgoyne's misfortunes, to wit, the grounds at Stillwater, where the
action of that name was fought, and particularly the breastworks, which
cost so much blood to both parties, the encampments at Saratoga and
ground where the British piled their arms, and the field of the battle
of Bennington, about nine miles from this place. We have also visited
Forts William, Henry and George, Ticonderoga, Crown Point, &c., which have
been scenes of blood from a very early part of our history. We were more
pleased, however, with the botanical objects which continually presented
themselves. Those either unknown or rare in Virginia, were the sugar maple
in vast abundance. The silver fir, white pine, pitch pine, spruce pine,
a shrub with decumbent stems, which they call juniper, an aralea, very
different from the nudiflora, with very large clusters of flowers, more
thickly set on the branches, of a deeper red, and high pink-fragrance.
It is the richest shrub I have seen. The honey-suckle of the gardens
growing wild on the banks of Lake George, the paper-birch, an aspen with
a velvet leaf, a shrub-willow with downy catkins, a wild gooseberry, the
wild cherry with single fruit, (not the bunch cherry,) strawberries in
abundance. From the highlands to the lakes it is a limestone country. It
is in vast quantities on the eastern sides of the lakes, but none on the
western sides. The Sandy Hill Falls and Wing's Falls, two very remarkable
cataracts of the Hudson, of about thirty-five feet or forty feet each,
between Fort Edward and Fort George, are of limestone, in horizontal
strata. Those of the Cohoes, on the west side of the Hudson, and of
seventy feet height, we thought not of limestone. We have met with a small
red squirrel, of the color of our fox-squirrel, with a black stripe on
each side, weighing about six ounces generally, and in such abundance on
Lake Champlain particularly, as that twenty odd were killed at the house
we lodged in, opposite Crown Point, the morning we arrived there, without
going ten yards from the door. We killed three crossing the lakes, one
of them just as he was getting ashore, where it was three miles wide, and
where, with the high wind then blowing, he must have made it five or six
miles.
I think I asked the favor of you to send for Anthony in the season for
inoculation, as well as to do what is necessary in the orchard, as to
pursue the object of inoculating all the spontaneous cherry trees in the
fields with good fruit.
We have now got over about four hundred miles of our tour, and have
still about four hundred and fifty more to go over. Arriving here on the
Saturday evening, and the laws of the State not permitting us to travel on
the Sunday, has given me time to write to you from hence. I expect to be
at Philadelphia by the 20th or 21st. I am, with great and sincere esteem,
dear Sir, yours affectionately.
FOOTNOTE:
[4] [No address.]
TO COLONEL MONROE.
Philadelphia, July 10, 1791.
Dear Sir,--Your favor of June 17, has been duly received. I am endeavoring
to get for you the lodgings Langdon had. But the landlord is doubtful
whether he will let them at all. If he will not, I will endeavor to do the
best I can. I can accommodate you myself with a stable and coach-house,
without any expense, as I happen to have two on hand; and indeed, in my
new one, I have had stalls enough prepared for six horses, which are two
more than I keep. Of my success in procuring rooms, I shall bring you news
myself, though as yet the time of my visit to Albemarle is unfixed. Mr.
Madison will both go and come with me. He is at present at New York. His
journey with me to the lakes placed him in better health than I have seen
him; but the late heats have brought on some bilious dispositions.
The papers which I send Mr. Randolph weekly, and which I presume you see,
will have shown you what a dust Paine's pamphlet has kicked up here. My
last to Mr. Randolph will have given an explanation as to myself, which
I had not time to give when I sent you the pamphlet. A writer, under the
name of Publicola, in attacking all Paine's principles, is very desirous
of involving me in the same censure with the author. I certainly merit
the same, for I profess the same principles; but it is equally certain I
never meant to have entered as a volunteer into the cause. My occupations
do not permit it. Some persons here are insinuating that I am Brutus, that
I am Agricola, that I am Philodemus, &c., &c. I am none of them, being
decided not to write a word on the subject, unless any printed imputation
should call for a printed disavowal, to which I should put my name. A
Boston paper has declared that Mr. Adams "has no more concern in the
publication of the writings of Publicola, than the author of the Rights
of Man himself." If the equivoque here were not intended, the disavowal
is not entirely credited, because not from Mr. Adams himself, and because
the style and sentiments raise so strong a presumption. Besides, to
produce any effect he must disavow Davila and the Defence of the American
Constitutions. A host of writers have risen in favor of Paine, and prove
that in this quarter, at least, the spirit of republicanism is sound.
The contrary spirit of the high officers of government is more understood
than I expected. Colonel Hamilton avowing that he never made a secret of
his principles, yet taxes the imprudence of Mr. Adams in having stirred
the question, and agrees that "his business is done." Jay, covering the
same principles under the veil of silence, is rising steadily on the
ruins of his friends. The bank filled and overflowed in the moment it
was opened. Instead of twenty thousand shares, twenty-four thousand were
offered, and a great many unpresented, who had not suspected that so
much haste was necessary. Thus it is that we shall be paying thirteen
per cent. per annum for eight millions of paper money, instead of having
that circulation of gold and silver for nothing. Experience has proved to
us that a dollar of silver disappears for every dollar of paper emitted;
and, for the paper emitted from the bank, seven per cent. profits will
be received by the subscribers for it as bank paper, (according to the
last division of profits by the Philadelphia bank,) and six per cent.
on the public paper of which it is the representative. Nor is there any
reason to believe, that either the six millions of paper, or the two
millions of specie deposited, will not be suffered to be withdrawn, and
the paper thrown into circulation. The cash deposited by strangers for
safe keeping will probably suffice for cash demands. Very few subscribers
have offered from Virginia or North Carolina, which gives uneasiness to
H. It is impossible to say where the appetite for gambling will stop.
The land office, the federal town, certain schemes of manufacture, are
all likely to be converted into aliment for that rage; but this subject
is too copious for a letter, and must be reserved for conversation. The
respite from occupation which my journey procured, has entirely removed
my headaches. Kiss and bless Mrs. Monroe and Eliza, for, dear Sir, yours
affectionately.
TO COLONEL HUMPHREYS.
Philadelphia, July 13, 1791.
Sir,--Mr. Barclay having been detained longer than was expected, you will
receive this as well as my letter of May the 13th from him. Since the date
of that, I have received your No. 15, March the 31st, No. 16, April the
8th, No 17, April the 30th, No. 18, May the 3d, and No. 20, May the 21st.
You are not unacquainted with the situation of our captives at Algiers.
Measures were taken, and were long depending, for their redemption. During
the time of their dependence, we thought it would forward our success
to take no notice of the captives. They were maintained by the Spanish
consul, from whom applications for reimbursement, through Mr. Carmichael,
often came: no answer of any kind was ever given. A certainty now that our
measures for their redemption will not succeed, renders it unnecessary
for us to be so reserved on the subject, and to continue to wear the
appearance of neglecting them. Though the government might have agreed
to ransom at the lowest price admitted with any nation (as, for instance,
that of the French order of Merci), they will not give anything like the
price which has been lately declared to be the lowest by the captors.
It remains, then, for us to see what other means are practicable for
their recovery. In the meantime, it is our desire that the disbursements
hitherto made for their subsistence, by the Spanish consul or others,
be paid off, and that their future comfortable subsistence be provided
for. As to past disbursements, I must beg the favor of you to write to
Mr. Carmichael, that you are authorized to pay them off, pray him to let
you know their amount, and to whom payments are due. With respect to
future provision for the captives, I must put it into your hands. The
impossibility of getting letters to or from Mr. Carmichael, renders it
improper for us to use that channel. As to the footing on which they are
to be subsisted, the ration and clothing of a soldier would have been
a good measure, were it possible to apply it to articles of food and
clothing so extremely different as those used at Algiers. The allowance
heretofore made them by the Spanish consul might perhaps furnish a better
rule, as we have it from themselves, that they were then comfortably
subsisted. Should you be led to correspond with them at all, it had better
be with Captain O'Bryan, who is a sensible man, and whose conduct since
he has been there, has been particularly meritorious. It will be better
for you to avoid saying anything which may either increase or lessen their
hopes of ransom. I write to our bankers, to answer your drafts for these
purposes, and enclose you a duplicate to be forwarded with your first
draft. The prisoners are fourteen in number; their names and qualities as
follows: Richard O'Bryan and Isaac Stephens, captains; Andrew Montgomery
and Alexander Forsyth, mates; Jacob Tessanier, a French passenger; William
Patterson, Philip Sloan, Peleg Lorin, John Robertson, James Hall, James
Cathcart, George Smith, John Gregory, James Hermel, seamen. They have been
twenty-one or twenty-two.
We are in hourly expectation of hearing the event of General Scott's
irruption into the Indian country, at the head of between seven and
eight hundred mounted infantry. Perhaps it may yet be known in time
to communicate to you by this opportunity. Our bank was filled with
subscriptions the moment it was opened. Eight millions of dollars were the
whole permitted to be subscribed, of which two millions were deposited
in cash, the residue to be public paper. Every other symptom is equally
favorable to our credit.
The President has returned from his southern tour in good health. You will
receive herewith the newspapers up to the present date. I have the honor
to be, with great esteem, dear Sir, your most obedient, and most humble
servant.
TO JOHN ADAMS.
Philadelphia, July 17, 1791.
Dear Sir,--I have a dozen times taken up my pen to write to you, and as
often laid it down again, suspended between opposing considerations. I
determine, however, to write from a conviction that truth, between candid
minds, can never do harm. The first of Paine's pamphlets on the rights of
man, which came to hand here, belonged to Mr. Beckley. He lent it to Mr.
Madison, who lent it to me; and while I was reading it, Mr. Beckley called
on me for it, and, as I had not finished it, he desired me, as soon as I
should have done so, to send it to Mr. Jonathan B. Smith, whose brother
meant to reprint it. I finished reading it, and, as I had no acquaintance
with Mr. Jonathan B. Smith, propriety required that I should explain
to him why I, a stranger to him, sent him the pamphlet. I accordingly
wrote a note of compliment, informing him that I did it at the desire
of Mr. Beckley, and, to take off a little of the dryness of the note,
I added that I was glad it was to be reprinted here, and that something
was to be publicly said against the political heresies which had sprung
up among us, &c. I thought so little of this note, that I did not even
keep a copy of it; nor ever heard a tittle more of it, till, the week
following, I was thunderstruck with seeing it come out at the head of the
pamphlet. I hoped, however, it would not attract notice. But I found, on
my return from a journey of a month, that a writer came forward, under the
signature of Publicola, attacking not only the author and principles of
the pamphlet, but myself as its sponsor, by name. Soon after came hosts
of other writers, defending the pamphlet, and attacking you, by name, as
the writer of Publicola. Thus were our names thrown on the public stage as
public antagonists. That you and I differ in our ideas of the best form
of government, is well known to us both; but we have differed as friends
should do, respecting the purity of each other's motives, and confining
our difference of opinion to private conversation. And I can declare with
truth, in the presence of the Almighty, that nothing was further from my
intention or expectation than to have either my own or your name brought
before the public on this occasion. The friendship and confidence which
has so long existed between us, required this explanation from me, and
I know you too well to fear any misconstruction of the motives of it.
Some people here, who would wish me to be, or to be thought, guilty of
improprieties, have suggested that I was Agricola, that I was Brutus,
&c., &c. I never did in my life, either by myself or by any other, have
a sentence of mine inserted in a newspaper without putting my name to it;
and I believe I never shall.
While the Empress is refusing peace under a mediation, unless Ocrakow and
its territory be ceded to her, she is offering peace on the perfect statu
quo to the Porte, if they will conclude it without a mediation. France has
struck a severe blow at our navigation, by a difference of duty on tobacco
carried in our and their ships, and by taking from foreign-built ships
the capability of naturalization. She has placed our whale oil on rather
a better footing than ever, by consolidating the duties into a single one
of six livres. They amounted before to some sous over that sum. I am told
(I know not how truly), that England has prohibited our spermaceti oil
altogether, and will prohibit our wheat till the price there is fifty-two
shillings the quarter, which it almost never is. We expect hourly to hear
the true event of General Scott's expedition. Reports give favorable hopes
of it. Be so good as to present my respectful compliments to Mrs. Adams,
and to accept assurances of the sentiments of sincere esteem and respect
with which I am, dear Sir, your friend and servant.
TO GOUVERNEUR MORRIS.
Philadelphia, July 26, 1791.
Dear Sir,--Your favors of February the 26th, and March the 16th, have
been duly received. The conferences which you held last with the British
minister needed no apology. At the time of writing my letter desiring that
communications with them might cease, it was supposed possible that some
might take place before it would be received. They proved to be such as
not to vary the opinion formed, and, indeed, the result of the whole is
what was to have been expected from known circumstances. Yet the essay
was perhaps necessary to justify, as well as induce, the measures proper
for the protection of our commerce. The first remittance of a thousand
dollars to you, was made without the aid of any facts which could enable
the government to judge, what sum might be an indemnification for the
interference of the business referred to you, with your private pursuits.
Your letter of February the 26th furnishing grounds for correcting the
first judgment, I now enclose you a bill on our bankers in Holland for
another sum of a thousand dollars. In the original remittance, as in this
supplement to it, there has been no view but to do what is right between
the public and those who serve them.
Though no authentic account is yet received, we learn through private
channels that General Scott has returned from a successful expedition
against the Indians; having killed about thirty warriors, taken fifty odd
women and children prisoners, and destroyed two or three villages, without
the loss of a man, except three, drowned by accident. A similar expedition
was to follow immediately after the first, while preparations are making
for measures of more permanent effect; so that we hope this summer to
bring the Indians to accept of a just and general peace on which nothing
will be asked of them but their peace.
The crops of wheat in the United States are rather abundant, and the
quality good. Those of tobacco are not promising as yet. I have heard
nothing of the rice crops.
I am, with very great esteem, dear Sir, your most obedient, and most
humble servant.
TO WILLIAM SHORT.
Philadelphia, July 28, 1791.
Dear Sir,--Since my last I have received letters from you as follows:
* * * * *
Mine to you, unacknowledged, were of March the 8th, 12th, 15th, 19th,
April the 25th, and May the 10th. Your two last letters mention the length
of time you have been without intelligence, having then received mine of
January the 23d only. You will perceive by the above, that six letters
of a later date were on their way to you. The receipt of these, with the
newspapers, journals, laws, and other printed papers accompanying them,
will have relieved your anxiety, by answering several articles of your
former letters, and opening to you some new and important matters. I
scarcely ever miss the opportunity of a private vessel going from hence
or New York to any port of France, without writing to you and sending you
the newspapers; &c. In the winter, occasions are very rare, this port,
particularly, being blocked up with ice. The reason of so long an interval
between the last and present letter, has been the journey of a month,
which that informed you I was about to take. This is the first vessel
which has offered since my return; she is bound to Havre, and will carry
the newspapers as usual.
The difference of sixty-two livres ten sols the hogshead, established
by the National Assembly on tobacco brought in their and our ships, is
such an act of hostility against our navigation, as was not to have been
expected from the friendship of that nation. It is as new in its nature
as extravagant in its degree; since it is unexampled, that any nation
has endeavored to wrest from another the carriage of its own produce,
except in the case of their colonies. The British navigation act, so
much and so justly complained of, leaves to all nations the carriage of
their own commodities free. This measure, too, is calculated expressly to
take our own carriage from us and give the equivalent to other nations:
for it is well known, that the shipping of France is not equal to the
carriage of their whole commerce; but the freight in other branches of
navigation being on an equal footing with only forty livres the hogshead,
in ours, and this new arrangement giving them sixty-two livres ten sols
the hogshead, in addition to their freight, that is to say, one hundred
and two livres ten sols, instead of forty livres, their vessels will leave
every other branch of business to fill up this. They will consequently
leave a void in those other branches, which will be occupied by English,
Dutch, and Swedes, on the spot. They complain of our tonnage duty; but it
is because it is not understood. In the ports of France, we pay fees for
anchorage, buoys and beacons, fees to measurers, weighers and gaugers, and
in some countries, for light-houses. We have thought it better that the
public here should pay all these, and reimburse itself by a consolidation
of them into one fee, proportioned to the tonnage of the vessel, and
therefore called by that name. They complain that the foreign tonnage is
higher than the domestic. If this complaint had come from the English,
it would not have been wonderful, because the foreign tonnage operates
really as a tax on their commerce, which, under this name, is found to
pay sixteen dollars and fifty cents for every dollar paid by France. It
was not conceived, that the latter would have complained of a measure
calculated to operate so unequally on her rival, and I still suppose she
would not complain, if the thing were well understood. The refusing to
our vessels the faculty of becoming national bottoms, on sale to their
citizens, was never before done by any nation but England. I cannot help
hoping that these were wanderings of a moment, founded in misinformation,
which reflection will have corrected before you receive this.
Whenever jealousies are expressed as to any supposed views of ours, on
the dominion of the West Indies, you cannot go farther than the truth,
in asserting we have none. If there be one principle more deeply rooted
than any other in the mind of every American, it is, that we should
have nothing to do with conquest. As to commerce, indeed, we have strong
sensations. In casting our eyes over the earth, we see no instance of a
nation forbidden, as we are, by foreign powers, to deal with neighbors,
and obliged, with them, to carry into another hemisphere, the mutual
supplies necessary to relieve mutual wants. This is not merely a
question between the foreign power and our neighbor. We are interested
in it equally with the latter, and nothing but moderation, at least
with respect to us, can render us indifferent to its continuance. An
exchange of surplusses and wants between neighbor nations, is both a
right and a duty under the moral law, and measures against right should
be mollified in their exercise, if it be wished to lengthen them to the
greatest term possible. Circumstances sometimes require, that rights
the most unquestionable should be advanced with delicacy. It would seem
that the one now spoken of, would need only a mention, to be assented
to by any unprejudiced mind: but with respect to America, Europeans
in general, have been too long in the habit of confounding force with
right. The Marquis de La Fayette stands in such a relation between the
two countries, that I should think him perfectly capable of seeing what
is just as to both. Perhaps on some occasion of free conversation, you
might find an opportunity of impressing these truths on his mind, and that
from him, they might be let out at a proper moment as matters meriting
consideration and weight, when they shall be engaged in the work of
forming a constitution for our neighbors. In policy, if not in justice,
they should be disposed to avoid oppression, which, falling on us, as well
as on their colonies, might tempt us to act together.[5]
The element of measure adopted by the National Assembly excludes, _ipso
facto_, every nation on earth from a communion of measure with them; for
they acknowledge themselves, that a due portion for admeasurement of a
meridian crossing the forty-fifth degree of latitude, and terminating at
both ends in the same level, can be found in no other country on earth
but theirs. It would follow then, that other nations must trust to their
admeasurement, or send persons into their country to make it themselves,
not only in the first instance, but whenever afterwards they may wish to
verify their measures. Instead of concurring, then, in a measure which,
like the pendulum, may be found in every point of the forty-fifth degree,
and through both hemispheres, and consequently in all the countries of the
earth lying under that parallel, either northern or southern, they adopt
one which can be found but in a single point of the northern parallel,
and consequently only in one country, and that country is theirs.
I left with you a statement of the case of Schweighauser and Dobrée,
with the original vouchers on which it depends. From these you will have
known, that being authorized by Congress to settle this matter, I began
by offering to them an arbitration before honest and judicious men of a
neutral nation. They declined this, and had the modesty to propose an
arbitration before _merchants of their own town_. I gave them warning
then, that as the offer on the part of a sovereign nation to submit to a
private arbitration was an unusual condescendence, if they did not accept
it then, it would not be repeated, and that the United States would judge
the case for themselves hereafter. They continued to decline it, and the
case now stands thus. The territorial judge of France has undertaken
to call the United States to his jurisdiction, and has arrested their
property, in order to enforce appearance, and possess himself of a matter
whereon to found a decree; but no court can have jurisdiction over a
sovereign nation. This position was agreed to; but it was urged, that some
act of Mr. Barclay's had admitted the jurisdiction. It was denied that
there had been any such act by Mr. Barclay, and disavowed, if there was
one, as without authority from the United States, the property on which
the arrest was made, having been purchased by Dr. Franklin, and remaining
in his possession till taken out of it by the arrest. On this disavowal,
it was agreed that there could be no further contest, and I received
assurance that the property should be withdrawn from the possession of the
court by an evocation of the cause before the King's Council, on which,
without other proceedings, it should be delivered to the United States.
Applications were repeated as often as dignity or even decency would
permit; but it was never done. Thus the matter rests, and thus it is meant
it should rest. No answer of any kind is to be given to Schweighauser and
Dobrée. If they think proper to apply to their sovereign, I presume there
will be a communication either through you or their representative here,
and we shall have no difficulty to show the character of the treatment we
have experienced.
I will observe for your information, that the sustenance of our captives
at Algiers is committed to Colonel Humphreys.
You will be so kind as to remember, that your public account from the 1st
day of July, 1790, to the last of June, 1791, inclusive, is desired before
the meeting of Congress, that I may be able to lay before them the general
account of the foreign fund for that year.
General Scott has returned from a successful expedition against the
northern Indians, having killed thirty-two warriors, taken fifty-eight
women and children prisoners, and destroyed three towns and villages,
with a great deal of corn in grain and growth. A similar expedition was
to follow immediately, while preparation is making for measures of more
permanent effect; so that we may reasonably hope the Indians will be
induced to accept of peace which is all we desire.
Our funds have risen nearly to par. The eight millions for the bank was
subscribed as fast as it could be written, and that stock is now above
par. Our crops of wheat have been rather abundant, and of excellent
quality. Those of tobacco are not very promising as yet. The census is not
yet completed, but from what we hear, we may expect our whole numbers will
be nearer four than three millions. I inclose a sketch of the numbers as
far as we yet know them.
I am, with great and sincere esteem, dear Sir, your sincere friend and
servant.
FOOTNOTE:
[5] [This paragraph was in cypher, but an explication of it preserved
with the copy.]
TO MR. PAINE.
Philadelphia, July 29, 1791.
Dear Sir,--Your favor of Sept. 28th, 1790, did not come to my hands till
Feb. 11th, and I have not answered it sooner because it said you would
be here in the spring. That expectation being past, I now acknowledge the
receipt. Indeed I am glad you did not come away till you had written your
"Rights of Man." That has been much read here with avidity and pleasure.
A writer under the signature of Publicola has attacked it. A host of
champions entered the arena immediately in your defence. The discussion
excited the public attention, recalled it to the "Defence of the American
constitutions" and the "Discourses on Davila," which it had kindly passed
over without censure in the moment, and very general expressions of their
sense have been now drawn forth; and I thank God that they appear firm in
their republicanism, notwithstanding the contrary hopes and assertions
of a sect here, high in name but small in numbers. These had flattered
themselves that the silence of the people under the "Defence" and "Davila"
was a symptom of their conversion to the doctrine of king, lords, and
commons. They are checked at least by your pamphlet, and the people
confirmed in their good old faith.
Your observations on the subject of a copper coinage has satisfied my mind
on that subject, which I confess had wavered before between difficulties.
As a different plan is under consideration of Congress, and will be taken
up at their meeting, I think to watch the proper moment, and publish your
observations (except the notes which contain facts relative to particular
persons, which I presume you would dislike to see published, and which are
not necessary to establish the main object), adding your name, because it
will attract attention and give weight to the publication. As this cannot
take place under four months, there is time for you to forbid me, if it
should be disagreeable to you to have the observations published, which,
however, I hope it will not be.
General Scott has just returned from a successful expedition against the
Indians, having killed thirty-two warriors, and taken fifty-eight women
and children, and burnt several towns. I hope they will now consent to
peace, which is all we ask. Our funds are near par; the crops of wheat
remarkably fine; and a great degree of general prosperity arising from
four years successive of plentiful crops, a great diffusion of domestic
manufacture, a return to economy, and a reasonable faith in the new
government. I shall be happy to hear from you, and still more to see you,
being with great, and sincere esteem, dear Sir, your friend and servant.
TO THE PRESIDENT.
Philadelphia, July 30, 1791.
Sir,--I have the honor to inclose for your perusal, a letter which I have
prepared for Mr. Short.
The ill humor into which the French colonies are getting, and the little
dependence on the troops sent thither, may produce a hesitation in
the National Assembly as to the conditions they will impose in their
constitution. In a moment of hesitation, small matters may influence their
decision. They may see the impolicy of insisting on particular conditions,
which, operating as grievances on us, as well as on their colonists, might
produce a concert of action. I have thought it would not be amiss to trust
to Mr. Short the sentiments in the cyphered part of the letter, leaving
him to govern himself by circumstances, whether to let them leak out at
all or not, and whether so as that it may be known or remain unknown that
they come from us. A perfect knowledge of his judgment and discretion
leaves me entirely satisfied, that they will be not used, or so used as
events shall render proper. But if you think that the possibility that
harm may be done, overweighs the chance of good, I would expunge them,
as, in cases of doubt, it is better to say too little than too much.
I have the honor to be, with the most perfect respect and attachment, Sir,
your most obedient and most humble servant.
TO GENERAL KNOX.
Philadelphia, August 10, 1791.
Dear Sir,--I have now the honor to return you the petition of Mr. Moultrie
on behalf of the South Carolina Yazoo company. Without noticing that some
of the highest functions of sovereignty are assumed in the very papers
which he annexes as his justification, I am of opinion that government
should firmly maintain this ground; that the Indians have a right to
the occupation of their lands, independent of the States within whose
chartered lines they happen to be; that until they cede them by treaty
or other transaction equivalent to a treaty, no act of a State can give
a right to such lands; that neither under the present constitution, nor
the antient confederation, had any State or person a right to treat with
the Indians, without the consent of the General Government; that that
consent has never been given to any treaty for the cession of the lands
in question; that the government is determined to exert all its energy
for the patronage and protection of the rights of the Indians, and the
preservation of peace between the United States and them; and that if any
settlements are made on lands not ceded by them, _without the previous
consent of the United States_, the government will think itself bound,
not only to declare to the Indians that such settlements are without the
authority or protection of the United States, but to remove them also by
the public force.
It is in compliance with your request, my dear Sir, that I submit these
ideas to you, to whom it belongs to give place to them, or such others as
your better judgment shall prefer, in answer to Mr. Moultrie.
I have the honor to be, with sentiments of the most sincere and respectful
esteem, dear Sir, your most obedient and most humble servant.
TO COLONEL HARVIE.
Philadelphia, August 14, 1791.
Dear Sir,--Being charged with the preparation of a statement to Congress
of all their lands north of the Ohio, it becomes necessary for me to know
what quantity of lands was assigned to the Virginia Continental line
on the south side of the Ohio, say on the Cumberland, in satisfaction
of their claims of bounty lands against the Continent. If I can by any
means come at this quantity, by deducting it from the sum total of bounty
lands given to all the lines, which sum total I know, the residue will
be exactly what the army is entitled to on the north side of the Ohio.
I am in hopes your office can furnish me with this information, and am
to ask the favor of you to have it inquired into. All I wish is the _sum
total_ in lots located by the Virginia _Continental line_ south of the
Ohio. I suppose your office cannot inform me what was located for the
same line north of the Ohio, and therefore I do not ask it. The fees
of office for these researches, be so good as to inform me of, and they
shall be remitted you. As your answer cannot be here before my departure
for Virginia, I shall be glad to receive it there. If your office cannot
furnish the information, and you know where it may be obtained, I shall
consider it as a singular favor, if you will be so good as to put it for
me at once into its right channel. I am, with great esteem, dear Sir, your
sincere friend and humble servant.
TO MR. CARMICHAEL.
Philadelphia, August 24, 1791.
Sir,--Your letter of January 24, is still the only one received from you
within the period so often mentioned. Mine to you of the present year have
been of March 12 and 17, April 11, May 16, and June 23. I have lately
preferred sending my letters for you to Colonel Humphreys, in hopes he
might find means of conveying them to you. The subjects of those of the
12th and 17th of March are still pressed on you, and especially the first,
the great object of which cannot be delayed without consequences which
both nations should deprecate.
Mr. Jaudenes arrived here some time ago, and has been received as joint
commissioner with Mr. Viar. The concurring interests of Spain and this
country certainly require the presence of able and discreet ministers.
The crop of wheat of the present year has surpassed all expectation as
to quantity, and is of fine quality. Other articles of agriculture will
differ more by an extraordinary drought.
I enclose you a copy of our census, which, so far as it is written
in black ink, is founded on actual returns, what is in red ink being
conjectured, but very near the truth. Making very small allowance for
omissions, which we know to have been very great, we may safely say we
are above four millions.
Our first expedition against the Indians, under General Scott, has been
completely successful; he having killed thirty odd, taken fifty odd, and
burnt their towns. A second expedition against them has commenced, and we
expect daily the result.
The public credit continues firm. The domestic debt funded at six per
cent., is twelve and a half per cent. above par. A spirit, however, of
gambling in our public paper has seized on too many of our citizens, and
we fear it will check our commerce, arts, manufactures, and agriculture,
unless stopped.
Newspapers for you accompany this, addressed to the care of Colonel
Humphreys.
I am, with great esteem, Sir, your most obedient, and most humble servant.
TO SIR JOHN SINCLAIR.
Philadelphia, August 24, 1791.
Dear Sir,--I am to acknowledge the receipt of your two favors of December
25 and May 14, with the pamphlets which accompanied them, and to return
you my thanks for them. The Corn Law, I perceive, has not passed in the
form you expected. My wishes on that subject were nearer yours than you
imagined. We both in fact desired the same thing for different reasons,
respecting the interests of our respective countries, and therefore
justifiable in both. You wished the bill so moulded as to encourage
strongly your national agriculture. The clause for warehousing foreign
corn tended to lessen the confidence of the farmer in the demand for
his corn. I wished the clause omitted, that our corn might pass directly
to the country of the consumer, and save us the loss of an intermediate
deposit, which it can illy bear. That no commercial arrangements between
Great Britain and the United States have taken place, as you wish should
be done, cannot be imputed to us. The proposition has surely been often
enough made, perhaps too often. It is a happy circumstance in human
affairs, that evils which are not cured in one way will cure themselves
in some other.
We are now under the first impression of the news of the King's flight
from Paris, and his re-capture. It would be unfortunate were it in the
power of any one man to defeat the issue of so beautiful a revolution.
I hope and trust it is not, and that, for the good of suffering humanity
all over the earth, that revolution will be established and spread through
the whole world.
I shall always be happy, my dear Sir, to hear of your health and
happiness, being with sentiments of the most cordial esteem and respect,
dear Sir, your most obedient humble servant.
TO E. RUTLEDGE, ESQ.
Philadelphia, August 25, 1791.
My Dear Sir,--I have received your favor of the 7th, by Mr. Harper, and
that also by Mr. Butler. I thank you for both, and shall duly respect
both. I find by the last that, not your letter on the subject of British
commerce, but mine in answer to it, has miscarried. Yours was dated June
20, 1790, was received July 2, and answered July 4. I send you a copy of
the answer, which will read now like an old almanac; but it will show you
I am incapable of neglecting anything which comes from you. The measures
therein spoken of as in contemplation, for the purpose of bringing Great
Britain to reason, vanished in a reference of the subject to me to report
on our commerce and navigation generally, to the next session of Congress.
I have little hope that the result will be anything more than to turn the
left cheek to him who has smitten the right. We have to encounter not
only the prejudices in favor of England, but those against the Eastern
States, whose ships, in the opinion of some, will overrun our land. I have
been sorry to see that your State has been over-jealous of the measures
proposed on this subject, and which really tend to relieve them from the
effects of British broils. I wish you may be able to convert Mr. Barnwell,
because you think him worth converting. Whether you do or not, your
opinion of him will make me solicitous for his acquaintance, because I
love the good, and respect freedom of opinion. What do you think of this
scrippomony? Ships are lying idle at the wharfs, buildings are stopped,
capitals withdrawn from commerce, manufactures, arts, and agriculture
to be employed in gambling, and the tide of public prosperity almost
unparalleled in any country is arrested in its course, and suppressed by
the rage of getting rich in a day. No mortal can tell where this will
stop; for the spirit of gaming, when once it has seized a subject, is
incurable. The tailor who has made thousands in one day, though he has
lost them the next, can never again be content with the slow and moderate
earnings of his needle. Nothing can exceed the public felicity, if our
papers are to be believed, because our papers are under the orders of our
scripmen. I imagine, however, we shall hear that all the cash has quitted
the extremities of the nation, and accumulated here. That produce and
property fall to half price there, and the same things rise to double
price here. That the cash accumulated and stagnated here, as soon as
the bank paper gets out, will find its vent into foreign countries, and
instead of this solid medium, which we might have kept for nothing, we
shall have a paper one, for the use of which we are to pay these gamesters
fifteen per cent. per annum, as they say.
Would to God yourself, General Pinckney and Major Pinckney, would come
forward and aid us with your efforts. You are all known, respected, wished
for; but you refuse yourselves to everything. What is to become of us, my
dear friend, if the vine and the fig tree withdraw, and leave us to the
bramble and thorn?
You will have heard before this reaches you, of the peril into which the
French revolution is brought by the flight of their King. Such are the
fruits of that form of government, which heaps importance on idiots,
and of which the Tories of the present day are trying to preach into
our favor. I still hope the French revolution will issue happily. I feel
that the permanence of our own, leans in some degree on that; and that
a failure there would be a powerful argument to prove there must be a
failure here. We have been told that a British minister would be sent
out to us this summer. I suspect this depends on the event of peace or
war. In the latter case, they will probably send one; but they have no
serious view of treating or fulfilling treaties. Adieu, my dear Sir. Yours
affectionately.
TO MESSRS. JOHNSON, STUART, AND CARROL.
Philadelphia, August 28, 1791.
Gentlemen,--Your joint letter of the 2d instant to the President, as
also Mr. Carrol's separate letters of the 5th and 15th, have been duly
received. Major L'Enfant also having arrived here and laid his plan of the
Federal City before the President, he was pleased to desire a conference
of certain persons, in his presence, on these several subjects. It is
the opinion of the President, in consequence thereof, that an immediate
meeting of the Commissioners at Georgetown is requisite; that certain
measures may be decided on, and put into a course of preparation for
a commencement of sale on the 17th of October, as advertised. As Mr.
Madison and myself, who were present at the conference, propose to pass
through Georgetown on our way to Virginia, the President supposes that
our attendance at the meeting of the Commissioners might be of service
to them, as we could communicate to them the sentiments developed at the
conferences here and approved by the President, under whatever point of
view they may have occasion to know them. The circumstances of time and
distance oblige me to take the liberty of proposing the day of meeting,
and to say that we will be in Georgetown on the evening of the 7th or
morning of the 8th of the next month, in time to attend any meeting of the
Commissioners on that day, and in hopes they may be able, in the course
of it, to make all the use of us they may think proper, so that we may
pursue our journey the next day. To that meeting, therefore, the answers
to the several letters before mentioned are referred.
This letter is addressed to Mr. Carrol only, with a requisition to the
Postmaster at Georgetown to send it to him by express, under the hope that
it will, by expresses to the other gentlemen, take timely measures for
the proposed meeting on the 8th.
I have the honor to be, with sentiments of the highest respect and esteem,
Gentlemen, your most obedient, and most humble servant.
TO WILLIAM SHORT.
Philadelphia, August 29, 1791.
Dear Sir,--I am to acknowledge the receipt of your No. 67, June the 6th,
No. 68, June the 10th, No. 69, June the 22d, No. 70, June the 26th, No.
71, June the 29th; the three last by the British packet. My last to you
was of July the 28th, by a vessel bound to Havre. This goes to the same
port, because accompanied by newspapers. It will be the last I shall write
you these two months, as I am to set out for Virginia the next week. I
now enclose you a copy of my letter of March the 12th, to Mr. Carmichael,
which you say was not in that of the same date to you. There was no paper
to accompany it but St. Marie's, which you say you received. I enclose you
also a copy of our census, written in black ink, so far as we have actual
returns, and supplied by conjecture in red ink, where we have no returns;
but the conjectures are known to be very near the truth. Making very small
allowance for omissions, which we know to have been very great, we are
certainly above four millions, probably about four millions one hundred
thousand.
There is a vessel now lying at Philadelphia, advertising to receive
emigrants to Louisiana, gratis, on account of the Spanish government. Be
so good as to mention this to M. de Montmorin, who will be a judge what
we must feel under so impudent a transaction.
You observe, that if Drost does not come, you have not been authorized to
engage another coiner. If he does not come, there will probably be one
engaged here. If he comes, I should think him a safe hand to send the
diplomatic dye by, as also all the dyes of our medal, which may be used
here for striking off what shall be wanting hereafter. But I would not
have them trusted at sea, but from April to October inclusive. Should you
not send them by Drost, Havre will be the best route. I have not spoken
with the Secretary of the Treasury yet, on the subject of the presses,
but believe you may safely consider two presses as sufficient for us, and
agree for no more without a further request.
The decree of the National Assembly, relative to tobacco carried in
French or American ships, is likely to have such an effect in our ports,
as to render it impossible to conjecture what may or may not be done.
It is impossible to let it go on without a vigorous correction. If that
should be administered on our part, it will produce irritation on both
sides, and lessen that disposition which we feel cordially to concur in
a treaty, which shall melt the two nations as to commercial matters into
one, as nearly as possible. It is extremely desirable, that the National
Assembly should themselves correct the decree, by a repeal founded on the
expectation of an arrangement.
We have, as yet, no news of the event of our second expedition against
the Indians.
I am, with great and sincere esteem, dear Sir, your friend and servant.
TO M. LA MOTTE.
Philadelphia, August 30, 1791.
Sir,--I am now to acknowledge the receipt of your favors of February the
9th, March the 25th, and April the 24th; as also of the several packages
of wine, carriages, &c., which came safe to hand, and for your care of
which be pleased to accept my thanks.
I am sensible of the difficulties to which our consuls are exposed by
the applications of sailors, calling themselves Americans. Though the
difference of dialect between the Irish and Scotch, and the Americans, is
sensible to the ear of a native, it is not to that of a foreigner, however
well he understands the language; and between the American and English
(unless of particular provinces) there is no difference sensible even to a
native. Among hundreds of applications to me, at Paris, nine-tenths were
Irish, whom I readily discovered. The residue, I think, were English;
and I believe not a single instance of a Scotchman or American. The
sobriety and order of the two last, preserve them from want. You will
find it necessary, therefore, to be extremely on your guard against
these applications. The bill of expenses for Huls is much beyond those
aids which I should think myself authorized to have advanced habitually,
until the law shall make express provision for that purpose. I must,
therefore, recommend to you, to hazard only small sums in future, until
our legislature shall lay down more precise rules for my government.
The difference of duty on tobacco carried to France in French and American
bottoms, has excited great uneasiness. We presume the National Assembly
must have been hurried into the measure, without being allowed time to
reflect on its consequences. A moment's consideration must convince
anybody, that no nation upon earth ever submitted to so enormous an
assault on the transportation of their own produce. Retaliation, to be
equal, will have the air of extreme severity and hostility. Such would be
an _additional tonnage_ of twelve livres ten sous the ton burthen, on all
_French_ ships entering our ports. Yet this would but exactly balance an
_additional duty_ of six livres five sous the hogshead of tobacco, brought
in _American ships_ entering in the ports of France. I hope, either that
the National Assembly will repeal the measure, or the proposed treaty
be so hastened, as to get this matter out of the way before it shall be
necessary for the ensuing legislature to act on it. Their measure, and
our retaliation on it, which is unavoidable, will very illy prepare the
minds of both parties for a liberal treaty. My confidence in the friendly
dispositions of the National Assembly, and in the sincerity of what
they have expressed on the subject, induce me to impute it to surprise
altogether, and to hope it will be repealed before time shall be given to
take it up here.
I have the honor to be, with great esteem, Sir, your most obedient humble
servant.
TO GOUVERNEUR MORRIS.
Philadelphia, August 30, 1791.
Dear Sir,--My letter of July the 26th covered my first of exchange for
a thousand dollars, and though that went by so sure an opportunity as to
leave little doubt of its receipt, yet, for greater security, I enclose
a second.
The tranquillity of our country leaves us nothing to relate, which may
interest a mind surrounded by such buoyant scenes as yours. No matter; I
will still tell you the charming though homespun news, that our crops of
wheat have been abundant and of superior quality; that very great though
partial drought has destroyed the crops of hay to the north, and corn to
the south; that the late rains may recover the tobacco to a middling crop,
and that the fields of rice are promising.
I informed you in my last, of the success of our first expedition against
the Indians. A second has gone against them, the result of which is not
yet known. Our public credit is good, but the abundance of paper has
produced a spirit of gambling in the funds, which has laid up our ships
at the wharves, as too slow instruments of profit, and has even disarmed
the hand of the tailor of his needle and thimble. They say the evil will
cure itself. I wish it may; but I have rarely seen a gamester cured, even
by the disasters of his vocation. Some new indications of the ideas with
which the British cabinet are coming into treaty, confirm your opinions,
which I know to be right, but the Anglomany of some would not permit them
to accede to.
Adieu, my dear Sir. Your affectionate humble servant.
TO BENJ. BANNEKER.
Philadelphia, August 30, 1791.
Sir,--I thank you sincerely for your letter of the 19th instant, and for
the Almanac it contained. Nobody wishes more than I do to see such proofs
as you exhibit, that nature has given to our black brethren, talents equal
to those of the others colors of men, and that the appearance of a want of
them is owing merely to the degraded condition of their existence, both
in Africa and America. I can add with truth, that nobody wishes more
ardently to see a good system commenced for raising the condition both
of their body and mind to what it ought to be, as fast as the imbecility
of their present existence, and other circumstances which cannot be
neglected, will admit. I have taken the liberty of sending your Almanac
to Monsieur de Condorcet, Secretary of the Academy of Sciences at Paris,
and member of the Philanthropic society, because I considered it as a
document to which your color had a right for their justification against
the doubts which have been entertained of them. I am, with great esteem,
Sir, your most obedient humble servant.
TO JOHN ADAMS.
Philadelphia, August 30, 1791.
My Dear Sir,--I received some time ago your favor of July 29, and was
happy to find that you saw in its true point of view the way in which I
had been drawn into the scene, which must have been so disagreeable to
you. The importance which you still seem to allow to my note, and the
effect you suppose it to have had, though unintentional in me, induces
me to show you that it really had no effect. Paine's pamphlet, with my
note, was published here about the second week in May. Not a word ever
appeared in the public papers here on the subject for more than a month;
and I am certain not a word on the subject would ever have been said, had
not a writer, under the name of Publicola, at length undertaken to attack
Mr. Paine's principles, which were the principles of the citizens of the
United States. Instantly a host of writers attacked Publicola in support
of those principles. He had thought proper to misconstrue a figurative
expression in my note; and these writers so far noticed me as to place the
expression in its true light. But this was only an incidental skirmish
preliminary to the general engagement, and they would not have thought
me worth naming, had not he thought proper to bring me on the scene. His
antagonists, very criminally, in my opinion, presumed you to be Publicola,
and on that presumption hazarded a personal attack on you. No person saw
with more uneasiness than I did, this unjustifiable assault; and the more
so, when I saw it continued after the printer had declared you were not
the author. But you will perceive from all this, my dear Sir, that my
note contributed nothing to the production of these disagreeable pieces.
As long as Paine's pamphlet stood on its own feet and on my note, it was
unnoticed. As soon as Publicola attacked Paine, swarms appeared in his
defence. To Publicola, then, and not in the least degree to my note, this
whole contest is to be ascribed and all its consequences.
You speak of the execrable paragraph in the Connecticut papers. This,
it is true, appeared before Publicola; but it had no more relation to
Paine's pamphlet and my note, than to the Alcoran. I am satisfied the
writer of it had never seen either; for when I passed through Connecticut
about the middle of June, not a copy had ever been seen by anybody,
either in Hartford or New Haven, nor probably in that whole State; and
that paragraph was so notoriously the reverse of the disinterestedness
of character which you are known to possess by everybody who knows your
name, that I never heard a person speak of the paragraph, but with an
indignation in your behalf which did you entire justice. This paragraph,
then, certainly did not flow from my note, any more than the publications
which Publicola produced. Indeed it was impossible that my note should
occasion your name to be brought into question; for so far from naming
you, I had not even in view any writing which I might suppose to be
yours, and the opinions I alluded to were principally those I had heard
in common conversation from a sect aiming at the subversion of the present
government to bring in their favorite form of a king, lords and commons.
Thus I hope, my dear Sir, that you will see me to have been as ignorant
_in effect_ as I was in intention. I was brought before the public without
my own consent, and from the first moment of seeing the effect of the real
aggression in this business to keep me before the public, I determined
that nothing should induce me to put pen to paper in the controversy.
The business is now over, and I hope its effects are over, and that our
friendship will never be suffered to be committed, whatever use others
may think proper to make of our names.
The event of the King's flight from Paris and his recapture, will have
struck you with its importance. It appears, I think, that the nation is
firm within, and it only remains to see whether there will be any movement
from without. I confess I have not changed my confidence in the favorable
issue of that revolution, because it has always rested on my own ocular
evidence of the unanimity of the nation, and wisdom of the patriotic party
in the National Assembly. The last advices render it probable that the
Emperor will recommence hostilities against the Porte. It remains to see
whether England and Prussia will take a part. Present me to Mrs. Adams
with all the affections I feel for her, and be assured of those devoted
to yourself by, my dear Sir, your sincere friend and servant.
TO ADMIRAL PAUL JONES.
Philadelphia, August 31, 1791.
Dear Sir,--I am to acknowledge the receipt of your favor of March 20th,
with the several papers it enclosed, which were duly communicated to the
President. No proof was necessary to satisfy us here of your good conduct
everywhere. In answer to your request to obtain and transmit the proper
authority of the United States for your retaining the order of St. Anne,
conferred on you by the Empress, I can only say that the Executive of our
Government are not authorized either to grant or refuse the permission
you ask, and consequently cannot take on themselves to do it. Whether the
Legislature would undertake to do it or not, I cannot say. In general,
there is an aversion to meddle with anything of that kind here. And the
event would be so doubtful that the Executive would not commit themselves
by making the proposition to the Legislature.
Our new Constitution works well, and gives general satisfaction Public
credit is high. We have made a successful expedition against the Indians
this summer, and another is gone against them, and we hope will induce
them to peace. A census of our numbers, taken this summer, gives us reason
to believe we are about four millions of all ages and sexes. A state of
tranquil prosperity furnishing no particular and interesting events to
communicate to you, I have only to add assurances of the constant esteem
and attachment of, dear Sir, your most obedient humble servant.
TO MONSIEUR DE TERNANT, _Minister Plenipotentiary of France_.
Philadelphia, September 1, 1791.
Sir,--I have communicated to the President what passed between us the
other day, on the subject of the payments made to France by the United
States in the _assignats_ of that country, since they have lost their par
with gold and silver; and after conferences, by his instruction, with
the Secretary of the Treasury, I am authorized to assure you, that the
government of the United States have no idea of paying their debt in a
depreciated medium, and that in the final liquidation of the payments
which shall have been made, due regard will be had to an equitable
allowance for the circumstance of depreciation.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Sir, your most obedient, and most humble servant.
TO T. NEWTON.
Georgetown, September 8, 1791.
Dear Sir,--I was in the moment of my departure from Philadelphia, for
Virginia, when I received your favor, inquiring how far the law of nations
is to govern in proceedings respecting foreign consuls.
The law of nations does not of itself extend to consuls at all. They are
not of the diplomatic class of characters, to which alone that law extends
of right. Convention, indeed, may give it to them, and sometimes has done
so; but in that case, the convention can be produced. In ours with France,
it is expressly declared that consuls shall not have the privileges of
that law, and we have no convention with any other nation.
Congress have had before them a bill on the subject of consuls, but have
not as yet passed it. Their code then furnishes no law to govern these
cases.
Consequently, _they are to be decided by the State laws alone_. Some of
these, I know, have given certain privileges to consuls; and I think those
of Virginia did at one time. Of the extent and continuance of those laws,
you are a better judge than I am.
Independently of law, consuls are to be considered as distinguished
foreigners, dignified by a commission from their sovereign, and specially
recommended by him to the respect of the nation with whom they reside.
They are subject to the laws of the land, indeed, precisely as other
foreigners are, a convention, where there is one, making a part of the
laws of the land: but if at any time, their conduct should render it
necessary to assert the authority of the laws over them, the rigor of
those laws should be tempered by our respect for their sovereign, as far
as the case will admit. This moderate and respectful treatment towards
foreign consuls, it is my duty to recommend and press on our citizens,
because I ask it for their good towards our own consuls, from the people
with whom they reside.
In what I have said, I beg leave to be understood as laying down general
principles only, and not as applying them to the facts which may have
arisen. Before such application, those facts should be heard from all
whom they interest. You, who have so heard them, will be able to make the
application yourself, and that, not only in the present, but in future
cases.
I have the honor to be, with great esteem, your most obedient humble
servant.
TO MR. HAMMOND.
October 26, 1791.
Mr. Jefferson has the honor of presenting his compliments to Mr. Hammond,
of expressing his regrets that he happened to be from home when Mr.
Hammond did him the honor of calling on him, and was equally unlucky in
not finding him at home when he waited on him on Monday. Being informed
by Mr. Bond, that Mr. Hammond is charged with a public mission to
the government of the United States, relative to which some previous
explanations might be proper, Mr. Jefferson has the honor to assure
Mr. Hammond, he shall be ready to receive any communications and enter
into explanations, either formally or informally, as Mr. Hammond shall
choose, and at any time suitable to him. He recollects with pleasure
his acquaintance with Mr. Hammond in Paris, and shall be happy in every
opportunity of rendering him such offices and attentions as may be
acceptable to him.
TO J. MADISON.
November 1, 1791.
In my report on How's case, where I state that it should go to the
President, it will become a question with the House whether they shall
refer it to the President themselves, or give it back to the petitioner,
and let him so address it, as he ought to have done at first. I think
the latter proper, 1, because it is a case belonging purely to the
Executive; 2, the legislature should never show itself in a matter with
a foreign nation, but where the case is very serious and they mean to
commit the nation on its issue; 3, because if they indulge individuals in
handing through the legislature their applications to the Executive, all
applicants will be glad to avail themselves of the weight of so powerful
a solicitor. Similar attempts have been repeatedly made by individuals to
get the President to hand in their petitions to the legislature, which he
has constantly refused. It seems proper that every person should address
himself directly to the department to which the constitution has allotted
his case; and that the proper answer to such from any other department is,
"that it is not to us that the constitution has assigned the transaction
of this business." I suggest these things to you, that they may appear to
you to be right this kind of business may in the first instance be turned
into its proper channel.
TO THE PRESIDENT.
November 6, 1791.
Sir,--I have the honor to enclose you the draught of a letter to Governor
Pinckney, and to observe, that I suppose it to be proper that there
should, on fit occasions, be a direct correspondence between the President
of the United States and the Governors of the States; and that it will
probably be grateful to them to receive from the President, answers to
the letters they address to him. The correspondence with them on ordinary
business, may still be kept up by the Secretary of State, in his own name.
I enclose also a letter to Major Pinckney, with a blank to be filled up,
when you shall have made up your mind on it. I have conferred with Mr.
M. on the idea of the commissioners of the federal town proceeding to
make private sales of the lots, and he thinks it advisable. I cannot but
repeat, that if the surveyors will begin on the river, laying off the lots
from Rock Creek to the Eastern Branch, and go on abreast, in that way,
from the river towards the back part of the town, they may pass the avenue
from the President's house to the capitol, before the spring; and as
soon as they shall have passed it, a public sale may take place, without
injustice to either the Georgetown or Carrolsburg interest. Will not the
present afford you a proper occasion of assuring the commissioners, that
you leave everything respecting L'Enfant to them?
I have the honor to be, with the most sincere respect, Sir, your most
obedient humble servant.
TO MAJOR THOMAS PINCKNEY.
Philadelphia, November 6, 1791.
Sir,--The mission of a Minister Plenipotentiary to the court of London
being now to take place, the President of the United States is desirous of
availing the public of your services in that office. I have it in charge,
therefore, from him, to ask whether it will be agreeable that he should
nominate you for that purpose to the Senate. We know that higher motives
will alone influence your mind in the acceptance of this charge. Yet it
is proper, at the same time, to inform you, that as a provision for your
expenses in the exercise of it, an outfit of nine thousand dollars is
allowed, and an annual salary to the same amount, payable quarterly. On
receiving your permission, the necessary orders for these sums, together
with your credentials, shall be forwarded to you, and it would be expected
that you should proceed on the mission as soon as you can have made those
arrangements for your private affairs, which such an absence may render
indispensable. Let me only ask the favor of you to give me an immediate
answer, and by duplicate, by sea and post, that we may have the benefit of
both chances for receiving it as early as possible. Though I have not the
honor of a personal acquaintance with you, yet I beg you to be assured,
that I feel all that anxiety for your entrance on this important mission,
which a thorough conviction of your fitness for it can inspire; and that
in its relations with my office, I shall always endeavor to render it as
agreeable to you as possible.
I have the honor to be, with sentiments of the highest respect and esteem,
Sir, your most obedient humble servant.
TO THE PRESIDENT.
Philadelphia, November 7, 1791.
Sir,--I have duly considered the letter you were pleased to refer to me,
of the 18th of August, from his Excellency Governor Pinckney to yourself,
together with the draught of one proposed to be written by him to the
Governor of Florida, claiming the re-delivery of certain fugitives from
justice, who have been received in that country. The inconveniences of
such a receptacle for debtors and malefactors in the neighborhood of the
southern States, are obvious and great, and I wish the remedy were as
certain and short as the latter seems to suppose.
The delivery of fugitives from one country to another, as practised by
several nations, is in consequence of conventions settled between them,
defining precisely the cases wherein such deliveries shall take place.
I know that such conventions exist between France and Spain, France and
Sardinia, France and Germany, France and the United Netherlands; between
the several sovereigns constituting the Germanic body, and, I believe,
very generally between co-terminous States on the continent of Europe.
England has no such convention with any nation, and their laws have given
no power to their executive to surrender fugitives of any description;
they are, accordingly, constantly refused, and hence England has been the
asylum of the Paolis, the La Mottes, the Calonnes, in short, of the most
atrocious offenders as well as the most innocent victims, who have been
able to get there.
The laws of the United States, like those of England, receive every
fugitive, and no authority has been given to our executives to deliver
them up. In the case of Longchamp, a subject of France, a formal demand
was made by the minister of France, and was refused. He had, indeed,
committed an offence within the United States; but he was not demanded as
a criminal but as a subject.
The French government has shown great anxiety to have such a convention
with the United States, as might authorize them to command their subjects
coming here; they got a clause in the consular convention signed by Dr.
Franklin and the Count de Vergennes, giving their consuls a right to take
and send back captains of vessels, mariners and _passengers_. Congress saw
the extent of the word _passengers_, and refused to ratify the convention;
a new one was therefore formed, omitting that word. In fact, however
desirable it be that the perpetrators of crimes, acknowledged to be such
by all mankind, should be delivered up to punishment, yet it is extremely
difficult to draw the line between those and acts rendered criminal
by tyrannical laws only; hence the first step always, is a convention
defining the cases where a surrender shall take place.
If, then, the United States could not deliver up to Governor Quesada,
a fugitive from the laws of his country, we cannot claim as a right the
delivery of fugitives from us; and it is worthy consideration, whether
the demand proposed to be made in Governor Pinckney's letter, should it
be complied with by the other party, might not commit us disagreeably,
perhaps dishonorably in event; for I do not think we can take for granted,
that the legislature of the United States will establish a convention for
the mutual delivery of fugitives; and without a reasonable certainty that
they will, I think we ought not to give Governor Quesada any grounds to
expect, that in a similar case, we would re-deliver fugitives from his
government.
I have the honor to be, with the most profound respect and attachment,
Sir, your most obedient, and most humble servant.
TO MESSRS. JOHNSON, STEWART AND CARROL.
Philadelphia, November 21, 1791.
Gentlemen,--A Mr. Blodget has a scheme in contemplation for purchasing
and _building_ a whole street in the new city, and any one of them which
you may think best. The magnitude of the proposition occasioned it to
be little attended to in the beginning. However, great as it is, it is
believed by good judges to be practicable. It may not be amiss, therefore,
to be ready for it. The street most desirable to be built up at once,
we suppose to be a broad one, (the avenue,) leading from the President's
house to the Capitol. To prepare the squares adjoining to that, on both
sides, in the first place, can do no harm; because, if Mr. Blodget's
scheme does not take effect, still it is a part of a work done, which
was to be done; if his scheme takes effect, you will be in readiness for
him, which would be desirable. The President, therefore, desires me to
suggest to you the beginning at once on that avenue, and when all the
squares on that shall be laid off, they may go on laying off the rest of
the squares between that and the river, from Georgetown to the eastern
branch, according to an idea he has suggested to you in a letter not long
since. This, however, is but a suggestion for the good of the undertaking,
on which you will decide as you think proper. I have the honor to be,
gentlemen, your most obedient, and most humble servant.
TO MR. ELLICOTT.
Philadelphia, November 21, 1791.
Dear Sir,--It is excessively desirable that an extensive sale of lots in
Washington should take place as soon as possible. It has been recommitted
to the commissioners to have all the squares adjacent to the avenue from
the President's house to the Capitol, on both sides, and from thence to
the river, through the whole breadth of the ground between Rock Creek and
Eastern Branch, first laid off; the object of the present is to ask your
_private_ opinion of the earliest time at which this portion of the work
can be completed, which I will beg the favor of you to communicate to me
by letter. In order that the sale may not be delayed by the engraving,
it is hoped that by communicating what is executed from time to time, the
engraver may nearly keep pace with you.
I am, with great esteem, dear Sir, your most obedient servant.
TO WILLIAM SHORT.
Philadelphia, November 24, 1791.
Dear Sir,--My last to you was of August the 29th, acknowledging the
receipt of your Nos. 67, 68, 69, 70, 71, and informing you I was about
setting out to Virginia, and should not again write to you till my return.
Only one vessel has sailed from hence to Havre since my return, and my
notice of her departure was so short, that I could not avail myself of
it. Your Nos. 72, 73, 74, 75, 78, came here during my absence, and 79,
80, were received October the 28th. The Nos. 76 and 77 seem to be missing.
You mention that Drost wishes the devices of our money to be sent to him,
that he may engrave them there. This cannot be done, because not yet
decided on. The devices will be fixed by the law which shall establish
the mint. M. de Ternant tells me he has no instructions to propose to us
the negotiation of a commercial treaty, and that he does not expect any.
I wish it were possible to draw that negotiation to this place. In your
letter of July the 24th, is the following paragraph. "It is published
in the English newspapers, that war is inevitable between the United
States and Spain, and that preparations are making for it on both sides.
M. de Montmorin asked me how the business stood at present, and seemed
somewhat surprised at my telling him, that I knew nothing later than
what I had formerly mentioned to him. I have, in more than one instance,
experienced the inconvenience of being without information. In this, it is
disagreeable, as it may have the appearance with M. de Montmorin, of my
having something to conceal from him, which not being the case, it would
be wrong that he should be allowed to take up such an idea. I observed,
that I did not suppose there was any new circumstance, as you had not
informed me of it." Your observation was certainly just. It would be
an Augean task for me to go through the London newspapers, and formally
contradict all their lies, even those relating to America. On our side,
there having been certainly no preparations for war against Spain; nor
have I heard of any on their part, but _in the London newspapers_. As to
the progress of the negotiation, I know nothing of it but from you; having
never had a letter from Mr. Carmichael on the subject. Our best newspapers
are sent you from my office with scrupulous exactness, by every vessel
sailing to Havre or any other convenient port of France. On these I rely
for giving you information of all the facts possessed by the public; and
as to those not possessed by them, I think there has not been a single
instance of my leaving you uninformed of any of them which related to
the matters under your charge. In Freneau's paper of the 21st instant,
you will see a small essay on population and emigration, which I think it
would be well if the news writers of Paris would translate and insert in
their papers. The sentiments are too just not to make impression.
Some proceedings of the assembly of St. Domingo have lately taken place,
which it is necessary for me to state to you exactly, that you may be able
to do the same to M. de Montmorin. When the insurrection of their negroes
assumed a very threatening appearance, the Assembly sent a deputy here to
ask assistance of military stores and provisions. He addressed himself to
M. de Ternant, who (the President being then in Virginia, as I was also)
applied to the Secretaries of the Treasury and War. They furnished one
thousand stand of arms, other military stores, and placed forty thousand
dollars in the treasury, subject to the order of M. de Ternant, to be
laid out in provisions, or otherwise, as he should think best. He sent
the arms and other military stores; but the want of provisions did not
seem so instantaneous as to render it necessary, in his opinion, to send
any at that time. Before the vessel arrived in St. Domingo, the Assembly,
further urged by the appearance of danger, sent two deputies more, with
larger demands, viz., eight thousand fusils and bayonets, two thousand
mousquators, three thousand pistols, three thousand sabres, twenty-four
thousand barrels of flour, four hundred thousand livres worth of Indian
meal, rice, peas, and hay, and a large quantity of plank, &c. to repair
the buildings destroyed. They applied to M. de Ternant, and then with
his consent to me, he and I having previously had a conversation on the
subject. They proposed to me, first, that we should supply those wants
from the money we owed France; or secondly, from the bills of exchange
which they were authorized to draw on a particular fund in France; or
thirdly, that we would guarantee their bills, in which case they could
dispose of them to merchants, and buy the necessaries themselves. I
convinced them the two latter alternatives were beyond the powers of
the executive, and the first could only be done with the consent of the
minister of France. In the course of our conversation, I expressed to
them our sincere attachment to France and all its dominions, and most
especially to them who were our neighbors, and whose interests had some
common points of union with ours in matters of commerce; that we wished,
therefore, to render them every service they needed, but that we could
not do it in any way disagreeable to France; that they must be sensible,
that M. de Ternant might apprehend that jealousy would be excited by
their addressing themselves directly to foreign powers, and therefore,
that a concert with him in their applications to us, was essential. The
subject of independence, and their views towards it having been stated in
the public papers, this led our conversation to it; and I must say, they
appeared as far from these views as any persons on earth. I expressed
to them freely my opinion, that such an object was neither desirable on
their part, nor attainable; that, as to ourselves, there was one case
which would be peculiarly alarming to us, to wit, were there a danger of
their falling under any other power; that we conceived it to be strongly
our interests, that they should retain their connection with the mother
country; that we had a common interest with them, in furnishing them
the necessaries of life in exchange for sugar and coffee for our own
consumption, but that I thought we might rely on the justice of the
mother country towards them, for their obtaining this privilege; and on
the whole, let them see that nothing was to be done, but with the consent
of the minister of France. I am convinced myself that their views and
their application to us are perfectly innocent; however, M. de Ternant,
and still more, M. de La Forest, are jealous. The deputies, on the other
hand, think that M. de Ternant is not sensible enough of their wants. They
delivered me sealed letters to the President and to Congress. That to the
President contained only a picture of their distresses, and application
for relief. That to Congress, I know no otherwise than through the
public papers. The Senate read it, and sent it to the Representatives,
who read it, and have taken no other notice of it. The line of conduct I
pursue is, to persuade these gentlemen to be contented with such moderate
supplies, from time to time, as will keep them from real distress, and
to wait with patience for what would be a surplus, till M. de Ternant can
receive instructions from France, which he has reason to expect within a
few weeks; and I encourage the latter gentleman even to go beyond their
absolute wants of the moment, so far as to keep them in good humor. He
is accordingly proposing to lay out ten thousand dollars for them, for
the present. It would be ridiculous in the present case, to talk about
forms. There are situations when form must be dispensed with. A man
attacked by assassins will call for help to those nearest him, and will
not think himself bound to silence till a magistrate may come to his aid.
It would be unwise in the highest degree, that the colonists should be
disgusted with either France or us; for it might then be made to depend
on the moderation of another power, whether what appears a chimera might
not become a reality. I have thought it necessary to go thus fully into
this transaction, and particularly as to the sentiments I have expressed
to them, that you may be enabled to place our proceedings in their true
light.
Our Indian expeditions have proved successful. As yet, however, they
have not led to peace. Mr. Hammond has lately arrived here as Minister
Plenipotentiary from the court of London, and we propose to name one
to that court in return. Congress will probably establish the ratio of
representation by a bill now before them, at one representative for every
thirty thousand inhabitants. Besides the newspapers, as usual, you will
receive herewith the census lately taken, by towns and counties as well
as by States.
I am, with great and sincere esteem, dear Sir, your most obedient, and
most humble servant.
TO MR. HUMPHREYS.
Philadelphia, November 29, 1791.
Dear Sir,--My last to you was of August 23, acknowledging the receipt
of your Nos. 19, 21, and 22. Since that, I have received from 23 to 33
inclusive. In mine, I informed you I was about setting out for Virginia,
and consequently should not write to you till my return. This opportunity,
by Captain Wicks, is the first since my return.
The party which had gone, at the date of my last, against the Indians
north of the Ohio, were commanded by General Wilkinson, and were as
successful as the first, having killed and taken about eighty persons,
burnt some towns, and lost, I believe, not a man. As yet, however, it
has not produced peace. A very formidable insurrection of the negroes
in French St. Domingo has taken place. From thirty to fifty thousand
are said to be in arms. They have sent here for aids of military stores
and provisions, which we furnish just as far as the French minister here
approves. Mr. Hammond is arrived here as Minister Plenipotentiary from
Great Britain, and we are about sending one to that court from hence.
The census, particularly as to each part of every State, is now in the
press; if done in time for this conveyance, it shall be forwarded. The
Legislature have before them a bill for allowing one representative for
every thirty thousand persons, which has passed the Representatives, and
is now with the Senate. Some late inquiries into the state of our domestic
manufactories give a very flattering result. Their extent is great and
growing through all the States. Some manufactories on a large scale are
under contemplation. As to the article of Etrennes inquired after in one
of your letters, it was under consideration in the first instance, when
it was submitted to the President, to decide on the articles of account
which should be allowed the foreign ministers in addition to their salary;
and this article was excluded, as everything was meant to be which was
not in the particular enumeration I gave you. With respect to foreign
newspapers, I receive those of Amsterdam, France, and London so regularly,
and so early, that I will not trouble you for any of them; but I will
thank you for those of Lisbon and Madrid, and in your letters to give
me all the information you can of Spanish affairs, as I have never yet
received but one letter from Mr. Carmichael, which you I believe brought
from Madrid. You will receive with this a pamphlet by Mr. Coxe in answer
to Lord Sheffield, Freneau and Fenn's papers. I am, with great and sincere
esteem, dear Sir, your most obedient, and most humble servant.
TO DANIEL SMITH, ESQ.
Philadelphia, November 29, 1791.
Sir,--I have to acknowledge the receipt of your favors of September 1 and
October 4, together with the report of the Executive proceedings in the
South-Western government from March 1 to July 26.
In answer to that part of yours of September 1 on the subject of a seal
for the use of that government, I think it extremely proper and necessary,
and that one should be provided at public expense.
The opposition made by Governor Blount and yourself to all attempts by
citizens of the United States to settle within the Indian lines without
authority from the General Government, is approved, and should be
continued.
There being a prospect that Congress, who have now the Post office bill
before them, will establish a post from Richmond to Stanton, and continue
it thence towards the South-West government a good distance, if not nearly
to it, our future correspondence will be more easy, quick, and certain.
I am, with great esteem, Sir, your most obedient, and most humble servant.
TO THE ATTORNEY GENERAL.
Philadelphia, December 5, 1791.
Dear Sir,--The enclosed memorial from the British minister, on the case
of Thomas Pagan, containing a complaint of injustice in the dispensations
of law by the courts of Massachusetts, to a British subject, the President
approves of my referring it to you, to report thereon your opinion of the
proceedings, and whether anything, and what, can or ought to be done by
the government in consequence thereof.
I am, with great and sincere esteem, dear Sir, your most obedient, and
most humble servant.
_The Memorial of the British Minister._
The undersigned, his Britannic Majesty's Minister Plenipotentiary to the
United States of America, has the honor of laying before the Secretary
of State, the following brief abstract of the case of Thomas Pagan, a
subject of his Britannic Majesty, now confined in the prison of Boston,
under an execution issued against him out of the Supreme judicial court of
Massachusetts Bay. To this abstract, the undersigned has taken the liberty
of annexing some observations, which naturally arise out of the statement
of the transaction, and which may perhaps tend to throw some small degree
of light on the general merits of the case.
In the late war, Thomas Pagan was agent for, and part owner of a privateer
called the Industry, which, on the 25th of March, 1783, off Cape Ann,
captured a brigantine called the Thomas, belonging to Mr. Stephen Hooper,
of Newport. The brigantine and cargo were libelled in the court of
vice-admiralty in Nova Scotia, and that court ordered the prize to be
restored. An appeal was, however, moved for by the captors, and regularly
prosecuted in England before the Lords of Appeals for prize causes, who,
in February, 1790, reversed the decree of the vice-admiralty court of Nova
Scotia, and condemned the brigantine and cargo as good and lawful prize.
In December, 1788, a judgment was obtained by Stephen Hooper in the court
of common pleas for the county of Essex, in Massachusetts, against Thomas
Pagan, for three thousand five hundred pounds lawful money, for money had
and received to the plaintiff's use. An appeal was brought thereon in May,
1789, to the Supreme judicial court of the commonwealth of Massachusetts,
held at Ipswich, for the county of Essex, and on the 16th of June, 1789,
a verdict was found for Mr. Hooper, and damages were assessed at three
thousand and nine pounds two shillings and ten pence, which sum is "for
the vessel called the brigantine Thomas, her cargo and every article
found on board." After this verdict, and before entering the judgment,
Mr. Pagan moved for a new trial, suggesting that the verdict was against
law; because the merits of the case originated in a question, whether a
certain brigantine called the Thomas, with her cargo, taken on the high
seas by a private ship of war called the Industry, was prize or no prize,
and that the court had no authority to give judgment in a cause where the
point of a resulting or implied promise arose upon a question of this
sort. The supreme judicial court refused this motion for a new trial,
because it appeared to the court, that in order to a legal decision it is
not necessary to inquire whether this prize and her cargo were prize or no
prize, and because the case did not, in their opinion, involve a question
relative to any matter or thing necessarily consequent upon the capture
thereof: it was therefore considered by the court, that Hooper should
receive of Pagan three thousand and nine pounds two shillings and ten
pence lawful money, damages: and taxed costs, sixteen pounds two shillings
and ten pence. From this judgment, Pagan claimed an appeal to the supreme
judicial court of the United States of America, for these reasons: that
the judgment was given in an action brought by Hooper, who is, and at
the time of commencing the action was, a citizen of the commonwealth of
Massachusetts, one of the United States, against Pagan, who, at the time
when the action was commenced, was, and ever since has been, a subject
of the King of Great Britain, residing in and inhabiting his province of
New Brunswick. This claim of an appeal was not allowed, because it was
considered by the court, that this court was the supreme judicial court
of the commonwealth of Massachusetts, from whose judgment there is no
appeal; and further, because there does not exist any such court within
the United States of America as that to which Pagan has claimed an appeal
from the judgment of this court. Thereupon, execution issued against Pagan
on the 9th of October, 1789, and he has been confined in Boston prison
ever since.
It is to be observed, that in August, 1789, Mr. Pagan petitioned the
supreme judicial court of Massachusetts for a new trial, and after hearing
the arguments of counsel, a new trial was refused. On the 1st of January,
1791, his Britannic Majesty's consul at Boston applied for redress on
behalf of Mr. Pagan, to the Governor of Massachusetts Bay, who, in his
letter of the 28th of January, 1791, was pleased to recommend this matter
to the serious attention of the Senate and House of Representatives of
that State. On the 14th of February, 1791, the British consul memorialized
the Senate and House of Representatives on this subject. On the 22d of
February, a committee of both Houses reported a resolution, that the
memorial of the consul and message from the Governor, with all the papers,
be referred to the consideration of the justices of the supreme judicial
court, who were directed, as far as may be, to examine into and consider
the circumstances of the case, and if they found that by the force and
effect allowed by the law of nations to foreign admiralty jurisdictions,
&c., Hooper ought not to have recovered judgment against Pagan, the
court was authorized to grant a review of the action. On the 13th of
June, 1791, the British consul again represented to the Senate and House
of Representatives, that the justices of the supreme judicial court had
not been pleased to signify their decision on this subject, referred
to them by the resolution of the 22d of February. This representation
was considered by a committee of the Senate and of the House of
Representatives, who concluded that one of them should make inquiry of
some of the judges to know their determination, and upon being informed
that the judges intended to give their opinion, with their reasons, _in
writing_, the committee would not proceed any further in the business.
On the 27th of June, 1791, Mr. Pagan's counsel moved the justices of the
supreme judicial court for their opinion in the case of Hooper and Pagan,
referred to their consideration by the resolve of the General Court,
founded on the British consul's memorial. Chief Justice and Justice Dana
being absent, Justice Paine delivered it as the unanimous opinion of the
judges absent as well as present, that Pagan was not entitled to a new
trial for any of the causes mentioned in the said resolve, and added,
"that the court intended to put their opinions upon paper, and to file
them in the cause: that the sickness of two of the court had hitherto
prevented it, but that it would soon be done."
It is somewhat remarkable, that the supreme judicial court of
Massachusetts Bay, should allege that this case did not necessarily
involve a question relative to prize or no prize, when the very jury to
whom the court referred the decision of the case established the fact;
their verdict was for three thousand and nine pounds two shillings and ten
pence, damages, which sum is for the vessel called the brigantine Thomas,
her cargo, and everything found on board. Hence it is evident, that the
case _did_ involve a question of prize or no prize, and having received
a formal decision by the only court competent to take cognizance thereof,
(viz. the high court of appeals for prize causes in England,) everything
that at all related to the property in question, or to the legality of the
capture, was thereby finally determined. The legality of the capture being
confirmed by the high court of appeals in England, cannot consistently
with the principles of the law of nations be discussed in a foreign
court of law, or at least, if a foreign court of common law is, by any
local regulations, deemed competent to interfere in matters relating to
captures, the decisions of admiralty courts or courts of appeal, should be
received and taken as conclusive evidence of the legality or illegality of
captures. By such decisions, property is either adjudged to the captors
or restored to the owners; if adjudged to the captors, they obtain a
permanent property in the captured goods acquired by the rights of war,
and this principle originates in the wisdom of nations, and is calculated
to prevent endless litigation.
The proceedings of the supreme judicial court of Massachusetts Bay, are
in direct violation of the rules and usages that have been universally
practised among nations in the determination of the validity of captures,
and of all collateral questions that may have reference thereto. The
General Court of Massachusetts Bay, among other things, kept this point
in view, when they referred the case of Mr. Pagan to the consideration of
the justices of the supreme judicial court, and authorized the court to
grant a review of the action, if it should be found that by the force and
effect allowed by the law of nations to foreign admiralty jurisdictions,
Mr. Hooper ought not to have recovered judgment against Mr. Pagan. But the
supreme judicial court have not only evaded this material consideration,
upon which the whole question incontestibly turns, but have assumed a fact
in direct contradiction to the truth of the case, viz. that the case did
not involve a question of prize or no prize. Moreover, they have denied
Mr. Pagan the benefit of appeal to that court which is competent to decide
on the force of treaties, and which court, by the constitution of the
United States, is declared to possess _appellate_ jurisdiction both as to
law and fact, in all cases of controversy between citizens of the United
States and subjects of foreign countries, to which class this case is
peculiarly and strictly to be referred.
From the foregoing abstract of the case of Thomas Pagan, it appears that
he is now detained in prison, in Boston, in consequence of a judgment
given by a court which is not competent to decide upon his case, or which,
if competent, refused to admit the only evidence that ought to have given
jurisdiction, and that he is denied the means of appealing to the highest
court of judicature known in these States, which exists in the very
organization of the constitution of the United States, and is declared to
possess appellate jurisdiction in all cases of a nature similar to this.
For these reasons, the undersigned begs leave respectfully to submit
the whole matter to the consideration of the Secretary of State, and to
request him to take such measures as may appear to him the best adapted
for the purpose of obtaining for the said Thomas Pagan, such speedy and
effectual redress as his case may seem to require.
George Hammond.
Philadelphia, November 26, 1791.
TO MR. MCALISTER.
Philadelphia, December 22, 1791.
Sir,--I am favored with yours of the 1st of November, and recollect with
pleasure our acquaintance in Virginia. With respect to the schools of
Europe, my mind is perfectly made up, and on full enquiry. The best in the
world is Edinburgh. Latterly, too, the spirit of republicanism has become
that of the students in general, and of the younger professors; so on that
account also it is eligible for an American. On the continent of Europe,
no place is comparable to Geneva. The sciences are there more modernized
than anywhere else. There, too, the spirit of republicanism is strong with
the body of the inhabitants: but that of aristocracy is strong also with
a particular class; so that it is of some consequence to attend to the
class of society in which a youth is made to move. It is a cheap place.
Of all these particulars Mr. Kinloch and Mr. Huger, of South Carolina, can
give you the best account, as they were educated there, and the latter is
lately from thence. I have the honor to be, with great esteem, Sir, your
most obedient humble servant.
TO MR. STUART.
Philadelphia, December 23, 1791.
Dear Sir,--I received duly your favor of October 22, and should have
answered it by the gentleman who delivered it, but that he left town
before I knew of it.
That it is really important to provide a constitution for our State cannot
be doubted: as little can it be doubted that the ordinance called by that
name has important defects. But before we attempt it, we should endeavor
to be as certain as is practicable that in the attempt we should not make
bad worse. I have understood that Mr. Henry has always been opposed to
this undertaking; and I confess that I consider his talents and influence
such as that, were it decided that we should call a convention for the
purpose of amending, I should fear he might induce that convention either
to fix the thing as at present, or change it for the worse. Would it not
therefore be well that means should be adopted for coming at his ideas of
the changes he would agree to, and for communicating to him those which
we should propose? Perhaps he might find ours not so distant from his,
but that some mutual sacrifices might bring them together.
I shall hazard my own ideas to you as hastily as my business obliges me.
I wish to preserve the line drawn by the federal constitution between the
general and particular governments as it stands at present, and to take
every prudent means of preventing either from stepping over it. Though
the experiment has not yet had a long enough course to show us from which
quarter encroachments are most to be feared, yet it is easy to foresee,
from the nature of things, that the encroachments of the State governments
will tend to an excess of liberty which will correct itself, (as in
the late instance,) while those of the general government will tend to
monarchy, which will fortify itself from day to day, instead of working
its own cure, as all experience shows. I would rather be exposed to the
inconveniences attending too much liberty, than those attending too small
a degree of it. Then it is important to strengthen the State governments;
and as this cannot be done by any change in the federal constitution, (for
the preservation of that is all we need contend for,) it must be done by
the States themselves, erecting such barriers at the constitutional line
as cannot be surmounted either by themselves or by the general government.
The only barrier in their power is a wise government. A weak one will
lose ground in every contest. To obtain a wise and an able government,
I consider the following changes as important. Render the legislature a
desirable station by lessening the number of representatives (say to 100)
and lengthening somewhat their term, and proportion them equally among
the electors. Adopt also a better mode of appointing senators. Render
the Executive a more desirable post to men of abilities by making it
more independent of the legislature. To wit, let him be chosen by other
electors, for a longer time, and ineligible forever after. Responsibility
is a tremendous engine in a free government. Let him feel the whole
weight of it then, by taking away the shelter of his executive council.
Experience both ways has already established the superiority of this
measure. Render the judiciary respectable by every possible means, to wit,
firm tenure in office, competent salaries, and reduction of their numbers.
Men of high learning and abilities are few in every country; and by taking
in those who are not so, the able part of the body have their hands tied
by the unable. This branch of the government will have the weight of the
conflict on their hands, because they will be the last appeal of reason.
These are my general ideas of amendments; but, preserving the ends, I
should be flexible and conciliatory as to the means. You ask whether Mr.
Madison and myself could attend on a convention which should be called?
Mr. Madison's engagements as a member of Congress will probably be from
October to March or April in every year. Mine are constant while I hold
my office, and my attendance would be very unimportant. Were it otherwise,
my office should not stand in the way of it. I am, with great and sincere
esteem, dear Sir, your friend and servant.
TO THE PRESIDENT.
Philadelphia, December 23, 1791.
Sir,--As the conditions of our commerce with the French and British
dominions are important, and a moment seems to be approaching when it
may be useful that both should be accurately understood, I have thrown
a representation of them into the form of a table, showing at one view
how the principal articles interesting to our agriculture and navigation,
stand in the European and American dominions of these two powers. As to so
much of it as respects France, I have cited under every article the law on
which it depends; which laws, from 1784 downwards, are in my possession.
Port charges are so different, according to the size of the vessel and the
dexterity of the captain, that an examination of a greater number of port
bills might, perhaps, produce a different result. I can only say, that
that expressed in the table is fairly drawn from such bills as I could
readily get access to, and that I have no reason to suppose it varies much
from the truth, nor on which side the variation would lie. Still, I cannot
make myself responsible for this article. The authorities cited will vouch
the rest.
I have the honor to be, with the most perfect respect and attachment, Sir,
your most obedient, and most humble servant.
_Footing of the Commerce of the United States with France and England,
and with the French and English American Colonies._
-------------+------------------------------+--------------------------
| France. |Great Britain and Ireland.
-------------+------------------------------+--------------------------
Wheat | (_a_) | Prohibited till it is
flour, &c. | Free. | 6s. 4d. the bushel.
-------------+------------------------------+--------------------------
| (_a_) | 7s. 4d. sterling
Rice. | Free. | the kental.
-------------+------------------------------+--------------------------
| (_b_) |
Salted fish. | 8 livres the kental. | Prohibited.
-------------+------------------------------+--------------------------
| (_c_) |
Salted beef. | 5 livres the kental. | Prohibited.
-------------+------------------------------+--------------------------
| (_d_) |
Salted pork. | 5 livres the kental |
| in some ports. | 44s. 9d. the kental.
| Prohibited in others. |
-------------+------------------------------+--------------------------
| (_a_) |
Furs. | Free. | 15 to 20 per cent.
-------------+------------------------------+--------------------------
| (_c_) |
Indigo. | 5 livres the kental. | Free.
-------------+------------------------------+--------------------------
| (_a_) |
Whale oil. | 7 livres and 10 sous |
| the barrel of 520 lbs. | £18 3s. the ton.
-------------+------------------------------+-------------------
| (_a_) |
| 2½ per cent. |
Tar, pitch, | 5 sous the kental, | 11d. 11s. 2s. 3d. B.
turpentine. | by new tariff. |
-------------+------------------------------+--------------------------
| (_a_) | Prohibited
Ships. | Free for naturalization. | naturalization.
-------------+------------------------------+--------------------------
| | average.
| | London, 76}
(_b_) | cents. average. | Liverpool, 61}
Port charges.| Bordeaux, 23 the ton} 18 | Bristol, 1.43} 1.09 dols.
| Havre, 14 the ton} | Hull, 1.57}
-------------+------------------------------+--------------------------
(_f_) | | (_k_)
Exports to. | 1,384,246 D. | 6,888,970 D.
-------------+------------------------------+--------------------------
(_f_) | |
Imports from.| 155,136 D. | 13,965,464 D.
-------------+------------------------------+--------------------------
(_f_) | |
Freighted | |
in _their_ | 9,842 tons. | 119,194 tons.
vessels. | |
-------------+------------------------------+--------------------------
(_f_) | |
Freighted | |
in _our_ | 19,173 tons. | 39,171 tons.
vessels. | |
=============+==============================+==========================
| French America. | English America.
-------------+------------------------------+--------------------------
| (_g_) |
Wheat, | Prohibited by a general law. | Free, by proclamation.
flour, &c. | Free, by suspensions from |
| time to time. |
-------------+------------------------------+--------------------------
| (_c_) |
Rice. | 1 per cent. | Free, by proclamation.
-------------+------------------------------+--------------------------
| (_h_) |
Salted fish. | 1 per cent. x3 livres kental.| Prohibited.
-------------+------------------------------+--------------------------
| (_e_) |
Salted beef. | 1 per cent. x3 livres kental.| Prohibited.
-------------+------------------------------+--------------------------
| | Jamaica, .76 }
| | Antigua, .22 }
Port charges.| Cape Franc, .96} | Barbados, .42 } average.
| Port au Prince, .40} average.| St. Kitts, .43 } .44
| Martinique, .18} .55 | Dominique, .21 }
-------------+------------------------------+--------------------------
Exports to. | 3,284,656 D. | 2,357,583 D.
-------------+------------------------------+--------------------------
Imports from.| 1,913,212 D. | 1,319,964 D.
-------------+------------------------------+--------------------------
Freighted | |
in _their_ | 3,959 tons. | 107,759 tons.
vessels. | |
-------------+------------------------------+--------------------------
Freighted | 97,236 tons. | Prohibited.
in _our_ | |
vessels. | |
-------------+------------------------------+--------------------------
_The following articles being on an equal footing in both countries, are
thrown together._
-------------+------------------------------+--------------------------
| France. |Great Britain and Ireland.
-------------+------------------------------+--------------------------
Tobacco. | Free of duty, | 1s. 3d. the lb.
| but under monopoly. |
-------------+------------------------------+--------------------------
| (_a_) |
Wood. | Free. | Free.
-------------+------------------------------+--------------------------
| (_a_) |
Pot and | Free. | Free.
pearl ash. | |
-------------+------------------------------+--------------------------
| (_a_) |
Flax seed. | Free. | Free.
=============+==============================+==========================
| French America. | English America.
-------------+------------------------------+--------------------------
| (_c_) |
Corn, Indian.| 1 per cent. | Free, by proclamation.
-------------+------------------------------+--------------------------
| (_c_) |
Wood. | 1 per cent. | Free, by proclamation.
-------------+------------------------------+--------------------------
| (_c_) |
Salted Pork. | Prohibited. | Prohibited.
-------------+------------------------------+--------------------------
| (_c_) |
Horses | Free. | Free, by proclamation.
and mules. | |
-------------+------------------------------+--------------------------
| (_c_) |
Live | 1 per cent. | Free, by proclamation.
provisions. | |
+------------+------------------------------+--------------------------
| (_c_) |
Tar, pitch, | 1 per cent. | Free, by proclamation.
turpentine. | |
+------------+------------------------------+--------------------------
Imports |Rum, molasses generally, | Rum, molasses, sugar,
allowed. | sugar, and all other | coffee, cocoa nuts,
| commodities till August 1, | ginger,pimento, by
| 1794. | proclamation.
-------------+------------------------------+--------------------------
NOTES.
(_a_) By _Arret_ of December the 29th, 1787.
(_b_) By _Arret_ of 1763.
(_c_) By _Arret_ of August the 30th, 1784.
(_d_) By _Arret_ of 1788.
(_e_) By _Arret_ of 1760.
(_f_) Taken from the Custom House returns of the United States.
(_g_) There is a general law of France prohibiting foreign flour in
their islands, with a suspending power to their Governors, in cases of
necessity. An _Arret_ of May the 9th, 1789, by their Governor, makes it
free till August, 1794; and in fact it is generally free there.
(_h_) The _Arret_ of September the 18th, 1785, gave a premium of ten
livres the kental, on fish brought in their own bottoms, for five years,
so that the law expired September the 18th, 1790. Another _Arret_, passed
a week after, laid a duty of five livres the kental, on fish brought in
foreign vessels, to raise money for the premium before mentioned. The
last _Arret_ was not limited in time; yet seems to be understood as only
commensurate with the other. Accordingly, an _Arret_ of May the 9th, 1789,
has made fish in foreign bottoms liable to three livres the kental only
till August the 1st, 1794.
(_i_) The port charges are estimated from bills collected from the
merchants of Philadelphia. They are different in different ports of the
same country, and different in the same ports on vessels of different
sizes. Where I had several bills of the same port, I averaged them
together. The dollar is rated at 4s. 4½d. sterling in England, at 6s.
8d. in the British West Indies, and five livres twelve sous in France,
and at eight livres five sous in the French West Indies.
Several articles stated to be _free_ in France, do in fact pay one-eighth
of a per cent., which was retained merely to oblige an entry to be made in
their Custom House books. In like manner, several of the articles stated
to be _free_ in England, do, in fact, pay a light duty. The English duties
are taken from the book of rates.
Dollars.
(_k_) The exports to Great Britain and Ireland, are 6,888,978 50
How much they consume, I know not. They certainly re-export the
following:
Dollars.
Grain, the whole since the law of the last parliament 1,093,885
Tobacco, five-sixths, according to Sheffield's tables 2,295,411
Rice, five-sevenths, according to same 552,750
Indigo, one-third, according to same 315,887
Furs, probably one-half 17,950
Ginseng, the whole 32,424
Mahogany,} not being of our productions should also be 16,724
Wine, } deducted 4,425
---- 4,329,456 00
------------
Remainder, including their consumption and the unknown 2,559,522 50
re-exportations
The exportations certainly known then, are five-eighths of the whole.
TO THE PRESIDENT.
Philadelphia, January 4, 1792.
Sir,--Having been in conversation to-day with Monsieur Payan, one of the
St. Domingo deputies, I took occasion to inquire of him the footing on
which our commerce there stands at present, and particularly whether the
colonial _Arret_ of 1789, permitting a free importation of our flour till
1793, was still in force. He answered, that that _Arret_ was revoked in
France on the clamors of the merchants there; and with a like permission
to carry flour to the three usual ports, and he thinks to bring away
coffee and sugar, was immediately renewed by the Governor. Whether
this has been regularly kept up by renewed _Arrets_, during the present
troubles, he cannot say, but is sure that in practice it has never been
discontinued, and that not by contraband, but openly and legally, as is
understood. The public application to us to send flour there, is a proof
of it. Instead, therefore, of resting this permission on a colonial
_Arret_ till 1793, it should be rested on temporary _Arrets_ renewed
from time to time, as heretofore. This correction of the notes I took the
liberty of laying before you, with the table containing a comparative view
of our commerce with France and England, I thought it my duty to make.
I have the honor to be, with the most perfect respect and attachment, Sir,
your most obedient, and most humble servant.
TO MR. SHORT.
_Philadelphia_, January 5, 1792.
Dear Sir,--My last to you was of November 24th, since which I have
received yours, Nos. 76, 77, and 81 to 87 inclusive. Your letter of
October 6th, with your account to June, 1791, is not yet arrived, nor
the box mentioned in your number 84. The memorial of the crew of the
_Indian_ shall be sent to the Governor of South Carolina. In a former
letter I informed you that two balanciers would suffice for us, which will
have served as an answer to that part of your late letters on the same
subject. With respect to the Assayer, it will be better to defer taking
any measures till the bill establishing a mint, which is now before the
legislature, shall have passed.
We have been in expectation for some time that some overture would have
been made to us from the Court of France, on the subject of the treaty of
commerce recommended by the National Assembly to be entered into between
the two nations. The executive of ours are perfectly disposed to meet
such overtures, and to concur in giving them effect on the most liberal
principles. This sentiment you may freely express to the Minister for
Foreign Affairs.
We receive with deep regret daily information of the progress of
insurrection and devastation in St. Domingo. Nothing indicates as yet that
the evil is at its height, and the materials, as yet untouched, but open
to conflagration, are immense. The newspapers heretofore sent you, and
those now sent, will have informed you of a very bloody action we have had
with the Northern Indians, in which our army was defeated. This imposes
the necessity of stronger preparations than were before thought requisite.
Some communications from the Court of Madrid having been lately, for the
first time, made to us, these shall be the subject of a separate letter.
You mention some failures in the receipt of the journals of Congress
and other public papers. I trust always to Mr. Remson to make them up
from time to time, and I can answer for his punctuality. I send you his
statement of those which have been sent, so that the failure has probably
arisen from the inexactitude of those to whom they have been confided.
At present we watch for vessels bound to Havre whereby to send them. You
will receive some by the _de Jeune Eole_, which sails from hence to that
port next week. I am not certain whether this letter will go by the same
conveyance, or by the English packet. I am, with the highest esteem and
attachment, your affectionate humble servant.
TO THOMAS PINCKNEY.
Philadelphia, January 17, 1792.
Sir,--Your favors of November the 29th, 30th, and December the 1st, came
duly to hand, and gave sincere pleasure, by announcing your disposition to
accept the appointment to London. The nominations to Paris and the Hague
having been detained till yours could be made, they were all immediately
sent in to the Senate, to wit, yourself for London, Mr. G. Morris for
Paris, Mr. Short for the Hague. Some members of the Senate, apprehending
they had a right of determining on the _expediency_ of foreign missions,
as well as on the _persons_ named, took that occasion of bringing forward
the discussion of that question, by which the nominations were delayed two
or three weeks. I am happy to be able to assure you, that not a single
personal motive with respect to yourself entered into the objections to
these appointments. On the contrary, I believe that your nomination gave
general satisfaction. Your commission will be immediately made out, but
as the opportunities of conveyance at this season are precarious, and you
propose coming to this place, I think it better to retain it.
As to the delay proposed in your letter, it was to be expected: indeed,
a winter passage from Charleston to this place, or across the Atlantic,
is so disagreeable, that if either that circumstance or the arrangement
of your affairs should render it in the smallest degree eligible to you,
to remain at home till the temperate season comes on, stay till after the
vernal equinox; there will be no inconvenience to the public attending
it. On the contrary, as we are just opening certain negotiations with
the British minister here, which have not yet assumed any determinate
complexion, a delay till that time will enable us to form some judgment
of the issue they make take, and to know exactly in what way your
co-operation at the place of your destination, may aid us. On this and
other accounts, it will be highly useful that you take this place in
your way, where, or at New York, you will always be sure of finding a
convenient passage to England.
I have the honor to be, with the most perfect esteem and respect, Sir,
your most obedient, and most humble servant.
TO WILLIAM SHORT.
Philadelphia, January 23, 1792.
Dear Sir,--I have the pleasure to inform you, that the President of the
United States has appointed you minister resident for the United States
at the Hague, which was approved by the Senate on the 16th instant.
This new mark of the President's confidence will be the more pleasing
to you, as it imports an approbation of your former conduct, whereon be
pleased to accept my congratulations. You will receive herewith, a letter
from myself to Monsieur de Montmorin, closing your former mission, your
new commission, letters of credence from the President for the States
General and Stadtholder, sealed, and copies of them open for your own
satisfaction. You will keep the cypher we have heretofore used.
Your past experience in the same line, renders it unnecessary for me
to particularize your duties on closing your present, or conducting
your future mission. Harmony with our friends being our object, you are
sensible how much it will be promoted by attention to the manner as well
as the matter of your communications with the government of the United
Netherlands. I feel myself particularly bound to recommend, as the most
important of your charges, the patronage of our commerce and the extension
of its privileges, both in the United Netherlands and their colonies, but
most especially the latter.
The allowance to a minister resident of the United States, is four
thousand five hundred dollars a year, _for all his personal services and
other expenses_, a year's salary for his outfit, and a quarter's salary
for his return. It is understood that the _personal services and other
expenses_ here meant, do not extend to the cost of gazettes and pamphlet's
transmitted to the Secretary of State's office, to translating or printing
necessary papers, postage, couriers, and necessary aids to poor American
sailors. These additional charges, therefore, may be inserted in your
accounts; but no other of any description, unless where they are expressly
directed to be incurred. The salary of your new grade being the same as
of your former one, and your services continued, though the scene of
them is changed, there will be no intermission of salary; the new one
beginning where the former ends, and ending when you shall receive notice
of your permission to return. For the same reason there can be but one
allowance of outfit and return, the former to take place now, the latter
only on your final return. The funds appropriated to the support of the
foreign establishment, do not admit the allowance of a secretary to a
minister resident. I have thought it best to state these things to you
minutely, that you may be relieved from all doubt as to the matter of
your accounts. I will beg leave to add a most earnest request, that on
the 1st day of July next, and on the same day annually afterwards, you
make out your account to that day, and send it by the first vessel, and by
duplicates. In this I must be very urgent and particular; because at the
meeting of the ensuing Congress always, it is expected that I prepare for
them a statement of the disbursements from this fund, from July to June
inclusive. I shall give orders by the first opportunity, to our bankers
in Amsterdam, to answer your drafts for the allowances herein before
mentioned, recruiting them at the same time by an adequate remitment; as
I expect that by the time you receive this, they will not have remaining
on hand of this fund, more than seven or eight thousand dollars.
You shall receive from me, from time to time, the laws and journals of
Congress, gazettes and other interesting papers: for whatever information
is in possession of the public, I shall leave you generally to the
gazettes, and only undertake to communicate by letter, such, relative to
the business of your mission, as the gazetteers cannot give. From you I
shall ask, once or twice a month regularly, a communication of interesting
occurrences in Holland, of the general affairs of Europe, and the regular
transmission of the Leyden gazette by every British packet, in the way
it now comes, which proves to be very regular. Send also such other
publications as may be important enough to be read by one who can spare
little time to read anything, or which may contain matter proper to be
turned to, on interesting subjects and occasions. The English packet is
the most certain channel for such epistolatory communications as are not
very secret, and by those packets I would wish always to receive a letter
from you, by way of corrective to the farrago of news they generally
bring. Intermediate letters, secret communications, gazettes, and other
printed papers, had better come by private vessels from Amsterdam; which
channel I shall use generally for my letters, and always for gazettes and
other printed papers.
The President has also joined you in a special and temporary commission
with Mr. Carmichael to repair to Madrid, and there negotiate certain
matters respecting the navigation of the Mississippi, and other points
of common interest between Spain and us. As some time will be necessary
to make out the instructions and transcripts necessary in this business,
they can only be forwarded by some future occasion; but they shall be
soon forwarded, as we wish not to lose a moment in advancing negotiations
so essential to our peace. For this reason, I must urge you to repair
to the Hague at the earliest day the settlement of your affairs at Paris
will admit, that your reception may be over, and the idea of your being
established there strengthened, before you receive the new orders.
I have the honor to be, with sincere respect and esteem, dear Sir, your
most obedient and most humble servant.
TO GOUVERNEUR MORRIS.
Philadelphia, January 23, 1792.
Dear Sir,--I have the pleasure to inform you, that the President of the
United States has appointed you Minister Plenipotentiary for the United
States, at the court of France, which was approved by the Senate on the
12th instant; on which be pleased to accept my congratulations. You will
receive herewith your commission, a letter of credence for the King,
sealed, and a copy of it open for your own satisfaction, as also a cypher,
to be used on proper occasions in the correspondence between us.
To you, it would be more than unnecessary for me to undertake a general
delineation of the functions of the office to which you are appointed. I
shall therefore only express our desire, that they be constantly exercised
in that spirit of sincere friendship and attachment which we bear to the
French nation; and that in all transactions with the minister, his good
dispositions be conciliated by whatever in language or attentions may tend
to that effect. With respect to their government, we are under no call to
express opinions which might please or offend any party, and therefore it
will be best to avoid them on all occasions, public or private. Could any
circumstances require unavoidably such expressions, they would naturally
be in conformity with the sentiments of the great mass of our countrymen,
who, having first, in modern times, taken the ground of government
founded on the will of the people, cannot but be delighted on seeing so
distinguished and so esteemed a nation arrive on the same ground, and
plant their standard by our side.
I feel myself particularly bound to recommend, as the most important of
your charges, the patronage of our commerce, and the extension of its
privileges, both in France and her colonies, but most especially the
latter. Our consuls in France are under general instructions to correspond
with the minister of the United States at Paris; from them you may often
receive interesting information. Joseph Fenwick is consul at Bordeaux,
and Burwell Carnes at Nantz; Monsieur de la Motte vice consul at Havre,
and Monsieur Cathalan at Marseilles.
An act of Congress, of July the 1st, 1790, has limited the allowance of
a Minister Plenipotentiary to nine thousand dollars a year _for all his
personal services and other expenses_, a year's salary for his outfit, and
a quarter's salary for his return. It is understood that _the personal
services and other expenses_ here meant, do not extend to the cost of
gazettes and pamphlets transmitted to the Secretary of State's office, to
translating or printing necessary papers, postage, couriers, and necessary
aids to poor American sailors. These additional charges, therefore, may
be inserted in your accounts; but no other of any description, unless
where they are expressly directed to be incurred. By an ancient rule of
Congress, your salary will commence from the day you receive this letter,
if you be then at Paris, or from the day you set out for Paris from any
other place at which it may find you; it ceases on receiving notice or
permission to return, after which the additional quarter's allowance
takes place. You are free to name your own private secretary, who will
receive from the public a salary of thirteen hundred and fifty dollars
a year, without allowance for any _extras_. I have thought it best to
state these things to you minutely, that you may be relieved from all
doubt as to the matter of your accounts. I will beg leave to add a most
earnest request, that on the 1st day of July next, and on the same day
annually afterwards, you make out your account to that day, and send it
by the first vessel, and by duplicates. In this I must be very urgent
and particular, because at the meeting of the ensuing Congress always,
it is expected that I prepare for them a statement of the disbursements
from this fund, from July to June inclusive. I shall give orders by the
first opportunity to our bankers in Amsterdam, to answer your drafts for
the allowances herein before mentioned, recruiting them at the same time
by an adequate remitment, as I expect that by the time you receive this,
they will not have remaining on hand of this fund more than seven or eight
thousand dollars.
You shall receive from me, from time to time, the laws and journals of
Congress, gazettes and other interesting papers; for whatever information
is in possession of the public, I shall leave you generally to the
gazettes, and only undertake to communicate by letter, such, relative to
the business of your mission, as the gazettes cannot give.
From you I shall ask, once or twice a month regularly, a communication of
interesting occurrences in France, of the general affairs of Europe, and
transmission of the Leyden gazette, the _journal logographe_, and the best
paper of Paris for their colonial affairs, with such other publications
as may be important enough to be read by one who can spare little time
to read anything, or which may contain matter proper to be turned to, on
interesting subjects and occasions. The English packet is the most certain
channel for such epistolary communications as are not very secret, and
by those packets I would wish always to receive a letter from you by way
of corrective to the farrago of news they generally bring. Intermediate
letters, secret communications, gazettes and other printed papers, had
better come through the channel of Monsieur de La Motte at Havre, to whom
I shall also generally address my letters to you, and always the gazettes
and other printed papers.
Mr. Short will receive by the same conveyance, his appointment as minister
resident at the Hague.
I have the honor to be, with great esteem and respect, dear Sir, your most
obedient and most humble servant.
TO MONSIEUR DE MONTMORIN.
Philadelphia, January 23, 1792.
Sir,--The President of the United States having destined Mr. Short to
another employment, he is instructed to take leave of the court of France.
The perfect knowledge I have of his understanding and dispositions, gives
me full confidence that he has so conducted himself during his residence
near them, as to merit their approbation; and that he will mark his
departure with those respectful attentions and assurances which will give
them entire satisfaction. Above all things, I hope that every exercise of
his functions has been consistent with the sincerity of the friendship we
bear to the King and nation, and that you will be persuaded, that no one
is more cordial in that sentiment than he who has the honor to be, with
the most profound respect and attachment, Sir, your most obedient, and
most humble servant.
TO DON JOSEPH JAUDENES, AND DON JOSEPH VIAR.
Philadelphia, January 25, 1792.
Gentlemen,--Don Joseph Jaudenes having communicated to me verbally that
his Catholic Majesty had been apprised of our solicitude to have some
arrangements made respecting our free navigation of the Mississippi,
and a port thereon convenient for the deposit of merchandize of export
and import for lading and unlading the sea and river vessels, and that
his Majesty would be ready to enter into treaty thereon directly with
us, whensoever we should send to Madrid a proper and acceptable person
authorized to treat on our part, I laid the communication before the
President of the United States. I am authorized by him to assure you
that our government has nothing more at heart than to meet the friendly
advances of his Catholic Majesty with cordiality, and to concur in such
arrangements on the subject proposed, as may tend best to secure peace and
friendship between the two nations on a permanent footing. The President
has, therefore, with the approbation of the Senate, appointed Mr. Short,
our present minister resident at the Hague, to proceed to Madrid as a
joint commissioner with Mr. Carmichael, with full powers to treat on the
subject before mentioned, and I have no doubt that these gentlemen will
so conduct themselves as to give entire satisfaction. Mr. Short's business
at the Hague will occasion a short delay of his departure from that place
for Madrid, but he will be duly urged to make it as short as possible.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Gentlemen, your most obedient, and most humble servant.
TO MR. SHORT.
Philadelphia, January 28, 1792.
Dear Sir,--My last private letter to you was of November 25th, your
last received was of September 29th. Though the present will be very
confidential, and will go, I do not know how, I cannot take time to
cypher it all. What has lately occurred here will convince you I have
been right in not raising your expectations as to an appointment. The
President proposed at first the nomination of Mr. T. Pinckney to the court
of London, but would not name him till we could have an assurance from
him that he would accept, nor did he indicate what the other appointments
would be till Mr. Pinckney's answer came. Then he nominated to the Senate
Mr. Morris, M. P. for France, Pinckney, M. P. for London, and yourself M.
R. for the Hague. The first of these appointments was extremely unpopular,
and so little relished by several of the Senate, that every effort
was used to negative it. Those whose personal objections to Mr. Morris
overruled their deference to the President, finding themselves a minority,
joined with another small party who are against all foreign appointments,
and endeavored with them to put down the whole system rather than let this
article pass. This plan was defeated, and Mr. Morris passed by a vote
of 16 against 11. When your nomination came on, it was consented to, by
15 against 11, every man of the latter, however, rising and declaring,
that as to yourself they had no personal objection, but only meant by
their vote to declare their opinion against keeping any person at the
Hague. Those who voted in the negative were not exactly the same in both
cases. When the biennial bill furnishing money for the support of the
foreign establishment shall come up at the next session, to be continued,
the same contest will arise again, and I think it very possible that if
the opponents of Mr. Morris cannot remove him otherwise, they will join
again with those who are against the whole establishment, and try to
discontinue the whole. If they fail in this, I still see no security in
their continuing the mission to the Hague; because to do this they must
enlarge the fund from forty to fifty thousand dollars. The President
afterwards proceeded to join you to Carmichael on a special mission to
Spain, to which there was no opposition, except from three gentlemen who
were against opening the Mississippi.
I am, with sincere attachment, dear Sir, your affectionate friend and
servant.
TO COLONEL HAMILTON.
February --, 1792.
Dear Sir,--I return you the report on the mint, which I have read over
with a great deal of satisfaction. I concur with you in thinking that
the unit must stand on both metals, that the alloy should be the same in
both, also in the proportion you establish between the value of the two
metals. As to the question on whom the expense of coinage is to fall, I
have been so little able to make up an opinion satisfactory to myself,
as to be ready to concur in either decision. With respect to the dollar,
it must be admitted by all the world, that there is great incertainty in
the meaning of the term, and therefore all the world will have justified
Congress for their first act of removing the incertainty by declaring
what they understand by the term, but the incertainty once removed,
exists no longer, and I very much doubt a right now to change the value,
and especially to lessen it. It would lead to so easy a mode of paying
off their debts. Besides, the parties injured by this reduction of the
value would have so much matter to urge in support of the first point of
fixation. Should it be thought, however, that Congress may reduce the
value of the dollar, I should be for adopting for our unit, instead of
the dollar, either one ounce of pure silver, or one ounce of standard
silver, so as to keep the unit of money a part of the system of measures,
weights and coins. I hazard these thoughts to you extempore and am, dear
Sir, respectfully and affectionately.
TO MR. HAMMOND.
Philadelphia, February 2, 1792.
Sir,--On the receipt of your letter of the 14th of December, I
communicated it to the President of the United States, and under the
sanction of his authority, the principal members of the executive
department made it their duty to make known in conversations generally,
the explicit disclaimer, in the name of your court, which you had been
pleased to give us, that the government of Canada had supported or
encouraged the hostilities of our Indian neighbors in the western country.
Your favor of January the 30th, to the same purpose, has been, in like
manner, communicated to the President, and I am authorized to assure you,
that he is duly sensible of this additional proof of the disposition of
the court of London, to confine the proceedings of their officers in our
vicinage within the limits of friendship and good neighborhood, and that a
conduct so friendly and just, will furnish us a motive the more for those
duties and good offices which neighbor nations owe each other.
You have seen too much, Sir, of the conduct of the press in countries
where it is free, to consider the gazettes as evidence of the sentiments
of any part of the government; you have seen them bestow on the government
itself, in all its parts, its full share of inculpation. Of the sentiments
of our government on the subject of your letter, I cannot give you better
evidence than the statement of the causes of the Indian war, made by the
Secretary of War on the 26th of the last month, by order of the President,
and inserted in the public papers. No interference on the part of your
nation is therein stated among the causes of the war. I am happy, however,
in the hope, that a due execution of the treaty will shortly silence those
expressions of public feeling by removing their cause. I have the honor
to be, with great respect and esteem, Sir, your most obedient, and most
humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, February 4, 1792.
Sir,--The late appointment of a Minister Resident to the Hague, has
brought under consideration the condition of Mr. Dumas, and the question,
whether he is, or is not, at present in the service of the United States?
Mr. Dumas, very early in the war, was employed first by Dr. Franklin,
afterwards by Mr. Adams, to transact the affairs of the United States
in Holland. Congress never passed any express vote of confirmation, but
they opened a direct correspondence with Mr. Dumas, sent him orders to
be executed, confirmed and augmented his salary, made that augmentation
retrospective, directed him to take up his residence in their hotel at the
Hague, and passed such other votes from time to time as established him
_de facto_ their agent at the Hague. On the change in the organization of
our government in 1789, no commission nor new appointment took place with
respect to him, though it did in most other cases; yet the correspondence
with him from the office of Foreign Affairs has been continued, and he
has regularly received his salary. A doubt has been suggested, whether
this be legal. I have myself no doubt but what it is legal. I consider
the source of authority with us to be the Nation. Their will, declared
through its proper organ, is valid, till revoked by their will declared
through its proper organ again also. Between 1776 and 1789, the proper
organ for pronouncing their will, whether legislative or executive, was a
Congress formed in a particular manner. Since 1789 it is a Congress formed
in a different manner, for laws, and a President, elected in a particular
way, for making appointments and doing other executive acts. The laws
and appointments of the ancient Congress were as valid and permanent in
their nature, as the laws of the new Congress, or appointments of the new
Executive; these laws and appointments, in both cases deriving equally
their source from the will of the nation; and when a question arises,
whether any particular law or appointment is still in force, we are to
examine, not whether it was pronounced by the ancient or present organ,
but whether it has been at any time revoked by the authority of the
nation, expressed by the organ competent at the time. The nation, by the
act of their federal convention, established some new principles and some
new organizations of the government. This was a valid declaration of their
will, and _ipso facto_ revoked some laws before passed, and discontinued
some officers and offices before appointed. Wherever, by this instrument,
an old office was suspended by a new one, a new appointment became
necessary; but where the new Constitution did not demolish an office,
either expressly or virtually, nor the President remove the officer, both
the office and officer remained. This was the case of several; in many
of them, indeed, an excess of caution dictated the superaddition of a new
appointment; but where there was no such superaddition, as in the instance
of Mr. Dumas, both the office and officer still remained: for the will
of the nation, validly pronounced by the proper organ of the day, had
constituted him their agent, and that will has not, through any of its
successive organs, revoked its appointment. I think, therefore, there is
no room to doubt its continuance, and that the receipt of salary by him
has been lawful.
However, I would not wish to take on myself alone the decision of a
question so important, whether considered in a legal or constitutional
view; and therefore submit it to you, Sir, whether it is not a proper
question whereon to take the opinion of the Attorney General?
Another question then arises, Ought Mr. Dumas to be discontinued? I am of
opinion he ought not.
1. Not at this time; because Mr. Short's mission to Madrid will occasion
an immediate vacancy at the Hague again; and because, by the time
that will be over, his appointment at the Hague must be discontinued
altogether, unless Congress should enlarge the foreign fund.
2. Not at any time; because, when, after the peace, Mr. Dumas' agency
became of less importance, Congress, under various views of his
sacrifices and services, manifested that their continuance of him was
in consideration of these, and of his advanced years and infirm state,
which render it impossible for him to launch into a new line of gaining
a livelihood; and they thought the continuance of moderate competence to
him for moderate services, was more honorable to the United States than
to abandon him in the face of Europe, after and under such circumstances.
I have the honor to be, with sentiments of the most profound respect and
attachment. Sir, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, February 7, 1792.
Sir,--An account presented to me by Mr. John B. Cutting, for expenditures
incurred by him in liberating the seamen of the United States in British
ports, during the impressments, which took place under that government in
the year 1790, obliges me to recall some former transactions to your mind.
You will be pleased to recollect the numerous instances of complaint
or information to us, about that time, of the violence committed on our
seafaring citizens in British ports, by their press-gangs and officers,
and that, not having even a consul there at that time, it was thought
fortunate that a private citizen, who happened to be on the spot, stept
forward for their protection; that it was obvious that these exertions
on his part must be attended with expense, and that a particular demand
of fifty pounds sterling for this purpose coming incidentally to my
knowledge, it was immediately remitted to Mr. Cutting, with a request
to account for it in convenient time. He now presents an account of all
his expenditures in this business, which I have the honor to communicate
herewith. According to this, the oppression extends to a much greater
number of our citizens, and their relief is more costly, than had
been contemplated. It will be necessary to lay the account before the
Legislature; because, the expenses being of a description which had not
occurred before, no appropriation heretofore made would authorize payment
at the treasury; because, too, the nature of the transactions may in some
instances require, justly, that the ordinary rules of evidence, which the
Auditor is bound to apply to ordinary cases, should suffer relaxations,
which he probably will not think himself authorized to admit, without the
orders of the Legislature.
The practice in Great Britain of impressing seamen whenever war is
apprehended, will fall more heavily on ours than on those of any other
foreign nation, on account of the sameness of language. Our minister at
that court, therefore, will, on these occasions, be under the necessity of
interfering for their protection, in a way which will call for expense.
It is desirable that these expenses should be reduced to certain rules,
as far as the nature of the case will admit, and the sooner they are so
reduced the better. This may be done, however, on surer grounds after
the government of Great Britain shall have entered with us into these
arrangements on this particular subject which the seriousness of the case
calls for on our part, and its difficulty may admit on theirs. This done,
it will be desirable that legislative rules be framed which may equally
guide and justify the proceedings of our minister, or other agent, at
that court, and at the same time extend to our seafaring citizens the
protection of which they have so much need.
Mr. Cutting, being on the spot, will himself furnish the explanations and
documents of his case, either to the legislature or a committee of it, or
to the Auditor, as he shall be required.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Sir, your most obedient, and most humble servant.
TO MR. HAMMOND.
Philadelphia, February 25, 1792.
Sir,--I have now the honor to enclose you the answer of the Attorney
General to a letter I wrote him on the subject of yours of the 18th
instant.
It appears that the judges of the Supreme Court of the United States are
open to the application of Mr. Pagan for a writ of error to revise his
case. This writ is to be granted, indeed, or refused, at the discretion
of the judge; but the discretion of a judge is governed by the rules of
law; if these be in favor of Mr. Pagan's application, his case will be
reviewed in the Supreme Court, and the decision against him corrected, if
wrong; if these be against his application, he will then be at the end of
the ordinary course of law, at which term alone it is usual for nations to
take up the clause of an individual, and to inquire whether their judges
have refused him justice. At present, therefore, I am not able to say
more, than that the judges of the Supreme Court of the United States will
receive Mr. Pagan's application for a writ of error to revise the judgment
given against him by the inferior court, and that there can be no doubt
they will do on that application what shall be right.
I have the honor to be, with the highest esteem, your most obedient, and
most humble servant.
TO MESSRS. JOHNSON, CARROL, AND STEWART.
Philadelphia, March 6, 1792.
Gentlemen,--It having been found impracticable to employ Major L'Enfant
about the federal city, in that degree of subordination which was lawful
and proper, he has been notified that his services are at an end. It is
now proper that he should receive the reward of his past services; and
the wish that he should have no just cause of discontent, suggests that
it should be liberal. The President thinks of two thousand five hundred,
or three thousand dollars: but leaves the determination to you. Ellicott
is to go on, the week after the next, to finish laying off the plan on
the ground, and surveying and platting the district. I have remonstrated
with him on the excess of five dollars a day and his expenses, and he
has proposed striking off the latter; but this also is left to you, and
to make the allowance retrospective. He is fully apprised that he is
entirely under your orders, and there will be no person employed but under
your orders. The enemies of this enterprise will take advantage of the
retirement of L'Enfant, to trumpet an abortion of the whole. This will
require double exertions, to be counteracted. I enclose you the project
of a loan which is agreed on, if you approve it. Your answer will be
immediately expected, and is kept entirely secret, till the subscriptions
are actually opened. With this money, in aid of your other funds, the
works may be pushed with such spirit as to evince to the world that they
will not be relaxed.
The immediate employment of a superintendent, of activity and intelligence
equal to the nature of his functions and the public expectations, becomes
important. You will, doubtless, also consider it as necessary to advertise
immediately for plans of the Capitol and President's house. The sketch
of an advertisement for the plan of a Capitol, which Mr. Johnson had sent
to the President, is now returned with some alterations, and one also for
a President's house. Both of them are subject to your pleasure, and when
accommodated to that, if you will return them, they shall be advertised
here and elsewhere. The President thinks it of primary importance to press
the providing as great quantities of brick, stone, lime, plank, timber,
&c., this year as possible. It will occur to you that the stone should be
got by a skilful hand. Knowing what will be your funds, you will be able
to decide which of the following works had better be undertaken for the
present year.
The cellars of both houses.
The foundations of one, or both.
Bridge over Rock Creek, and the post road brought over it.
Canal.
Wharves.
The affair of Mr. Carrol, of Duddington's house, seems to call for
settlement. The President thinks the most just course would be, to rebuild
the house in the same degree, using the same materials as far as they will
go, and supplying what are destroyed or rendered unfit; so that the effect
will be in fact, only the removal of the house within his lot, and in a
position square with the streets. Do you not think it would be expedient
to take measures for importing a number of Germans and Highlanders? This
need not be to such an extent as to prevent the employment of eastern
laborers, which is eligible for particular reasons. If you approve of the
importation of Germans and have a good channel for it, you will use it, of
course. If you have no channel, I can help you to one. Though Roberdeau's
conduct has been really blamable, yet we suppose the principal object of
the arrest was to remove him off the ground. As the prosecution of him
to judgment might give room to misrepresentation of the motives, perhaps
you may think it not amiss to discontinue the proceedings. You will
receive herewith a packet of papers, among which are several projects and
estimates which have been given in by different persons, and which are
handed on to you, not as by any means carrying with them any degree of
approbation, but merely, that if you find anything good in them, you may
convert it to some account. Some of these contain the views of L'Enfant.
I have the honor to be, with the most perfect esteem and respect,
gentlemen, your most obedient, and most humble servant.
TO GOUVERNEUR MORRIS.
Philadelphia, March 10, 1792.
Dear Sir,--My letter of January the 23d, put under cover to Mr. Johnson
in London, and sent by a passenger in the British packet of February,
will have conveyed to you your appointment as Minister Plenipotentiary of
the United States, at the court of France. By the Pennsylvania, Captain
Harding, bound to Havre de Grace, and plying pretty regularly between
this place and that, you will receive the present letter, with the laws
of the United States, journals of Congress, and gazettes to this day,
addressed to the care of M. de la Motte. You will also receive a letter
from the President to the King of France, in answer to his announcing
the acceptance of the Constitution, which came to hand only a week ago.
A copy of this letter is sent for your own use. You will be pleased to
deliver the sealed one, (to the minister, I presume, according to the
ancient etiquette of the court,) accompanying it with the assurances
of friendship, which the occasion may permit you to express, and which
are cordially felt by the President and the great body of our nation.
We wish no occasion to be omitted of impressing the National Assembly
with this truth. We had expected, ere this, that in consequence of the
recommendation of their predecessors, some overtures would have been made
to us on the subject of a treaty of commerce. An authentic copy of the
recommendation was delivered, but nothing said about carrying it into
effect. Perhaps they expect that we should declare our readiness to meet
them on the ground of treaty. If they do, we have no hesitation to declare
it. In the meantime, if the present communications produce any sensation,
perhaps it may furnish a good occasion to endeavor to have matters
re-placed _in statu quo_, by repealing the late innovations as to our
ships, tobacco and whale oil. It is right that things should be on their
ancient footing, at opening the treaty. M. Ternant has applied here for
four thousand dollars for the succor of the French colonies. The Secretary
of the Treasury has reason to believe, that the late loan at Antwerp has
paid up all our arrearages to France, both of principal and interest,
and consequently, that there is no part of our debt exigible at this
time. However, the Legislature having authorized the President to proceed
in borrowing to pay off the residue, provided it can be done to the
_advantage_ of the United States, it is thought the law will be satisfied
with _avoiding loss_ to the United States. This has obliged the Secretary
of the Treasury to require some conditions, which may remove from us that
loss which we encountered, from an unfavorable exchange, to pay what was
_exigible_, and transfer it to France as to payments not exigible. These
shall be fully detailed to you when settled. In the meantime, the money
will be furnished as far as it can be done. Indeed, our wishes are cordial
for the re-establishment of peace and commerce in those colonies, and to
give such proofs of our good faith both to them and the mother country,
as to suppress all that jealousy which might oppose itself to the free
exchange of our _mutual productions_, so essential to the prosperity of
those colonies, and to the preservation of _our agricultural_ interest.
This is our true interest and our true object, and we have no reason to
conceal views so justifiable, though the expression of them may require
that the occasions be proper and the terms chosen with delicacy. The
gazettes will inform you of the proceedings of Congress, the laws passed
and proposed, and generally speaking, of all public transactions. You
will perceive that the Indian war calls for sensible exertions. It would
have been a trifle had we only avowed enemies to contend with. The British
court have disavowed all aid to the Indians. Whatever may have been their
orders in that direction, the Indians are fully and notoriously supplied
by their agents with everything necessary to carry on the war. Time will
show how all this is to end. Besides the laws, journals and newspapers,
before mentioned, you will receive herewith the State constitutions, the
census and almanac, and an answer to Lord Sheffield on our commerce. A
cypher is ready for you, but cannot be sent till we can find a trusty
passenger going to Paris.
I am, with great respect and esteem, dear Sir, your most obedient, and
most humble servant.
* * * * *
Since writing the preceding, the two Houses have come to resolutions on
the King's letter, which are enclosed in the President's, and copies of
them accompany this for your use.
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, March 18, 1792.
Gentlemen,--The President having thought proper to appoint you joint
commissioners plenipotentiary, on the part of the United States, to
treat with the court of Madrid on the subjects of the navigation of the
Mississippi, arrangements on our limits, and commerce, you will herewith
receive your commission; as also observations on these several subjects,
reported to the President and approved by him, which will therefore
serve as instructions for you. These expressing minutely the sense of our
government and what they wish to have done, it is unnecessary for me to
do more here than desire you to pursue these objects unremittingly, and
endeavor to bring them to an issue in the course of the ensuing summer.
It is desirable that you should keep an exact journal of what shall pass
between yourselves and the court or their negotiator, and communicate it
from time to time to me, that your progress and prospects may be known.
You will be the best judges whether to send your letters by Lisbon, Cadiz,
or what other route; but we shall be anxious to hear from you as often
as possible. If no safe conveyance occurs from Madrid to Lisbon, and
your matter should be of importance sufficient to justify the expense, a
courier must be sent; but do not incur the expense unless it be to answer
some good end.
I have the honor to be, with great and sincere esteem, Gentlemen, your
most obedient, and most humble servant.
TO WILLIAM SHORT, ESQ.
Philadelphia, March 18, 1792.
Sir,--You will receive herewith a commission appointing Mr. Carmichael and
yourself joint commissioners plenipotentiary for treating on the subject
therein expressed with the Court of Madrid; to which place it is necessary
of course that you repair. The instructions and other papers accompanying
the commission, (and of which no duplicate is hazarded,) leave nothing
to be added here but to express the desire that this object be pursued
immediately. It is hoped that in consequence of my former letter you
will have made the necessary arrangements for an immediate departure on
your receipt of this. You will of course apprise the Court at the Hague
in the most respectful and friendly manner, that matters of high moment
committed to you, oblige you to a temporary absence. You will then be
pleased to proceed by such route as you think best to Madrid, taking care
to furnish yourself from the representative of Spain at the Hague, or
Paris, with such letters or passports as may ensure your papers from being
taken out of your possession, or searched. You will judge from existing
circumstances whether, when you approach the limits of Spain, it may not
be prudent for you to ascertain previously that you will be permitted to
pass unsearched. When arrived at Madrid, the other papers before mentioned
mark out the line to be pursued. I am, with great and sincere esteem, Sir,
your most obedient, and most humble servant.
TO MR. SHORT.
Philadelphia, March 18, 1792.
My Dear Sir,--I shall not repeat in this private dispatch anything said
in the public ones sent herewith. I have avoided saying in them what
you are to do, when the business you go on shall be finished or become
desperate, because I hope to hear what you wish. It is decided that
Carmichael will be permitted to come away at that precise epoch, so you
need have no delicacy on that subject, if you chose to remain there in
your present grade. I become more and more satisfied that the Legislature
will refuse the money for continuing any _diplomatic_ character at the
Hague. I hope you will consider success in the object you go on, as the
most important one of your life: that you will meditate the matter day
and night, and make yourself thoroughly master of it, in every possible
form they may force you to discuss it. A former letter has apprised you
of my private intentions at the close of the present federal cycle. My
successor and his dispositions are equally unknown. The administration
may change then in other of its parts. It is essential that this business
be completed before any idea of these things get abroad. Otherwise Spain
may delay in hopes of a change of consuls here. It will be a great comfort
to leave this business safely and amicably settled, which has so long and
immediately threatened our peace. Gardoqui will probably be the negotiator
on their part. No attentions should be spared towards him, or the Count
Florida Blanca. Let what will be said or done, preserve your _sang froid_
immovably, and to every obstacle, oppose patience, perseverance, and
soothing language. Pardon my sermonizing; it proceeds from the interest
I feel in this business, and in your success. It will be well that you
examine with the most minute attention all the circumstances which may
enable you to judge and communicate to us whether the situation of Spain
admits her to go to war.
The failure of some stock gamblers and some other circumstances, have
brought the public paper low. The 6 per cents have fallen from 26 to
21 1-4, and bank stock from 115 or 120 to 73 or 74, within two or
three weeks. This nefarious business is becoming more and more the
public detestation, and cannot fail, when the knowledge of it shall be
sufficiently extended, to tumble its authors headlong from their heights.
Money is leaving the remoter parts of the Union, and flowing to this place
to purchase paper; and here, a paper medium supplying its place, it is
shipped off in exchange for luxuries. The value of property is necessarily
falling in the places left bare of money. In Virginia, for instance,
property has fallen 25 per cent. in the last twelve months. I wish to God
you had some person who could dispose of your paper at a judicious moment
for you, and invest it in good lands. I would do anything my duty would
permit, but were I to advise your agent (who is himself a stock dealer)
to sell out yours at this or that moment, it would be used as a signal to
guide speculations. There can never be a fear but that the paper which
represents the public debt will be ever sacredly good. The public faith
is bound for this, and no change of system will ever be permitted to
touch this; but no other paper stands on ground equally sure. I am glad
therefore that yours is all of this kind.
Some bishop of Spain, who was for some time in Mexico, found there copies
of Cortez's correspondence, and on his return to Spain, published them.
I have made many efforts to get this book, but in vain. I must beg of
you to procure it for me while there. It is not many years since it was
published. I am, with constant and sincere attachment, dear Sir, your
affectionate friend and servant.
TO MESSRS. DE VIAR AND DE JAUDENES.
Philadelphia, March 23, 1792.
Gentlemen,--I have the honor to inform you that a commission has been
issued to Mr. Carmichael and Mr. Short, as Commissioners Plenipotentiary
for the United States, to confer, treat, and negotiate with any person
or persons duly authorized by his Catholic Majesty, of and concerning
the navigation of the river Mississippi, and such other matters relative
to the confines of their territories, and the intercourse to be had
thereon, as the mutual interests and general harmony of neighboring and
friendly nations require should be precisely adjusted and regulated, and
of and concerning the general commerce between the United States and the
kingdom and dominions of his Catholic Majesty; and to conclude and sign
a treaty or treaties, convention or conventions thereon, saving as usual
the right of ratification, which commission is already on its way to Mr.
Short, whom it will find at the Hague, and who is desired immediately
to proceed to Madrid. I expect his route will be by Bordeaux, and thence
across the Pyrenees by the usual road. Might I hope your application to
your Court to send a passport and proper orders to their officers, where
he must first enter the kingdom, to protect his passage into and through
the kingdom, in order to prevent loss of time, which would be incurred by
his waiting there till he could ask and receive a passport from Madrid?
With the sincerest wishes that the matters not yet settled between the
two countries may be so adjusted as to give a free course to that conduct
on both sides which an unity of interest evidently prescribes, and with
sentiments of perfect esteem and respect for yourselves, I have the honor
to be, Gentlemen, your most obedient, and most humble servant.
TO COLONEL PICKERING.
Philadelphia, March 28, 1792.
Sir,--The President has desired me to confer with you on the proposition
I made the other day, of endeavoring to move the posts at the rate of one
hundred miles a day. It is believed to be practicable here, because it is
practised in every other country. The difference of expense alone appeared
to produce doubts with you on the subject. If you have no engagement
for dinner to-day, and will do me the favor to come and dine with me, we
will be entirely alone, and it will give us time to go over the matter
and weigh it thoroughly. I will, in that case, ask the favor of you to
furnish yourself with such notes as may ascertain the present expense of
the posts, for one day in the week, to Boston and Richmond, and enable us
to calculate the savings which may be made by availing ourselves of the
stages. Be pleased to observe that the stages travel all the day. There
seems nothing necessary for us then, but to hand the mail along through
the night till it may fall in with another stage the next day, if motives
of economy should oblige us to be thus attentive to small savings. If
a little latitude of expense can be allowed, I should be for only using
the stages the first day, and then have our riders. I am anxious that the
thing should be begun by way of experiment, for a short distance, because
I believe it will so increase the income of the post-office as to show we
may go through with it. I shall hope to see you at three o'clock.
I am, with great esteem, Sir, your most obedient humble servant.
TO MR. HAMMOND.
Philadelphia, March 31, 1792.
Sir,--I received yesterday your favor of the day before, and immediately
laid it before the President of the United States. I have it in charge
from him to express to you the perfect satisfaction which these assurances
on the part of your court have given him, that Bowles, who is the
subject of them, is an unauthorized impostor. The promptitude of their
disavowal of what their candor had forbidden him to credit, is a new
proof of their friendly dispositions, and a fresh incitement to us to
cherish corresponding sentiments. To these we are led both by interest
and inclination, and I am authorized to assure you that no occasion will
be omitted on our part, of manifesting their sincerity. I have the honor
to be, with sentiments of the most perfect esteem and respect, Sir, your
most obedient and most humble servant.
TO GOVERNOR PINCKNEY.
Philadelphia, April 1, 1792.
Sir,--Your letter of January the 8th to the President of the United
States, having been referred to me, I have given the subject of it as
mature consideration as I am able. Two neighboring and free governments,
with laws equally mild and just, would find no difficulty in forming
a convention for the interchange of fugitive criminals. Nor would two
neighboring despotic governments, with laws of equal severity. The latter
wish that no door should be opened to their subjects flying from the
oppression of their laws. The fact is, that most of the governments on the
continent of Europe have such conventions; but England, the only free one
till lately, has never yet consented either to enter into a convention
for this purpose, or to give up a fugitive. The difficulty between a
free government and a despotic one, is indeed great. I have the honor to
enclose to your Excellency a sketch of the considerations which occurred
to me on the subject, and which I laid before the President. He has, in
consequence, instructed me to prepare a project of a convention, to be
proposed to the court of Madrid, which I have accordingly done, and now
enclose a copy of it. I wish it may appear to you satisfactory. Against
property we may hope it would be effectual; whilst it leaves a door
open to life and liberty except in a single unquestionable case. Messrs.
Carmichael and Short will be instructed to make this one of the subjects
of their negotiation with the court of Spain.
I have the honor to be, with sentiments of the most perfect esteem and
respect, your Excellency's most obedient and most humble servant.
TO THE COMMISSIONERS OF WASHINGTON.
Philadelphia, April 9, 1792.
Gentlemen,--In a former letter I enclosed you an idea of Mr. Lee's for an
immediate appropriation of a number of lots to raise a sum of money for
erecting a national monument in the city of Washington. It was scarcely
to be doubted but that you would avoid appropriations for matters of
ornament till a sufficient sum should be secured out of the proceeds of
your sales to accomplish the public buildings, bridges and other such
objects as are essential. Mr. Caracchi, the artist, who had proposed to
execute the monument, has had hopes that a subscription set on foot for
that purpose, would have sufficed to effect it. That hope is now over,
and he is about to return to Europe. He is unquestionably an artist of
the first class. He has had the advantage of taking the model of the
President's person in plaster, equal to every wish in resemblance and
spirit. It is pretty certain that the equestrian statue of the President
can never be executed by an equal workman, who has had equal advantages,
and the question is whether a prudent caution will permit you to enter
into any engagement now, taking time enough before the term of payment to
have accomplished the more material objects of the public buildings, &c.
He says to execute the equestrian statue, with the cost of the materials,
in marble, will be worth 20,000 guineas; that he would begin it on his
return, if four or five years hence you can engage to pay him 20,000
dollars, and the same sum annually afterwards, till the whole is paid,
before which time the statue shall be ready. It is rather probable that
within some time Congress would take it off your hands, in compliance
with an ancient vote of that body. The questions for your considerations
are, whether, supposing no difficulty as to the means, you think such a
work might be undertaken by you? Whether you can have so much confidence
in the productiveness of your funds as to engage for a residuum of this
amount, all more necessary objects being first secured, and that this may
be within the time before proposed? and, in fine, which will preponderate
in your minds, the hazard of undertaking this now, or that of losing the
aid of this artist? The nature of this proposition will satisfy you that
it has not been communicated to the President, and of course would not
be, unless a previous acceptance on your part, should render it necessary
to obtain his sanction. Your answer is necessary for the satisfaction of
Mr. Caracchi, at whose instance I submit the proposal to you, and who, I
believe, will only wait here the return of that answer. I have the honor
to be, with the most perfect esteem, gentlemen, your most obedient and
most humble servant.
TO COLONEL N. LEWIS.
Philadelphia, April 12, 1792.
Dear Sir,--Unremitting business must be my apology, as it is really
the true one, for my having been longer without writing to you than my
affections dictated. I am never a day without wishing myself with you,
and more and more as the fine sunshine comes on, which was made for all
the world but me. Congress will rise about the 21st. They have passed
the Representation bill at one for thirty-three thousand, which gives
to Virginia nineteen members. They have voted an army of five thousand
men, and the President has given the command to General Wayne, with four
brigadiers, to wit, Morgan, Brooks, Willet and Wilkinson. Congress is
now engaged on the ways and means of raising money to pay this army. A
further assumption of State debt has been proposed by the Secretary of the
Treasury, which has been rejected by a small majority; but the chickens of
the treasury have so many contrivances, and are so indefatigable within
doors and without, that we all fear they will get it in yet some way or
other. As the doctrine is that a public debt is a public blessing, so they
think a perpetual one is a perpetual blessing, and therefore wish to make
it so large that we can never pay it off. Your friend and servant.
TO THE PRESIDENT.
Philadelphia, April 13, 1792.
Sir,--I have the honor to lay before you a communication from Mr.
Hammond, Minister Plenipotentiary of his Britannic Majesty, covering a
clause of a statute of that country relative to its commerce with us,
and notifying a determination to carry it into execution henceforward.
Conceiving that the determination announced could not be really meant as
extensively as the words import, I asked and received an explanation from
the minister, as expressed in the letter and answer herein enclosed; and
on consideration of all circumstances, I cannot but confide in the opinion
expressed by him, that its sole object is to exclude foreign vessels from
the Islands of Jersey and Guernsey. The want of proportion between the
motives expressed and the measure, its magnitude and consequences, total
silence as to the proclamation on which the intercourse between the two
countries has hitherto hung, and of which, in this broad sense, it would
be a revocation, and the recent manifestations of the disposition of
that government to concur with this in mutual offices of friendship and
good will, support his construction. The minister, moreover, assured me
verbally, that he would immediately write to his court for an explanation,
and in the meantime, is of opinion that the usual intercourse of commerce
between the two countries (Jersey and Guernsey excepted) need not be
suspended.
I have the honor to be, with sentiments of the most profound respect and
attachment Sir, your most obedient and most humble servant.
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, April 24, 1792.
Gentlemen,--My letter of March the 18th, conveyed to you full powers for
treating with Spain on the subjects therein expressed. Since that, our
attention has been drawn to the case of fugitive debtors and criminals,
whereon it is always well that coterminous States should understand one
another, as far as their ideas on the rightful powers of government can be
made to go together. Where they separate, the cases may be left unprovided
for. The enclosed paper, approved by the President, will explain to
you how far we can go, in an agreement with Spain _for her territories
bordering on us_; and the plan of a convention is there stated. You are
desired to propose the matter to that court, and establish with them so
much of it as they approve, filling up the blank for the manner of the
demand by us and compliance with them, in such a way, as their laws and
the organization of their government may require. But recollect that
they bound on us between two and three thousand miles, and consequently,
that they should authorize a delivery by some description of officers
to be found on every inhabitable part of their border. We have thought
it best to agree, specially, the manner of proceeding _in our country_,
on a demand of theirs, because the convention will in that way execute
itself, without the necessity of a new law for the purpose. Your general
powers being comprehensive enough to take in this subject, no new ones
are issued.
I have the honor to be, with great respect, Gentlemen, your most obedient,
and most humble servant.
[The annexed are the papers referred to in the preceding.]
_Project of a convention with the Spanish provinces._
Any person having committed murder or malice prepense, not of the nature
of treason, within the United States or the Spanish provinces adjoining
thereto, and fleeing from the justice of the country, shall be delivered
up by the government where he shall be found, to that from which he fled,
whenever demanded by the same.
The manner of the demand by the Spanish government, and of the compliance
by that of the United States, shall be as follows. The person authorized
by the Spanish government where the murder was committed, to pursue the
fugitive, may apply to any justice of the Supreme Court of the United
States, or to the district judge of the place where the fugitive is,
exhibiting proof on oath that a murder has been committed by the said
fugitive within the said government, who shall thereon issue his warrant
to the marshal or deputy marshal of the same place, to arrest the fugitive
and have him before the said district judge, or the said pursuer may apply
to such marshal or deputy marshal directly, who, on exhibition of proof
as aforesaid, shall thereupon arrest the fugitive, and carry him before
the said district judge; and when before him in either way, he shall
within not less than ---- days, nor more than ----, hold a special court
of inquiry, causing a grand jury to be summoned thereto, and charging
them to inquire whether the fugitive hath committed a murder, not of
the nature of treason, within the province demanding him, and on their
finding a true bill, the judge shall order the officer in whose custody
the fugitive is, to deliver him over to the person authorized as aforesaid
to receive him, and shall give such further authorities to aid the said
person in safe keeping and conveying the said fugitive to the limits of
the United States, as shall be necessary and within his powers; and his
powers shall expressly extend to command the aid of _posse_ of every
district through which the said fugitive is to be carried. And the said
justices, judges and other officers, shall use in the premises the same
process and proceedings, _mutatis mutandis_, and govern themselves by the
same principles and rules of law, as in cases of murder committed on the
high seas.
And the manner of demand by the United States and of compliance by the
Spanish government, shall be as follows. The person authorized by a
justice of the Supreme Court of the United States, or by the district
judge where the murder was committed, to pursue the fugitive, may apply
to ----
Evidence on oath, though written and _ex parte_, shall have the same
weight with the judge and grand jury in the preceding cases, as if the
same had been given before them orally and in presence of the prisoner.
The courts of justice of the said States and provinces, shall be
reciprocally open for the demand and recovery of debts due to any person
inhabiting the one, from any person fled therefrom and found in the other,
in like manner as they are open to their own citizens; likewise, for the
recovery of the property, or the value thereof, carried away from any
person inhabiting the one, by any person fled therefrom and found in the
other, which carrying away shall give a right of civil action, whether
the fugitive came to the original possession lawfully or unlawfully,
even feloniously; likewise, for the recovery of damages sustained by any
forgery committed by such fugitive. And the same provision shall hold
in favor of the representatives of the original creditor or sufferer,
and against the representatives of the original debtor, carrier away or
forger; also, in favor of either government or of corporations, as of
natural persons. But in no case, shall the person of the defendant be
imprisoned for the debt, though the process, whether original, mesne,
or final, be for the form sake directed against his person. If the time
between the flight and the commencement of the action exceed not ----
years, it shall be counted but as one day under any act of limitations.
This convention shall continue in force ---- years from the exchange of
ratifications, and shall not extend to anything happening previous to such
exchange.
_Heads of consideration on the establishment of conventions between the
United States and their neighbors, for the mutual delivery of fugitives
from justice._
Has a nation a right to punish a person who has not offended itself?
Writers on the law of nature agree that it has not. That, on the contrary,
exiles and fugitives are, to it, as other strangers, and have a right
of residence, unless their presence would be noxious; e. g. infectious
persons. One writer extends the exception to atrocious criminals, too
imminently dangerous to society; namely, to pirates, murderers, and
incendiaries. Vattel, L.1.5. 233.
The punishment of _piracy_ being provided for by our laws, need not be so
by convention.
_Murder._ Agreed that this is one of the extreme crimes justifying a
denial of habitation, arrest and re-delivery. It should be carefully
restrained by definition to homicide of _malice prepense, and not of the
nature of treason_.
_Incendiaries_, or those guilty of _arson_. This crime is so rare as not
to call for extraordinary provision by a convention. The only _rightful_
subject then of arrest and delivery, for which we have _need_, is
_murder_. Ought we to wish to strain the natural right of arresting and
re-delivering fugitives to other cases?
The punishment of all real crimes is certainly desirable, as a security to
society; the security is greater in proportion as the chances of avoiding
punishment are less. But does the fugitive, from his country avoid
punishment? He incurs exile, not voluntary, but under a moral necessity
as strong as physical. Exile, in some countries, has been the highest
punishment allowed by the laws. To most minds it is _next to death_;
to many _beyond it_. The fugitive indeed is not of the latter; he must
estimate it somewhat _less than death_. It may be said that to _some_, as
foreigners, it is no punishment.
Answer. These cases are few. Laws are to be made for the mass of cases.
The object of a convention then, in other cases, would be, that the
fugitive might not avoid the _difference between exile and the legal
punishment of the case_. Now in what case would this _difference_ be so
important, as to overweigh even the single inconvenience of multiplying
compacts?
1. _Treason._ This, when real, merits the highest punishment. But most
codes extend their definitions of treason to acts not really against one's
country. They do not distinguish between acts against the _government_ and
acts against the _oppressions of the government_; the latter are virtues;
yet they have furnished more victims to the executioner than the former;
because real treasons are rare; oppressions frequent. The unsuccessful
strugglers against tyranny, have been the chief martyrs of treason laws
in all countries.
Reformation of government with _our_ neighbors, being as much wanted
now as reformation of religion is, or ever was anywhere, we should not
wish then, to give up to the executioner, the patriot who fails, and
flees to us. Treasons then, taking the _simulated_ with the _real_, are
sufficiently punished by exile.
2. Crimes against _property_; the punishment in most countries, immensely
disproportionate to the crime.
In England and probably in Canada, to steal a horse is death, the first
offence; to steal above the value of twelve pence is death, the second
offence. All _excess_ of punishment is a crime. To remit a fugitive to
excessive punishment is to be accessary to the crime. Ought we to wish for
the obligation, or the right to do it? Better, on the whole, to consider
these crimes as sufficiently punished by the exile.
There is one crime, however, against property, pressed by its consequences
into more particular notice, to-wit:
_Forgery_, whether of _coin_ or _paper_; and whether paper of _public_ or
_private_ obligation. But the fugitive for forgery is punished by exile
and confiscation of the property he leaves; to which add by convention,
a civil action against the property he carries or acquires, to the amount
of the special damage done by his forgery.
The _carrying away_ of the property of another, may also be reasonably
made to found a _civil_ action. A convention then may include forgery and
the carrying away the property of others under the head of,
3. _Flight from debts._
To remit the fugitive in this case, would be to remit him in every case.
For in the present state of things, it is next to impossible not to owe
something. But I see neither injustice nor inconvenience in permitting the
fugitive to be sued in our courts. The laws of some countries punishing
the unfortunate debtor by perpetual imprisonment, he is right to liberate
himself by flight, and it would be wrong to re-imprison him in the
country to which he flies. Let all process, therefore, be confined to his
property.
_Murder_, not amounting to treason, being the only case in which the
fugitive is to be delivered:
On what _evidence_, and _by whom_, shall he be delivered?
In this country, let any justice of the Supreme Court of the United
States, or other judge of the district where the fugitive is found, use
the same proceedings as for a murder committed on the high seas, until
the _finding_ of the "_true bill_" by the grand jury; but evidence on oath
from the country demanding him, though in _writing_ and _ex parte_, should
have the same effect as if delivered _orally_ at the _examination_.
A true bill being found by the grand jury, let the officer in whose
custody the fugitive is, deliver him to the person charged to demand and
receive him.
In the British provinces adjoining us the same proceedings will do.
In the Spanish provinces, a proceeding adapted to the course of their laws
should be agreed on.
March 22, 1792.
TO GOUVERNEUR MORRIS.
Philadelphia, April 28, 1792.
Dear Sir,--My last letter to you was of the 10th of March. The preceding
one of January the 23d, had conveyed to you your appointment as Minister
Plenipotentiary to the court of France. The present will, I hope, find you
there. I now enclose you the correspondence between the Secretary of the
Treasury and minister of France, on the subject of the moneys furnished
to the distressed of their colonies. You will perceive that the minister
chose to leave the adjustment of the terms to be settled at Paris, between
yourself and the King's ministers. This you will therefore be pleased
to do on this principle; that we wish to avoid any loss by the mode of
payment, but would not choose to make a gain which should throw loss on
them. But the letters of the Secretary of the Treasury will sufficiently
explain the desire of the government, and be a sufficient guide to you.
I now enclose you the act passed by Congress for facilitating the
execution of the consular convention with France. In a bill which has
passed the House of Representatives for raising moneys for the support of
the Indian war, while the duties on every other species of wine are raised
from one to three-fourths more than they were, the best wines of France
will pay little more than the worst of any other country, to wit, between
six and seven cents a bottle; and where this exceeds forty per cent. on
their cost, they will pay but the forty per cent. I consider this latter
provision as likely to introduce in abundance the cheaper wines of France,
and the more so, as the tax on ardent spirits is considerably raised.
I hope that these manifestations of friendly dispositions towards that
country, will induce them to repeal the very obnoxious laws respecting
our commerce, which were passed by the preceding National Assembly. The
present session of Congress will pass over, without any other notice of
them than the friendly preferences before mentioned. But if these should
not produce a retaliation of good on their part, a retaliation of evil
must follow on ours. It will be impossible to defer longer than the
next session of Congress, some counter regulations for the protection
of our navigation and commerce. I must entreat you therefore, to avail
yourself of every occasion of friendly remonstrance on this subject.
If they wish an equal and cordial treaty with us, we are ready to enter
into it. We would wish that this could be the scene of negotiation, from
considerations suggested by the nature of our government, which will
readily occur to you. Congress will rise on this day sen'night. I enclose
you a letter from Mrs. Greene, who asks your aid in getting her son
forwarded by the Diligence to London, on his way to America. The letter
will explain to you the mode and the means, and the parentage and genius
of the young gentleman will insure your aid to him. As this goes by the
French packet, I send no newspapers, laws, or other articles of that kind,
the postage of which would be high.
I am, with great and sincere esteem, dear Sir, your most obedient, and
most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, May 16, 1792.
Dear Sir,--The day after your departure, I received from a Mr. Green,
a merchant now at New York, through a third person, the following
communication: "that he had had very _late_ advices from Spain, _by
way of the Spanish islands_, to this effect, that war with France was
inevitable, that troops were marching from all quarters of the kingdom
to the frontiers, and that fifty sail of the line had been commissioned."
This was permitted to be mentioned to me, but, for particular reasons, to
no other persons. I suppose the particular reasons were some mercantile
speculation founded on the intelligence; perhaps it may be to buy up all
our flour. We have London news from the 1st of April, and nothing of this
is mentioned. I have a letter from Colonel Humphreys of March 18, which
says nothing of it. I am in hopes, therefore, the only effect will be
to get us a good price for our flour or fish; this being our look out,
while the success of the speculation is that of the adventurer. You will
recollect that we had learned the death of the Emperor of Morocco, after
a battle in which he was victorious. The brother opposed to him, it seems,
was killed in the same action, and the one--Muley Islema--who had been so
long in the sanctuary, is proclaimed Emperor. He was the best character of
the three, and is likely to be peaceable. This information is from Colonel
Humphreys. The Queen of Portugal is still in the same state. Wyllys does
not pronounce her curable, though he says there is nothing which indicates
the contrary. He has removed from her all her former physicians. Mr.
Madison has favored me with some corrections for my letter to Mr. H. It
is now in the hands of the Attorney General, and shall then be submitted
to Colonel Hamilton. I find that these examinations will retard the
delivery of it considerably. However, delay is preferable to error. Mr.
Pinckney is engaged in going over such papers of my office as may put him
in possession of whatever has passed between us and the court he is going
to. I have one hundred olive trees, and some caper plants, arrived here
from Marseilles, which I am sending on to Charleston, where, Mr. Pinckney
tells me, they have already that number living of those I had before sent
them. I have the honor to be, with sentiments of the most perfect respect
and attachment, dear Sir, your most obedient, and most humble servant.
TO MESSRS. DE VIAR AND DE JAUDENES.
Philadelphia, May 17, 1792.
Gentlemen,--We lately received from Mr. Leagrove, our Indian agent for
the Southern Department, a letter, of which the enclosed is an extract,
whereby it appeared that a party of the Creek Indians, under the influence
of the adventurer Bowles, had meditated some depredations on the Spanish
settlements, from which they had been diverted by a friend of our
agent, but that their disposition to do injury was, perhaps, not quite
extinguished. Sensible how much it is in the power of neighbor nations
to contribute to mutual happiness and prosperity, by faithfully using
their good offices wherever they can procure the peace and advantage
of each other, and feeling a union of interest with Spain in whatever
regards the adjacent possessions, we have not hesitated to give general
instructions to our agent in that department to cultivate in the Indians
the same friendly dispositions towards the Spanish settlements as towards
ourselves, and to promote their peace and interest in every case with the
same zeal as our own.
I have the honor to enclose you one of those orders, to congratulate you
on the intelligence that the leader, who gave occasion to this particular
interposition, is no longer in a situation to threaten further danger,
and to assure you that, as far as shall depend on us, we will, on every
future occasion, sincerely use what influence we may have with the Indians
to discountenance and prevent every measure they may meditate against the
peace or prosperity of your subjects.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Gentlemen, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, May 18, 1792.
Dear Sir,--Since I wrote you the day before yesterday, I have received
a letter of March 25, from Colonel Humphreys, informing me that the
Queen of Portugal was considerably better, as also mentioning the death
of the Emperor of Germany. What effect this last event will have on the
affairs of Europe, cannot be foreseen, the character of the successor
being absolutely unknown. He is twenty-four years of age. One would
conjecture that, if he has any dispositions to war, he would think a
little time necessary to get his election passed in form, to see if the
troubles within his dominions quieted by his father, would be likely to
break out or not, &c., and that this would hold him back one campaign.
Still, this event renders peace less certain, as the character of his
father was so decidedly pacific, that one might count on that. There
seems to have been a magnificent story current in London for the three or
four last days of March, of the capture of Seringapatam and Tippoo Saib,
great slaughter, &c.; but, on the 1st of April, the date of the latest
paper which the vessel brings (she is from Glasgow), it had died away to
a _hum_ raised by stock jobbers, who wanted to sell out. It did in fact
raise East India stock two or three per cent. Still it was not fallen into
entire discredit, as appears by some paragraphs, and consequently cannot
be decidedly pronounced untrue. Perhaps the contradiction of it was the
counter hum of those who wanted to buy in.
I have the honor to be, with great and sincere respect and attachment,
dear Sir, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, May 23, 1792.
Dear Sir,--I have determined to make the subject of a letter what for some
time past has been a subject of inquietude to my mind, without having
found a good occasion of disburthening itself to you in conversation,
during the busy scenes which occupied you here. Perhaps, too, you may be
able in your present situation, or on the road, to give it more time and
reflection than you could do here at any moment.
When you first mentioned to me your purpose of retiring from the
government, though I felt all the magnitude of the event, I was in
a considerable degree silent. I knew that, to such a mind as yours,
persuasion was idle and impertinent; that before forming your decision you
had weighed all the reasons for and against the measure, had made up your
mind on full view of them, and that there could be little hope of changing
the result. Pursuing my reflections, too, I knew we were some day to try
to walk alone, and if the essay should be made while you should be alive
and looking on, we should derive confidence from that circumstance, and
resource, if it failed. The public mind, too, was calm and confident, and
therefore in a favorable state for making the experiment. Had no change of
circumstances intervened, I should not, with any hopes of success, have
now ventured to propose to you a change of purpose. But the public mind
is no longer confident and serene; and that from causes in which you are
no ways personally mixed. Though these causes have been hackneyed in the
public papers in detail, it may not be amiss, in order to calculate the
effect they are capable of producing, to take a view of them in the mass,
giving to each the form, real or imaginary, under which they have been
presented.
It has been urged, then, that a public debt, greater than we can possibly
pay, before other causes of adding new debt to it will occur, has been
artificially created by adding together the whole amount of the debtor and
creditor sides of accounts, instead of only taking their balances, which
could have been paid off in a short time: that this accumulation of debt
has taken forever out of our power those easy sources of revenue which,
applied to the ordinary necessities and exigencies of government, would
have answered them habitually, and covered us from habitual murmurings
against taxes and tax-gatherers, reserving extraordinary calls for those
extraordinary occasions which would animate the people to meet them:
that though the calls for money have been no greater than we must expect
generally, for the same or equivalent exigencies, yet we are already
obliged to strain the impost till it produces clamor, and will produce
evasion and war on our own citizens to collect it, and even to resort
to an _excise_ law of odious character with the people, partial in its
operation, unproductive unless enforced by arbitrary and vexatious means,
and committing the authority of the government in parts where resistance
is most probable and coercion least practicable. They cite propositions
in Congress, and suspect other projects on foot still to increase the
mass of debt. They say, that by borrowing at two-thirds of the interest,
we might have paid off the principal in two-thirds of the time; but that
from this we are precluded by its being made irredeemable but in small
portions and long terms; that this irredeemable quality was given it for
the avowed purpose of inviting its transfer to foreign countries. They
predict that this transfer of the principal, when completed, will occasion
an exportation of three millions of dollars annually for the interest,
a drain of coin, of which, as there has been no examples, no calculation
can be made of its consequences: that the banishment of our coin will be
complicated by the creation of ten millions of paper money, in the form of
bank bills now issuing into circulation. They think the ten or twelve per
cent. annual profit paid to the lenders of this paper medium taken out of
the pockets of the people, who would have had without interest the coin
it is banishing: that all the capital employed in paper speculation is
barren and useless, producing, like that on a gaming table, no accession
to itself, and is withdrawn from commerce and agriculture, where it
would have produced addition to the common mass: that it nourishes in our
citizens habits of vice and idleness, instead of industry and morality:
that it has furnished effectual means of corrupting such a portion of the
legislature as turns the balance between the honest voters, whichever
way it is directed: that this corrupt squadron, deciding the voice of
the legislature, have manifested their dispositions to get rid of the
limitations imposed by the Constitution on the general legislature,
limitations, on the faith of which, the States acceded to that instrument:
that the ultimate object of all this is to prepare the way for a change
from the present republican form of government to that of a monarchy,
of which the English constitution is to be the model: that this was
contemplated by the convention is no secret, because its partisans have
made more of it. To effect it then was impracticable, but they are still
eager after their object, and are predisposing everything for its ultimate
attainment. So many of them have got into the Legislature, that, aided
by the corrupt squadron of paper dealers, who are at their devotion, they
make a majority in both houses. The republican party, who wish to preserve
the government in its present form, are fewer in number; they are fewer
even when joined by the two, three, or half dozen anti-federalists, who,
though they dare not avow it, are still opposed to any general government;
but, being less so to a republican than a monarchical one, they naturally
join those whom they think pursuing the lesser evil.
Of all the mischiefs objected to the system of measures before mentioned,
none is so afflicting and fatal to every honest hope, as the corruption
of the Legislature. As it was the earliest of these measures, it became
the instrument for producing the risk, and will be the instrument for
producing in future a king, lords and commons, or whatever else those
who direct it may choose. Withdrawn such a distance from the eye of
their constituents, and these so dispersed as to be inaccessible to
public information, and particularly to that of the conduct of their own
representatives, they will form the most corrupt government on earth,
if the means of their corruption be not prevented. The only hope of
safety hangs now on the numerous representation which is to come forward
the ensuing year. Some of the new members will be, probably, either in
principle or interest, with the present majority; but it is expected
that the great mass will form an accession to the republican party. They
will not be able to undo all which the two preceding Legislatures, and
especially the first, have done. Public faith and right will oppose this.
But some parts of the system may be rightfully reformed, a liberation from
the rest unremittingly pursued as fast as right will permit, and the door
shut in future against similar commitments of the nation. Should the next
Legislature take this course, it will draw upon them the whole monarchical
and paper interest; but the latter, I think, will not go all lengths with
the former, because creditors will never, of their own accord, fly off
entirely from their debtors; therefore, this is the alternative least
likely to produce convulsion. But should the majority of the new members
be still in the same principles with the present, and show that we have
nothing to expect but a continuance of the same practices, it is not easy
to conjecture what would be the result, nor what means would be resorted
to for correction of the evil. True wisdom would direct that they should
be temperate and peaceable; but the division of sentiment and interest
happens unfortunately to be so geographical, that no mortal can say that
what is most wise and temperate would prevail against what is most easy
and obvious? I can scarcely contemplate a more incalculable evil than the
breaking of the Union into two or more parts. Yet when we consider the
mass which opposed the original coalescence; when we consider that it
lay chiefly in the Southern quarter; that the Legislature have availed
themselves of no occasion of allaying it, but on the contrary, whenever
Northern and Southern prejudices have come into conflict, the latter
have been sacrificed and the former soothed; that the owers of the debt
are in the Southern, and the holders of it in the Northern division;
that the anti-federal champions are now strengthened in argument by the
fulfillment of their predictions; that this has been brought about by
the monarchical federalists themselves, who, having been for the new
government merely as a stepping stone to monarchy, have themselves adopted
the very constructions of the Constitution, of which, when advocating
its acceptance before the tribunal of the people, they declared it
unsusceptible; that the republican federalists who espoused the same
government for its intrinsic merits, are disarmed of their weapons; that
which they denied as prophecy, having now become true history, who can
be sure that these things may not proselyte the small number which was
wanting to place the majority on the other side? And this is the event at
which I tremble, and to prevent which I consider your continuing at the
head of affairs as of the last importance. The confidence of the whole
Union is centred in you. Your being at the helm will be more than an
answer to every argument which can be used to alarm and lead the people
in any quarter, into violence and secession. North and South will hang
together if they have you to hang on; and if the first correction of a
numerous representation should fail in its effect, your presence will give
time for trying others, not inconsistent with the union and peace of the
States.
I am perfectly aware of the oppression under which your present office
lays your mind, and of the ardor with which you pant for domestic life.
But there is sometimes an eminence of character on which society have such
peculiar claims as to control the predelictions of the individual for
a particular walk of happiness, and restrain him to that alone arising
from the present and future benedictions of mankind. This seems to be
your condition, and the law imposed on you by providence in forming your
character, and fashioning the events on which it was to operate; and it
is to motives like these, and not to personal anxieties of mine or others
who have no right to call on you for sacrifices, that I appeal, and urge
a revisal of it, on the ground of change in the aspect of things. Should
an honest majority result from the new and enlarged representation; should
those acquiesce whose principles or interest they may control, your wishes
for retirement would be gratified with less danger, as soon as that shall
be manifest, without awaiting the completion of the second period of four
years. One or two sessions will determine the crisis; and I cannot but
hope that you can resolve to add more to the many years you have already
sacrificed to the good of mankind.
The fear of suspicion that any selfish motive of continuance in office
may enter into this solicitation on my part, obliges me to declare that
no such motive exists. It is a thing of mere indifference to the public
whether I retain or relinquish my purpose of closing my tour with the
first periodical renovation of the government. I know my own measure
too well to suppose that my services contribute anything to the public
confidence, or the public utility. Multitudes can fill the office in
which you have been pleased to place me, as much to their advantage
and satisfaction. I have, therefore, no motive to consult but my own
inclination, which is bent irresistibly on the tranquil enjoyment of my
family, my farm and my books. I should repose among them, it is true, in
far greater security, if I were to know that you remained at the watch;
and I hope it will be so. To the inducements urged from a view of our
domestic affairs, I will add a bare mention, of what indeed need only to
be mentioned, that weighty motives for your continuance are to be found
in our foreign affairs. I think it probable that both the Spanish and
English negotiations, if not completed before your purpose is known, will
be suspended from the moment it is known, and that the latter nation will
then use double diligence in fomenting the Indian War. With my wishes for
the future, I shall at the same time express my gratitude for the past,
at least my portion in it; and beg permission to follow you, whether in
public or private life, with those sentiments of sincere attachment and
respect, with which I am unalterably, dear Sir, your affectionate friend
and humble servant.
MR. JEFFERSON, SECRETARY OF STATE OF THE UNITED STATES, TO MR. HAMMOND.
Philadelphia, May 29, 1792.
Sir,--Your favor of March 5th has been longer unanswered than consisted
with my wishes, to forward as much as possible explanations of the
several matters it contained. But these matters were very various, and
the evidence of them not easily to be obtained, even were it could be
obtained at all. It has been a work of time and trouble, to collect from
the different States all the acts themselves, of which you had cited the
titles, and to investigate the judiciary decisions which were classed with
those acts as infractions of the treaty of peace. To these causes of delay
may be added the daily duties of my office, necessarily multiplied during
the sessions of the Legislature.
Section 1. I can assure you with truth, that we meet you on this
occasion, with the sincerest dispositions to remove from between the
two countries those obstacles to a cordial friendship, which have arisen
from an inexecution of some articles of the treaty of peace. The desire
entertained by this country, to be on the best terms with yours, has
been constant, and has manifested itself through its different forms of
administration, by repeated overtures to enter into such explanations and
arrangements as should be right and necessary to bring about a complete
execution of the treaty. The same dispositions lead us to wish, that the
occasion now presented should not be defeated by useless recapitulations
of what had taken place anterior to that instrument. It was with concern,
therefore, I observed that you had thought it necessary to go back to
the very commencement of the war, and in several parts of your letter
to enumerate and comment on all the acts of our different legislatures,
passed during the whole course of it, in order to deduce from thence,
imputations which your justice would have suppressed, had the whole truth
been presented to your view, instead of particular traits, detached from
the ground on which they stood. However easy it would be to justify our
country, by bringing into view the whole ground, on both sides, to show
that legislative warfare began with the British Parliament; that when they
levelled at persons or property, it was against entire towns or countries,
without discrimination of cause or conduct, while we touched individuals
only; naming them man by man, after due consideration of each case, and
careful attention not to confound the innocent with the guilty; however
advantageously we might compare the distant and tranquil situation of
their Legislature with the scenes in the midst of which ours were obliged
to legislate; and might then ask, whether the difference of circumstance
and situation would not have justified a contrary difference of conduct,
and whether the wonder ought to be, that our legislatures had done so
much, or so little? we will waive all this, because it would lead to
recollections, as unprofitable as unconciliating. The titles of some of
your acts, and a single clause of one of them only, shall be thrown among
the documents at the end of this letter, No. 1, 2, and with this we will
drop forever the curtain on this tragedy!
Sec. 2. We now come together to consider that instrument which was to heal
our wounds, and begin a new chapter in our history. The state in which
that found things, is to be considered as rightful: so says the law of
nations. [6]"L'état où les choses se trouvent au moment du traité doit
passer pour legitime; et si l'on veut y apporter du changement il faut que
le traité en fasse une mention expresse. Par consequent toutes les choses
dont le traité ne dit rien, doivent demeurer dans l'etat où elles se
trouvent lors de sa conclusion." Vattel, 1. 4, s. 21. [7]"De quibus nihil
dictum, ea manent quo sunt loco." Wolf, 1222. No alterations then are to
be claimed on either side, but those which the treaty has provided. The
moment, too, to which it refers, as a rule of conduct for this country at
large, was the moment of its notification to the country at large. Vattel,
1. 4, s. 24. [8]"Le traité de paix oblige les _parties contractantes_ du
moment qu'il est conclu aussitôt qu'il a reçu toute sa forme; et elles
doivent procurer incessamment l'execution; mais ce traité n'oblige les
_sujets_ que du moment qu'il leur est notifié." And s. 25. "Le traité
devient _par la publication_, une loi pour les sujets, et ils sont obligés
de se conformer désormais aux dispositions dont on y est convenu." And
another author as pointedly says, [9]"Pactio pacis _paciscentes_ statim
obligat quam primum _perfecta_, cum ex pacto veniat obligatio. Subditos
vero et milites, quam primum iisdem fuerit _publicata_; cum de eâ _ante
publicationem ipsis certo constare non possit_." Wolf, s. 1229. It was
stipulated, indeed, by the ninth article, that "if, before its arrival in
America," any place or territory, belonging to either party, should be
conquered by the arms of the other, it should be restored. This was the
only case in which transactions, intervening between the signature and
publication, were to be nullified.
Congress, on the 24th of March, 1783, received informal intelligence
from the Marquis de la Fayette, that provisional articles were concluded;
and, on the same day, they received a copy of the articles, in a letter
of March 19th, from General Carleton and Admiral Digby. They immediately
gave orders for recalling all armed vessels, and communicated the orders
to those officers, who answered, on the 26th and 27th, that they were not
authorized to concur in the recall of armed vessels, on their part. On the
11th of April, Congress received an official copy of these articles from
Dr. Franklin, with notice that a preliminary treaty was now signed between
France, Spain and England. The event having now taken place on which the
provisional articles were to come into effect, on the usual footing of
preliminaries, Congress immediately proclaim them, and, on the 19th of
April, a cessation of hostilities is published by the commander-in-chief.
These particulars place all acts preceding the 11th of April out of
the present discussion, and confine it to the treaty itself, and the
circumstances attending its execution. I have therefore taken the liberty
of extracting from your list of American acts all of those preceding
that epoch, and of throwing them together in the paper No. 6, as things
out of question. The subsequent acts shall be distributed, according to
their several subjects, of I. Exile and confiscation: II. Debts: and III.
Interest on those debts:
Beginning, I. with those of exile and confiscation, which will be
considered together, because blended together in most of the acts, and
blended also in the same article of the treaty.
Sec. 3. It cannot be denied that the state of war strictly permits
a nation to seize the property of its enemies found within its own
limits, or taken in war, and in whatever form it exists, whether in
action or possession. This is so perspicuously laid down by one of the
most respectable writers on subjects of this kind, that I shall use his
words, [10]"Cum ea sit belli conditio, ut hostes sint omni jure spoliati,
rationis est, quascunque res hostium apud hostes inventas dominum mutare,
et fisco cedere. Solet præterea in singulis fere belli indictionibus
constitui, ut bona hostium, tam _apud nos reperta_, quam capta bello
publicentur. Si merum jus belli sequamur, etiam _immobilia_ possent vendi,
et eorum pretium in fiscum redigi, ut in mobilibus obtinet. Sed in omni
fere Europa sola fit annotatio, ut eorum fructus, durante bello, percipiat
fiscus, finito autem bello, ipsa immobilia ex pactis restituuntur
pristinis dominis." Bynkersh. Quest. Jur. Pub. 1. 1, c. 7. Every nation,
indeed, would wish to pursue the latter practice, if under circumstances
leaving them their usual resources. But the circumstances of our war were
without example; excluded from all commerce, even with neutral nations,
without arms, money, or the means of getting them abroad, we were obliged
to avail ourselves of such resources as we found at home. Great Britain,
too, did not consider it as an ordinary war, but a rebellion; she did
not conduct it according to the rules of war, established by the law of
nations, but according to her acts of parliament, made from time to time,
to suit circumstances. She would not admit our title even to the _strict
rights_ of ordinary war; she cannot then claim from us its _liberalities_;
yet the confiscations of property were by no means universal, and that of
debts still less so. What effect was to be produced on them by the treaty,
will be seen by the words of the fifth article, which are as follows:
Sec. 4. "Art. V. It is agreed, that the Congress shall earnestly
recommend it to the Legislatures of the respective States, to provide
for the restitution of all estates, rights, and properties, which have
been confiscated, belonging to real British subjects, and also of the
estates, rights, and properties, of persons resident in districts in the
possession of his Majesty's arms, and who have not borne arms against the
said United States; and that persons of any other description shall have
free liberty to go to any part or parts of the thirteen United States, and
therein to remain twelve months, unmolested in their endeavors to obtain
the restitution of such of their estates, rights, and properties, as may
have been confiscated; and that Congress shall also earnestly recommend
to the several States a reconsideration and revision of all acts or laws
regarding the premises, so as to render the said laws or acts perfectly
consistent, not only with justice and equity, but with that spirit of
conciliation, which, on the return of the blessings of peace, should
universally prevail; and that Congress shall also earnestly recommend
to the several States, that the estates, rights, and properties, of such
last-mentioned persons, shall be restored to them, they refunding to any
persons, who may be now in possession, the bona fide price (where any
has been given), which such persons may have paid on purchasing any of
the said lands, rights, or properties, since the confiscation. And it
is agreed, that all persons who have any interest in confiscated lands,
either by debts, marriage, settlements, or otherwise, shall meet with no
lawful impediment in the prosecution of their just rights."
"Art. VI. That there shall be no future confiscations made."
Sec. 5. Observe, that in every other article, the parties agree expressly,
that such and such things _shall be done_; in this, they only agree to
_recommend_ that they shall be done. You are pleased to say (page 7), "It
cannot be presumed, that the Commissioners, who negotiated the treaty of
peace, would engage, in behalf of Congress, to make _recommendations_ to
the Legislatures of the respective States, which they did not expect to
be effectual, or enter into direct stipulations which they had not the
power to enforce." On the contrary, we may fairly presume that, if they
had had the power to _enforce_, they would not merely have _recommended_.
When, in every other article, they agree expressly _to do_, why in
this do they change the style suddenly, and agree only to _recommend_?
Because the things here proposed to be done were retrospective in their
nature--would tear up the laws of the several States, and the contracts
and transactions, private and public, which had taken place under them;
and retrospective laws were forbidden by the constitutions of several of
the States. Between persons whose native language is that of his treaty,
it is unnecessary to explain the difference between _enacting_ a thing to
be done, and _recommending_ it to be done; the words themselves being as
well understood as any by which they could be explained. But it may not
be unnecessary to observe, that _recommendations_ to the people, instead
of _laws_, had been introduced among us, and were rendered familiar in
the interval between discontinuing the old, and establishing the new
governments. The conventions and committees who then assembled, to guide
the conduct of the People, having no authority to oblige them by law,
took up the practice of simply recommending measures to them. These
recommendations they either complied with or not, at their pleasure. If
they refused, there was complaint, but no compulsion. So, after organizing
the Governments, if at any time it became expedient that a thing should
be done, which Congress, or any other of the organized bodies, were not
authorized to ordain, they simply recommended, and left to the People,
or their Legislatures, to comply, or not, as they pleased. It was
impossible that the negotiators on either side should have been ignorant
of the difference between agreeing _to do_ a thing, and agreeing only to
_recommend_ it to be done. The import of the terms is so different, that
no deception or surprise could be supposed, even if there were no evidence
that the difference was attended to, explained, and understood.
Sec. 6. But the evidence on this occasion removes all question. It is
well known that the British court had it extremely at heart, to procure
a restitution of the estates of the refugees who had gone over to their
side; that they proposed it in the first inferences, and insisted on it to
the last; that our commissioners, on the other hand, refused it from first
to last, urging, 1st. That it was unreasonable to restore the confiscated
property of the refugees, unless they would reimburse the destruction of
the property of our citizens, committed on their part; and 2dly. That it
was beyond the powers of the commissions to stipulate, or of Congress to
enforce. On this point, the treaty hung long. It was the subject of a
special mission of a confidential agent of the British negotiator from
Paris to London. It was still insisted on, on his return, and still
protested against, by our commissioners; and when they were urged to
agree only, that Congress should _recommend_ to the State Legislatures
to restore the estates, &c., of the refugees, they were expressly told
that the Legislatures would not regard the recommendation. In proof of
this, I subjoin extracts from the letters and journals of Mr. Adams and
Dr. Franklin, two of our commissioners, the originals of which are among
the records of the Department of State, and shall be open to you for a
verification of the copies. These prove, beyond all question, that the
difference between an express agreement to do a thing, and to recommend
it to be done, was well understood by both parties, and that the British
negotiators were put on their guard by those on our part, not only that
the Legislature will be free to refuse, but that they probably would
refuse. And it is evident from all circumstances, that Mr. Oswald accepted
the _recommendation_ merely to have something to oppose to the clamors
of the refugees--to keep alive a hope in them, that they might yet get
their property from the State Legislatures; and that, if they should fail
in this, they would have ground to demand indemnification from their own
Government; and he might think it a circumstance of present relief at
least, that the question of indemnification by them should be kept out of
sight, till time and events should open it upon the nation insensibly.
Sec. 7. The same was perfectly understood by the British ministry, and by
the members of both Houses in Parliament, as well those who advocated, as
those who oppose the treaty; the latter of whom, being out of the secrets
of the negotiation, must have formed their judgments on the mere import
of the terms. That all parties concurred in this exposition, will appear
by the following extracts from the parliamentary register; a work, which,
without pretending to give what is spoken with verbal accuracy, may yet
be relied on, we presume, for the general reasoning and opinions of the
speakers.
House of Commons.--_The preliminary articles under consideration; 1783,
February 17th._
_Mr. Thomas Pitt._--"That the interests of the sincere loyalists were
as dear to him, as to any man; but that he could never think it would
have been promoted by carrying on that unfortunate war, which Parliament
had in fact suspended before the beginning of the treaty; that it was
impossible, after the part Congress was pleased to take in it, to conceive
that their _recommendation_ would not have its proper influence on the
different Legislatures; that he did not himself see what more could have
been done on their behalf, except by renewing the war for their sakes,
and increasing our and their calamities."--_9 Debrett's Parliamentary
Register_, 233.
_Mr. Wilberforce._--"When he considered the case of the loyalists, he
confessed he felt himself there conquered; there he saw his country
humiliated; he saw her at the feet of America! Still he was induced to
believe, that Congress would religiously comply with the article, and that
the loyalists would obtain redress from America. Should they not, this
country was bound to afford it them. They must be compensated. Ministers,
he was persuaded, meant to keep the faith of the nation with them, and
he verily believed, had obtained the best terms they possibly could for
them."--_Ib._ 236.
_Mr. Secretary Townsend._--"He was ready to admit, that many of the
loyalists had the strongest claims upon this country; and he trusted,
should the _recommendation_ of Congress to the American States prove
unsuccessful, which he flattered himself would not be the case, this
country would feel itself bound in honor to make them full compensation
for their losses."--_Ib._ 262.
House of Lords.--_February 17, 1783._
_Lord Shelburne._--"A part must be wounded, that the whole of the empire
may not perish. If better terms could be had, think you, my lords,
that I would not have embraced them? You all know my creed. You all
know my steadiness. If it were possible to put aside the bitter cup the
adversities of this country presented to me, you know I would have done
it; but you called for peace. I had 'but the alternative, either to accept
the terms (said Congress) of our recommendation to the States in favor of
the colonists, or continue the war. It is in our power to do _no more than
recommend_.' Is there any man who hears me, who will clap his hand on his
heart, and step forward and say, I ought to have broken off the treaty?
If there be, I am sure he neither knows the state of the country, nor
yet has he paid any attention to the wishes of it. But say the worst, and
that, after all, this estimable set of men are not received and cherished
in the bosom of their own country--is England so lost to gratitude, and
all the feelings of humanity, as not to afford them an asylum? Who can
be so base as to think she will refuse it to them? Surely it cannot be
that noble-minded man, who would plunge his country again knee deep in
blood, and saddle it with an expense of twenty millions, for the purpose
of restoring them. Without one drop of blood spilt, and without one-fifth
of the expense of one year's campaign, happiness and ease can be given
the loyalists in as ample a manner as these blessings were ever in their
enjoyment; therefore, let the outcry cease on this head."--_Ib._ 70, 71.
_Lord Hawke._--"In America," said he, "Congress had engaged to recommend
their [the loyalists'] cause to the Legislatures of the country. What
other term could they adopt? He had searched the journals of Congress on
this subject; what other term did they, or do they ever adopt in their
requisitions to the different provinces? It is an undertaking on the
part of Congress; that body, like the King here, is the executive power
in America. Can the crown undertake for the two Houses of Parliament?
It can only recommend. He flattered himself that recommendation would be
attended with success; but, said he, state the case, that it will not, the
liberality of Great Britain is still open to them. Ministers had pledged
themselves to indemnify them; not only in the address now moved for, but
even in the last address, and in the speech from the throne."
_Lord Walsingham._--"We had only the _recommendation_ of Congress to
trust to, and how often had their recommendations been fruitless? There
were many cases in point in which provincial assemblies had peremptorily
refused the recommendations of Congress. It was but the other day the
States refused money on the recommendations of Congress. Rhode Island
unanimously refused, when the Congress desired to be authorized to
lay a duty of five per cent. because the funds had failed. Many other
circumstances might be produced of the failure of the recommendations of
Congress, and therefore we ought not, in negotiating for the loyalists, to
have trusted to the recommendations of Congress. Nothing but the _repeal_
of the acts existing against them ought to have sufficed, as nothing else
could give effect to the treaty; _repeal_ was not mentioned. They had only
stipulated to revise and reconsider them."--_11 Debrett's Parliamentary
Reg. 44._
_Lord Sackville._--"The King's ministers had weakly imagined that
the _recommendation_ of Congress was a sufficient security for these
unhappy men. For his own part, so far from believing that this would be
sufficient, or anything like sufficient, for their protection, he was of a
direct contrary opinion; and if they entertained any notions of this sort,
he would put an end to their idle hopes at once, by reading from a paper
in his pocket, a resolution, which the assembly of Virginia had come to,
so late as on the 17th of December last. The resolution was as follows:
'That all demands or requests of the British court for the restitution
of property, confiscated by this State, being neither supported by law,
equity, or policy, are wholly inadmissible; and that our delegates in
Congress be instructed to move Congress, that they may direct their
deputies, who shall represent these States in the general Congress, for
adjusting a peace or truce, neither to agree to any such restitution,
or submit that the laws made by any independent State in this Union, be
subjected to the adjudication of any power or powers on earth.'"--_Ib._
_pages_ 62, 63.
Some of the speakers seem to have had not very accurate ideas of our
government. All of them, however, have perfectly understood, that a
_recommendation_ was a matter, not of obligation or coercion, but of
persuasion and influence, merely. They appear to have entertained greater
or less degrees of hope or doubt, as to its effect on the Legislatures,
and though willing to see the result of this chance, yet, if it failed,
they were prepared to take the work of indemnification on themselves.
Sec. 8. The agreement then being only that Congress should _recommend_ to
the State Legislatures a restitution of estates, and liberty to remain
a twelvemonth for the purpose of soliciting the restitution, and to
recommend a revision of all acts regarding the premises, Congress did,
immediately on the receipt of the definitive articles, to wit, on the
14th of January, 1784, come to the following resolution, viz: "Resolved
unanimously, nine States being present, that it be, and it is hereby,
earnestly recommended to the Legislatures of the respective States, to
provide for the restitution of all estates, rights, and properties, which
have been confiscated, belonging to real British subjects; and also, of
the estates, rights, and properties, of persons resident in districts
which were in the possession of his Britannic Majesty's arms, at any time
between the 30th day of November, 1782, and the 14th day of January,
1784, and who have not borne arms against the said United States; and
that persons of any other description shall have free liberty to go to any
part or parts of any of the thirteen United States, and therein to remain
twelve months, unmolested in their endeavors to obtain the restitution
of such of their estates, rights, and properties, as may have been
confiscated; and it is also hereby earnestly recommended to the several
States, to reconsider and revise all their acts or laws regarding the
premises, so as to render the said laws or acts perfectly consistent, not
only with justice and equity, but with that spirit of conciliation which,
on the return of the blessings of peace, should universally prevail; and
it is hereby also earnestly recommended to the several States, that the
estates, rights, and properties, of such last-mentioned persons should
be restored to them, they refunding to any persons who may be now in
possession, the _bona fide_ price (where any has been given) which such
persons may have paid, on purchasing any of the said lands, rights or
properties, since the confiscation.
"Ordered, That a copy of the proclamation of this date, together with the
recommendation, be transmitted to the several States by the Secretary."
Sec. 9. The British negotiators had been told by ours, that all the States
would refuse to comply with this recommendation; one only, however,
refused altogether. The others complied in a greater or less degree,
according to the circumstances and dispositions in which the events of
the war had left them; but, had all of them refused, it would have been
no violation of the 5th article, but an exercise of that freedom of will,
which was reserved to them, and so understood by all parties.
The following are the acts of your catalogue which belong to this head,
with such short observations as are necessary to explain them; beginning
at that end of the Union, where, the war having raged most, we shall meet
with the most repugnance to favor:
Sec. 10. _Georgia._--1783, July 29. An act releasing certain persons from
their bargains. A law had been passed during the war, to wit, in 1782,
[A. 30.] confiscating the estates of persons therein named, and directing
them to be sold; they were sold; but some misunderstanding happened to
prevail among the purchasers, as to the mode of payment. This act of
1783, therefore, permits such persons to relinquish their bargains, and
authorizes a new sale; the lands remaining confiscated under the law made
previous to the peace.
1785, Feb. 22. An act to authorize the auditor to liquidate the demands
of such persons as have claims against the confiscated estates. In the
same law of confiscations made during the war, it had been provided
that the estates confiscated should be subject to pay the debts of their
former owner. This law of 1785, gave authority to the auditor to settle
with, and pay the creditors, and to sell the remaining part of the estate
confiscated as before.
1787, Feb. 10. An act to compel the settlement of public accounts, for
inflicting penalties, and vesting the auditor with certain powers. This
law also is founded on the same confiscation law of 1782, requiring the
auditor to press the settlement with the creditors, &c.
1785, Feb. 7. An act for ascertaining the rights of aliens, and pointing
out the mode for the admission of citizens. It first describes what
persons shall be free to become citizens, and then declares none shall
be capable of that character who had been named in any confiscation law,
or banished, or had borne arms against them. This act does not prohibit
either the refugees, or real British subjects, from coming into the State
to pursue their lawful affairs. It only excludes the former from the right
of citizenship, and it is to be observed, that this recommendatory article
does not say a word about giving them a right to become citizens. If the
conduct of Georgia should appear to have been peculiarly uncomplying,
it must be remembered that that State had peculiarly suffered; that the
British army had entirely overrun it; had held possession of it for some
years; and that all the inhabitants had been obliged either to abandon
their estates and fly their country, or to remain in it under a military
government.
Sec. 11. _South Carolina._--1783, August 15th. An act to vest 180 acres of
land, late the property of James Holmes, in certain persons, in trust for
the benefit of a public school. These lands had been confiscated and sold
during the war. The present law prescribes certain proceedings as to the
purchasers, and provides for paying the debts of the former proprietors.
1786, March 22. An act to amend the confiscation act, and for other
purposes therein mentioned. This relates only to estates which had been
confiscated before the peace. It makes some provision towards a final
settlement, and relieves a number of persons from the amercements which
had been imposed on them during the war, for the part they had taken.
1784, March 26. An act restoring to certain persons their estates, and
permitting the said persons to return, and for other purposes. This act
recites, that certain estates had been confiscated, and the owners, 124 in
number, banished by former laws; that Congress had earnestly recommended
in the terms of the treaty--it therefore distributes them into three lists
or classes, restoring to all of them the lands themselves, where they
remained unsold, and the price, where sold, requiring from those in lists
No. 1, and 3, to pay 12 per cent. on the value of what was restored, and
No. 2, nothing; and it permits all of them to return, only disqualifying
those of No. 1 and 3, who had borne military commissions against them,
from holding any office for seven years.
Governor Moultrie's letter of June 21, 1786, informs us, that most of the
confiscations had been restored; that the value of those not restored,
was far less than that of the property of their citizens carried off by
the British, and that fifteen, instead of twelve months, had been allowed
to the persons for whom permission was recommended to come and solicit
restitution.
Sec. 12. _North Carolina._--1784, October. An act directing the sale of
confiscated property.
1785, Dec. 29. An act to secure and quiet in their possessions, the
purchasers of lands, goods, &c., sold, or to be sold by the commissioners
of forfeited estates. These two acts relate expressly to property
"heretofore confiscated," and secure purchasers under those former
confiscations.
1790. The case of Bayard _v._ Singleton, adjudged in a court of
judicature in North Carolina. Bayard was a purchaser of part of an estate
confiscated during the war, and the court adjudged his title valid; and
it is difficult to conceive on what principle that adjudication can be
complained of, as an infraction of the treaty.
1785, Nov. 19. An act was passed to restore a confiscated estate to the
former proprietor, Edward Bridgen.
1784, Oct. An act to describe and ascertain such persons as owed
allegiance to the State, and impose certain disqualifications on certain
persons therein named.
1785, Nov. An act to amend the preceding act.
1788, April. An act of pardon and oblivion. The two first of these acts
exercised the right of the State to describe who should be its citizens,
and who should be disqualified from holding offices. The last, entitled An
act of pardon and oblivion, I have not been able to see; but, so far as
it pardons, it is a compliance with the recommendation of Congress under
the treaty, and so far as it excepts persons out of the pardon, it is a
refusal to comply with the recommendation, which it had a right to do.
It does not appear that there has been any obstruction to the return of
those persons who had claims to prosecute.
Sec. 13. _Virginia._--The catalogue under examination, presents no
act of this State subsequent to the treaty of peace, on the subject of
confiscations. By one of October 18, 1784, they declared there should
be no future confiscations. But they did not choose to comply with the
recommendation of Congress, as to the restoration of property which had
been already confiscated; with respect to persons, the first assembly
which met after the peace, passed--
1783, October, The act prohibiting the migration of certain persons to
this commonwealth, and for other purposes therein mentioned, which was
afterwards amended by,
1786, October, An act to explain and amend the preceding. These acts,
after declaring who shall not have a right to migrate to, or become
citizens of, the State, have each an express proviso, that _nothing
contained in them shall be so construed as to contravene the treaty of
peace with Great Britain_; and a great number of the refugees having
come into the State, under the protection of the first law, and it being
understood that a party was forming in the State to ill-treat them, the
Governor, July 26, 1784, published the proclamation, No. 14, enjoining
all magistrates and other civil officers, to protect them, and secure to
them the rights derived from the treaty, and acts of assembly aforesaid,
and to bring to punishment all who should offend herein, in consequence
of which, those persons remained quietly in the State; and many of them
have remained to this day.
Sec. 14. _Maryland._--1785, Nov. An act to vest certain powers in the
Governor and council. Sec. 3;
1788. Nov. An act to empower the Governor and council to compound with the
discoveries of British property and for other purposes. These acts relate
purely to property which had been confiscated during the war; and the
State not choosing to restore it, as recommended by Congress, passed them
for bringing to a conclusion the settlement of all transactions relative
to the confiscated property.
I do not find any law of this State, which could prohibit the free return
of their refugees, or the reception of the subjects of Great Britain, or
of any other country. And I find that they passed, in
1786, Nov. An act to repeal that part of the act for the security of their
government, which disqualified non-jurors from holding offices, and voting
at elections.
1790. The ease of Harrison's representatives in the court of chancery
of Maryland, is in the list of infractions. These representatives being
British subjects, and the laws of this country, like those of England,
not permitting aliens to hold lands, the question was, whether British
subjects were aliens. They decided that they were; consequently, that they
could not take lands; and consequently, also, that the lands in this case
escheated to the State. Whereupon, the Legislature immediately interposed,
and passed a special act, allowing the benefits of the succession to the
representatives. But had they not relieved them, the case would not have
come under the treaty; for there is no stipulation in that doing away the
laws of alienage, and enabling the members of each nation to inherit or
hold lands in the other.
Sec. 15. _Delaware._--This State, in the year 1778, passed an act of
confiscation against forty-six citizens, by name, who had joined in arms
against them, unless they should come in by a given day, and stand their
trial. The estates of those who did not, were sold, and the whole business
soon closed. They never passed any other act on the subject, either before
or after the peace. There was no restitution, because there was nothing to
restore, their debts having more than exhausted the proceeds of the sales
of their property, as appears by Mr. Read's letter, and that all persons
were permitted to return, and such as chose it, have remained there in
quiet to this day.
Sec. 16. _Pennsylvania._--The catalogue furnishes no transaction of this
State subsequent to the arrival of the treaty of peace, on the subject
of confiscation, except 1790, August. An order of the executive council
to sell part of Harry Gordon's real estate, under the act of January 31,
1783. This person had been summoned by proclamation, by the name of Henry
Gordon, to appear before the first day of November, 1781, and failing,
his estate was seized by the commissioners of forfeitures, and most of
it sold. The act of 1783, January 31, cured the misnomer, and directed
what remained of his estate to be sold. The confiscation being complete,
it was for them to say whether they would restore it, in compliance with
the recommendation of Congress. They did not, and the executive completed
the sale, as they were bound to do. All persons were permitted to return
to this State, and you see many of them living here to this day in quiet
and esteem.
Sec. 17. _New Jersey._--The only act alleged against this State, as to
the recommendatory article, is,
1783, December 23, An act to appropriate certain forfeited estates. This
was the estate of John Zabriski, which had been forfeited during the war,
and the act gives it to Major-General Baron Steuben, in reward for his
services. The confiscation being complete, the Legislature were free to
do this. Governor Livingston's letter is an additional testimony of the
moderation of this State, after the proclamation of peace, and from that
we have a right to conclude, that no persons were prevented from returning
and remaining indefinitely.
Sec. 18. _New York._--This State had been among the first invaded; the
greatest part of it had been possessed by the enemy through the war; it
was the last evacuated; its inhabitants had in great numbers been driven
off their farms; their property wasted, and themselves living in exile and
penury, and reduced from affluence to want, it is not to be wondered at,
if their sensations were among the most lively; accordingly, they, in the
very first moment, gave a flat refusal to the recommendation, as to the
restoration of property. See document No. 17, containing their reasons.
They passed, however, 1784, May 12, the act to preserve the freedom and
independence of this State, and for other purposes therein mentioned,
in which, after disqualifying refugees from offices, they permit them to
come, and remain as long as may be absolutely necessary to defend their
estates.
Sec. 19. _Connecticut._--A single act only on the same subject is alleged
against this State, after the treaty of peace. This was
1790, An act directing certain confiscated estates to be sold. The title
shows they were old confiscations, not new ones, and Governor Huntington's
letter informs us, that all confiscations and prosecutions were stopped on
the peace; that some restorations of property took place, and all persons
were free to return.
Sec. 20. _Rhode Island._--The titles of four acts of this State are cited
in your Appendix, to wit:
1783, May 27, An act to send out of the State N. Spink and I. Underwood,
who had formerly joined the enemy, and were returned to Rhode Island.
1783, June 8, An act to send William Young, theretofore banished out of
the State, and forbidden to return at his peril.
1783, June 12, An act allowing William Brenton, late an absentee, to visit
his family for one week, then sent away, not to return.
1783, October, An act to banish S. Knowles (whose estate had been
forfeited), on pain of death if he return. Mr. Channing, the attorney of
the United States for that district, says, in his letter, "he had sent
me all the acts of that Legislature, that affect either the debts, or the
persons of British subjects, or American refugees." The acts above cited
are not among them. In the answer of April 6, which you were pleased to
give to mine of March 30, desiring copies of these, among other papers,
you say the book is no longer in your possession. These circumstances
will, I hope, excuse my not answering or admitting these acts, and justify
my proceeding to observe, that nothing is produced against this State on
the subject, after the treaty; and the district attorney's letter, before
cited, informs us, that their courts considered the treaty as paramount
to the laws of the State, and decided accordingly, both as to persons
and property, and that the estates of all British subjects, seized by
the State, had been restored, and the rents and profits accounted for.
Governor Collins' letter, No. 20, is a further evidence of the compliance
of this State.
Sec. 21. _Massachusetts._--1784, March 24. This State passed an act for
repealing two laws of this State, and for asserting the right of this free
and sovereign commonwealth to expel such aliens as may be dangerous to the
peace and good order of government, the effect of which was to reject the
recommendation of Congress, as to the return of persons, but to restore to
them such of their lands as were not confiscated, unless they were pledged
for debt; and by--
1784, November 10, An act in addition to an act for repealing two laws of
this State, they allowed them to redeem their lands pledged for debt, by
paying the debt.
Sec. 22. _New Hampshire._--Against New Hampshire nothing is alleged; that
State having not been invaded at all, was not induced to exercise any acts
of right against the subjects or adherents of their enemies.
The acts, then, which have been complained of as violations of the 5th
article, were such as the States were free to pass, notwithstanding the
recommendation; such as it was well understood they would be free to pass
without any imputation of infraction, and may therefore be put entirely
out of question.
Sec. 23. And we may further observe, with respect to the same acts, that
they have been considered as infractions not only of the 5th article,
which recommended the restoration of the confiscations which _had taken
place during the war_, but also of that part of the 6th article which
forbade _future_ confiscations. But not one of them touched an estate
which had not been before confiscated; for you will observe, that an act
of the Legislature, confiscating lands, stands in place of _an office
found_ in ordinary cases; and that, _on the passage of the act_, as _on
the finding of the office_, the State stands, _ipso facto_, possessed
of the lands, without a formal entry. The confiscation then is complete
by the passage of the act. Both the title and possession being divested
out of the former proprietor, and vested in the State, no subsequent
proceedings relative to the lands are acts of confiscation, but are mere
exercises of ownership, whether by levying profits, conveying for a time,
by lease, or in perpetuo, by an absolute deed. I believe, therefore, it
may be said with truth, that there was not a single confiscation made
in any one of the United States, after notification of the treaty; and,
consequently, it will not be necessary to notice again this part of the
6th article.
Sec. 24. Before quitting the recommendatory article, two passages in the
letter are to be noted, which, applying to all the States in general,
could not have been properly answered under any one of them in particular.
In page 16 is the following passage: "The express provision in the treaty,
for the restitution of the estates and properties of persons of both these
descriptions [British subjects and Americans who had stayed within the
British lines, but had not borne arms] certainly comprehended a virtual
acquiescence in their right to reside where their property was situated,
and to be restored to the privileges of citizenship." Here seems to be a
double error, first in supposing an express provision, whereas the words
of the article, and the collateral testimony adduced, have shown that
the provision was neither _express_, nor meant to be so. And secondly, in
inferring, from a restitution of the estate, a virtual acquiescence in the
right of the party to reside where the estate is. Nothing is more frequent
than for a sovereign to banish the person, and leave him possessed of his
estate. The inference in the present case, too, is contradicted, as to
the _refugees_, by the recommendation to permit their residence twelve
months; and as to British subjects, by the silence of the article, and the
improbability that the British plenipotentiary meant to stipulate a right
for British subjects to emigrate and become members of another community.
Sec. 25. Again, in page 34, it is said, "The nation of Great Britain has
been involved in the payment to them of no less a sum than four millions
sterling, as a partial compensation for the losses they had sustained."
It has been before proved, that Mr. Oswald understood perfectly, that
no indemnification was claimable from us; that, on the contrary, we had
a counter claim of indemnification to much larger amount. It has been
supposed, and not without grounds, that the glimmering of hope, provided
by the recommendatory article, was to quiet, for the present, the clamors
of the sufferers, and to keep their weight out of the scale of opposition
to the peace, trusting to time and events for an oblivion of these claims,
or a gradual ripening of the public mind to meet and satisfy them at a
moment of less embarrassment: the latter is the turn which the thing took.
The claimants continued their importunities, and the Government determined
at length to indemnify them for their losses; and, open-handedly as they
went to work, it cost them less than to have settled with us the just
account of mutual indemnification urged by our commissioners. It may be
well doubted, whether there were not single States of our Union to which
the four millions you have paid would have been no indemnification for
the losses of property sustained contrary even to the laws of war; and
what sum would have indemnified the whole thirteen, and, consequently,
to what sum our whole losses of this description have amounted, would be
difficult to say. However, though in nowise interested in the sums you
thought proper to give to the refugees, we could not be inattentive to
the measure in which they were dealt out. Those who were on the spot,
and who knew intimately the state of affairs with the individuals of this
description, who knew that their debts often exceeded their possessions,
insomuch that the most faithful administration made them pay but a few
shillings in the pound, heard with wonder of the sums given, and could not
but conclude, that those largesses were meant for something more than loss
of property--that services and other circumstances must have had great
influence. The sum paid is therefore no imputation on us. We have borne
our own losses. We have even lessened yours, by numerous restitutions,
where circumstances admitted them; and we have much the worst of the
bargain by the alternative you choose to accept, of indemnifying your own
sufferers, rather than ours.
Sec. 26. II. The article of debts is next in order; but to place on their
true grounds our proceedings relative to them, it will be necessary to
take a view of the British proceedings, which are the subject of complaint
in my letter of December 15.
In the 7th article, it was stipulated, that his Britannic Majesty should
withdraw his armies, garrisons, and fleets, without carrying away any
negroes, or other property of the American inhabitants. This stipulation
was known to the British commanding officers, before the 19th of March,
1783, as _provisionally_ agreed; and on the 5th of April they received
official notice from their court of the conclusion and ratification of
the preliminary articles between France, Spain, and Great Britain, which
gave activity to ours, as appears by the letter of Sir Guy Carleton to
General Washington, dated April 6, 1783. Document No. 21. From this time,
then, surely, no negroes could be carried away without a violation of the
treaty. Yet we find that, so early as May 6, a _large_ number of them
had already been embarked for Nova Scotia, of which, as contrary to an
express stipulation in the treaty, General Washington declared to him his
sense and surprise. In the letter of Sir Guy Carleton of May 12 (annexed
to mine to you of the 15th of December), he admits the fact; palliates it
by saying he had no right to deprive the negroes of that liberty he found
them _possessed_ of; that it was unfriendly to suppose that the King's
minister could stipulate to be guilty of a notorious breach of the public
faith towards the negroes; and that, _if it was his intention, it must be
adjusted by compensation_, restoration being utterly impracticable, where
inseparable from a breach of public faith. But surely, sir, an officer
of the King is not to question the validity of the King's engagements,
nor violate his solemn treaties, on his own scruples about the public
faith. Under this pretext, however, General Carleton went on in daily
infractions, embarking, from time to time, between his notice of the
treaty and the 5th of April, and the evacuation of New York, November
25, 3,000 negroes, of whom our commissioners had inspection, and a very
large number more, in public and private vessels, of whom they were not
permitted to have inspection. Here, then, was a direct, unequivocal and
avowed violation of this part of the 7th article, in the first moments
of its being known; an article which had been of extreme solicitude on
our part, on the fulfilment of which depended the means of paying debts,
in proportion to the number of laborers withdrawn; and when, in the very
act of violation, we warn, and put the commanding officer on his guard,
he says, directly, he will go through with the act, and leave it to his
court to adjust it by compensation.
Sec. 27. By the same article, his Britannic Majesty stipulates, that he
will, _with all convenient speed_, withdraw his garrisons from _every_
post within the United States. "When no precise term," says a writer
on the Law of Nations [Vattel, 1. 4. c. 26.], "has been marked for the
accomplishment of a treaty, and for the execution of each of its articles,
good sense determines that every point should be executed _as soon as
possible_. This is, without doubt, what was understood."[11] The term
in the treaty, _with all convenient speed_, amounts to the same thing,
and clearly excludes all unnecessary delay. The general pacification
being signed on the 20th of January, some time would be requisite for the
orders for evacuation to come over to America, for the removal of stores,
property, and persons, and finally for the act of evacuation. The larger
the post, the longer the time necessary to remove all its contents; the
smaller, the sooner done. Hence, though General Carleton received his
orders to evacuate New York in the month of April, the evacuation was
not completed till late in November. It had been the principal place of
arms and stores; the seat, as it were, of their general government, and
the asylum of those who had fled to them. A great quantity of shipping
was necessary, therefore, for the removal, and the General was obliged to
call for a part from foreign countries. These causes of delay were duly
respected on our part. But the posts of Michillimackinac,[12] Detroit,
Niagara, Oswego, Oswegatchie, Point-au-Fer, Dutchman's Point, were not of
this magnitude. The orders for evacuation, which reached General Carleton,
in New York, early in April, might have gone, in one month more, to the
most remote of these posts. Some of them might have been evacuated in a
few days after, and the largest in a few weeks. Certainly they might all
have been delivered, without any _inconvenient speed_ in the operations,
by the end of May, from the known facility furnished by the lakes, and
the water connecting them; or by crossing immediately over into their
own territory, and availing themselves of the season for making new
establishments there, if that was intended. Or whatever time might, in
event, have been necessary for their evacuation, certainly the order for
it should have been given from England, and might have been given as early
as that from New York. Was any order ever given? Would not an _unnecessary
delay_ of the order, producing an equal delay in the evacuation, be an
infraction of the treaty? Let us investigate this matter.
On the 3d of August, 1783, Major-General Baron Steuben, by orders from
General Washington, having repaired to Canada for this purpose, wrote the
letter No. 22 to General Haldimand, Governor of the province, and received
from him the answer of August 13, No. 23. Wherein he says, "The orders I
have received, direct a discontinuance of every hostile measure _only_,"
&c. And in his conference with Baron Steuben, he says expressly, "That
he _had not received any orders_ for making the least arrangements for
the evacuation of a single post." The orders, then, which might have been
with him by the last of April, were unknown, if they existed, the middle
of August. See Baron Steuben's letter, No. 24.
Again, on the 19th of March, 1784, Governor Clinton, of New York, within
the limits of which State some of these posts are, writes to General
Haldimand, the letter No. 25; and that General, answering him, May 10,
from Quebec, says, "Not having had the honor _to receive orders_ and
instructions relative to withdrawing the garrisons," &c.; fourteen months
were now elapsed, and the _orders not yet received_, which might have been
received in four.
Again, on the 12th of July, Colonel Hull, by order from General Knox,
the Secretary of War, writes to General Haldimand, the letter No. 27;
and General Haldimand gives the answer of the 13th, No. 28, wherein
he says, "Though I am now informed, by his Majesty's ministers, of the
ratification, &c., I remain, &c., _not having received any orders_ to
evacuate the posts which are without the limits," &c. And this is eighteen
months after the signature of the general pacification! Now, is it not
fair to conclude, if the order was not arrived on the 13th of August,
1783, if it was not arrived on the 10th of May, 1784, nor yet on the
13th of July, in the same year, that, in truth, the order had never been
given? and if it had never been given, may we not conclude that it never
had been intended to be given? From what moment is it we are to date
this infraction? From that, at which, with convenient speed, the order to
evacuate the upper posts might have been given. No legitimate reason can
be assigned, why that order might not have been given as early, and at
the same time, as the order to evacuate New York; and _all delay, after
this, was in contravention of the treaty_.
Sec. 28. Was this delay merely innocent and unimportant to us, setting
aside all considerations but of interest and safety? 1. It cut us off from
the fur-trade, which before the war had been always of great importance
as a branch of commerce, and as a source of remittance for the payment
of our debts to Great Britain; for the injury of withholding our posts,
they added the obstruction of all passage along the lakes and their
communications. 2. It secluded us from connection with the northwestern
Indians, from all opportunity of keeping up with them friendly and
neighborly intercourse, brought on us consequently, from their known
dispositions, constant and expensive war, in which numbers of men,
women, and children, have been, and still are, daily falling victims
to the scalping knife, and to which there will be no period, but in our
possession of the posts which command their country.
It may safely be said, then, that the treaty was violated in England,
before it was known in America, and in America, as soon as it was known,
and that too, in points so essential, as that, without them, it would
never have been concluded.
Sec. 29. And what was the effect of these infractions on the American
mind? On the breach of any article of a treaty by the one party, the
other has its election to declare it dissolved in all its articles, or to
compensate itself by withholding execution of equivalent articles; or to
waive notice of the breach altogether.
Congress being informed that the British commanding officer was carrying
away the negroes from New York, in avowed violation of the treaty, and
against the repeated remonstrances of General Washington, they take up
the subject on the 26th of May, 1783; they declare that it is contrary
to the treaty; direct that the proper papers be sent to their ministers
plenipotentiary in Europe to remonstrate, and demand reparation, and
that, in the meantime, General Washington continue his remonstrances to
the British commanding officer, and insist on the discontinuance of the
measure. See document No. 29.
Sec. 30. The State of Virginia, materially affected by this infraction,
because the laborers thus carried away were chiefly from thence, while
heavy debts were now to be paid to the very nation which was depriving
them of the means, took up the subject in December, 1783, that is to say,
seven months after that particular infraction, and four months after the
first refusal to deliver up the posts, and instead of arresting the debts
absolutely, in reprisal for their negroes carried away, they passed [D.
5.] the act to revive and continue the several acts for suspending the
issuing executions on certain judgments until December, 1783, that is to
say, they revived, till their next meeting, two acts passed during the
war, which suspended all _voluntary and fraudulent_ assignments of debt,
and as to _others_, allowed real and personal estate to be tendered in
discharge of executions; the effect of which was to relieve the body
of the debtor from prison, by authorizing him to deliver property in
discharge of the debt. In June following, thirteen months after the
violation last mentioned, and after a second refusal by the British
commanding officer to deliver up the posts, they came to the resolution
No. 30, reciting specially the infraction respecting their negroes,
instructing their delegates in Congress to press for reparation; and
resolving, that the courts shall be opened to British suits, as soon as
_reparation shall be made_, or otherwise, _as soon as Congress shall judge
it indispensably necessary_. And in 1787, they passed [C. 7.] the act to
repeal so much of all and every act or acts of assembly, as prohibits the
recovery of British debts; and, at the same time [E. 6.] the act to repeal
part of an act for the protection and encouragement of the commerce of
nations acknowledging the independence of the United States of America.
The former was not to be in force till the evacuation of the posts, and
reparation for the negroes carried away. The latter requires particular
explanation. The small supplies of European goods, which reached us during
the war, were frequently brought by captains of vessels and supercargoes,
who, as soon as they had sold their goods, were to return to Europe with
their vessels. To persons under such circumstances, it was necessary to
give a summary remedy for the recovery of the proceeds of their sale.
This had been done by the law for the protection and encouragement of the
commerce of nations acknowledging the independence of the United States,
which was meant but as a temporary thing, to continue while the same
circumstances continued. On the return of peace, the supplies of foreign
goods were made, as before the war, by merchants resident here. There was
no longer reason to continue to them the summary remedy, which had been
provided for the transient vender of goods. And, indeed, it would have
been unequal to have given the resident merchant instantaneous judgment
against a farmer or tradesman, while the farmer or tradesman, could pursue
those who owed him money but in the ordinary way, and with the ordinary
delay. The British creditor had no such unequal privilege while we were
under British government, and had no title to it, in justice, or by the
treaty, after the war. When the Legislature proceeded, then, to repeal
the law, as to other nations, it would have been extraordinary to have
continued it for Great Britain.
Sec. 31. South Carolina was the second State which moved in consequence
of the British infractions, urged thereto by the desolated condition in
which their armies had left that country, by the debts they owed, and the
almost entire destruction of the means of paying them. They passed [D.
7. 20.] 1784, March 26th, an ordinance respecting the recovery of debts,
suspending the recovery of all actions, as well American as British, for
nine months, and then allowing them to recover payment at four equal and
annual instalments only, requiring the debtor in the meantime, to give
good security for his debt, or otherwise refusing him the benefit of the
act, by--
[D. 21.] 1787, March 28, An act to regulate the recovery and payment of
debts, and prohibiting the importation of negroes, they extended the
instalments, a year further in a very few cases. I have not been able
to procure the two following acts [D. 14.] 1785, October 12th, An act
for regulating sales under executions, and for other purposes therein
mentioned; and
[D. 22.] 1788, Nov. 4, An act to regulate the payment and recovery of
debts, and to prohibit the importation of negroes for the time therein
limited; and I know nothing of their effect, or their existence, but
from your letter, which says, their effect was to deliver property in
execution, in relief of the body of the debtor, and still further to
postpone the instalments. If, during the existence of material infractions
on the part of Great Britain, it were necessary to apologize for these
modifications of the proceedings of the debtor, grounds might be found
in the peculiar distresses of that State, and the liberality with which
they had complied with the recommendatory articles, notwithstanding
their sufferings might have inspired other dispositions, having pardoned
everybody, received everybody, restored all confiscated lands not sold,
and the prices of those sold.
Sec. 32. Rhode Island next acted on the British infractions, and imposed
modifications in favor of such debtors as should be pursued by their
creditors, permitting them to relieve their bodies from execution by the
payment of paper money, or delivery of property. This was the effect of
[D. 12.] 1786, March, An act to enable any debtor in jail, on execution
at the suit of any creditor, to tender real, or certain specified articles
of personal estate; and
[D. 16.] 1786, May, An act making paper money a legal tender. But observe,
that this was not till _three years_ after the infractions by Great
Britain, and repeated and constant refusals of compliance on their part.
Sec. 33. New Jersey did the same thing, by--
[D. 13.] 1786, March 23, An act to direct the modes of proceedings on
writs on _fieri facias_, and for transferring lands and chattels for
payment of debts; and
[D. 18.] 1786, May 26, An act for striking, and making current £100,000
in bills of credit, to be let out on loan; and
[D. 17.] 1786, June 1, An act for making bills, emitted by the act for
raising a revenue of £31,259 5_s._ per annum, for twenty-five years, a
legal tender; and
Sec. 34. Georgia, by [D. 19.] 1786, August 14, An act for emitting the
sum of £50,000 in bills of credit, and for establishing a fund for the
redemption, and for other purposes therein mentioned, made paper money
also a legal tender.
These are the only States which appear, by the acts cited in your letter,
to have modified the recovery of debts. But I believe that North Carolina
also emitted a sum of paper money and made it a tender in discharge of
executions; though, not having seen the act, I cannot affirm it with
certainty. I have not mentioned, because I do not view the act of Maryland
[D. 15.] 1786, Nov. c. 29, for the settlement of public accounts, &c., as
a modification of the recovery of debts. It obliged the British subject,
before he could recover what was due to him within the State, to give
bond for the payment of what he owed therein. It is reasonable that every
one, who asks justice, should do justice; and it is usual to consider the
property of a foreigner, in any country, as a fund appropriated to the
payment of what he owes in that country, exclusively. It is a care which
most nations take of their own citizens, not to let the property, which
is to answer their demands, be withdrawn from its jurisdiction, and send
them to seek it in foreign countries, and before foreign tribunals.
Sec. 35. With respect to the obstacles thus opposed to the British
creditor, besides their general justification, as being produced by the
previous infractions on the part of Great Britain, each of them admits of
a special apology. They are, 1st. Delay of judgment; 2d. Liberating the
body from execution, on the delivery of property; 3d. Admitting executions
to be discharged in paper money. As to the 1st, let it be considered,
that, from the nature of the commerce carried on between these States
and Great Britain, they were generally kept in debt; that a great part
of the country, and most particularly Georgia, South Carolina, North
Carolina, Virginia, New York, and Rhode Island, had been ravaged by an
enemy, movable property carried off, houses burnt, lands abandoned, the
proprietors forced off into exile and poverty. When the peace permitted
them to return again to their lands, naked and desolate as they were,
was instant payment practicable? The contrary was so palpable, that the
British creditors themselves were sensible that, were they to rush to
judgment immediately against their debtors, it would involve the debtor
in total ruin, without relieving the creditor. It is a fact, for which
we may appeal to the knowledge of one member at least of the British
administration of 1783, that the chairman of the North American merchants,
conferring on behalf of those merchants with the American ministers
then in London, was so sensible that time was necessary as well to save
the creditor as debtor, that he declared there would not be a moment's
hesitation, on the part of the creditors, to allow payment by instalments
annually for seven years, and that this arrangement was not made, was
neither his fault nor ours.
To the necessities for some delay in the payment of debts may be added
the British commercial regulations, lessening our means of payment, by
prohibiting us from carrying in our own bottoms our own produce to their
dominions in our neighborhood, and excluding valuable branches of it from
their home markets by prohibitory duties. The means of payment constitute
one of the motives to purchase, at the moment of purchasing. If these
means are taken away, by the creditor himself, he ought not in conscience
to complain of a mere retardation of his debt, which is the effect of his
own act, and the least injurious to those it is capable of producing. The
instalment acts before enumerated have been much less general, and for
a shorter term than what the chairman of the American merchants thought
reasonable. Most of them required the debtor to give security, in the
meantime, to his creditor, and provided complete indemnification of the
delay by the payment of interest, which was enjoined in every case.
Sec. 36. The second species of obstacle was the admitting the debtor to
relieve his body from imprisonment, by the delivery of lands or goods to
his creditor. And is this idea original, and peculiar to us? or whence
have we taken it? From England, from Europe, from natural right and
reason. For it may be safely affirmed, that neither natural right nor
reason subjects the body of a man to restraint for debt. It is one of
the abuses introduced by commerce and credit, and which even the most
commercial nations have been obliged to relax, in certain cases. The
Roman law, the principles of which are the nearest to natural reason of
those of any municipal code hitherto known, allowed imprisonment of the
body in criminal cases only, or those wherein the party had expressly
submitted himself to it. The French laws allow it only in criminal or
commercial cases. The laws of England, in certain descriptions of cases
(as bankruptcy) release the body. Many of the United States do the
same in all cases, on a cession of property by the debtor. The _levari
facias_, an execution affording only the _profits of lands_, is the
only one allowed in England, in certain cases. The _elegit_, another
execution of that and this country, attaches first on a man's chattels,
which are not to be sold, but to be _delivered to the plaintiff_, on a
_reasonable appraisement_, in part of satisfaction for his debt, and if
not sufficient, one half only of his lands are then to be delivered to the
plaintiff, till the _profits_ shall have satisfied him. The tender laws of
these States were generally more favorable than the execution by _elegit_,
because they not only gave, as that does, the whole property in chattels,
but also _the whole property_ in the lands, and not merely the _profits_
of them. It is, therefore, an execution framed on the model of the English
_elegit_, or rather an amendment of that writ, taking away, indeed, the
election of the party against the _body_ of his debtor, but giving him,
in exchange for it, much more complete remedy against his _lands_. Let it
be observed, too, that this proceeding was allowed against citizens, as
well as foreigners; and it may be questioned, whether the treaty is not
satisfied, while the same measure is dealt out to British subjects, as to
foreigners of all other nations, and to natives themselves. For it would
seem, that all a friend can expect, is to be treated as a native citizen.
Sec. 37. The third obstacle was the allowing paper money to be paid for
goods sold under execution. The complaint on this head is only against
Georgia, South Carolina, Jersey, and Rhode Island; and this obstruction,
like the two others, sprung out of the peculiar nature of the war; for
those will form very false conclusions, who reason, as to this war, from
the circumstances which have attended other wars, and other nations. When
any nation of Europe is attacked by another, it has neighbors, with whom
its accustomary commerce goes on, without interruption; and its commerce
with more distant nations is carried on by sea, in foreign bottoms, at
least under protection of the laws of neutrality. The produce of its soil
can be exchanged for money, as usual, and the stock of that medium of
circulation is not at all diminished by war; so that property sells as
readily and as well, for real money, at the close, as at the commencement
of the war. But how different was our case: on the north and south, were
our enemies; on the west, deserts inhabited by savages in league with
them; on the east, an ocean of one thousand leagues, beyond which, indeed,
were nations, who might have purchased the produce of our soil, and have
given us real money in exchange, and thus kept up our stock of money, but
who were deterred from coming to us by threats of war on the part of our
enemies, if they should presume to consider us as a people, entitled to
partake the benefit of that law of war, which allows commerce with neutral
nations. What were the consequences? The stock of hard money, which we
possessed in an ample degree, at the beginning of the war, soon flowed
into Europe for supplies of arms, ammunition, and other necessaries, which
we were not in the habit of manufacturing for ourselves. The produce of
our soil, attempted to be carried in our own bottoms to Europe, fell,
two-thirds of it, into the hands of our enemies, who were masters of the
sea; the other third illy sufficed to procure the necessary implements
of war; so that no returns of money supplied the place of that which had
gone off. We were reduced, then, to the resource of a paper medium, and
that completed the exile of the hard money; so that, in the latter stages
of the war, we were, for years together, without seeing a single coin of
the precious metals in circulation. It was closed with a stipulation that
we should pay a large mass of debt, in such coin. If the whole soil of
the United States had been offered for sale for ready coin, it would not
have raised as much as would have satisfied this stipulation. The thing,
then, was impossible, and reason and authority declare, "Si l'empêchement
est reel, il faut donner du tems; car nul n'est tenu a l'impossible."[13]
Vattel, l. 4, s. 51. We should, with confidence, have referred the
case to the arbiter proposed by another jurist, who lays it down that a
party, "Non ultra obligari, quam in quantum facere potest; et an possit,
permittendum alterius principis, quo boni viri arbitrio."[14] Bynk. Q.
J. P. l. 2, c. 10. That four of the States should resort, under such
circumstances, to very small emissions of paper money, is not wonderful;
that all did not, proves their firmness under sufferance, and that they
were disposed to bear whatever could be borne, rather than contravene,
even by way of equivalent, stipulations which had been authoritatively
entered into for them. And even in the four States, which emitted paper
money, it was in such small sums, and so secured, as to suffer only a
short-lived, and not great depreciation of value; nor did they continue
its quality as a tender, after the first paroxysms of distress were over.
Here, too, it is to be observed, that natives were to receive this species
of payment, equally with British subjects.
So that, when it is considered, that the other party had broken the
treaty, from the beginning, and that, too, in points which lessened
our ability to pay their debts, it was a proof of the moderation of our
nation, to make no other use of the opportunity of retaliation presented
to them, than to indulge the debtors with that time for discharging their
debts, which their distresses called for, and the interests and the reason
of their creditors approved.
Sec. 38. It is to be observed, that, during all this time, Congress,
who alone possessed the power of peace and war, of making treaties, and,
consequently, of declaring their infractions, had abstained from every
public declaration, and had confined itself to the resolution of May 26th,
1783, and to repeated efforts, through their minister plenipotentiary at
the court of London, to lead that court into a compliance on their part,
and reparation of the breach they had committed. But the other party now
laid hold of those very proceedings of our States, which their previous
infractions had produced, as a ground for further refusal; and inverting
the natural order of cause and effect, alleged that these proceedings
of ours were the causes of the infractions, which they had committed
months and years before. Thus the British minister for foreign affairs,
in his answer of February 28th, 1786, to Mr. Adams' memorial, says, "The
engagements entered into by treaty ought to be mutual, and equally binding
on the respective contracting parties. It would, therefore, be the height
of folly, as well as injustice, to suppose one party alone obliged to a
strict observance of the public faith, while the other might remain free
to deviate from its own engagements, as often as convenience might render
such deviation necessary, though at the expense of its own national credit
and importance; I flatter myself, however, Sir, that justice will speedily
be done to British creditors; and I can assure you, Sir, that whenever
America shall manifest a real intention to fulfil her part of the treaty,
Great Britain will not hesitate to prove her sincerity to co-operate in
whatever points depend upon her, for carrying every article of it into
real and complete effect." Facts will furnish the best commentary on this
letter. Let us pursue them.
The Secretary for Foreign Affairs of the United States, by order of
Congress, immediately wrote circular letters to the Governors of the
several States, dated May 3, 1786, No. 31, to obtain information how far
they had complied with the proclamation of January 14th, 1784, and the
recommendation accompanying it; and April 13, 1787, Congress, desirous
of removing every pretext which might continue to cloak the inexecution
of the treaty, wrote a circular letter to the several States, in which,
in order to produce more surely the effect desired, they demonstrate that
Congress alone possess the right of interpreting, restraining, impeding,
or counteracting the operation and execution of treaties, which, on
being constitutionally made, become, by the confederation, a part of the
law of the land, and, as such, independent of the will and power of the
Legislatures; that, in this point of view, the State acts, establishing
provisions relative to the same objects, and incompatible with it, must be
improper; resolving that all such acts now existing ought to be forthwith
repealed, as well to prevent their continuing to be regarded as violations
of the treaty, as to avoid the disagreeable necessity of discussing
their validity; recommending, in order to obviate all future disputes and
questions, that every State, as well those which had passed no such acts
as those which had, should pass an act, repealing, in general terms, all
acts and parts of acts repugnant to the treaty; and encouraging them to
do this, by informing them that they had the strongest assurances that
an exact compliance with the treaty on our part, would be followed by a
punctual performance of it on the part of Great Britain.
Sec. 39. In consequence of these letters, New Hampshire, Massachusetts,
Rhode Island, Connecticut, New York, Delaware, Maryland, Virginia, and
North Carolina, passed the acts Nos. 32, 33, 34, 35, 36, 37, 38, 39,
40. New Jersey and Pennsylvania declared that no law existed with them
repugnant to the treaty--see documents Nos. 41, 42, 43. Georgia had no law
existing against the treaty. South Carolina, indeed, had a law existing,
which subjected all persons, foreign or native, No. 44, to certain
modifications of recovery and payment. But the liberality of her conduct
on the other points is a proof she would have conformed in this also, had
it appeared that the fullest conformity would have moved Great Britain to
compliance, and had an express repeal been really necessary.
Sec. 40. For indeed all this was supererogation. It resulted from the
instrument of confederation among the States, that treaties made by
Congress, according to the confederation, were superior to the laws of the
States. The circular letter of Congress had declared and demonstrated it,
and the several States, by their acts and explanations before mentioned,
had shown it to be their own sense, as we may safely affirm it to have
been the general sense of those, at least, who were of the profession of
the law. Besides the proof of this, drawn from the act of confederation
itself, the declaration of Congress, and the acts of the States before
mentioned, the same principle will be found acknowledged in several of
the documents hereto annexed for other purposes. Thus, in Rhode Island,
Governor Collins, in his letter, No. 20, says, "The treaty, in all _its
absolute parts_, has been fully complied with, and to those parts that are
merely _recommendatory_ and _depend upon the legislative discretion_, the
most candid attention hath been paid." Plainly implying that the _absolute
parts_ did not _depend upon the legislative discretion_. Mr. Channing,
the attorney for the United States in that State, No. 19, speaking of
an act passed before the treaty, says, "This act was considered by
our courts as _annulled by the treaty of peace_, and subsequent to
the ratification thereof no proceedings have been had thereon." The
Governor of Connecticut, in his letter, No 18, says, "The sixth article
of the treaty was immediately observed on receiving the same with the
proclamation of Congress; the courts of justice adopted it _as a principle
of law_. No further prosecutions were instituted against any person who
came within that article, and all such prosecutions as were then pending
were discontinued." Thus, prosecutions going on, under the law of the
State, were discontinued, by the treaty operating as a repeal of the
law. In Pennsylvania, Mr. Lewis, attorney for the United States, says, in
his letter, No. 60, "The judges have, uniformly and without hesitation,
declared in favor of the treaty, on the ground of its being the supreme
law of the land. On this ground, they have not only discharged attainted
traitors from arrest, but have frequently declared that they were entitled
by the treaty to protection." The case of the Commonwealth _vs._ Gordon,
January, 1788, Dallas' Reports, 233, is a proof of this. In Maryland, in
the case of Mildred _vs._ Dorsey, cited in your letter [E. 4.] a law of
the State, made during the war, had compelled those who owed debts to
British subjects to pay them into the treasury of that State. This had
been done by Dorsey, before the date of the treaty; yet the judges of
the _State_ general court decided that the treaty not only repealed the
law for the future, but for the past also, and decreed that the defendant
should pay the money over again to the British creditor. In Virginia, Mr.
Monroe, one of the Senators of that State in Congress, and a lawyer of
eminence, tells us, No. 52, that both court and counsel there avowed the
opinion, that the treaty would control any law of the State opposed to it.
And the Legislature itself, in an act of October, 1787, c. 36, concerning
moneys carried into the public loan office, in payment of British debts,
use these expressions: "And whereas it belongs not to the Legislature to
decide particular questions, of which the judiciary have cognizance, and
it is, therefore, unfit for them to determine whether the payments so made
into the loan office be good or void between the creditor and debtor." In
New York, Mr. Harrison, attorney for the United States in that district,
assures us, No. 45, that the act of 1782, of that State, relative to the
debts due to persons within the enemy's line, was, immediately after the
treaty, restrained _by the superior courts of the State_ from operating
on British creditors, and that he did not know a single instance to the
contrary--a full proof that they considered the treaty as a law of the
land, paramount to the law of their State.
Sec. 41. The very case of Rutgers, _vs._ Waddington, [E. 8.] which is a
subject of complaint in your letter, is a proof that the courts consider
the treaty as paramount to the laws of the States. Some parts of your
information, as to that case, have been inexact. The State of New York
had, during the war, passed an act [C. 16.] declaring that, in any
action by the proprietor of a house or tenement against the occupant,
for rent or damage, no military order should be a justification; and,
May 4, 1784, after the refusal of the British to deliver up the posts in
the State of New York, that Legislature revived the same act. [C. 19.]
Waddington, a British subject, had occupied a brew-house in New York,
belonging to Rutgers, an American, while the British were in possession
of New York. During a part of the time he had only permission from the
quartermaster general; for another part he had an order of the commanding
officer to authorize his possession. After the evacuation of the city,
Rutgers, under the authority of this law of the State, brought an action
against Waddington for rent and damages, in the Mayor's court of New
York. Waddington pleaded the treaty, and the court declared the treaty a
justification, in opposition to the law of the State, for that portion
of the time authorized by the commanding officer, his authority being
competent, and gave judgment for that part in favor of the defendant;
but, for the time he held the house under permission of the quartermaster
general only, they gave judgment against the defendant, considering the
permission of that officer incompetent, according to the regulations
of the existing powers. From this part of the judgment the defendant
appealed. The first part, however, was an unequivocal decision of the
superior authority of the treaty over the law. The latter part could only
have been founded in an opinion of the sense of the treaty in that part
of the 6th article which declares, "There shall be no future prosecutions
against any persons for the part he may have taken in the war, and that no
person should, on that account, suffer any future loss or damage in their
property," &c. They must have understood this as only protecting actions
which were conformable with the laws and authority existing at the time
and place. The tenure of the defendant under the quartermaster general
was not so conformable. That under the commanding officer was. Some may
think that murders, and other crimes and offences, characterized as such
by the authority of the time and place where committed, were meant to be
protected by this paragraph of the treaty; and, perhaps, for peace sake,
this construction may be the most convenient. The Mayor's court, however,
seems to have revolted at it. The defendant appealed, and the question
would have been authoritatively decided by the superior court, had not an
amicable compromise taken place between the parties. See Mr. Hamilton's
statement of this case, No. 46.
Sec. 42. The same kind of doubt brought on the arrest of John Smith
Hatfield in New Jersey, whose case [E. 9.] is another ground of complaint
in your letter. A refugee, sent out by the British as a spy, was taken
within the American lines, regularly tried by a court martial, found
guilty, and executed. There was one Ball, an inhabitant of the American
part of Jersey, who, contrary to the laws of his country, was in the habit
of secretly supplying the British camp in Staten Island with provisions.
The first time Ball went over, after the execution of the spy, of which
it does not appear he had any knowledge, and certainly no agency in his
prosecution, John Smith Hatfield, a refugee also from Jersey, and some
others of the same description, seized him, against the express orders
of the British commanding officer, brought him out of the British lines,
and Hatfield hung him with his own hands. The British officer sent a
message to the Americans, disavowing this act, declaring that the British
had nothing to do with it, and that those who had perpetrated the crime
ought alone to suffer for it. The right to punish the guilty individual
seems to have been yielded by the one party, and accepted by the other,
in exchange for that of retaliation on an innocent person; an exchange
which humanity would wish to see habitual. The criminal came afterwards
into the very neighborhood, a member of which he had murdered. Peace,
indeed, had now been made; but the magistrate, thinking probably, that it
was for the honest soldier and citizen only, and not for the murderer, and
supposing, with the mayor's court of New York, that the paragraph of the
treaty against future persecutions meant to cover authorized acts only,
and not murders and other atrocities, disavowed by the existing authority,
arrested Hatfield. At the court which met for his trial, the witnesses
failed to attend. The court released the criminal from confinement, on his
giving the security required by law for his appearance at another court.
He fled; and you say that, "as his friends doubted the disposition of the
court to determine according to the terms of the treaty, they thought it
more prudent to suffer the forfeiture of the recognizances, than to put
his life again into jeopardy." But your information in this, Sir, has not
been exact. The recognizances are not forfeited. His friends, confident
in the opinion of their counsel, and the integrity of the judges, have
determined to plead the treaty, and not even give themselves the trouble
of asking a release from the Legislature; and the case is now depending.
See the letter of Mr. Boudinot, member of Congress for Jersey, No. 47.
Sec. 43. In Georgia, Judge Walton, in a charge to a grand jury, says,
"The State of Rhode Island having acceded to the Federal Constitution, the
Union and Government have become complete. To comprehend the extent of the
General Government, and to discern the relation between that and those of
the States, will be equally our interest and duty. The Constitution, laws,
and _treaties_ of the Union are _paramount_." And in the same State, in
their last federal circuit court, we learn from the public papers, that,
in a case wherein the plaintiffs were Brailsford and others, British
subjects, whose debts had been sequestered (not confiscated) by an act of
the State during the war, the judges declared the treaty of peace a repeal
of the act of the State, and gave judgment for the plaintiffs.
Sec. 44. The integrity of those opinions and proceedings of the
several courts should have shielded them from the insinuations hazarded
against them. In pages 9 and 10, it is said, "That during the war, the
Legislatures passed laws to confiscate the estates of the loyalists,
to enable debtors to pay into the State treasuries paper money, then
exceedingly depreciated, in discharge of their debts." And page 24, "The
dispensations of law _by the State courts_ have been as unpropitious
to the subjects of the crown, as the legislative acts of the different
assemblies." Let us compare, if you please, Sir, these unpropitious
opinions of our State courts with those of foreign lawyers' writing on
the same subject. [15]"Quod dixi de actionibus recto publicandis ita
demum obtinet; si quod subditi nostri hostibus nostris debent, princeps
a subditis suis revera exegerit. Si exegerit, recte solutum est, si non
exegerit, pace facta, reviviscit jus pristinum creditoris; secundum, hæc
inter gentes fere convenit, ut nominibus bello publicatis, pace deinde
factâ, exacta censeantur periisse, et maneant extincta; non autem exacta
reviviscant et restiuantur veris creditoribus." Bynk. Q. J. P. l. 1, c.
7. But what said the judges of the State court of Maryland in the case
of Mildred and Dorsey? That a debt forced from an American debtor into
the treasury of his sovereign, is not extinct, but shall be paid over
again to his British creditor. Which is most propitious, the unbiassed
foreign jurist, or the American judge, charged with dispensing justice
with favor and partiality? But from this, you say, there is an appeal. Is
that the fault of the judge, or the fault of anybody? Is there a country
on earth, or ought there to be one, allowing no appeal from the first
errors of their courts? and if allowed from errors, how will those from
just judgments be prevented? In England, as in other countries, an appeal
is admitted to the party thinking himself injured; and here, had the
judgment been against the British creditor, and an appeal denied, there
would have been better cause of complaint than for not having denied it
to his adversary. If an _illegal_ judgment be ultimately rendered on the
appeal, then will arise the right to question its propriety.
Sec. 45. Again it is said, page 34, "In one State the _supreme federal
court_ has thought proper to suspend for many months the final judgment
on an action of debt, brought by a British creditor." If by _the supreme
federal court_ be meant _the supreme court of the United States_, I
have had their records examined, in order to know what may be the case
here alluded to; and I am authorized to say, there neither does, nor
ever did exist any cause before that court, between a British subject
and a citizen of the United States. See the certificate of the clerk of
the court, No. 48. If by _the supreme federal court_ be meant _one of
the circuit courts of the United States_, then which circuit, in which
State, and what case is meant? In the course of inquiries I have been
obliged to make, to find whether there exists any case, in any district
of any circuit court of the United States, which might have given rise to
this complaint, I have learnt, that an action was brought to issue, and
argued in the circuit court of the United States, in Virginia, at their
last term, between Jones, a British subject, plaintiff, and Walker, an
American, defendant; wherein the question was the same as in the case of
Mildred and Dorsey, to wit; Whether a payment into the treasury, during
the war, under a law of the State, discharged the debtor? One of the
judges retiring from court, in the midst of the argument, on the accident
of the death of an only son, and the case being _primæ impressionis_ in
that court, it was adjourned, for consideration, till the ensuing term.
Had the two remaining judges felt no motive but of predilection to one
of the parties; had they considered only to which party their wishes were
propitious or unpropitious; they possibly might have decided that question
on the spot. But, learned enough in their science to see difficulties
which escape others, and having characters and consciences to satisfy,
they followed the example so habitually and so laudably set by the courts
of your country, and of every country, where law, and not favor, is the
rule of decision, of taking time to consider. Time and consideration are
favorable to the right cause, precipitation to the wrong one.
Sec. 46. You say again, p. 29, "The few attempts to recover British debts,
in the courts of Virginia, have _universally_ failed, and these are the
courts wherein, from the smallness of the sum, a considerable number of
debts can only be recovered." Again, p. 34, "In the same State, county
courts (which alone can take cognizance of debts of limited amount) have
_uniformly rejected_ all suits instituted for the recovery of sums due
to the subjects of the crown of Great Britain." In the first place, the
county courts, till of late, have had exclusive jurisdiction only of sums
below 10_l._, and it is known, that a very inconsiderable proportion of
the British debt consists in demands below that sum. A late law, we are
told, requires, that actions below 30_l._ shall be commenced in those
courts; but allows, at the same time, an appeal to correct any errors into
which they may fall. In the second place, the evidence of gentlemen who
are in the way of knowing the fact, No. 52, 53, is, that though there have
been accidental checks in some of the subordinate courts, arising from
the chicanery of the debtors, and sometimes, perhaps, a moment of error
in the court itself, yet these particular instances have been immediately
rectified, either in the same or the superior court, while the great mass
of suits for the recovery of sums due to the subjects of the crown of
Great Britain, have been uniformly sustained to judgment and execution.
Sec. 47. A much broader assertion is hazarded, page 29. "In some of the
Southern States, there does not exist a single instance of the recovery
of British debt in their courts, though many years have expired since
the establishment of peace between the two countries." The particular
States are not specified. I have therefore thought it my duty to extend
my inquiries to all the States which could be designated under the
description of Southern, to wit: Maryland, and those to the south of that.
As to Maryland, the joint certificate of the senators and delegates of
the State in Congress, the letter of Mr. Tilghman, a gentleman of the
law in the same State, and that of Mr. Gwinn, clerk of their general
court, prove that British suits have been maintained in the superior
and inferior courts throughout the State without any obstruction; that
British claimants have, in every instance, enjoyed every facility in the
tribunals of justice equally with their own citizens; and have recovered
in due course of law, and remitted large debts, as well under contracts
previous, as subsequent to the war.
In Virginia, the letters of Mr. Monroe and Mr. Giles, members of Congress
from that State, and lawyers of eminence in it, prove that the courts of
law in that State have been open and freely resorted to by the British
creditors, who have recovered and levied their moneys without obstruction;
for we have no right to consider as obstructions the dilatory pleas
of here and there a debtor, distressed perhaps for time, or even an
accidental error of opinion in a subordinate court, when such pleas have
been overruled, and such errors corrected in a due course of proceeding
marked out by the laws in such cases. The general fact suffices to show
that the assertion under examination cannot be applied to this State.
In North Carolina, Mr. Johnston, one of the senators of that State, tells
us he has heard indeed but of few suits brought by British creditors in
that State; but that he never heard that any one had failed of a recovery
because he was a British subject; and he names a particular case, of
Elmesly _v._ Lee's executors, "of the recovery of a British debt in the
superior court at Edenton." See Mr. Johnston's letter, No. 54.
In South Carolina, we learn, from No. 55, of particular judgments
rendered, and prosecutions carried on, without obstacle, by British
creditors, and that the courts are open to them there as elsewhere. As to
the modifications of the execution heretofore made by the State law having
been the same for foreigner and citizen, a court would decide whether the
treaty is satisfied by this equal measure; and if the British creditor is
privileged by that against even the same modifications to which citizens
and foreigners of all other nations were equally subjected, then the law
imposing them was a mere nullity.
In Georgia, the letter of the senators and representatives in Congress,
No. 56, assures us that, though they do not know of any recovery of
a British debt, in their State, neither do they know of a denial to
recover since the ratification of the treaty, the creditors having mostly
preferred amicable settlement; and that the federal court is as open and
unobstructed to British creditors there, as in any other of the United
States; and this is further proved by the late recovery of Brailsford and
others, before cited.
Sec. 48. You say more particularly of that State, page 25, "It is to be
lamented, that, in a more distant State, (Georgia) it was a received
principle, inculcated by an opinion of the highest judicial authority
there, that as no Legislative act of the State ever existed, confirming
the treaty of peace with Great Britain, war still continued between
the two countries--_a principle which may perhaps still continue in
that State_." No judge, no case, no time, is named. Imputations on the
judiciary of a country are too serious to be neglected. I have thought
it my duty, therefore, to spare no endeavors to find on what fact this
censure was meant to be affixed. I have found that Judge Walton of
Georgia, in the summer of 1783, the definitive treaty not yet signed in
Europe, much less known and ratified here, set aside a writ in the case
of Thompson, (a British subject) _v._ Thompson, assigning for reasons,
1st. "That there was no law authorizing a subject of England to sue
a citizen of that State; 2d. That the war had not been _definitively_
concluded; or 3d. If concluded, the treaty not _known to, or ratified
by_, the Legislature; nor 4th. Was it in any manner ascertained how those
debts were to be liquidated." With respect to the last reason, it was
generally expected that some more specific arrangements, as to the manner
of liquidating and times of paying British debts would have been settled
in the definitive treaty. No. 58 shows, that such arrangements were under
contemplation. And the judge seems to have been of opinion that it was
necessary the treaty should be _definitively_ concluded, before it could
become a law of the land, so as to change the legal character of an _alien
enemy_, who cannot maintain an action, into that of an _alien friend_, who
may. Without entering into the question, whether, between the provisional
and definitive treaties, a subject of either party could maintain
an action in the courts of the other (a question of no consequence,
considering how short the interval was, and this, probably the only action
essayed), we must admit that, if the judge was right in his opinion, that
a _definitive_ conclusion was necessary, he was right in his consequence
that it should be _made known_ to the Legislature of the State, or, in
other words, to the State; and that, till that _notification_, it was
not a law authorizing a subject of England to sue a citizen of that
State. The subsequent doctrine of the same judge, Walton, with respect
to the treaties, _when duly completed_, that they are paramount to the
laws of the several States, as has been seen in this charge to a grand
jury, before spoken of, (Sec. 43,) will relieve your doubts whether the
"principle still continues in that State, of the _continuance of war
between the two countries_."
Sec. 49. The latter part of the quotation before made, merits notice also,
to wit, where, after saying not a single instance exists of the recovery
of a British debt, it is added, "though many years have expired since the
establishment of peace between the two countries." It is evident from the
preceding testimony, that many suits have been brought, and with effect;
yet it has often been matter of surprise that more were not brought, and
earlier, since it is most certain that the courts would have sustained
their actions and given them judgments. This abstinence on the part of the
creditors has excited a suspicion that they wished rather to recur to the
treasury of their own country; and to have color for this, they would have
it believed that there were obstructions here to bringing their suits.
Their testimony is in fact the sole, to which your court till now, has
given access. Had the opportunity now presented been given us sooner, they
should sooner have known that the courts of the United States, whenever
the creditors would choose that recourse, and would press, if necessary,
to the highest tribunals, would be found as open to their suits, and as
impartial to their subjects, as theirs to ours.
Sec. 50. There is an expression in your letter, page 7, that "British
creditors have not been countenanced or supported, either by the
respective Legislatures, or by the State courts, in their endeavors to
recover the full value of debts contracted antecedently to the treaty
of peace." And again, in p. 8, "In many of the States, the subjects of
the crown in endeavoring to obtain the restitution of their forfeited
estates and property, have been treated with indignity." From which an
inference might be drawn, which I am sure you did not intend, to wit:
that the creditors have been deterred from resorting to the courts by
popular tumults, and not protected by the laws of the country. I recollect
to have heard of one or two attempts, by popular collections, to deter
the prosecution of British claims. One of these is mentioned in No. 49.
But these were immediately on the close of the war, while its passions
had not yet had time to subside, and while the ashes of our houses were
still smoking. Since that, say for many years past, nothing like popular
interposition, on this subject, has been heard of in any part of our
land. There is no country, which is not sometimes subject to irregular
interpositions of the People. There is no country able, at all times, to
punish them. There is no country which has less of this to reproach itself
with, than the United States, nor any, where the laws have more regular
course, or are more habitually and cheerfully acquiesced in. Confident
that your own observation and information will have satisfied you of this
truth, I rely that the inference was not intended, which seems to result
from these expressions.
Sec. 51. Some notice is to be taken, as to the great deficiencies in
collection urged on behalf of the British merchants. The course of our
commerce with Great Britain was ever for the merchant there to give his
correspondent here a year's credit; so that we were regularly indebted
from a year to a year and a half's amount of our exports. It is the
opinion of judicious merchants, that it never exceeded the latter term,
and that it did not exceed the former at the commencement of the war.
Let the holders then of this debt be classed into, 1st. Those who were
insolvent at that time. 2d. Those solvent then, who became insolvent
during the operations of the war--a numerous class. 3d. Those solvent
at the close of the war, but insolvent now. 4th. Those solvent at the
close of the war, who have since paid or settled satisfactorily with
their creditors--a numerous class also. 5th. Those solvent then and now,
who have neither paid, nor made satisfactory arrangements with their
creditors. This last class, the only one now in question, is little
numerous, and the amount of their debts but a moderate proportion of the
aggregate which was due at the commencement of the war; insomuch, that it
is the opinion, that we do not owe to Great Britain, at this moment, of
separate debts, old and new, more than a year, or a year and a quarter's
exports, the ordinary amount of the debt resulting from the common course
of dealings.
Sec. 52. In drawing a comparison between the proceedings of Great Britain
and the United States, you say, page 35, "The conduct of Great Britain,
in all these respects, has been widely different from that which has
been observed by the United States. In the courts of law of the former
country, the citizens of the United States have experienced, _without
exception_, the same protection and _impartial_ distribution of justice,
as the subjects of the crown." No nation can answer for perfect exactitude
of proceedings in all their inferior courts. It suffices to provide a
supreme judicature, where all error and partiality will be ultimately
corrected. With this qualification, we have heretofore been in the habit
of considering the administration of justice in Great Britain as extremely
pure. With the same qualification, we have no fear to risk everything
which a nation holds dear, on the assertion, that the administration of
justice here will be found equally pure. When the citizens of either party
complain of the judiciary proceedings of the other, they naturally present
but one side of the case to view, and are, therefore, to be listened to
with caution. Numerous condemnations have taken place in your courts of
vessels taken from us after the expirations of the terms of one and two
months stipulated in the armistice. The State of Maryland has been making
ineffectual efforts, for nine years, to recover a sum of £55,000 sterling,
lodged in the bank of England previous to the war. A judge of the King's
bench lately declared, in the case of Greene, an American citizen, _v._
Buchanan and Charnock, British subjects, that a citizen of the United
States, who had delivered £43,000 sterling worth of East India goods to
a British subject at Ostend, receiving only £18,000 in part payment, is
not entitled to maintain an action for the balance in a court of Great
Britain, though his debtor is found there, is in custody of the court,
and acknowledges the fact. These cases appear strong to us. If your
judges have done wrong in them, we expect redress. If right, we expect
explanations. Some of them have already been laid before your court. The
others will be so in due time. These, and such as these, are the smaller
matters between the two nations, which, in my letter of December 15th, I
had the honor to intimate, that it would be better to refer for settlement
through the ordinary channel of our ministers, than embarrass the present
important discussions with them. Such cases will be constantly produced
by a collision of interests in the dealings of individuals, and will be
easily adjusted by a readiness to do right on both sides, regardless of
party.
Sec. 53. III. It is made an objection to the proceedings of our
legislative and judiciary bodies, that they have refused to allow interest
to run on debts during the course of the war. The decision of the right
to this rests with the judiciary alone, neither the Legislative nor the
Executive having any authority to intermeddle.
The administration of justice is a branch of the sovereignty over a
country, and belongs exclusively to the nation inhabiting it. No foreign
power can pretend to participate in their jurisdiction, or that their
citizens received there are not subject to it. When a cause has been
adjudged according to the rules and forms of the country, its justice
ought to be presumed. Even error in the highest court which has been
provided as the last means of correcting the errors of others, and whose
decrees are, therefore, subject to no further revisal, is one of those
inconveniences flowing from the imperfection of our faculties, to which
every society must submit; because there must be somewhere a last resort,
wherein contestations may end. Multiply bodies of revisal as you please,
their number must still be finite, and they must finish in the hands
of fallible men as judges. If the error be evident, palpable, [16]et
in re minime dubiâ, it then, indeed, assumes another form; it excites
presumption that it was not mere error, but premeditated wrong; and the
foreigner, as well as native, suffering by the wrong, may reasonably
complain, as for a wrong committed in any other way. In such case, there
being no redress in the ordinary forms of the country, a foreign prince
may listen to complaint from his subjects injured by the adjudication, may
inquire into its principles to prove their criminality, and, according to
the magnitude of the wrong, take his measures of redress by reprisal, or
by a refusal of right on his part. If the denial of interest, in our case,
be justified by law, or even if it be against law, but not in that gross,
evident, and palpable degree, which proves it to flow from the wickedness
of the heart, and not error of the head in the judges, then is it no cause
for just complaint, much less for a refusal of right, or self-redress in
any other way. The reasons on which the denial of interest is grounded
shall be stated summarily, yet sufficiently to justify the integrity of
the judge, and even to produce a presumption that they might be extended
to that of his science also, were that material to the present object.
Sec. 54. The treaty is the text of the law in the present case, and its
words are, that there shall be no lawful impediment to the recovery of
bona fide _debts_. Nothing is said of _interest_ on these debts; and the
sole question is, whether, where a _debt_ is given, _interest_ thereon
flows from the general principles of the law? Interest is not a part
of the debt, but something added to the debt by way of damage for the
detention of it. This is the definition of the English lawyers themselves,
who say, "Interest is recovered by way of _damages_ ratione detentionis
debiti."[17] 2 Salk. 622, 623. Formerly, all interest was considered as
unlawful, in every country of Europe; it is still so in Roman Catholic
countries, and countries little commercial. From this, as a general rule,
a few special cases are excepted. In France, particularly, the exceptions
are those of minors, marriage portions, and money, the price of lands.
So thoroughly do their laws condemn the allowance of interest, that a
party who has paid it voluntarily, may recover it back again whenever he
pleases. Yet this has never been taken up as a gross and flagrant denial
of justice, authorizing national complaint against those governments.
In England, also, all interest was against law, till the stat. 37 H.
8, c. 9. The growing spirit of commerce, no longer restrained by the
principles of the Roman church, then first began to tolerate it. The same
causes produced the same effect in Holland, and, perhaps, in some other
commercial and Catholic countries. But, even in England, the allowance
of interest is not given by _express law_, but rests on the _discretion
of judges and juries_, as the arbiters of damages. Sometimes the judge
has enlarged the interest to 20 per cent. per annum. [1 Chanc. Rep. 57.]
In other cases, he fixes it, habitually, one per cent. lower than the
legal rate, [2 T. Atk. 343,] and in a multitude of cases he refuses it
altogether. As, for instance, no interest is allowed--
1. On arrears of rents, profits, or annuities. 1 Chan. Rep. 184, 2 P. W.
163. Ca. temp. Talbot 2.
2. For maintenance. Vin. Abr. Interest. c. 10.
3. For moneys advanced by executors. 2 Abr. Eq. 531, 15.
4. For goods sold and delivered. 3. Wilson, 206.
5. On book debts, open accounts, or simple contracts. 3 Ch. Rep. 64.
Freem. Ch. Rep. 133. Dougl. 376.
6. For money lent without a note. 2 Stra. 910.
7. On an inland bill of exchange, if no protest is taken. 2 Stra. 910.
8. On a bond after 20 years. 2 Vern. 458, or after a tender.
9. On decrees in certain cases. Freem. Ch. Rep. 181.
10. On judgments in certain cases, as battery and slander. Freem. Ch. Rep.
37.
11. On any decrees or judgments in certain courts, as the exchequer
chamber. Douglass, 752.
12. On costs. 2 Abr. Eq. 530, 7.
And we may add, once for all, that there is no instrument or title to
debt, so formal and sacred, as to give a right to interest on it, under
all possible circumstances--the words of Lord Mansfield, Dougl. 753, where
he says: "That the question was, what was to be the rule for assessing
the _damage_, and that, in this case, the _interest_ ought to be the
_measure of the damage_, the action being for a _debt_, but that, in a
case of another sort, _the rule might be different_:" his words, Dougl.
376, "That interest might be payable in cases of delay, if a jury, _in
their discretion_, shall think fit to allow it." And the doctrine in Giles
v. Hart. 2 Salk. 622, that damages, or interest, are but an accessary to
the debt, which may be barred by circumstances, which do not touch the
debt itself, suffice to prove that interest is not a part of the debt,
neither comprehended in the thing, nor in the term; that words, which pass
the debt, do not give interest necessarily; that the interest _depends
altogether on the discretion of the judges and jurors_, who will govern
themselves by all existing circumstances, will take the legal interest
for the measure of their damages, or more or less, as they think right;
will give it from the date of the contract, or from a year after, or deny
it altogether, according as the fault or the sufferings of the one or
the other party shall dictate. Our laws are, generally, an adoption of
yours, and I do not know that any of the States have changed them in this
particular. But there is one rule of your and our law, which, while it
proves that every title of debt is liable to a disallowance of interest
under special circumstances, is so applicable to our case, that I shall
cite it as a text, and apply it to the circumstances of our case. It is
laid down in Vin. Abr. Interest. c. 7, and 2 Abr. Eq. 5293, and elsewhere,
in these words: "Where, by a _general and national calamity_, nothing is
made out of lands which are assigned for payment of interest, it ought not
to run on _during the time of such calamity_." This is exactly the case in
question. Can a more _general national calamity_ be conceived, than that
universal devastation which took place in many of these States during war?
Was it ever more exactly the case anywhere, _that nothing was made out of
the lands which were to pay the interest_? The produce of those lands, for
want of the opportunity of exporting it safely, was down to almost nothing
in real money, e. g. tobacco was less than a dollar the hundred weight.
Imported articles of clothing for consumption were from four to eight
times their usual price. A bushel of salt was usually sold for 100 lbs.
of tobacco. At the same time, these lands, and other property, in which
the money of the British creditor was vested, were paying high taxes for
their own protection, and the debtor, as nominal holder, stood ultimate
insurer of their value to the creditor, who was the real proprietor,
because they were bought with his money. And who will estimate the value
of this insurance, or say what would have been the forfeit, in a contrary
event of the war? Who will say that the risk of the property was not worth
the interest of its price? _General calamity_, then, prevented profit and,
consequently, stopped interest, which is in lieu of profit. The creditor
says, indeed, he has laid out of his money; he has therefore lost the
use of it. The debtor replies, that, if the creditor has lost, he has
not gained it; that this may be a question between two parties, both of
whom have lost. In that case, the courts will not double the loss of the
one, to save all loss from the other. That it is a rule of natural as
well as municipal law, that in questions "de damno evitando melior est
conditio possidentis." If this maxim be just, where each party is equally
innocent, how much more so, where the loss has been produced by the act
of the creditor? For, a nation, as a society, forms a moral person, and
every member of it is personally responsible for his society. It was the
act of the lender, or of his nation, which annihilated the profits of the
money lent; he cannot then demand profits which he either prevented from
coming into existence, or burnt, or otherwise destroyed, after they were
produced. If, then, there be no instrument, or title of debt so formal
and sacred as to give right to interest under all possible circumstances,
and if circumstances of exemption, stronger than in the present case,
cannot possibly be found, then no instrument or title of debt, however
formal or sacred, can give right to interest under the circumstances
of our case. Let us present the question in another point of view. Your
own law forbade the payment of interest, when it forbade the receipt of
American produce into Great Britain, and made that produce fair prize on
its way from the debtor to the creditor, or to any other, for his use of
reimbursement. All personal access between creditor and debtor was made
illegal; and the debtor, who endeavored to make a remitment of his debt,
or interest, must have done it three times, to answer its getting once to
hand; for two out of three vessels were generally taken by the creditor
nation, and, sometimes, by the creditor himself, as many of them turned
their trading vessels into privateers. Where no place has been agreed
on for the payment of a debt, the laws of England oblige the debtor to
seek his creditor wheresoever he is to be found _within the realm_--Coke
Lit. 210, b. but do not bind him to go out of the realm in search of him.
This is our law too. The first act, generally, of the creditors and their
agents here, was, to withdraw from the United States with their books and
papers. The creditor thus withdrawing from his debtor, so as to render
payment impossible, either of the principal or interest, makes it like
the common case of a tender and refusal of money, after which, interest
stops, both by your laws and ours. We see, too, from the letter of Mr.
Adams, June 16, 1786, No. 57, that the British Secretary for Foreign
Affairs was sensible that a British statute, having rendered criminal
all intercourse between the debtor and creditor, had placed the article
of interest on a different footing from the principal. And the letter of
our plenipotentiaries to Mr. Hartley, the British plenipotentiary, for
forming the definitive treaty, No. 58, shows, that the omission to express
_interest_ in the treaty, was not merely an oversight of the parties;
that its allowance was considered by our plenipotentiaries as a thing not
to be intended in the treaty, was declared against by Congress, and that
declaration communicated to Mr. Hartley. After such an explanation, the
omission is a proof of acquiescence, and an intention not to claim it. It
appears, then, that the _debt_ and _interest_ on that debt are separate
things in every country, and under separate rules. That, in every country,
a _debt_ is recoverable, while, in most countries, interest is refused
in all cases; in others, given or refused, diminished or augmented, at
the discretion of the judge; nowhere given in all cases indiscriminately,
and consequently nowhere so incorporated with the _debt_ as to pass with
that, _ex vi termini_, or otherwise to be considered as a determinate and
_vestat_ thing.
While the taking _interest on money_ has thus been considered, in some
countries, as morally wrong in all cases, in others made legally right
but in particular cases, the taking _profits from lands_, or rents in
lieu of profits, has been allowed everywhere, and at all times, both in
morality and law. Hence it is laid down as a general rule, Wolf, s. 229,
"Si quis fundum alienum possidet, domini est quantum valet usas fundi,
et possessoris quantum valet ejus cultura et cura."[18] But even in the
case of lands restored by a treaty, the _arrears_ of profits or rents are
never restored, unless they be particularly stipulated. "Si res vi pacis
restituendæ, restituendi quoque sunt fructus a die _concessionis_,"[19]
say Wolf, s. 1224; and Grotius, "cui pace res conceditur, ei et fructus
conceduntur à _tempore concessionis_: NON RETRO."[20] l. 3. c. 20. s.
22. To place the right to interest on money on a level with the right to
profits on land, is placing it more advantageously than has been hitherto
authorized; and if, as we have seen, a stipulation to restore lands does
not include a stipulation to restore the _back profits_, we may certainly
conclude, _à fortiori_, that the restitution of debts does not include an
allowance of _back interest_ on them.
These reasons, and others like these, have probably operated on the
different courts to produce decisions, that "no interest should run
during the time this general and national calamity lasted;" and they seem
sufficient at least to rescue their decisions from that flagrant denial
of right, which can alone authorize one nation to come forward with
complaints against the judiciary proceedings of another.
Sec. 55. The States have been uniform in the allowance of interest before
and since the war, but not of that claimed during the war. Thus we know by
[E. 1.] the case of Neate's executors _v._ Sands, in New York, and Mildred
_v._ Dorsey, in Maryland, that in those States interest during the war
is disallowed by the courts. By [D. 8.] 1784, May, the act relating to
debts due to persons who have been, and remained within the enemy's power
or lines during the late war. That Connecticut left it to their Court of
Chancery to determine the matter according to the rules of equity, or
to leave it to referees; by [E. 2.] the case of Osborn _v._ Mifflin's
executors, and [E. 3.] Hare _v._ Allen, explained in the letter of Mr.
Rawle, attorney of the United States, No. 59. And by the letter of Mr.
Lewis, judge of the district court of the United States, No. 60, that in
Pennsylvania the rule is, that where neither the creditor nor any agent
was within the State, no interest was allowed; where either remained, they
gave interest. In all the other States, I believe it is left discretionary
in the courts and juries. In Massachusetts the practice has varied. In
November, 1784, they instruct their Delegates in Congress to ask the
determination of Congress, whether they understood the word "debts" in
the treaty as including interest? and whether it is their opinion, that
interest during the war should be paid? and at the same time they pass
[D. 9.] the act directing the courts to suspend rendering judgment for any
interest that might have accrued between April 19, 1775, and January 20,
1783. But in 1787, when there was a general compliance enacted through
all the United States, in order to see if that would produce a counter
compliance, their Legislature passed the act repealing all laws repugnant
to the treaty, No. 33, and their courts, on their part, changed their rule
relative to interest during the war, which they have uniformly allowed
since that time. The Circuit Court of the United States, at their sessions
at ----, in 1790, determined in like manner that interest should be
allowed during the war. So that, on the whole, we see that, in one State
interest during the war is given in every case; in another it is given
wherever the creditor, or any agent for him, remained in the country, so
as to be accessible; in the others, it is left to the courts and juries
to decide according to their discretion and the circumstances of the case.
TO RECAPITULATE.
Sec. 56. I have, by way of preliminary, placed out of the present
discussion all acts and proceedings prior to the treaty of peace,
considering them as settled by that instrument, and that the then state
of things was adopted by the parties, with such alterations only as that
instrument provided.
I have then taken up the subsequent acts and proceedings, of which you
complain as infractions, distributing them according to their subjects,
to wit:
I. Exile and confiscations.
II. Debts.
III. Interest.
I. Exile and confiscations.
After premising, that these are lawful acts of war, I have shown that
the 5th article was _recommendatory_ only, its stipulations being, not to
_restore_ the confiscations and exiles, but to _recommend_ to the State
Legislatures to restore them:
That this word, having but one meaning, establishes the intent of the
parties; and moreover, that it was particularly explained by the American
negotiators, that the Legislatures would be free to comply with the
recommendation or not, and probably would not comply:
That the British _negotiators_ so understood it:
That the British _ministry_ so understood it:
And the members of both Houses of _Parliament_, as well those who
approved, as who disapproved the article.
I have shown, that Congress did recommend, earnestly and _bona fide_:
That the States refused or complied, in a greater or less degree,
according to circumstances, but more of them, and in a greater degree than
was expected:
And that compensation, by the British treasury, to British sufferers,
was the alternative of her own choice, our negotiators having offered to
do that, if she would compensate such losses as we had sustained by acts
authorized by the modern and moderate principles of war.
II. Before entering on the subject of debts, it was necessary--
1st. To review the British infractions, and refer them to their exact
dates.
To show that the carrying away of the negroes preceded the 6th of May,
1783.
That instead of evacuating the _upper posts with all convenient speed_,
no order had been received for the evacuation, August 13, 1783.
None had been received May 10, 1784.
None had been received July 13, 1784.
From whence I conclude none had ever been _given_,
And thence, that none had ever been _intended_.
In the latter case, this infraction would date from the signature of
the treaty. But founding it on the _not giving the order with convenient
speed_, it dates from April, 1783, when the order for evacuating New York
was given, as there can be no reason why it should have been inconvenient
to give this order as early.
The infraction, then, respecting the upper posts, was before the treaty
was known in America.
That respecting the negroes, was as soon as it was known.
I have observed that these infractions were highly injurious.
The first, by depriving us of our fur trade, profitable in itself, and
valuable as a means of remittance for paying the debts; by intercepting
our friendly and neighborly intercourse with the Indian nations, and
consequently keeping us in constant, expensive, and barbarous war with
them.
The second, by withdrawing the cultivators of the soil, the produce of
which was to pay the debts.
2d. After fixing the date of the British infractions, I have shown,
That, as they _preceded_, so they _produced_ the acts on our part
complained of, as obstacles to the recovery of the debts.
That when one party breaks any stipulation of a treaty, the other is free
to break it also, either in the whole, or in equivalent parts, at its
pleasure.
That Congress having made no elections,
Four of the States assumed, separately, to modify the recovery of debts--
1. By indulging their citizens with longer and more practicable times of
payment.
2. By liberating their bodies from execution, on their delivering property
to the creditor, to the full amount of his demand, on a fair appraisement,
as practised always under the elegit.
3. By admitting, during the first moments of the non-existence of coin
among us, a discharge of executions by payment in paper money.
The first of these acts of retaliation, was in December, 1783, nine months
after the infractions committed by the other party.
And all of them were so moderate, of so short duration, the result of
such necessities, and so produced, that we might, with confidence, have
referred them, _alterius principis, quo boni viri, arbitrio_.
3. That induced, at length, by assurances from the British court, that
they would concur in a fulfilment of the treaty,
Congress, in 1787, declared to the States its will, that even the
appearance of obstacle, raised by their acts, should no longer continue;
And required a formal repeal of every act of that nature; and to avoid
question, required it as well from those who had not, as from those who
had passed such acts; which was complied with so fully, that no such laws
remained in any State of the Union, except one;
And even that one could not have forborne, if any symptoms of compliance
from the opposite party had rendered a reiterated requisition from
Congress important.
4. That, indeed, the requiring such a repeal, was only to take away
pretext:
For, that it was at all times perfectly understood, that treaties
controlled the laws of the States--
The confederation having made them obligatory on the whole:
Congress having so declared and demonstrated them:
The Legislatures and Executives of most of the States having admitted it:
And the Judiciaries, both of the separate and General Governments, so
deciding.
That the courts are open everywhere upon this principle:
That the British creditors have, for some time, been in the habit and
course of recovering their debts at law:
That the class of separate and unsettled debts contracted before the war,
forms now but a small proportion of the original amount:
That the integrity and independence of the courts of justice in the United
States, are liable to no reproach:
Nor have popular tumults furnished any ground for suggesting, that either
courts or creditors are overawed by them in their proceedings.
III. Proceeding to the article of interest, I have observed:
That the decision, whether it shall or shall not be allowed _during the
war_, rests, by our constitution, with the courts altogether.
That if these have generally decided against the allowance, the reasons
of their decisions appear so weighty, as to clear them from the charge of
that palpable degree of wrong, which may authorize national complaint, or
give a right of refusing execution of the treaty, by way of reprisal.
To vindicate them, I have stated shortly, some of the reasons which
support their opinion.
That interest during the war, was not _expressly_ given by the treaty:
That the revival of debts did not, _ex vi termini_, give interest on them:
That interest is not a part of the debt, but damages for the detention of
the debt:
That it is disallowed habitually in most countries;
Yet has never been deemed a ground of national complaint against them:
That in England also, it was formerly unlawful in all cases:
That at this day it is denied there, in such a variety of instances, as
to protect from it a great part of the transactions of life:
That, in fact, there is not a single _title_ to debt, so formal
and sacred, as to give a right to _interest_, under all possible
circumstances, either there or here:
That of these circumstances, judges and jurors are to decide, _in their
discretion_, and are accordingly in the habit of augmenting, diminishing,
or refusing interest, in every case, according to their discretion:
That the circumstances against the allowance, are unquestionably of the
strongest in our case:
That a _great national calamity_ rendering the lands unproductive, which
were to pay the interest, has been adjudged a sufficient cause of itself,
to suspend interest:
That, were both plaintiff and defendant equally innocent of that cause,
The question, who should avoid loss? would be in favor of the party in
possession:
And, _à fortiori_, in his favor, where the calamity was produced by the
act of the demandant.
That, moreover, the laws of the party creditor had cut off the _personal_
access of his debtor,
And the transportation of his _produce or money_ to the country of the
creditor, or to any other for him:
And where the creditor prevents payment both of principal and interest,
the latter, at least, is justly extinguished.
That the _departure_ of the creditor, leaving no agent in the country of
the debtor, would have stopped interest of itself,
The debtor not being obliged to go out of the country to seek him.
That the British minister was heretofore sensible of the weight of the
objections to the claim of interest:
That the declarations of Congress and our plenipotentiaries, _previous to
the definitive treaty_, and the silence of that instrument, afford proof
that interest was not intended on our part, nor insisted on, on the other:
That, were we to admit interest on money, to equal favor with profits on
land, arrears of profits would not be demandable in the present case, nor
consequently arrears of interest:
And, on the whole, without undertaking to say what the law is, which is
not the province of the Executive,
We say, that the reasons of those judges, who deny interest during the
war, _appear sufficiently cogent_--
To account for their opinion on honest principles:
To exempt it from the charge of palpable and flagrant wrong, _in re minime
dubiâ_:
And to take away all pretence of withholding execution of the treaty, by
way of reprisal for that cause.
Sec. 57. I have now, sir, gone through the several acts and proceedings
enumerated in your appendix, as infractions of the treaty, omitting, I
believe, not a single one, as may be seen by a table hereto subjoined,
wherein every one of them, as marked and numbered in your appendix, is
referred to the section of this letter in which it is brought into view;
and the result has been, as you have seen--
1. That there was no absolute stipulation to restore _antecedent_
confiscations, and that none _subsequent_ took place:
2. That the recovery of the debts was obstructed _validly_ in none of
our States, _invalidly_ only in a few, and that not till long after the
infractions committed on the other side; and
3. That the decisions of courts and juries against the claims of interest
are too probably founded to give cause for questioning their integrity.
These things being evident, I cannot but flatter myself, after the
assurances received from you of his Britannic Majesty's desire to remove
every occasion of misunderstanding from between us, that an end will now
be put to the disquieting situation of the two countries, by as complete
execution of the treaty as circumstances render practicable at this late
day: that it is to be done so late has been the source of heavy losses,
of blood and treasure, to the United States. Still our desire of friendly
accommodation is, and has been, constant. No "_lawful impediment_ has
been opposed to the prosecution of the just rights of your citizens."
And if any instances of _unlawful_ impediment have existed in any of
the inferior tribunals, they would, like other unlawful proceedings,
have been overruled on appeal to the higher courts. If not overruled
there, a complaint to the Government would have been regular, and their
interference probably effectual. If your citizens would not prosecute
their rights, it was impossible they should recover them, or be denied
recovery; and till a denial of right through all the tribunals, there is
no ground for complaint; much less for a refusal to comply with solemn
stipulations, the execution of which is too important to us ever to
be dispensed with. These difficulties being removed from between the
two nations, I am persuaded the interests of both will be found in the
strictest friendship. The considerations which lead to it are too numerous
and forcible to fail of their effect; and that they may be permitted to
have their full effect, no one wishes more sincerely than he, who has the
honor to be, &c.[21]
FOOTNOTES:
[6] "The state in which things are found at the moment of the treaty,
should be considered as lawful; and if it is meant to make any change
init, the treaty must expressly mention it. Consequently, all things,
about which the treaty is silent, must remain in the state in which
they are found at its conclusion." Vattel, 1. 4. s. 21.
[7] "Those things of which nothing is said, remain in the state in
which they are." Wolf, 1222.
[8] Vattel, 1. 4, s. 24.--"The treaty of peace binds the _contracting
parties_ from the moment it is concluded, as soon as it has received
its whole form, and they ought immediately to have it executed. But
this treaty does not bind the _subjects_, but from the moment it is
notified to them." And s. 25.--"The treaty becomes, by its
_publication_, a law for the subjects, and they are obliged,
_thenceforward_, to conform themselvesto the stipulations therein
agreed on."
[9] "The paction of the peace binds the _contractors_ immediately, as
it is _perfect_, since the obligation is derived from the pact; but
the _subjects_ and soldiers, as soon as it is _published_ to them;
since _they cannot have certain evidence of it before its
publication_." Wolf, s. 1229.
[10] "Since it is a condition of war, that enemies may be deprived
of all their rights, it is reasonable that everything of an enemy's,
found among his enemies, should change its owner, and go to the
treasury. It is, moreover, usually directed, in all declarations
of war, that the goods of enemies, as well _those found among us_,
as those taken in war, shall beconfiscated. If we follow the mere
right of war, even _immovable_ property may be sold, and its price
carried into the treasury, as is the customwith movable property.
But in almost all Europe, it is only notified that their profits,
during the war, shall be received by the treasury; and the war being
ended, the immovable property itself is restored, by agreement,
to the former owner." Bynk. Ques. Jur. Pub. 1. 1, c. 7.
[11] "Lors qu'on n'a point marqué de terme pour l'accomplissement du
traité, et pour l'execution de chacun des articles, le bon sens dit
que chaque point doit être executé _aussitôt qu'il est possible_.
C'est sans doute ainsi qu'on l'a entendu."
[12] Instead of this, Fort Erie was, by error, inserted in my letter
of December 15.
[13] "If the obstacle be real, time must be given, for no one is
bound to an impossibility." Vattel l. 4, s. 51.
[14] "No one is bound beyond what he can do, and whether he can,
may be left to the decision of the other prince, as an honest man."
Bynk. Q. J. P. l. 2, c. 10.
[15] "What I have said of things in action being rightly confiscated
hold thus: If the prince really exacts from his subjects what they
owed to our enemies, if he shall have exacted it, it is rightfully
paid, if he shall not have exacted it, peace being made, the former
right of the creditor revives; accordingly, it is for the most part
agreed among nations, that things in action being confiscated in war,
the peace being made, those which were paid are deemed to have
perished and remain extinct; but those not paid, revive, and are
restored to their true creditors."--Bynk. Q. J. P. l. 1, c. 7.
[16] In a matter susceptible of no doubt.
[17] On account of the detention of the debt.
[18] "If any one is in possession of another's land, so much belongs
to the owner as the use of the land is worth, and so much to the
possessor as his labor and care are worth."
[19] "If things are to be restored by virtue of the peace, the
profits are also to be restored _from the day of the cession_."
[20] "To whomsoever a thing is conceded by the peace, to him
also the profits are conceded, _from the time of the concession_,
BUT NOT BACK."
[21] For documents referred to in this letter, see American
State Papers, Foreign Affairs, vol. ii., p. 216.
CIRCULAR TO THE AMERICAN CONSULS.
Philadelphia, May 31, 1792.
Sir,--Congress having closed their session on the 8th instant, I have
now the honor to forward you a copy of the laws passed thereat. One of
these, chapter twenty-four, will require your particular attention, as it
contains such regulations relative to the consular office, as it has been
thought proper to establish legislatively.
With respect to the security required by the sixth section, I would prefer
persons residing within the United States, where the party can procure
such to be his security. In this case, his own bond duly executed may be
sent to me, and his sureties here may enter into a separate bond. Where
the party cannot conveniently find sureties within the United States,
my distance and want of means of knowing their sufficiency, oblige
me to refer him to the minister or chargé des affaires of the United
States, within the same government, if there be one, and if not, then
to the minister of the United States, resident at Paris. The securities
which they shall approve, will be admitted as good. In like manner, the
account for their disbursements, authorized by this law (and no other
can be allowed), are to be settled at stated periods with the minister
or chargé within their residence, if there be one, if none, then with
the minister of the United States at Paris. The person who settles the
account is authorized to pay it. Our consuls in America are not meant to
be included in these directions as to securityship and the settlement
of their accounts, as their situation gives them a more convenient
communication with me. It is also recommended to the consuls to keep an
ordinary correspondence with the minister or chargé to whom they are thus
referred; but it would be also useful, if they could forward directly to
me, from time to time, the prices current of their place, and any other
circumstance which it might be interesting to make known to our merchants
without delay.
The prices of our funds have undergone some variations within the last
three months. The six per cents were pushed by gambling adventurers up to
twenty-six and a half, or twenty-seven and a half shillings the pound. A
bankruptcy having taken place among these, and considerably affected the
more respectable part of the paper holders, a greater quantity of paper
was thrown suddenly on the market than there was demand or money to take
up. The prices fell to nineteen shillings. This crisis has passed, and
they are getting up towards their value. Though the price of public paper
is considered as the barometer of the public credit, it is truly so only
as to the general average of prices. The real credit of the United States
depends on their ability, and the immutability of their will to pay their
debts. These were as evident when their paper fell to nineteen shillings,
as when it was at twenty-seven shillings. The momentary variation was
like that in the price of corn, or any other commodity, the result of a
momentary disproportion between the demand and supply.
The unsuccessful issue of our expedition against the savages the last
year, is not unknown to you. More adequate preparations are making for
the present year, and in the meantime, some of the tribes have accepted
peace, and others have expressed a readiness to do the same.
Another plentiful year has been added to those which had preceded it, and
the present bids fair to be equally so. A prosperity built on the basis of
agriculture is that which is most desirable to us, because to the efforts
of labor it adds the efforts of a greater proportion of soil. The checks,
however, which the commercial regulations of Europe have given to the
sale of our produce, have produced a very considerable degree of domestic
manufacture, which, so far as it is of the household kind, will doubtless
continue, and so far as it is more public, will depend on the continuance
or discontinuance of the European policy.
I am, with great esteem, Sir, your most obedient humble servant.
TO JOHN PAUL JONES.
Philadelphia, June 1, 1792.
Sir,--The President of the United States having thought proper to appoint
you commissioner for treating with the Dey and government of Algiers,
on the subjects of peace and ransom of our captives, I have the honor
to enclose you the commission, of which Mr. Thomas Pinckney, now on his
way to London as our Minister Plenipotentiary there, will be the bearer.
Supposing that there exists a disposition to thwart our negotiations with
the Algerines, and that this would be very practicable, we have thought
it advisable that the knowledge of this appointment should rest with the
President, Mr. Pinckney and myself; for which reason you will perceive,
that the commissions are all in my own hand writing. For the same reason,
entire secrecy is recommended to you, and that you so cover from the
public your departure and destination, as that they may not be conjectured
or noticed; and at the same time, that you set out after as short delay
as your affairs will possibly permit.
In order to enable you to enter on this business with full information,
it will be necessary to give you a history of what has passed.
On the 25th of July, 1785, the schooner Maria, Captain Stevens, belonging
to a Mr. Foster, of Boston, was taken off Cape St. Vincents, by an
Algerine cruiser; and five days afterwards, the ship Dauphin, Captain
O'Bryan, belonging to Messrs. Irwins, of Philadelphia, was taken by
another, about fifty leagues westward of Lisbon. These vessels, with
their cargoes and crews, twenty-one persons in number, were carried into
Algiers. Mr. John Lambe, appointed agent for treating of peace between
the United States and the government of Algiers, was ready to set out
from France on that business, when Mr. Adams and myself heard of these
two captures. The ransom of prisoners being a case not existing when
our powers were prepared, no provision had been made for it. We thought,
however, we ought to endeavor to ransom our countrymen, without waiting
for orders; but at the same time, that acting without authority, we
should keep within the lowest price which had been given by any other
nation. We therefore gave a supplementary instruction to Mr. Lambe to
ransom our captives, if it could be done for two hundred dollars a man,
as we knew that three hundred French captives had been just ransomed by
the Mathurins, at a price very little above this sum. He proceeded to
Algiers; but his mission proved fruitless. He wrote us word from thence,
that the Dey asked fifty-nine thousand four hundred and ninety-six dollars
for the twenty-one captives, and that it was not probable he would abate
much from that price. But he never intimated an idea of agreeing to
give it. As he has never settled the accounts of his mission, no further
information has been received. It has been said that he entered into a
positive stipulation with the Dey, to pay for the prisoners the price
above mentioned, or something near it; and that he came away with an
assurance to return with the money. We cannot believe the fact true; and
if it were, we disavow it totally, as far beyond his powers. We have never
disavowed it formally, because it has never come to our knowledge with
any degree of certainty.
In February, 1787, I wrote to Congress to ask leave to employ the
Mathurins of France in ransoming our captives; and on the 19th of
September, I received their orders to do so, and to call for the money
from our bankers at Amsterdam, as soon as it could be furnished. It was
long before they could furnish the money, and as soon as they notified
that they could, the business was put into train by the General of the
Mathurins, not with the appearance of acting for the United States,
or with their knowledge, but merely on the usual ground of charity.
This expedient was rendered abortive by the revolution of France, the
derangement of ecclesiastical orders there and the revocation of church
property, before any proposition, perhaps, had been made in form by the
Mathurins to the Dey of Algiers. I have some reason to believe that Mr.
Eustace, while in Spain, endeavored to engage the court of Spain to employ
their Mathurins in this business; but whether they actually moved in it
or not, I have never learned.
We have also been told, that a Mr. Simpson of Gibraltar, by the direction
of the Messrs. Bulkeleys of Lisbon, contracted for the ransom of our
prisoners (then reduced by death and ransom to fourteen) at thirty-four
thousand seven hundred and ninety-two dollars. By whose orders they did
it, we could never learn. I have suspected it was some association in
London, which, finding the prices far above their conception, did not go
through with their purpose, which probably had been merely a philanthropic
one. Be this as it may, it was without our authority or knowledge.
Again, Mr. Cathalan, our consul at Marseilles, without any instruction
from the government, and actuated merely, as we presume, by willingness
to do something agreeable, set on foot another negotiation for their
redemption; which ended in nothing.
These several volunteer interferences, though undertaken with good
intentions, run directly counter to our plan; which was, to avoid the
appearance of any purpose on our part ever to ransom our captives, and
by that semblance of neglect, to reduce the demands of the Algerines to
such a price, as might make it hereafter less their interest to pursue
our citizens than any others. On the contrary, they have supposed all
these propositions directly or indirectly came from us; they inferred from
thence the greatest anxiety on our part, where we had been endeavoring to
make them suppose there was none; kept up their demands for our captives
at the highest prices ever paid by any nation; and thus these charitable,
though unauthorized interpositions, have had the double effect of
strengthening the chains they were meant to break, and making us at last
set a much higher rate of ransom for our citizens, present and future,
than we probably should have obtained, if we had been left alone to do
our own work in our own way. Thus stands this business then at present.
A formal bargain, as I am informed, being registered in the books of the
former Dey, on the part of the Bulkeleys of Lisbon, which they suppose
to be obligatory on us, but which is to be utterly disavowed, as having
never been authorized by us, nor its source even known to us.
In 1790, this subject was laid before Congress fully, and at the late
session, moneys have been provided, and authority given to proceed to the
ransom of our captive citizens at Algiers, provided it shall not exceed
a given sum, and provided also, a peace shall be previously negotiated
within certain limits of expense. And in consequence of these proceedings,
your mission has been decided on by the President.
Since, then, no _ransom_ is to take place without a _peace_, you will of
course take up first the negotiation of peace; or, if you find it better
that peace and ransom should be treated of together, you will take care
that no agreement for the latter be concluded, unless the former be
established before or in the same instant.
As to the conditions, it is understood that no peace can be made with
that government, but for a larger sum of money to be paid at once for the
whole time of its duration, or for a smaller one to be annually paid.
The former plan we entirely refuse, and adopt the latter. We have also
understood that peace might be bought cheaper with naval stores than with
money; but we will not furnish them with naval stores, because we think
it not right to furnish them means which we know they will employ to do
wrong, and because there might be no economy in it as to ourselves, in the
end, as it would increase the expenses of that coercion which we may in
future be obliged to practise towards them. The only question then, is,
what sum of _money_ will we agree to pay them _annually_, for peace? By a
letter from Captain O'Bryan, a copy of which you will receive herewith,
we have his opinion that a peace could be purchased with _money_, for
sixty thousand pounds sterling, or with _naval stores_, for one hundred
thousand dollars. An annual payment equivalent to the first, would be
three thousand pounds sterling, or thirteen thousand and five hundred
dollars, the interest of the sum in gross. If we could obtain it for as
small a sum as the second, in _money_, the annual payment equivalent to
it would be five thousand dollars. In another part of the same letter,
Captain O'Bryan says, "if maritime stores and two light cruisers be given,
and a tribute paid in maritime stores every two years, amounting to twelve
thousand dollars in America," a peace can be had. The gift of stores
and cruisers here supposed, converted into an annual equivalent, may be
stated at nine thousand dollars, and adding to it half the biennial sum,
would make fifteen thousand dollars, to be annually paid. You will, of
course, use your best endeavors to get it at the lowest sum practicable;
whereupon I shall only say, that we should be pleased with ten thousand
dollars, contented with fifteen thousand, think twenty thousand a very
hard bargain, yet go as far as twenty-five thousand, if it be impossible
to get it for less; but not a copper further, this being fixed by law as
the utmost limit. These are meant as annual sums. If you can put off the
first annual payment to the end of the first year, you may employ any
sum not exceeding that, in presents to be paid down; but if the first
payment is to be made in hand, that and the presents cannot by law exceed
twenty-five thousand dollars.
And here we meet a difficulty, arising from the small degree of
information we have respecting the Barbary States. Tunis is said to
be tributary to Algiers. But whether the effect of this be, that peace
being made with Algiers, is of course with the Tunisians without separate
treaty, or separate price, is what we know not. If it be possible to have
it placed on this footing, so much the better. In any event, it will be
necessary to stipulate with Algiers, that her influence be interposed
as strongly as possible with Tunis, whenever we shall proceed to treat
with the latter; which cannot be till information of the event of your
negotiation, and another session of Congress.
As to the articles and form of the treaty in general, our treaty with
Morocco was so well digested that I enclose you a copy of that, to be the
model with Algiers, as nearly as it can be obtained, only inserting the
clause with respect to Tunis.
The ransom of the captives is next to be considered. They are now thirteen
in number; to wit, Richard O'Bryan and Isaac Stevens, captains, Andrew
Montgomery and Alexander Forsyth, mates, Jacob Tessanier, a French
passenger, William Patterson, Philip Sloan, Peleg Lorin, James Hall,
James Cathcart, George Smith, John Gregory, James Hermit, seamen. It has
been a fixed principle with Congress, to establish the rate of ransom of
American captives with the Barbary States at as low a point as possible,
that it may not be the interest of those States to go in quest of our
citizens in preference to those of other countries. Had it not been for
the danger it would have brought on the residue of our seamen, by exciting
the cupidity of those rovers against them, our citizens now in Algiers
would have been long ago redeemed, without regard to price. The mere money
for this particular redemption neither has been, nor is, an object with
anybody here. It is from the same regard to the safety of our seamen at
large, that they have now restrained us from any ransom unaccompanied
with peace. This being secured, we are led to consent to terms of ransom,
to which, otherwise, our government never would have consented; that is
to say, to the terms stated by Captain O'Bryan in the following passage
of the same letter: "By giving the minister of the marine (the present
Dey's favorite) the sum of one thousand sequins, I would stake my life
that we would be ransomed for thirteen thousand sequins, and all expenses
included." Extravagant as this sum is, we will, under the security of
peace in future, go so far; not doubting, at the same time, that you
will obtain it as much lower as possible, and not indeed without a hope
that a lower ransom will be practicable, from the assurances given us in
other letters from Captain O'Bryan, that prices are likely to be abated
by the present Dey, and particularly with us, towards whom he has been
represented as well disposed. You will consider this sum, therefore, say
twenty-seven thousand dollars, as your ultimate limit, including ransom,
duties, and gratifications of every kind.
As soon as the ransom is completed, you will be pleased to have the
captives well clothed and sent home at the expense of the United States,
with as much economy as will consist with their reasonable comfort. It
is thought best, that Mr. Pinckney, our minister at London, should be the
confidential channel of communication between us. He is enabled to answer
your drafts for money within the limits before expressed; and as this will
be by re-drawing on Amsterdam, you must settle with him the number of days
_after sight_, at which your bills shall be payable in London, so as to
give him time, in the meanwhile, to draw the money from Amsterdam.
We shall be anxious to know as soon and as often as possible, your
prospects in these negotiations. You will receive herewith a cypher, which
will enable you to make them with safety. London and Lisbon (where Colonel
Humphreys will forward my letters) will be the safest and best ports of
communication. I also enclose two separate commissions, for the objects
of peace and ransom. To these is added a commission to you as consul for
the United States, at Algiers, on the possibility that it might be useful
for you to remain there till the ratification of the treaties shall be
returned from hence; though you are not to delay till their return the
sending the captives home, nor the necessary payments of money within the
limits before prescribed. Should you be willing to remain there, even
after the completion of the business, as consul for the United States,
you will be free to do so, giving me notice, that no other nomination
may be made. These commissions, being issued during the recess of the
Senate, are in force, by the Constitution, only till the next session of
the Senate. But their renewal then is so much a matter of course and of
necessity, that you may consider that as certain, and proceed without any
interruption. I have not mentioned this in the commissions, because it is
in all cases surplusage, and because it might be difficult of explanation
to those to whom you are addressed.
The allowance for all your expenses and time (exclusive of the ransom,
price of peace, duties, presents, maintenance and transportation of the
captives) is at the rate of two thousand dollars a year, to commence
from the day on which you shall set out for Algiers, from whatever place
you may take your departure. The particular objects of peace and ransom
once out of the way, the two thousand dollars annually are to go in
satisfaction of time, services, and expenses of every kind, whether you
act as consul or commissioner.
As the duration of this peace cannot be counted on with certainty, and we
look forward to the necessity of coercion by cruises on their coast, to
be kept up during the whole of their cruising season, you will be pleased
to inform yourself, as minutely as possible, of every circumstance which
may influence or guide us in undertaking and conducting such an operation,
making your communications by safe opportunities.
I must recommend to your particular notice, Captain O'Bryan, one of the
captives, from whom we have received a great deal of useful information.
The zeal which he has displayed under the trying circumstances of
his present situation, has been very distinguished. You will find him
intimately acquainted with the manner in which, and characters with whom
business is to be done there, and perhaps he may be an useful instrument
to you, especially in the outset of your undertaking, which will require
the utmost caution and the best information. He will be able to give you
the characters of the European consuls there, though you will, probably,
not think it prudent to repose confidence in any of them.
Should you be able successfully to accomplish the objects of your mission
in time to convey notice of it to us as early as possible during the next
session of Congress, which meets in the beginning of November and rises
the 4th of March, it would have a very pleasant effect.
I am, with great esteem, Sir, your most obedient, and most humble servant.
TO MR. MADISON.
Philadelphia, June 4, 1792.
Dear Sir,--I wrote you on the 1st inst., which I will call No. 1, and
number my letters in future that you may know when any are missing. Mr.
Hammond has given me an answer in writing, saying, he must send my letter
to his court and wait their instructions. On this I desired a personal
interview, that we might consider the matter together in a familiar way.
He came accordingly, yesterday, and took a solo dinner with me, during
which our conversation was full, unreserved, and of a nature to inspire
mutual confidence. The result was that he acknowledged explicitly that his
country had hitherto heard one side of the question only, and that from
prejudiced persons, that it was now for the first time discussed, that it
was placed on entirely new ground, his court having no idea of a charge of
first infractions on them, and a justification on that ground of what had
been done by our States, that this made it quite a new case to which no
instructions he had could apply. He found, from my expressions, that I had
entertained an idea of his being able to give an order to the Governor of
Canada to deliver up the posts, and smiled at the idea; and it was evident
from his conversation that it had not at all entered into the expectations
of his court that they were to deliver up the posts. He did not say so
expressly, but he said that they considered the retaining of the posts as
a very imperfect compensation for the losses their subjects had sustained;
under the cover of the clause of the treaty which admits them to the
navigation of the Mississippi, and the evident mistake of the negotiators
in supposing that a line due west from the Lake of the Woods would strike
the Mississippi, he suppose an explanatory convention necessary, and
showed a desire that such a slice of our Northwestern Territory might be
cut off for them as would admit them to the navigation and profit of the
Mississippi, &c., &c. He expects he can have his final instructions by
the meeting of Congress. I have not yet had the conversation mentioned in
my last. Do you remember that you were to leave me a list of names? Pray
send them to me. My only view is that, if the P. asks me for a list of
particulars, I may enumerate names to him, without naming my authority,
and show him that I had not been speaking merely at random. If we do not
have our conversation before, I can make a comparative table of the debts
and numbers of all modern nations. I will show him how high we stand
indebted by the poll in that table. I omitted Hammond's admission that the
debt from the Potowmac North might be considered as liquidated, that that
of Virginia was now the only great object, and cause of anxiety, amounting
to two millions sterling. Adieu. Yours, affectionately.
TO THOMAS BARCLAY, ESQUIRE.
Philadelphia, June 11, 1792.
Sir,--Congress having furnished me with means for procuring peace, and
ransoming our captive citizens from the government of Algiers, I have
thought it best, while you are engaged at Morocco, to appoint Admiral
Jones to proceed to Algiers, and therefore have sent him a commission for
establishing peace, another for the ransom of our captives, and a third
to act there as consul for the United States, and full instructions are
given in a letter from the Secretary of State to him, of all which papers,
Mr. Pinckney, now proceeding to London as our Minister Plenipotentiary
there, is the bearer, as he is also of this letter. It is some time,
however, since we have heard of Admiral Jones, and as in the event of any
accident to him, it might occasion an injurious delay, were the business
to await new commissions from hence, I have thought it best in such an
event, that Mr. Pinckney should forward to you all the papers addressed to
Admiral Jones, with this letter, signed by myself, giving you authority on
receipt of those papers, to consider them addressed to you, and to proceed
under them in every respect as if your name stood in each of them in the
place of that of John Paul Jones. You will of course finish the business
of your mission to Morocco with all the dispatch practicable, and then
proceed to Algiers on that hereby confided to you, where this letter,
with the commissions addressed to Admiral Jones, and an explanation of
circumstances, will doubtless procure you credit as acting in the name
and on the behalf of the United States, and more especially when you shall
efficaciously prove your authority by the fact of making on the spot, the
payments you shall stipulate. With full confidence in the prudence and
integrity with which you will fulfill the objects of the present mission,
I give to this letter the effect of a commission and full powers, by
hereunto subscribing my name, this eleventh day of June, one thousand
seven hundred and ninety-two.
TO MR. PINCKNEY.
Philadelphia, June 11, 1792.
Dear Sir,--I have already had the honor of delivering to you your
commission as Minister Plenipotentiary of the United States at the court
of London, and have now that of enclosing your letter of credence to the
King, sealed, and a copy of it open for your own information. Mr. Adams,
your predecessor, seemed to understand, on his being presented to that
court, that a letter was expected for the Queen also. You will be pleased
to inform yourself whether the custom of that court requires this from
us: and to enable you to comply with it, if it should, I enclose a letter
sealed for the Queen, and a copy of it open for your own information.
Should its delivery not be requisite you will be so good as to return
it, as we do not wish to set a precedent which may bind us hereafter
to a single unnecessary ceremony. To you, Sir, it will be unnecessary
to undertake a general delineation of the duties of the office to which
you are appointed. I shall therefore only express a desire that they be
constantly exercised in that spirit of sincere friendship which we bear to
the English nation, and that in all transactions with the minister, his
good dispositions be conciliated by whatever in language or attentions
may tend to that effect. With respect to their government, or policy, as
concerning themselves or other nations, we wish not to intermeddle in word
or deed, and that it be not understood that our government permits itself
to entertain either a will or opinion on the subject.
I particularly recommend to you, as the most important of your charges,
the patronage of our commerce, and its liberation from embarrassments
in all the British dominions; but most especially in the West Indies.
Our consuls in Great Britain and Ireland are under general instructions
to correspond with you, as you will perceive by a copy of a circular
letter lately written to them, and now enclosed. From them you may often
receive interesting information. Mr. Joshua Johnson is consul for us at
London, James Maury, at Liverpool, Elias Vanderhorst, at Bristol, Thomas
Auldjo, vice-consul at Pool (resident at Cowes), and William Knox, consul
at Dublin. The jurisdiction of each is exclusive and independent, and
extends to all places within the same allegiance nearer to him than to
the residence of any other consul or vice-consul of the United States. The
settlement of their accounts from time to time, and the payment of them,
are referred to you, and in this, the act respecting consuls and any other
laws made, or to be made, are to be your guide. Charges which these do
not authorize, you will be pleased not to allow. These accounts are to be
settled up to the first day of July in every year, and to be transmitted
to the Secretary of State.
The peculiar custom in England, of impressing seamen on every appearance
of war, will occasionally expose our seamen to peculiar oppressions and
vexations. These will require your most active exertions and protection,
which we know cannot be effectual without incurring considerable expense;
and as no law has as yet provided for this, we think it fairer to take
the risk of it on the executive than to leave it on your shoulders. You
will, therefore, with all due economy, and on the best vouchers the nature
of the case will admit, meet those expenses, transmitting an account of
them to the Secretary of State, to be communicated to the Legislature.
It will be expedient that you take proper opportunities in the meantime,
of conferring with the minister on this subject, in order to form some
arrangement for the protection of our seamen on those occasions. We
entirely reject the mode which was the subject of a conversation between
Mr. Morris and him, which was, that our seamen should always carry about
them certificates of their citizenship. This is a condition never yet
submitted to by any nation, one with which seamen would never have the
precaution to comply; the casualties of their calling would expose them
to the constant destruction or loss of this paper evidence, and thus,
the British government would be armed with _legal authority_ to impress
the whole of our seamen. The simplest rule will be, that the vessel
being American, shall be evidence that the seamen on board her are such.
If they apprehend that our vessels might thus become asylums for the
fugitives of their own nation from impress-gangs, the number of men to
be protected by a vessel may be limited by her tonnage, and one or two
officers only be permitted to enter the vessel in order to examine the
numbers on board; but no press-gang should be allowed ever to go on board
an American vessel, till after it shall be found that there are more than
their stipulated number on board, nor till after the master shall have
refused to deliver the supernumeraries (to be named by himself) to the
press-officer who has come on board for that purpose; and even then, the
American consul should be called in. In order to urge a settlement of this
point, before a new occasion may arise, it may not be amiss to draw their
attention to the peculiar irritation excited on the last occasion, and
the difficulty of avoiding our making immediate reprisals on their seamen
here. You will be so good as to communicate to me what shall pass on this
subject, and it may be made an article of convention, to be entered into
either there or here.
You will receive herewith a copy of the journals of the ancient Congress,
and of the laws, journals and reports of the present. Those for the
future, with gazettes and other interesting papers, shall be sent you
from time to time; and I shall leave you generally to the gazettes, for
whatever information is in possession of the public, and shall especially
undertake to communicate by letter, such only relative to the business
of your mission as the gazetteers cannot give. From you I ask, once or
twice a month, a communication of interesting occurrences in England,
of the general affairs of Europe, the court gazette, the best paper in
the interest of the ministry and the best of the opposition party, most
particularly, that one of each which shall give the best account of the
debates of parliament, the parliamentary register annually, and such
other political publications as may be important enough to be read by one
who can spare little time to read anything, or which may contain matter
proper to be kept and turned to, on interesting subjects and occasions.
The English packet is the most certain channel for such epistolary
communications as are not very secret, and intermediate occasions by
private vessels may be resorted to for secret communications, and for such
as would come too expensively burthened with postage, by the packets. You
are furnished with a cypher for greater secrecy of communication. To the
papers before mentioned, I must desire you to add the Leyden gazette,
paper by paper as it comes out, by the first vessel sailing after its
receipt.
I enclose you the papers in the case of a Mr. Wilson, ruined by the
capture of his vessel, after the term limited by the armistice. They will
inform you of the circumstances of his case, and where you may find him
personally, and I recommend his case to your particular representations
to the British court. It is possible that other similar cases may be
transmitted to you. You have already received some letters of Mr. Adams'
explanations of the principles of the armistice, and of what had passed
between him and the British minister on the subject.
Mr. Greene, of Rhode Island, will deliver you his papers, and I am to
desire that you may patronize his claims so far as shall be just and
right, leaving to himself and his agent to follow up the minute details of
solicitation, and coming forward yourself only when there shall be proper
occasion for you to do so in the name of your nation.
Mr. Cutting has a claim against the government, vouchers for which he is
to procure from England. As you are acquainted with the circumstances of
it, I have only to desire that you will satisfy yourself as to the facts
relative thereto, the evidence of which cannot be transmitted, and that
you will communicate the same to me, that justice may be done between the
public and the claimant.
We shall have occasion to ask your assistance in procuring a workman or
two for our mint; but this shall be the subject of a separate letter,
after I shall have received more particular explanations from the director
of the mint.
I have the honor to be, with great and sincere esteem, dear Sir, your most
obedient, and most humble servant.
TO THOMAS PINCKNEY.
Philadelphia, June 11, 1792.
Sir,--The letter I have addressed to Admiral Jones, of which you have
had the perusal, has informed you of the mission with which the President
has thought proper to charge him at Algiers, and how far your agency is
desired for conveying to him the several papers, for receiving and paying
his drafts to the amount therein permitted, by re-drawing yourself on
our bankers in Amsterdam who are instructed to honor your bills, and by
acting as a channel of correspondence between us. It has been some time,
however, since we have heard of Admiral Jones. Should any accident have
happened to his life, or should you be unable to learn where he is, or
should distance, refusal to act, or any other circumstance deprive us of
his services on this occasion, or be likely to produce too great a delay,
of which you are to be the judge, you will then be pleased to send all
the papers confided to you for him, to Mr. Thomas Barclay, our consul at
Morocco, with the letter addressed to him, which is delivered you open,
and by which you will perceive that he is, in that event, substituted
to every intent and purpose in the place of Admiral Jones. You will be
pleased not to pass any of the papers confided to you on this business,
through any post office.
I have the honor to be, with great and sincere esteem, Sir, your most
obedient humble servant.
TO MR PINCKNEY.
Philadelphia, June 14, 1792.
Sir,--The United States being now about to establish a mint, it becomes
necessary to ask your assistance in procuring persons to carry on some
parts of it; and to enable you to give it, you must be apprised of some
facts.
Congress, some time ago, authorized the President to take measures for
procuring some artists from any place where they were to be had. It was
known that a Mr. Drost, a Swiss, had made an improvement in the method
of coining, and some specimens of his coinage were exhibited here, which
were superior to anything we had ever seen. Mr. Short was, therefore,
authorized to engage Drost to come over, to erect the proper machinery,
and instruct persons to go on with the coinage; and as he supposed this
would require about a year, we agreed to give him a thousand louis a year
and his expenses. The agreement was made, two coining mills, or screws,
were ordered by him; but in the end, he declined coming. We have reason to
believe he was drawn off by the English East India Company, and that he is
now at work for them in England. Mr. Bolton had also made a proposition
to coin for us in England, which was declined. Since this, the act has
been passed for establishing our mint, which authorizes, among other
things, the employment of an assayer at fifteen hundred dollars a year,
a chief coiner at the same, and an engraver at twelve hundred dollars.
But it admits of the employment of one person, both as engraver and chief
coiner; this we expect may be done, as we presume that any engraver who
has been used to work for a coinage, must be well enough acquainted with
all the operations of coinage to direct them; and it is an economy worth
attention, if we can have the services performed by one officer instead
of two, in which case, it is proposed to give him the salary of the chief
coiner, that is to say, fifteen hundred dollars a year. I have, therefore,
to request that you will endeavor, on your arrival in Europe, to engage
and send us an assayer of approved skill and well-attested integrity,
and a chief coiner and engraver, in one person, if possible, acquainted
with all the improvements in coining, and particularly those of Drost
and Bolton. Their salaries may commence from the day of their sailing
for America. If Drost be in England, I think he will feel himself under
some obligation to aid you in procuring persons. How far Bolton will do
it, seems uncertain. You will, doubtless, make what you can of the good
dispositions of either of these or any other person. Should you find it
impracticable to procure an engraver capable of performing the functions
of chief coiner also, we must be content that you engage separate
characters. Let these persons bring with them all the implements necessary
for carrying on the business, except such as you shall think too bulky
and easily made here. It would be proper, therefore, that they should
consult you as to the necessary implements and their prices, that they may
act under your control. The method of your paying for these implements
and making reasonable advances to the workmen, shall be the subject of
another letter, after the President shall have decided thereon. It should
be a part of the agreement of these people, that they will faithfully
instruct all persons in their art, whom we shall put under them for that
purpose. Your contract with them, may be made for any term not exceeding
four years.
I have the honor to be, with great and much esteem, dear Sir, your most
obedient, and most humble servant.
P. S. Should you not be able to procure persons of eminent qualifications
for their business, in England, it will be proper to open a correspondence
with Mr. Morris on the subject, and see whether he cannot get such
from France. Next to the obtaining the ablest artists, a very important
circumstance is to send them to us as soon as possible.
TO GOUVERNEUR MORRIS.
Philadelphia, June 16, 1792.
Dear Sir,--My last to you was of March the 28th. Yours of April the 6th
and 10th came to hand three days ago.
With respect to the particular objects of commerce susceptible of being
placed on a better footing, on which you ask my ideas, they will show
themselves by the enclosed table of the situation of our commerce with
France and England. That with France is stated as it stood at the time
I left that country, when the only objects whereon change was still
desirable, were those of salted provisions, tobacco and tar, pitch and
turpentine. The first was in negotiation when I came away, and was pursued
by Mr. Short with prospects of success, till their general tariff so
unexpectedly deranged our commerce with them as to other articles. Our
commerce with their West Indies had never admitted amelioration during
my stay in France. The temper of that period did not allow even the
essay, and it was as much as we could do to hold the ground given us by
the Marshal de Castries' _Arret_, admitting us to their colonies with
salted provisions, &c. As to both these branches of commerce, to wit,
with France and her colonies, we have hoped they would pursue their own
proposition of arranging them by treaty, and that we could draw that
treaty to this place. There is no other where the dependence of their
colonies on our States for their prosperity is so obvious as here, nor
where their negotiator would feel it so much. But it would be imprudent
to leave to the uncertain issue of such a treaty, the re-establishment
of our commerce with _France_ on the footing on which it was in the
beginning of their revolution. That treaty may be long on the anvil; in
the meantime, we cannot consent to the late innovations, without taking
measures to do justice to our own navigation. This object, therefore, is
particularly recommended to you, while you will also be availing yourself
of every opportunity which may arise, of benefiting our commerce in any
other part. I am in hopes you will have found the moment favorable on your
arrival in France, when Monsieur Claviere was in the ministry, and the
dispositions of the National Assembly favorable to the ministers. Your
cypher has not been sent hitherto, because it required a most confidential
channel of conveyance. It is now committed to Mr. Pinckney, who also
carries the gazettes, laws, and other public papers for you. We have been
long without any vessel going to Havre. Some of the Indian tribes have
acceded to terms of peace. The greater part, however, still hold off,
and oblige us to pursue more vigorous measures for war. I enclose you an
extract from a circular letter to our consuls, by which you will perceive
that those in countries where we have no diplomatic representative, are
desired to settle their accounts annually with the minister of the United
States at Paris. This business, I must desire you to undertake. The act
concerning consuls will be your guide, and I shall be glad that the first
of July be the day to which their accounts shall be annually settled and
paid, and that they may be forwarded as soon after that as possible to
the office of the Secretary of State, to enter into the general account
of his department, which it is necessary he should make up always before
the meeting of Congress.
I am, with great and sincere esteem, dear Sir, your most obedient, and
most humble servant.
P. S. I have said nothing of our whale oil, because I believe it is on a
better footing since the tariff than before.
TO M. DE LA FAYETTE.
Philadelphia, June 16, 1792.
Behold you, then, my dear friend, at the head of a great army establishing
the liberties of your country against a foreign enemy. May heaven favor
your cause, and make you the channel through which it may pour its
favors. While you are estimating the monster Aristocracy, and pulling out
the teeth and fangs of its associate, Monarchy, a contrary tendency is
discovered in some here. A sect has shown itself among us, who declare
they espoused our new Constitution not as a good and sufficient thing in
itself, but only as a step to an English constitution, the only thing
good and sufficient in itself, in their eye. It is happy for us that
these are preachers without followers, and that our people are firm and
constant in their republican purity. You will wonder to be told that it
is from the eastward chiefly that these champions for a king, lords, and
commons, come. They get some important associates from New York, and are
puffed up by a tribe of Agioteurs which have been hatched in a bed of
corruption made up after the model of their beloved England. Too many
of these stock-jobbers and king-jobbers have come into our Legislature,
or rather too many of our Legislature have become stock-jobbers and
king-jobbers. However, the voice of the people is beginning to make itself
heard, and will probably cleanse their seats at the ensuing election.
The machinations of our old enemies are such as to keep us still at
bay with our Indian neighbors. What are you doing for your colonies?
They will be lost, if not more effectually succored. Indeed, no future
efforts you can make will ever be able to reduce the blacks. All that
can be done, in my opinion, will be to compound with them, as has been
done formerly in Jamaica. We have been less zealous in aiding them, lest
your government should feel any jealousy on our account. But, in truth,
we as sincerely wish their restoration and their connection with you, as
you do yourselves. We are satisfied that neither your justice nor their
distresses will ever again permit their being forced to seek at dear and
distant markets those first necessaries of life which they may have at
cheaper markets, placed by nature at their door, and formed by her for
their support. What is become of Madame de Tessy and Madame de Tott? I
have not heard of them since they went to Switzerland. I think they would
have done better to have come and reposed under the poplars of Virginia.
Pour into their bosoms the warmest effusions of my friendship, and tell
them they will be warm and constant unto death. Accept of them also for
Madame de La Fayette, and your dear children; but I am forgetting that
you are in the field of war, and they I hope in those of peace. Adieu, my
dear friend. God bless you all. Yours affectionately.
TO MR. BARLOW.
Philadelphia, June 20, 1792.
Dear Sir,--Though I am in hopes you are now on the ocean home-bound, yet
I cannot omit the chance of my thanks reaching you, for your "Conspiracy
of Kings" and advice to the privileged orders, the second part of which I
am in hopes is out by this time. Be assured that your endeavors to bring
the trans-Atlantic world into the road of reason, are not without their
effect here. Some here are disposed to move retrograde, and to take their
stand in the rear of Europe, now advancing to the high ground of natural
right; but of all this your friend Mr. Baldwin gives you information, and
doubtless paints to you the indignation with which the heresies of some
people here fill us.
This will be conveyed by Mr. Pinckney, an honest, sensible man, and good
republican. He goes our Minister Plenipotentiary to London. He will arrive
at an interesting moment in Europe. God send that all the nations who join
in attacking the liberties of France may end in the attainment of their
own. I still hope this will not find you in Europe, and therefore add
nothing more than assurances of affectionate esteem from, dear Sir, your
sincere friend and servant.
TO PETER CARR.
Philadelphia, June 22, 1792.
Dear Sir,--I received in due time your favor of May 28, with the notes
it contained on the subject of Waste. Your view of the subject, as far
as it goes, is perfectly proper. Perhaps, on such a question in this
country, where the husbandry is so different, it might be necessary to go
further, and inquire whether any difference of this kind should produce
a difference in the law. The main objects of the law of waste in England
are, 1st, to prevent any disguise of the lands which might lessen the
revisioner's evidence of title, such as the change of pasture into arable;
2d, to prevent any deterioration of it, as the cutting down forest, which
in England is an injury. So careful is the law there against permitting
a deterioration of the land, that though it will permit such improvements
_in the same line_, as manuring arable lands, leading water into pasture
lands, &c., yet it will not permit improvements _in a different line_,
such as erecting buildings, converting pasture into arable, &c., lest
this should lead to a deterioration. Hence we might argue in Virginia,
that though the cutting down of forest in Virginia is, in our husbandry,
rather an improvement generally, yet it is not so always, and therefore it
is safer never to admit it. Consequently, there is no reason for adopting
different rules of waste here from those established in England.
Your objection to Lord Kaims, that he is too metaphysical, is just, and
it is the chief objection to which his writings are liable. It is to
be observed also, that though he has given us what should be the system
of equity, yet it is not the one actually established, at least not in
all its parts. The English Chancellors have gone on from one thing to
another without any comprehensive or systematic view of the whole field
of equity, and therefore they have sometimes run into inconsistencies and
contradictions.
Never fear the want of business. A man who qualifies himself well for
his calling, never fails of employment in it. The foundation you will
have laid in legal reading, will enable you to take a higher ground than
most of your competitors, and even ignorant men can see who it is that
is not one of themselves. Go on then with courage, and you will be sure
of success; for which be assured no one wishes more ardently, nor has
more sincere sentiments of friendship towards you, than, dear Sir, your
affectionate friend.
TO MR. VAN BERCKEL.
Philadelphia, July 2, 1792.
Sir,--It was with extreme concern that I learned from your letter of
June the 25th, that a violation of the protection due to you as the
representative of your nation had been committed, by an officer of this
State entering your house and serving therein a process on one of your
servants. There could be no question but that this was a breach of
privilege; the only one was, how it was to be punished. To ascertain
this, I referred your letter to the Attorney General, whose answer I
have the honor to enclose you. By this you will perceive, that from the
circumstance of your servant's not being registered in the Secretary
of State's office, we cannot avail ourselves of the more certain and
effectual proceeding which had been provided by an act of Congress for
punishing infractions of the law of nations, that act having thought
proper to confine the benefit of its provisions to such domestics only, as
should have been registered. We are to proceed, therefore, as if that act
had never been made, and the Attorney General's letter indicates two modes
of proceeding. 1. By a warrant before a single magistrate, to recover the
money paid by the servant under a process declared void by law. Herein
the servant must be the actor, and the government not intermeddle at all.
The smallness of the sum to be re-demanded will place this cause in the
class of those in which no appeal to the higher tribunal is permitted,
even in the case of manifest error, so that if the magistrate should err,
the government has no means of correcting the error. 2. The second mode
of proceeding would be, to indict the officer in the Supreme Court of the
United States; with whom it would rest to punish him at their discretion,
in proportion to the injury done and the malice from which it proceeded;
and it would end in punishment alone, and not in a restitution of the
money. In this mode of proceeding, the government of the United States is
actor, taking the management of the cause into its own hands, and giving
you no other trouble than that of bearing witness to such material facts
as may not be otherwise supported. You will be so good as to decide in
which of these two ways you would choose the proceeding should be; if
the latter, I will immediately take measures for having the offender
prosecuted according to law.
I have the honor to be, with sentiments of respect, Sir, your most
obedient, and most humble servant.
TO HIS EXCELLENCY THE GOVERNOR OF GEORGIA.
Philadelphia, July 3, 1792.
Sir,--I have the honor to enclose to your Excellency, the copy of a
letter I have received from his Catholic Majesty's representatives
here, in consequence of a complaint from the Governor of Florida, that
three inhabitants of the State of Georgia, to wit, Thomas Harrison,
David Rees, and William Ewin, had entered the Spanish territory and
brought from thence five negro slaves, the property of John Blackwood, a
Spanish subject, without his consent, in violation of the rights of that
State and the peace of the two countries. I had formerly had the honor
of sending you a copy of the convention entered into between the said
Governor and Mr. Leagrove, on the part of the United States for the mutual
restitution of fugitive slaves. I now take the liberty of requesting your
Excellency to inform me what is done, or likely to be done with you for
the satisfaction of the Spanish government in this instance. Nobody knows
better than your Excellency the importance of restraining individuals from
committing the peace and honor of the two nations, and I am persuaded that
nothing will be wanting on your part to satisfy the just expectations of
the government of Florida on the present occasion. I have the honor to
be, with great respect, your Excellency's most obedient, and most humble
servant.
TO MESSRS. DE VIAR AND JAUDENES.
Philadelphia, July 9, 1792.
Gentlemen,--Information has been received that the government of West
Florida has established an agent within the territory of the United
States, belonging to the Creek Indians, and it is even pretended that
that agent has excited those Indians to oppose the making a boundary
between their district and that of the citizens of the United States.
The latter is so inconsistent with the dispositions to friendship and
good neighborhood which Spain has always expressed towards us, with that
concert of interest which would be so advantageous to the two nations, and
which we are disposed sincerely to promote, that we find no difficulty in
supposing it erroneous. The sending an agent within our limits we presume
has been done without the authority or knowledge of your Government.
It has certainly been the usage, where one nation has wished to employ
agents of any kind within the limits of another, to obtain the permission
of that other, and even to regulate by convention and on principles of
reciprocity, the functions to be exercised by such agents. It is not
to a nation whose dominions are circumstanced as those of Spain in our
neighborhood, that we need develop the inconveniences of permitting
reciprocally the unlicensed mission of agents into the territories of each
other. I am persuaded nothing more is necessary than to bring the fact
under the notice of your Government in order to its being rectified, which
is the object of my addressing you on this occasion; with every assurance
that you will make the proper communications on the subject to your court.
I have the honor to be, with sentiments of perfect esteem and respect,
Gentlemen, your most obedient, and most humble servant.
TO COLONEL HUMPHREYS.
Philadelphia, July 12, 1792.
Dear Sir,--We have been very long indeed without any vessel going from
this port to Lisbon. This is the reason why I have been so long without
acknowledging the receipt of your letters. Your Nos. from 45 to 53
inclusive are received, except No. 52, not yet come to hand. The President
set out yesterday for Virginia, and I shall follow him to-morrow. During
my absence the public papers will be forwarded to you by every opportunity
by Mr. Taylor, with whom this letter is left, as we know of no present
opportunity of forwarding it. The State of Vermont has lately taken some
decisive step to extend its jurisdiction nearer to the British ports than
has hitherto been done. This has produced a complaint from Mr. Hammond. We
shall endeavor to keep things quiet, in hopes of voluntary justice from
them. We shall probably have no campaign this year against the Indians.
There are some hopes they will accept of peace and the rather as we have
never asked anything in return for it. We really wish not to hurt them. I
need not repeat occurrences which you will see in the gazettes. I am, with
great and sincere esteem, dear Sir, your most obedient, and most humble
servant.
TO HIS EXCELLENCY GOVERNOR LEE.
Monticello, August 13, 1792.
Sir,--It was not till yesterday that I was honored with the receipt
of yours of July 23d, or it should have been sooner answered. I am of
opinion that all communications between nations should pass through the
channels of their Executives. However, in the instance of condolence on
the death of Dr. Franklin, the letter from our general government was
addressed to the President of the National Assembly; so was a letter
from the Legislature of Pennsylvania, containing congratulations on the
achievement of liberty to the French nation. I have not heard that, in
either instance, their Executive took it amiss that they were not made
the channel of communication. Perhaps, therefore, this method may at
present be the safest, as it is not quite certain that the sentiments of
their executive and legislative are exactly the same on the subject on
which you have to address them. I cannot better justify the honor of your
consultation than by thus giving you my ideas without reserve, and beg you
to be assured of the sentiments of respect and esteem, with which I have
the honor to be, your Excellency's most obedient, and most humble servant.
TO MR. PALESKE.
Monticello, August 19, 1792.
Sir,--I have received at this place your favor of the 9th instant, wherein
you request, that agreeably to the treaty of commerce between the United
States and his Prussian Majesty, his consul general be acknowledged as
belonging to a most favored nation; that the privileges and immunities
due to a consul general of the most favored nation be granted to his
consul general, and that commissioners be appointed to regulate, by
particular convention, the functions of the consuls and vice-consuls of
the respective nations.
Treaties of the United States duly made and ratified, as is that with
his Prussian Majesty, constitute a part of the law of the land, and need
only promulgation to oblige all persons to obey them, and to entitle
all to those privileges which such treaties confer. That promulgation
having taken place, no other act is necessary or proper on the part of
our government, according to our rules of proceeding, to give effect to
the treaty. This treaty, however, has not specified the privileges or
functions of consuls; it has only provided that these "shall be regulated
by particular agreement." To the proposition to proceed as speedily as
possible to regulate these functions by a convention, my absence from the
seat of government does not allow me to give a definitive answer. I know,
in general, that it would be agreeable to our government, on account of
the recent changes in its form, to suspend for awhile the contracting
specific engagements with foreign nations, until something more shall be
seen of the direction it will take, and of its mode of operation, in order
that our engagements may be so moulded to that, as to insure the exact
performance of them which we are desirous ever to observe. Should this be
the sentiment of our government on the present occasion, the friendship of
his Prussian Majesty is a sufficient reliance to us for that delay which
our affairs might require for the present; and the rather, as his vessels
are not yet in the habit of seeking our ports, and for the few cases which
may occur for some time, our own laws, copied mostly in this respect
from those of a very commercial nation, have made the most material of
those provisions which could be admitted into a special convention for
the protection of vessels, their crews and cargoes, coming hither. We
shall on this, however, and every other occasion, do everything we can to
manifest our friendship to his Prussian Majesty and our desire to promote
commercial intercourse with his subjects; and of this, we hope, he will
be fully assured.
I have the honor to be, with great respect, Sir, your most obedient, and
most humble servant.
TO THE MINISTER PLENIPOTENTIARY OF FRANCE.
August 27, 1792.
Sir,--Your letter of the 2d instant, informing me that the Legislative
body, on the proposition of the King of the French, had declared war
against the King of Hungary and Bohemia, has been duly received, and is
laid before the President of the United States; and I am authorized to
convey to you the expression of the sincere concern we feel on learning
that the French nation, to whose friendship and interests we have the
strongest attachment, are now to encounter the evils of war. We offer our
prayers to Heaven that its duration may be short, and its course marked
with as few as may be of those calamities which render the condition of
war so afflicting to humanity, and we add assurances that, during its
course, we shall continue in the same friendly dispositions, and render
all those good offices which shall be consistent with the duties of a
neutral nation.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Sir, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Monticello, September 9, 1792.
Dear Sir,--I received on the 2d instant the letter of August 23d,
which you did me the honor to write me; but the immediate return of our
post, contrary to his custom, prevented my answer by that occasion. The
proceedings of Spain, mentioned in your letter, are really of a complexion
to excite uneasiness, and a suspicion that their friendly overtures
about the Mississippi, have been merely to lull us while they should be
strengthening their holds on that river. Mr. Carmichael's silence has
been long my astonishment; and however it might have justified something
very different from a new appointment, yet the public interest certainly
called for his junction with Mr. Short, as it is impossible but that
his knowledge of the ground of negotiation, of persons and characters,
must be useful and even necessary to the success of the mission. That
Spain and Great Britain may understand one another on our frontiers
is very possible; for however opposite their interests or disposition
may be in the affairs of Europe, yet while these do not call them into
opposite action, they may concur as against us. I consider their keeping
an agent in the Indian country as a circumstance which requires serious
interference on our part; and I submit to your decision whether it does
not furnish a proper occasion to us to send an additional instruction to
Messrs. Carmichael and Short to insist on a mutual and formal stipulation
to forbear employing agents or pensioning any persons within each other's
limits; and if this be refused, to propose the contrary stipulation, to
wit, that each party may freely keep agents within the Indian territories
of the other, in which case we might soon sicken them of the license.
I now take the liberty of proceeding to that part of your letter wherein
you notice the internal dissensions which have taken place within our
government, and their disagreeable effect on its movements. That such
dissensions have taken place is certain, and even among those who are
nearest to you in the administration. To no one have they given deeper
concern than myself; to no one equal mortification at being myself
a part of them. Though I take to myself no more than my share of the
general observations of your letter, yet I am so desirous ever that you
should know the whole truth, and believe no more than the truth, that
I am glad to seize every occasion of developing to you whatever I do or
think relative to the government; and shall, therefore, ask permission
to be more lengthy now than the occasion particularly calls for, or could
otherwise perhaps justify.
When I embarked in the government, it was with a determination to
intermeddle not at all with the Legislature, and as little as possible
with my co-departments. The first and only instance of variance from
the former part of my resolution, I was duped into by the Secretary
of the Treasury, and made a tool for forwarding his schemes, not then
sufficiently understood by me; and of all the errors of my political life,
this has occasioned me the deepest regret. It has ever been my purpose to
explain this to you, when, from being actors on the scene, we shall have
become uninterested spectators only. The second part of my resolution has
been religiously observed with the War Department; and as to that of the
Treasury, has never been further swerved from than by the mere enunciation
of my sentiments in conversation, and chiefly among those who, expressing
the same sentiments, drew mine from me. If it has been supposed that I
have ever intrigued among the members of the Legislature to defeat the
plans of the Secretary of the Treasury, it is contrary to all truth. As
I never had the desire to influence the members, so neither had I any
other means than my friendships, which I valued too highly to risk by
usurpation on their freedom of judgment, and the conscientious pursuit of
their own sense of duty. That I have utterly, in my private conversations,
disapproved of the system of the Secretary of the Treasury, I acknowledge
and avow; and this was not merely a speculative difference. His system
flowed from principles adverse to liberty, and was calculated to undermine
and demolish the Republic, by creating an influence of his department over
the members of the Legislature. I saw this influence actually produced,
and its first fruits to be the establishment of the great outlines of his
project by the votes of the very persons who, having swallowed his bait,
were laying themselves out to profit by his plans; and that had these
persons withdrawn, as those interested in a question ever should, the
vote of the disinterested majority was clearly the reverse of what they
made it. These were no longer the votes then of the representatives of
the people, but of deserters from the rights and interests of the people;
and it was impossible to consider their decisions, which had nothing
in view but to enrich themselves, as the measures of the fair majority,
which ought always to be respected. If, what was actually doing, begat
uneasiness in those who wished for virtuous government, what was further
proposed was not less threatening to the friends of the Constitution.
For, in a report on the subject of manufactures, (still to be acted
on,) it was expressly assumed that the General Government has a right to
exercise all powers which may be for the _general welfare_, that is to
say, all the legitimate powers of government; since no government has a
legitimate right to do what is not for the welfare of the governed. There
was, indeed, a sham limitation of the universality of this power _to cases
where money is to be employed_. But about what is it that money cannot be
employed? Thus the object of these plans, taken together, is to draw all
the powers of government into the hands of the general Legislature, to
establish means for corrupting a sufficient corps in that Legislature to
divide the honest votes, and preponderate, by their own, the scale which
suited, and to have the corps under the command of the Secretary of the
Treasury, for the purpose of subverting, step by step, the principles of
the Constitution which he has so often declared to be a thing of nothing,
which must be changed. Such views might have justified something more than
mere expressions of dissent, beyond which, nevertheless, I never went. Has
abstinence from the department, committed to me, been equally observed by
him? To say nothing of other interferences equally known, in the case of
the two nations, with which we have the most intimate connections, France
and England, my system was to give some satisfactory distinctions to the
former, of little cost to us, in return for the solid advantages yielded
us by them; and to have met the English with some restrictions which might
induce them to abate their severities against our commerce. I have always
supposed this coincided with your sentiments. Yet the Secretary of the
Treasury, by his cabals with members of the Legislature, and by high-toned
declamations on other occasions, has forced down his own system, which was
exactly the reverse. He undertook, of his own authority, the conferences
with the ministers of those two nations, and was, on every consultation,
provided with some report of a conversation with the one or the other
of them, adapted to his views. These views, thus made to prevail, their
execution fell, of course, to me; and I can safely appeal to you, who
have seen all my letters and proceedings, whether I have not carried
them into execution as sincerely as if they had been my own, though I
ever considered them as inconsistent with the honor and interest of our
country. That they have been inconsistent with our interest is but too
fatally proved by the stab to our navigation given by the French. So that
if the question be by whose fault is it that Colonel Hamilton and myself
have not drawn together? the answer will depend on that to two other
questions, whose principles of administration best justify, by their
purity, conscientious adherence? and which of us has, notwithstanding,
stepped farthest into the control of the department of the other?
To this justification of opinions, expressed in the way of conversation,
against the views of Colonel Hamilton, I beg leave to add some notice of
his late charges against me in Fenno's Gazette; for neither the style,
matter, nor venom of the pieces alluded to, can leave a doubt of their
author. Spelling my name and character at full length to the public,
while he conceals his own under the signature of "An American," he
charges me, 1st. With having written letters from Europe to my friends
to oppose the present Constitution, while depending. 2d. With a desire
of not paying the public debt. 3d. With setting up a paper to decry and
slander the government. 1st. The first charge is most false. No man in the
United States, I suppose, approved of every tittle in the Constitution:
no one, I believe, approved more of it than I did, and more of it was
certainly disapproved by my accuser than by me, and of its parts most
vitally republican. Of this the few letters I wrote on the subject (not
half a dozen I believe) will be a proof; and for my own satisfaction and
justification, I must tax you with the reading of them when I return to
where they are. You will there see that my objection to the Constitution
was, that it wanted a bill of rights securing freedom of religion,
freedom of the press, freedom from standing armies, trial by jury, and
a constant habeas corpus act. Colonel Hamilton's was, that it wanted a
king and house of lords. The sense of America has approved my objection
and added the bill of rights, not the king and lords. I also thought
a longer term of service, insusceptible of renewal, would have made a
President more independent. My country has thought otherwise, I have
acquiesced implicitly. He wishes the General Government should have power
to make laws binding the States in all cases whatsoever. Our country has
thought otherwise: has he acquiesced? Notwithstanding my wish for a bill
of rights, my letters strongly urged the adoption of the Constitution, by
nine States at least, to secure the good it contained. I at first thought
that the best method of securing the bill of rights would be for four
States to hold off till such a bill should be agreed to. But the moment
I saw Mr. Hancock's proposition to pass the Constitution as it stood,
and give perpetual instructions to the representatives of every State to
insist on a bill of rights, I acknowledged the superiority of his plan,
and advocated universal adoption. 2d. The second charge is equally untrue.
My whole correspondence while in France, and every word, letter and act
on the subject, since my return, prove that no man is more ardently intent
to see the public debt soon and sacredly paid off than I am. This exactly
marks the difference between Colonel Hamilton's views and mine, that I
would wish the debt paid to-morrow; he wishes it never to be paid, but
always to be a thing wherewith to corrupt and manage the Legislature.
3d. I have never enquired what number of sons, relatives and friends of
Senators, Representatives, printers or other useful partisans Colonel
Hamilton has provided for among the hundred clerks of his department, the
thousand excisemen, at his nod, and spread over the Union; nor could ever
have imagined that the man who has the shuffling of millions backwards
and forwards from paper into money and money into paper, from Europe to
America, and America to Europe, the dealing out of treasury secrets among
his friends in what time and measure he pleases, and who never slips an
occasion of making friends with his means, that such an one, I say, would
have brought forward a charge against me for having appointed the poet,
Freneau, translating clerk to my office, with a salary of 250 dollars a
year. That fact stands thus. While the government was at New York I was
applied to on behalf of Freneau to know if there was any place within my
department to which he could be appointed. I answered there were but four
clerkships, all of which I found full, and continued without any change.
When we removed to Philadelphia, Mr. Pintard, the translating clerk,
did not choose to remove with us. His office then became vacant. I was
again applied to there for Freneau, and had no hesitation to promise the
clerkship for him. I cannot recollect whether it was at the same time,
or afterwards, that I was told he had a thought of setting up a newspaper
there. But whether then, or afterwards, I considered it a circumstance of
some value, as it might enable me to do, what I had long wished to have
done, that is, to have the material parts of the Leyden Gazette brought
under your eye, and that of the public, in order to possess yourself and
them of a juster view of the affairs of Europe than could be obtained from
any other public source. This I had ineffectually attempted through the
press of Mr. Fenno, while in New York, selecting and translating passages
myself at first, then having it done by Mr. Pintard, the translating
clerk, but they found their way too slowly into Mr. Fenno's papers. Mr.
Bache essayed it for me in Philadelphia, but his being a daily paper,
did not circulate sufficiently in the other States. He even tried, at
my request, the plan of a weekly paper of recapitulation from his daily
paper, in hopes that that might go into the other States, but in this too
we failed. Freneau, as translating clerk, and the printer of a periodical
paper likely to circulate through the States (uniting in one person
the parts of Pintard and Fenno), revived my hopes that the thing could
at length be effected. On the establishment of his paper, therefore, I
furnished him with the Leyden Gazette, with an expression of my wish
that he could always translate and publish the material intelligence
they contained, and have continued to furnish them from time to time, as
regularly as I received them. But as to any other direction or indication
of my wish how his press should be conducted, what sort of intelligence
he should give, what essays encourage, I can protest, in the presence of
heaven, that I never did by myself, or any other, or indirectly, say a
syllable, nor attempt any kind of influence. I can further protest, in the
same awful presence, that I never did, by myself, or any other, directly
or indirectly, write, dictate or procure any one sentence or sentiment
to be inserted _in his, or any other gazette_, to which my name was not
affixed or that of my office. I surely need not except here a thing so
foreign to the present subject as a little paragraph about our Algerine
captives, which I put once into Fenno's paper. Freneau's proposition
to publish a paper, having been about the time that the writings of
Publicola, and the discourses on Davila, had a good deal excited the
public attention, I took for granted from Freneau's character, which
had been marked as that of a good whig, that he would give free place
to pieces written against the aristocratical and monarchical principles
these papers had inculcated. This having been in my mind, it is likely
enough I may have expressed it in conversation with others, though I do
not recollect that I did. To Freneau I think I could not, because I had
still seen him but once, and that was at a public table, at breakfast, at
Mrs. Elsworth's, as I passed through New York the last year. And I can
safely declare that my expectations looked only to the chastisement of
the aristocratical and monarchical writers, and not to any criticisms on
the proceedings of government. Colonel Hamilton can see no motive for any
appointment, but that of making a convenient partizan. But you, Sir, who
have received from me recommendations of a Rittenhouse, Barlow, Paine,
will believe that talents and science are sufficient motives with me
in appointments to which they are fitted; and that Freneau, as a man of
genius, might find a preference in my eye to be a translating clerk, and
make good title to the little aids I could give him as the editor of a
gazette, by procuring subscriptions to his paper, as I did some before it
appeared, and as I have with pleasure done for the labors of other men of
genius. I hold it to be one of the distinguishing excellences of elective
over hereditary successions, that the talents which nature has provided
in sufficient proportion, should be selected by the society for the
government of their affairs, rather than that this should be transmitted
through the loins of knaves and fools, passing from the debauches of the
table to those of the bed. Colonel Hamilton, alias "Plain Facts," says,
that Freneau's salary began before he resided in Philadelphia. I do not
know what quibble he may have in reserve on the word "residence." He may
mean to include under that idea the removal of his family; for I believe
he removed himself, before his family did, to Philadelphia. But no act of
mine gave commencement to his salary before he so far took up his abode
in Philadelphia, as to be sufficiently in readiness for the duties of
the office. As to the merits or demerits of his paper, they certainly
concern me not. He and Fenno are rivals for the public favor. The one
courts them by flattery, the other by censure, and I believe it will be
admitted that the one has been as servile, as the other severe. But is
not the dignity, and even decency of government committed, when one of its
principal ministers enlists himself as an anonymous writer or paragraphist
for either the one or the other of them? No government ought to be without
censors; and where the press is free, no one ever will. If virtuous, it
need not fear the fair operation of attack and defence. Nature has given
to man no other means of sifting out the truth, either in religion, law,
or politics. I think it as honorable to the government neither to know,
nor notice, its sycophants or censors, as it would be undignified and
criminal to pamper the former and persecute the latter. So much for the
past, a word now of the future.
When I came into this office, it was with a resolution to retire from it
as soon as I could with decency. It pretty early appeared to me that the
proper moment would be the first of those epochs at which the Constitution
seems to have contemplated a periodical change or renewal of the public
servants. In this I was confirmed by your resolution respecting the same
period; from which, however, I am happy in hoping you have departed. I
look to that period with the longing of a wave-worn mariner, who has
at length the land in view, and shall count the days and hours which
still lie between me and it. In the meanwhile, my main object will be
to wind up the business of my office, avoiding as much as possible all
new enterprise. With the affairs of the Legislature, as I never did
intermeddle, so I certainly shall not now begin. I am more desirous to
predispose everything for the repose to which I am withdrawing, than
expose it to be disturbed by newspaper contests. If these however cannot
be avoided altogether, yet a regard for your quiet will be a sufficient
motive for my deferring it till I become merely a private citizen, when
the propriety or impropriety of what I may say or do, may fall on myself
alone. I may then, too, avoid the charge of misapplying that time which
now, belonging to those who employ me, should be wholly devoted to their
service. If my own justification, or the interests of the republic shall
require it, I reserve to myself the right of then appealing to my country,
subscribing my name to whatever I write, and using with freedom and truth
the facts and names necessary to place the cause in its just form before
that tribunal. To a thorough disregard of the honors and emoluments of
office, I join as great a value for the esteem of my countrymen, and
conscious of having merited it by an integrity which cannot be reproached,
and by an enthusiastic devotion to their rights and liberty, I will not
suffer my retirement to be clouded by the slanders of a man whose history,
from the moment at which history can stoop to notice him, is a tissue
of machinations against the liberty of the country which has not only
received and given him bread, but heaped its honors on his head. Still,
however, I repeat the hope that it will not be necessary to make such an
appeal. Though little known to the people of America, I believe, that as
far as I am known, it is not as an enemy to the Republic, nor an intriguer
against it, nor a waster of its revenue, nor prostitutor of it to the
purposes of corruption, as the "American" represents me; and I confide
that yourself are satisfied that as to dissensions in the newspapers,
not a syllable of them has ever proceeded from me, and that no cabals or
intrigues of mine have produced those in the Legislature, and I hope I
may promise both to you and myself, that none will receive aliment from me
during the short space I have to remain in office, which will find ample
employment in closing the present business of the department.
Observing that letters written at Mount Vernon on the Monday, and arriving
at Richmond on the Wednesday, reach me on Saturday, I have now the honor
to mention that the 22d instant will be the last of our post days that I
shall be here, and consequently that no letter from you after the 17th,
will find me here. Soon after that I shall have the honor of receiving at
Mount Vernon your orders for Philadelphia, and of there also delivering
you the little matter which occurs to me as proper for the opening of
Congress, exclusive of what has been recommended in former speeches, and
not yet acted on. In the meantime and ever I am, with great and sincere
affection and respect, dear Sir your most obedient, and most humble
servant.
TO ARCHIBALD STUART, ESQ.
Monticello, September 9, 1792.
Dear Sir,--I wrote you a long letter from Philadelphia early in the
summer, which would not have been worth recurring to, but that I therein
asked the favor of you to sound Mr. Henry on the subject you had written
to me on, to wit, the amendment of our Constitution, and to find whether
he would not approve of the specific amendments therein mentioned, in
which case the business would be easy. If you have had any conversation
with him on the subject, I will thank you for the result. As I propose
to return from my present office at the close of the ensuing session of
Congress, and to fix myself once more at home, I begin to feel a more
immediate interest in having the Constitution of our country fixed, and
in such a form as will ensure a somewhat greater certainty to our laws,
liberty and property, the first and last of which are now pretty much
afloat, and the second not out of the reach of every enterprise. I set
out for Philadelphia about the 20th, and would therefore be happy to hear
from you before that. I am, with great and sincere esteem, dear Sir, your
constant friend and servant.
TO MR. CLAY.
Monticello, September 11, 1792.
Dear Sir,--Your favor of August 8th, came duly to hand, and I should
with pleasure have done what you therein desired, as I ever should what
would serve or oblige you; but from a very early moment of my life I
determined never to intermeddle with elections of the people, and have
invariably adhered to this determination. In my own county, where there
have been so many elections in which my inclinations were enlisted, I yet
never interfered. I could the less do it in the present instance, your
people so very distant from me, utterly unknown to me, and to whom I am
also unknown; and above all, I a stranger, to presume to recommend one
who is well known to them. The people could not but put this question
to me, "who are you, pray?" In writing the letter to you on the former
occasion, I went further than I had ever before done, but that was
addressed to yourself to whom I had a right to write, and not to persons
either unknown to me, or very capable of judging for themselves. I have
so much reliance on your friendship and candor as not to doubt you will
approve of my sentiments on this occasion, and be satisfied they flow from
considerations respecting myself only, and not you to whom I am happy in
every occasion of testifying my esteem. I hope to see you in Bedford about
May next, and am with great attachment, dear Sir, your friend and servant.
TO EDWARD RANDOLPH, ESQ.
Monticello, September 17, 1792.
My Dear Sir,--The last post brought me your favor of the 26th of August;
but it brought me at the same time so much business to be answered by
return of post, and which did not admit of delay, that I was obliged
to postpone the acknowledgment of yours. I thank you sincerely for what
respects myself. Though I see the pen of the Secretary of the Treasury
plainly in the attack on me, yet, since he has not chosen to put his name
to it, I am not free to notice it as his. I have preserved through life
a resolution, set in a very early part of it, never to write in a public
paper without subscribing my name, and to engage openly an adversary
who does not let himself be seen, is staking all against nothing. The
indecency too, of newspaper squabbling between two public ministers,
besides my own sense of it, has drawn something like an injunction from
another quarter. Every fact alleged under the signature of "an American"
as to myself, is false, and can be proved so; and perhaps will be one
day. But for the present, lying and scribbling must be free to those mean
enough to deal in them, and in the dark. I should have been setting out
to Philadelphia within a day or two; but the addition of a grandson and
indisposition of my daughter, will probably detain me here a week longer.
My best respects to Mrs. Randolph, and am, with great and sincere esteem,
dear Sir, your affectionate friend and servant.
TO THE PRESIDENT OF THE UNITED STATES.
Monticello, September 18, 1792--2 o'clock, P.M.
Dear Sir,--Your express is this moment arrived with the Proclamation
on the proceedings against the laws for raising a revenue on distilled
spirits, and I return it herein enclosed with my signature. I think
if, instead of the words "to render laws dictated by weighty reasons of
public exigency and policy as acceptable as possible," it stood "to render
the laws as acceptable as possible," it would be better. I see no other
particular expressions which need alteration. I am sincerely sorry to
learn that such proceedings have taken place; and I hope the Proclamation
will lead the persons concerned into a regular line of application which
may end either in an amendment of the law, if it needs it, or in their
conviction that it is right. Your most obedient, and most humble servant.
TO C. C. PINCKNEY, ESQ.
Philadelphia, October 8, 1792.
Sir,--I found on my return here three days ago, your favor of April
6th, and am happy to learn from it that the Agricultural Society has
adopted the plan of employing a person at Marseilles to raise and send
olive trees to them annually. Their success in South Carolina cannot be
doubted, and their value is great. Olive grounds in France rent higher
by the acre than those of any other growth in the kingdom, which proves
they yield the greatest nett produce. Marseilles is the proper place
for your nurseryman to be fixed, because it is the neighborhood of the
best olives; and Mr. Cathalan the properest person to whom we can commit
the whole superintendence, because he is our consul, is concerned in
our commerce, eager to extend it, is a good man, a wealthy one, and has
offered his services repeatedly in this business. He was brought up in
a counting-house in London, is connected there, and therefore I think
that the most convenient place on which to enable him to draw for the
expenditures. This may be either by an annual letter of credit to him on
some house there for any sum not exceeding fifty guineas, or a standing
letter of credit for that annual sum till your further orders. I would
advise that he should never be suffered to be in advance for the society,
that there may be no motive for his being cool in the business. If you
think proper to write to Mr. Cathalan merely to open the correspondence
with him, enclosing him a letter of credit, and referring him to me for
the mode of conducting the enterprise, I will enclose it to him with
proper instructions as to the mode. My reason for this caution is that
from my knowledge of circumstances, and from what has already passed
between him and me, I can fix him at once as to a moderate scale of
expense which I know to be sufficient, and which he might transcend under
the idea that this is a public enterprise, supported by powerful and
wealthy gentlemen. A copy of my letter shall be sent to you, so that you
may make any alterations in the plan which may be agreeable to your ideas
of the business, in the course of your future correspondence with Mr.
Cathalan; and I shall at all future times be ready to do anything further
in my power to promote the object. I am happy that while I was in the
olive country I enquired for and procured the best book on the subject
of the olive tree, which I now deliver to Mr. Smith for the use of the
society. I suspect that the excrescence on your olive trees, described in
your letter, is what they call the leprosy, which prevails among these
plants I believe in every country. I have the honor to be, with great
respect and esteem, Sir, your most obedient, and most humble servant.
TO MR. PINCKNEY.
Philadelphia, October 12, 1792.
Dear Sir,--Your favor of August the 7th came to hand on the 6th instant,
and gave me the first certain information of your safe arrival. Mr.
Otto being about to sail for London, furnishes me with an opportunity
of sending the newspapers for yourself and Mr. Barclay, and I avail
myself of it chiefly for this purpose, as my late return from Virginia
and the vacation of Congress furnishes little new and important for your
information. With respect to the Indian war, the summer has been chiefly
employed on our part in endeavoring to persuade them to peace, in an
abstinence from all offensive operations, in order to give those endeavors
a fairer chance, and in preparation for activity the ensuing season,
if they fail. I believe we may say these endeavors have all failed, or
probably will do so. The year has been rather a favorable one for our
agriculture. The crops of small grain were generally good. Early frosts
have a good deal shortened those of tobacco and Indian corn, yet not so
as to endanger distress. From the south my information is less certain,
but from that quarter you will be informed through other channels. I have
a pleasure in noting this circumstance to you, because the difference
between a plentiful and a scanty crop more than counterpoises the expenses
of any campaign. Five or six plentiful years successively, as we have had,
have most sensibly ameliorated the condition of our country, and uniform
laws of commerce, introduced by our new government, have enabled us to
draw the whole benefits of our agriculture.
I enclose you the copy of a letter from Messrs. Blow and Milhaddo,
merchants of Virginia, complaining of the taking away of their sailors on
the coast of Africa, by the commander of a British armed vessel. So many
instances of this kind have happened, that it is quite necessary that
their government should explain themselves on the subject, and be led to
disavow and punish such conduct. I leave to your discretion to endeavor
to obtain this satisfaction by such friendly discussions as may be most
likely to produce the desired effect, and secure to our commerce that
protection against British violence which it has never experienced from
any other nation. No law forbids the seamen of any country to engage in
time of peace on board a foreign vessel; no law authorizes such seamen
to break his contract, nor the armed vessels of his nation to interpose
force for his rescue. I shall be happy to hear soon that Mr. B. has gone
on the service on which he was ordered.
I have the honor to be, with great and sincere esteem, dear Sir, your most
obedient, and most humble servant.
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, October 14, 1792.
Gentlemen,--Since my letters of March the 18th and April the 24th (which
have been retarded so unfortunately), another subject of conference and
convention with Spain has occurred. You know that the frontiers of her
provinces, as well as of our States, are inhabited by Indians holding
justly the right of occupation, and leaving to Spain and to us only
the claim of excluding other nations from among them, and of becoming
ourselves the purchasers of such portions of land, from time to time, as
they may choose to sell. We have thought, that the dictates of _interest_
as well as _humanity_, enjoined mutual endeavors with those Indians to
live in peace with both nations, and we have scrupulously observed that
conduct. Our agent with the Indians bordering on the territories of Spain,
has a standing instruction to use his best endeavors to prevent them from
committing acts of hostility against the Spanish settlements. But whatever
may have been the conduct or orders of the _government_ of Spain, that of
their officers in our neighborhood has been indisputably unfriendly and
hostile to us. The papers enclosed will demonstrate this to you. That the
Baron de Carondelet, their chief Governor at New Orleans, has excited the
Indians to war on us, that he has furnished them with abundance of arms
and ammunition, and promised them whatever more shall be necessary, I
have from the mouth of him who had it from his own mouth. In short, that
he is the sole source of a great and serious war now burst out upon us,
and from Indians who, we know, were in peaceable dispositions towards us
till prevailed on by him to commence the war, there remains scarcely room
to doubt. It has become necessary that we understand the real policy of
Spain in this point. You will therefore be pleased to extract from the
enclosed papers such facts as you think proper to be communicated to that
court, and enter into friendly but serious expostulations on the conduct
of their officers; for we have equal evidence against the commandants of
other posts in West Florida, though they being subordinate to Carondelet,
we name him as the source. If they disavow his conduct, we must naturally
look to their treatment of him as the sole evidence of their sincerity.
But we must look further. It is a general rule, that no nation has a
right to keep an agent within the limits of another, without the consent
of that other, and we are satisfied it would be best for both Spain
and us, to abstain from having agents or other persons in our employ or
pay among the savages inhabiting our respective territories, whether as
subjects or independent. You are, therefore, desired to propose and press
a stipulation to that effect. Should they absolutely decline it, it may be
proper to let them perceive that as the right of keeping agents exists on
both sides or on neither, it will rest with us to reciprocate their own
measures. We confidently hope that these proceedings are unauthorized by
the government of Spain, and in this hope, we continue in the dispositions
formerly expressed to you, of living on terms of the best friendship and
harmony with that country, of making their interests in our neighborhood
our own, and of giving them every proof of this, except the abandonment
of those essential rights which you are instructed to insist on.
I have the honor to be, with great and sincere esteem, Gentlemen, your
most obedient, and most humble servant.
TO G. MORRIS, ESQ.
Philadelphia, October 15, 1792.
Sir,--I have duly received your favor of July 10, No. 4, but no other
number preceding or subsequent. I fear, therefore, that some miscarriage
has taken place. The present goes to Bordeaux, under cover to Mr.
Fenwick, who, I hope, will be able to give it a safe conveyance to
you. I observe that you say in your letter, that "the marine department
is to treat with you for supplies to St. Domingo." I presume you mean
"supplies of _money_," and not that our government is to furnish supplies
of _provisions_, specifically, or employ others to do it; this being a
business into which they could not enter. The payment of money here, to
be employed by their own agents in purchasing the produce of our soil,
is a desirable thing. We are informed by the public papers, that the
late constitution of France, formally notified to us, is suspended, and
a new convention called. During the time of this suspension, and while no
legitimate government exists, we apprehend we cannot continue the payments
of our debt to France, because there is no person authorized to receive
it and to give us an unobjectionable acquittal. You are, therefore,
desired to consider the payment as suspended, until further orders. Should
circumstances oblige you to mention this (which it is better to avoid if
you can), do it with such solid reasons as will occur to yourself, and
accompany it with the most friendly declarations that the suspension does
not proceed from any wish in us to delay the payment, the contrary being
our wish, nor from any desire to embarrass or oppose the settlement of
their government in that way in which their nation shall desire it; but
from our anxiety to pay this debt justly and honorably, and to the persons
really authorized by the nation (to whom we owe it) to receive it for
their use. Nor shall this suspension be continued one moment after we can
see our way clear out of the difficulty into which their situation has
thrown us. That they may speedily obtain liberty, peace, and tranquillity,
is our sincere prayer.
The present summer is employed by us in endeavors to persuade the Indians
to peace, and to prepare for the ensuing campaign, if our endeavors for
peace should fail. That they will fail, we have reason to expect, and
consequently that the expenses of our armament are to continue for some
time. Another plentiful year added to the several others which we have
successively had, is some consolation under these expenses. Very early
frosts, indeed, have somewhat shortened the productions of the autumn.
I have the honor to be, with great respect and esteem, dear Sir, your most
obedient, and most humble servant.
TO M. DE TERNANT.
Philadelphia, October 16, 1792.
Sir,--I am to acknowledge the receipt of your letter of the 9th instant,
proposing a stipulation for the abolition of the practice of privateering
in times of war. The benevolence of this proposition is worthy of the
nation from which it comes, and our sentiments on it have been declared
in the treaty to which you are pleased to refer, as well as in some
others which have been proposed. There are in those treaties some other
principles which would probably meet the approbation of your government,
as flowing from the same desire to lessen the occasions and the calamities
of war. On all of these, as well as on those amendments to our treaty of
commerce which might better its conditions with both nations, and which
the National Assembly of France has likewise brought into view on a former
occasion, we are ready to enter into negotiation with you, only proposing
to take the whole into consideration at once. And while contemplating
provisions which look to the event of war, we are happy in feeling a
conviction that it is yet at a great distance from us, and in believing
that the sentiments of sincere friendship which we bear to the nation of
France are reciprocated on their part. Of these our dispositions, be so
good as to assure them on this and all other occasions; and to accept
yourself those sentiments of esteem and respect with which I have the
honor to be, Sir, your most obedient, and most humble servant.
TO MESSRS. VIAR AND JAUDENES, _Commissioners of Spain_.
Philadelphia, November 1, 1792.
Gentlemen,--I have now to acknowledge the receipt of your favor of October
the 29th, which I have duly laid before the President of the United
States; and in answer thereto, I cannot but observe that some parts of
its contents were truly unexpected. On what foundation it can be supposed
that we have menaced the Creek nation with destruction during the present
autumn, or at any other time, is entirely inconceivable. Our endeavors,
on the contrary, to keep them at peace, have been earnest, persevering
and notorious, and no expense has been spared which might attain that
object. With the same views to peace, we have suspended, now more than a
twelvemonth, the marking a boundary between them and us, which had been
fairly, freely and solemnly established with the chiefs whom they had
deputed to treat with us on that subject; we have suspended it, I say, in
the constant hope that taking time to consider it in the councils of their
nation, and recognizing the justice and reciprocity of its conditions,
they would at length freely concur in carrying it into execution. We agree
with you, that the interests which either of us have in the proceedings of
the other with this nation of Indians, is a proper subject of discussion
at the negotiations to be opened at Madrid, and shall accordingly give
the same in charge to our commissioners there. In the meantime, we shall
continue sincerely to cultivate the peace and prosperity of all the
parties, being constant in the opinion, that this conduct, reciprocally
observed, will most increase the happiness of all.
I have the honor to be, with sentiments of great esteem and respect,
Gentlemen, your most obedient, and most humble servant.
TO THE PRESIDENT.
Philadelphia, November 2, 1792.
Sir,--The letter of October the 29th, from Messrs. Viar and Jaudenes,
not expressing the principle on which their government interests itself
between the United States and the Creeks, I thought it of importance to
have it ascertained. I therefore called on those gentlemen, and entered
into explanations with them. They assured me, in our conversation, that
supposing all question of boundary to be out of the case, they did not
imagine their government would think themselves authorized to take under
their protection, any nations of Indians living within limits confessed to
be ours; and they presumed that any interference of theirs, with respect
to the Creeks, could only arise out of the question of disputed territory,
now existing between us; that, on this account, some part of our treaty
with the Creeks had given dissatisfaction. They said, however, that they
were speaking from their own sentiments only, having no instructions
which would authorize them to declare those of their court; but that
they expected an answer to their letters covering mine of July the 9th,
(erroneously cited by them as of the 11th,) from which they would probably
know the sentiments of their court. They accorded entirely in the opinion,
that it would be better that the two nations should mutually endeavor
to preserve each the peace of the other, as well as their own, with the
neighboring tribes of Indians.
I shall avail myself of the opportunity by a vessel which is to sail
in a few days, of sending proper information and instructions to our
commissioners on the subject of the late, as well as of the future,
interferences of the Spanish officers to our prejudice with the Indians,
and for the establishment of common rules of conduct for the two nations.
I have the honor to be, with the most perfect respect and attachment, Sir,
your most obedient, and most humble servant.
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, November 3, 1792.
Gentlemen,--I wrote you on the 14th of last month; since which some other
incidents and documents have occurred, bearing relation to the subject of
that letter. I therefore now enclose you a duplicate of that letter.
Copy of a letter from the Governor of Georgia, with the deposition it
covered of a Mr. Hull, and an original passport, signed by Olivier,
wherein he styles himself commissary for his Catholic Majesty with the
Creeks.
Copy of a letter from Messrs. Viar and Jaudenes to myself, dated October
the 29th, with that of the extract of a letter of September the 24th, from
the Baron de Carondelet to them.
Copy of my answer of No. 1, to them, and copy of a letter from myself to
the President, stating a conversation with those gentlemen.
From those papers you will find that we have been constantly endeavoring,
by every possible means, to keep peace with the Creeks; that in order
to do this, we have even suspended and still suspend the running a fair
boundary between them and us, as agreed on by themselves, and having for
its object the precise definition of their and our lands, so as to prevent
encroachment on either side, and that we have constantly endeavored to
keep them at peace with the Spanish settlements also; that Spain on the
contrary, or at least the officers of her governments, since the arrival
of the Baron de Carondelet, have undertaken to keep an agent among the
Creeks, have excited them and the other southern Indians to commence a war
against us, have furnished them with arms and ammunition for the express
purpose of carrying on that war, and prevented the Creeks from running the
boundary which would have removed the cause of difference from between us.
Messrs. Viar and Jaudenes explain the ground of interference on the fact
of the Spanish claim to that territory, and on an article in our treaty
with the Creeks, putting themselves under our protection. But besides that
you already know the nullity of their pretended claim to the territory,
they had themselves set the example of endeavoring to strengthen that
claim by the treaty mentioned in the letter of the Baron de Carondelet,
and by the employment of an agent among them. The establishment of our
boundary, committed to you, will, of course, remove the grounds of all
future pretence to interfere with the Indians _within our territory_, and
it was to such only that the treaty of New York stipulated protection; for
we take for granted, that Spain will be ready to agree to the principle,
that neither party has a right to stipulate protection or interference
with the Indian nations inhabiting the territory of the other. But it is
extremely material also, with sincerity and good faith, to patronize the
peace of each other with the neighboring savages. We are quite disposed to
believe that the late wicked excitements to war, have proceeded from the
Baron de Carondelet himself, without any authority from his court. But if
so, have we not reason to expect the removal of such an officer from our
neighborhood, as an evidence of the disavowal of his proceedings? He has
produced against us a serious war. He says in his letter, indeed, that he
has suspended it. But this he has not done, nor possibly can he do it. The
Indians are more easily engaged in a war than withdrawn from it. They have
made the attack in force on our frontiers, whether with or without his
consent, and will oblige us to a severe punishment of their aggression.
We trust that you will be able to settle principles of a friendly concert
between us and Spain, with respect to the neighboring Indians; and if
not, that you will endeavor to apprize us of what we may expect, that
we may no longer be tied up by principles, which, in that case, would be
inconsistent with duty and self-preservation.
I have the honor to be, with sentiments of perfect esteem and respect,
Gentlemen, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, November 3, 1792.
Sir,--In order to enable you to lay before Congress the account required
by law of the application of the moneys appropriated to foreign purposes
through the agency of the Department of State, I have now the honor
to transmit to you the two statements, Nos. 1 and 2, herein enclosed,
comprehending the period of two years preceding the 1st day of July last.
The first statement is of the sums paid from the Treasury under the
act allowing the annual fund of $40,000 for the purpose of foreign
intercourse, as also under the acts of March 3, 1791, c. 16, and May
1792, c. 41, 5, 3, allowing other sums for special purposes. By this
it will appear, that, except the sum of $500 paid to Colonel Humphreys
on his departure, the rest has all been received in bills of exchange,
which identical bills have been immediately remitted to Europe, either to
those to whom they were due for services, or to the bankers of the United
States in Amsterdam, to be paid out by them to persons performing services
abroad. This general view has been given in order to transfer the debt of
these sums from the Department of State to those to whom they have been
delivered.
But in order to give to Congress a view of the specific application
of these moneys, the particular accounts rendered by those who have
received them, have been analyzed, and the payments made to them have
been reduced under general heads, so as to show at one view the amount of
the sums which each has received for every distinct species of service or
disbursement, as well as their several totals. This is the statement No.
2, and it respects the annual fund of $40,000 only, the special funds of
the acts of 1791 and 1792, having been not yet so far administered as to
admit of any statement.
I had presented to the Auditor the statement No. 1, with the vouchers,
and also the special accounts rendered by the several persons who have
received these moneys, but, on consideration, he thought himself not
authorized, by any law, to proceed to their examination. I am, therefore,
to hope, Sir, that authority may be given to the Auditor, or some other
person, to examine the general account and vouchers of the Department of
State, as well as to raise special accounts against the persons into whose
hands the moneys pass, and to settle the same from time to time on behalf
of the public.
I have the honor to be, with sentiments of the most perfect respect and
attachment, Sir, your most obedient, and most humble servant.
THE DEPARTMENT OF STATE IN ACCOUNT WITH THE U. S.
Dr.
-------------+----------------------------------------------+---------
1790 Aug. 14 | To a warrant from the Treasury |
| under the Act for foreign |
| intercourse (1790, July 1) | $ 500
Dec. 20 | To the Treasurer's Exchange on |
| Will. V. Staph. |
| & Hub. under do. x $ |
| 2475.0 = 1000. | |
| To do. 577-10 = 233.33| |
1791 Mar. 19 | To do. 99,000 =| 40,000
May 7 | To do. under Act of |
| March 3, 1791, c. 16 32,175 =| 13,000
1792 Jan. 27 | To do. under Act |
| for foreign |
| intercourse 95,947-10 = 38,766,67| |
| ---------------------| | 40,000
| 99,000 = 40,000 | |
June 30 | To do. under the Act of 1792, |
| May 8, c. 41, 5, 3 123,750| 50,000
| |---------
| | $143,500
======================================================================
Cr.
-------------+----------------------------------------------+---------
1790 Aug. 14 | By paid Col. Humphreys on his mission to |
| Madrid, (as by his receipt) |$ 500
Dec. 17 | By remittance to Mr. G. Morris, |
| (as by his letter, |
| Feb. 26, 91), |
| the bill per contra x |
| for 2475 = $1,000|
| By do. to J. B. Cutting, |
| (as by papers given |
| in to Congress,) the |
| bill per contra for 577-10 = $233-1/3|
1791 Mar. 19 | By do. to Will V. Staphorsts |
| & Hub., (as by |
| their account, June 10, 91), |
| the bill per contra for 99,000 =| 40,000
May 13 | By do. to do. subject to |
| Humphreys & Barclay, |
| (as by their receipt,) |
| the bill per contra for 32,175 =| 13,000
1792 Jan. 23 | By do. to do., (as by their |
| account, April 10, 92), |
| the bill per contra for 95,947 = 38,766-2/3|
| -------------------|
| 99,000 = 40,000 | 40,000
July 3 | By do. to do. subject to J. Pinckney for |
| purposes of Act May 8, 92, |
| the bill per contra for 123,750| 50,000
| |---------
| | $143,500
_Analyses of the Expenses of the United States for their intercourse
with Foreign Nations from July 1, 1790, to July 1, '91,
and from July 1, '91, to July 1, '92, taken from the accounts
of Messrs. Short, Humphreys, Morris, Pinckney, Willincks,
Van Staphorsts, Hubbard, given to the auditor._
------------------+-------+-------+----------+--------+---------+---------
| | | | | |
| | | | | |
1790, July 1 |Outfit.|Salary.|Secretary.|Postage.| (a) | Total.
--1791, July 1. | | | | | |Dollars.
| | | | | |
| | | | | |
Ordinary, +-------+-------+----------+--------+---------+---------
Mr. Short | |4500. | 281.74 | 72.4 | 248.96 | 5,103.10
Col. Humphreys | 4500. |1602.73| | | | 6,102.73
Mr. Carmichael | | | | | | 3,927.94
Mr. Dumas | | | | | | 1,505.44
+-------+-------+----------+--------+---------+---------
|16,639.21
Extraordinary, |
Mission to London 2000. |
" " Amsterdam on the subject of loans 986.18 |
" " Madrid 1195.89 |
Mr. Cutting special services to American seamen 233.33 | 4,415.40
------------+---------
Total |21,054.61
(a) Contingencies, viz., Gazettes, &c. to dept. of state, printing, poor
seamen, &c.
------------------+-------+-------+----------+--------+---------+---------
1791, July 1. |Outfit.|Salary.| |Postage.|Contin- | Total.
--1792, July 1. | | | | |gencies |Dollars.
Ordinary, +-------+-------+----------+--------+---------+---------
Mr. Short | 4500. | 4500. | | 68.82 | | 9,068.82
Col. Humphreys | | 4500. | | 171. | | 4,671.
Mr. Carmichael | | | | | | 4,512.20
Mr. Dumas | | | | | | 1,528.32
Mr. Morris | 9000. | 1500. | | | |10,500.
Mr. Pinckney | 9000. | 1800. | | | |10,800.
+-------+-------+----------+--------+---------+---------
|41,080.34
Extraordinary, |
Mission to Amsterdam on subject of loans 444.43 |
" " Madrid 320. |
Dyes for medals as presents to foreign ministers |
taking leave, and medals 1586.32 | 2,350.75
----------+---------
Total |43,431.09
Thomas Jefferson having had the honor at different times heretofore of
giving to the President _conjectural_ estimate of expenses of our foreign
establishment, has that of now laying before him, in page 1 of the
enclosed paper, a statement of the whole amount of the foreign fund from
the commencement to the expiration of the act, which will be on the 3d
March next, with the _actual_ expenses to the 1st of July last, and the
_conjectural_ ones from thence through the remaining eight months, and
the balance which will probably remain.
Page 2, shows the probable annual expense of our present establishment,
and its excess above the funds allowed, and in another column the
_reduced_ establishment necessary and most proper to bring it within the
limits of the funds supposing it should be continued.
November 5, 1792.
_Estimate of the funds of $40,000 for foreign intercourse and its
application._
1790, July 1, to 1791, July 1, a year's appropriation $40,000
1791, July 1, to 1792, July 1, a year's appropriation 40,000
1792, July 1, to 1793, March 3d, being 8 1-10 months 27,000
------- $107,000
1790, July 1, to 1791, July 1, actual expenses incurred 21,054,00
1791, July 1, to 1792, July 2, actual expenses incurred 43,431,09
1792, July 1, to 1793, March 3d, the probable }
expenses may be about } 26,300,00
Surplus unexpended will be about 16,214,91
------- $107,000
November 5, 1792.
_Estimate of the ordinary expense of the different diplomatic grades
annually._
A Minister Plenipotentiary.
Outfit 1-7 of $9,000. 1,285.71
Salary 9,000.
Secretary 1,350.
Extras 350.
Return 1-7 of $2,250 321.42
---------
$12,307.13
A Resident.
Outfit 1-7 of $4,500. 642.85
Salary 4,500.
Extras 350.
Returns 1-7 of $1,125 160.71
--------
$5,653.56
Agent.
Salary 1,300
Extras 350
--------
$1,650
Medals to foreign ministers, suppose 5 to be kept here and changed once
in 7 years, will be about $654.06 annually.
To Support the present establishment, would require
For Paris, Minister Plenipot'y $12,307.13
London 12,307.13
Madrid, Resident 5,653.56
Lisbon 5,653.56
Hague 5,653.56
Medals to foreign ministers 654.06
----------
$42,229.54
A reduction of the establishment to bring it within the limits of $40,000
For Paris, Minister Plenipot'y $12,307.13
London 12,307.13
Madrid, a Resident 5,653.56
Lisbon 5,653.56
Hague, an Agent 1,650.
Medals to ministers 654.06
Surplus 1,774.02
----------
$40,000.00
November 5, 1792.
Gentlemen of the Senate,--According to the directions of the law, I now
lay before you a statement of the administration of the funds appropriated
to certain foreign purposes, together with a letter from the Secretary of
State, explaining the same.
November 5, 1792.
TO THE MAYOR, MUNICIPAL OFFICERS AND PROCUREUR OF THE COMMUNITY OF
MARSEILLES.
Philadelphia, November 6, 1792.
Gentlemen,--Your letter of the 24th of August, is just now received by
the President of the United States, and I have it in charge from him to
communicate to you the particular satisfaction he feels at the expressions
of fraternity towards our nation therein contained, to assure you that
he desires sincerely the most speedy relief to France from her general
difficulties, and will be happy to be instrumental in removing the special
ones of the city of Marseilles in particular, by encouraging supplies of
wheat and flour to be sent thither. Our harvest having been plentiful, our
merchants would of course feel sufficient inducements, in the assurances
you give of a ready sale and good price, were it not for the apprehensions
of the Barbary cruisers. Certain arrangements for a Convoy, and the time,
place, and manner of getting under its protection, would remove these
apprehensions; but it may be doubtful whether these can be notified to
them in time to prepare their adventures. They shall certainly, however,
be informed of the wants of your city, and the inducements to go to
it, and on this, and all other occasions, I beg leave to recommend our
commerce to the patronage of your municipality, and to tender to you the
homage of those sentiments of respect and attachment, with which I have
the honor to be, Gentlemen, your most obedient, and most humble servant.
TO COLONEL HUMPHREYS.
Philadelphia, November 6, 1792.
Dear Sir,--We have never known so long an interval during which there has
not been a single vessel going to Lisbon. Hence it is that I am so late in
acknowledging the receipt of your letters from No. 54 to 58 inclusive, and
that I am obliged to do it by the way of London, and consequently cannot
send you the newspapers as usual.
The summer has been chiefly past in endeavoring to bring the north-western
Indians to peace, and in preparing for a vigorous operation against them
the ensuing summer, if peace should not be made. As yet no symptoms of
it appear on their part. In the meantime there is danger of a war being
kindled up on our south-western frontiers by the Indians in that quarter,
excited, as we have reason to believe, by some Spanish officers. We trust
that it has not been with the authority of their government.
To counterbalance these evils, we have had the blessing of another
plentiful harvest of the principal grains. Tobacco and Indian corn have
suffered from the early frosts. We have very earnest demands for supplies
of grain from Marseilles; but the Algerine cruisers are an impediment.
Would it be practicable for you, without awaiting a general treaty, to
obtain permission for our _flour_ to be carried to Portugal? nothing
is more demonstrable than that this restriction is highly injurious to
Portugal as well as to us.
Congress assembled yesterday, the President will meet them to-day, and
I will enclose you a copy of his speech whereby you will see the chief
objects which will be under their consideration during the present
session. Your newspapers shall be sent by the very first vessel bound to
Lisbon directly. I am, with sentiments of great and sincere esteem, dear
Sir, your most obedient, and most humble servant.
P. S. November 7. After writing this letter, your No. 59 came to hand.
It seems then that, so far from giving new liberties to our corn trade,
Portugal contemplates the prohibition of it, by giving that trade
exclusively to Naples. What would she say should we give her wine-trade
exclusive to France and Spain. It is well known that far the greatest
portion of the wine we consume, is from Portugal and its dependancies,
and it must be foreseen that from the natural increase of population in
these States, the demand will become equal to the uttermost abilities
of Portugal to supply, even when her last foot of land shall be put into
culture. Can a wise statesman seriously think of risking such a prospect
as this? To me it seems incredible; and if the fact be so, I have no doubt
you will interpose your opposition with the minister, developing to him
all the consequences which such a measure would have on the happiness of
the two nations. He should reflect that nothing but habit has produced
in this country a preference of their wines over the superior wines
of France, and that if once that habit is interrupted by an absolute
prohibition it will never be recovered.
TO GOUVERNEUR MORRIS.
Philadelphia, November 7, 1792.
Dear Sir,--My last to you was of the 15th of October; since which I have
received your Nos. 1, 2, 3, 5, 6, 7. Though mine went by a conveyance
directly to Bordeaux, and may therefore probably get safe to you, yet I
think it proper, lest it should miscarry, to repeat to you the following
paragraph from it.
* * * * *
I am perfectly sensible that your situation must, ere this reaches you,
have been delicate and difficult; and though the occasion is probably
over, and your part taken of necessity, so that instructions now would be
too late, yet I think it just to express our sentiments on the subject,
as a sanction of what you have probably done. Whenever the scene became
personally dangerous to you, it was proper you should leave it, as well
from personal as public motives. But what degree of danger should be
awaited, to what distance or place you should retire, are circumstances
which must rest with your own discretion, it being impossible to prescribe
them from hence. With what kind of government you may do business, is
another question. It accords with our principles to acknowledge any
government to be rightful, which is formed by the will of the nation
substantially declared. The late government was of this kind, and was
accordingly acknowledged by all the branches of ours. So, any alteration
of it which shall be made by the will of the nation substantially
declared, will doubtless be acknowledged in like manner. With such a
government _every kind_ of business may be done. But there are _some
matters_ which, I conceive, might be transacted with a government _de
facto_; such, for instance, as the reforming the unfriendly restrictions
on our commerce and navigation. Such cases you will readily distinguish
as they occur. With respect to this particular reformation of their
regulations, we cannot be too pressing for its attainment, as every day's
continuance gives it additional firmness, and endangers its taking root in
their habits and constitution; and, indeed, I think they should be told,
as soon as they are in a condition to act, that if they do not revoke
the late innovations, we must lay additional and equivalent burthens on
_French ships_, by name. Your conduct in the case of M. de Bonne Carrere,
is approved entirely. We think it of great consequence to the friendship
of the two nations, to have a minister here in whose dispositions we have
confidence. Congress assembled the day before yesterday. I enclose you a
paper containing the President's speech, whereby you will see the chief
objects of the present session. Your difficulties as to the settlements
of our accounts with France and as to the payment of the foreign officers,
will have been removed by the letter of the Secretary of the Treasury, of
which, for fear it should have miscarried, I now enclose you a duplicate.
Should a conveyance for the present letter offer to any port of France
directly, your newspapers will accompany it. Otherwise, I shall send it
through Mr. Pinckney, and retain the newspapers as usual, for a direct
conveyance.
I am, with great and sincere esteem, dear Sir, your most obedient, and
most humble servant.
TO COLONEL HUMPHREYS.
Philadelphia, November 8, 1792.
Dear Sir,--You were not unapprised of the reluctance with which I came
into my present office, and I came into it with a determination to quit
it as soon as decency would permit. Nor was it long before I fixed on the
termination of our first federal cycle of four years as the proper moment.
That moment is now approaching, and is to me as land was to Columbus in
his first American voyage. The object of this private letter is to desire
that your future public letters may be addressed to the Secretary of State
by title and not by name, until you know who he will be, as otherwise your
letters arriving here after the 3d of March, would incur the expense,
delay, and risk of travelling six hundred miles by post after their
arrival here. I may perhaps take the liberty of sometimes troubling you
with a line from my retirement, and shall be ever happy to hear from you,
and to give you every proof of the sincere esteem and respect, with which
I have the honor to be, dear Sir, your affectionate friend and servant.
P. S. We yesterday received information of the conclusion of peace with
the Wabash and Illinois Indians. This forms a broad separation between
the northern and southern war-tribes.
TO T. M. RANDOLPH, JR.
Philadelphia, November 16, 1792.
Dear Sir,--Congress have not yet entered into any important business.
An attempt has been made to give further extent to the influence of the
Executive over the Legislature, by permitting the heads of departments
to attend the House and explain their measures _vivâ voce_. But it was
negatived by a majority of 35 to 11, which gives us some hope of the
increase of the republican vote. However, no trying question enables us
yet to judge, nor indeed is there reason to expect from this Congress many
instances of conversion, though some will probably have been effected by
the expression of the public sentiment in the late election. For, as far
as we have heard, the event has been generally in favor of republican,
and against the aristocratical candidates. In this State the election has
been triumphantly carried by the republicans; their antagonists having
got but 2 out of 11 members, and the vote of this State can generally
turn the balance. Freneau's paper is getting into Massachusetts, under
the patronage of Hancock; and Samuel Adams, and Mr. Ames, the colossus
of the monocrats and paper men, will either be left out or hard run. The
people of that State are republican; but hitherto they have heard nothing
but the hymns and lauds chanted by Fenno. My love to my dear Martha, and
am, dear Sir, yours affectionately.
TO M. DE TERNANT.
Philadelphia, November 20, 1792.
Sir,--Your letter on the subject of further supplies to the colony of St.
Domingo, has been duly received and considered. When the distresses of
that colony first broke forth, we thought we could not better evidence
our friendship to that and to the mother country also, than to step in to
its relief, on your application, without waiting a formal authorization
from the National Assembly. As the case was unforeseen, so it was
unprovided for on their part, and we did what we doubted not they would
have desired us to do, had there been time to make the application, and
what we presumed they would sanction as soon as known to them. We have
now been going on more than a twelve-month, in making advances for the
relief of the colony, without having, as yet, received any such sanction;
for the decree of four millions of livres in aid of the colony, besides
the circuitous and informal manner by which we became acquainted with it,
describes and applies to operations very different from those which have
actually taken place. The wants of the colony appear likely to continue,
and their reliance on our supplies to become habitual. We feel every
disposition to continue our efforts for administering to those wants;
but that cautious attention to forms which would have been unfriendly in
the first moment, becomes a duty to ourselves, when the business assumes
the appearance of long continuance, and respectful also to the National
Assembly itself, who have a right to prescribe the line of an interference
so materially interesting to the mother country and the colony.
By the estimate you were pleased to deliver me, we perceive that there
will be wanting, to carry the colony through the month of December,
between thirty and forty thousand dollars, in addition to the sums
before engaged to you. I am authorized to inform you, that the sum of
forty thousand dollars shall be paid to your orders at the treasury of
the United States, and to assure you, that we feel no abatement in our
dispositions to contribute these aids from time to time, as they shall
be wanting, for the necessary subsistence of the colony; but the want of
express approbation from the national Legislature, must ere long produce
a presumption that they contemplate perhaps other modes of relieving the
colony, and dictate to us the propriety of doing only what they shall
have regularly and previously sanctioned. Their decree before mentioned,
contemplates purchases made _in the United States only_. In this they
might probably have in view, as well to keep the business of providing
supplies under a single direction, as that these supplies should be bought
where they can be had cheapest, and where the same sum will consequently
effect the greatest measure of relief to the colony. It is our wish
as undoubtedly it must be yours, that the moneys we furnish be applied
strictly in the line they prescribe. We understand, however, that there
are in the hands of our citizens, some bills drawn by the administration
of the colony, for articles of subsistence _delivered there_. It seems
just, that such of them should be paid as were received before _bona fide_
notice that that mode of supply was not bottomed on the funds furnished
to you by the United States, and we recommend them to you accordingly.
I have the honor to be, with sentiments of the most perfect esteem and
respect. Sir, your most obedient, and most humble servant.
TO MR. PINCKNEY.
Philadelphia, December 3, 1792.
Dear Sir,--
* * * * *
I do not write you a public letter by the packet because there is really
no subject for it. The elections for Congress have produced a decided
majority in favor of the republican interest. They complain, you know,
that the influence and patronage of the Executive is to become so great as
to govern the Legislature. They endeavored a few days ago to take away one
means of influence by condemning references to the heads of department.
They failed by a majority of five votes. They were more successful in
their endeavor to prevent the introduction of a new means of influence,
that of admitting the heads of department to deliberate occasionally in
the House in explanation of their measures. The proposition for their
admission was rejected by a pretty general vote. I think we may consider
the tide of this government as now at the fullest, and that it will, from
the commencement of the next session of Congress, retire and subside into
the true principles of the Constitution. An alarm has been endeavored to
be sounded as if the republican interest was indisposed to the payment
of the public debt. Besides the general object of the calumny, it was
meant to answer the special one of electioneering. Its falsehood was
so notorious that it produced little effect. They endeavored with as
little success to conjure up the ghost of anti-federalism, and to have
it believed that this and republicanism were the same, and that both were
Jacobinism. But those who felt themselves republicans and federalists too,
were little moved by this artifice; so that the result of the election
has been promising. The occasion of electing a Vice-President has been
seized as a proper one for expressing the public sense on the doctrines
of the monocrats. There will be a strong vote against Mr. Adams, but the
strength of his personal worth and his services will, I think, prevail
over the demerit of his political creed.
I am, with great and sincere esteem, my dear Sir, your most obedient, and
most humble servant.
TO DR. GILMER.
Philadelphia, December 15, 1792.
Dear Doctor,--I received only two days ago your favor of October 9, by Mr.
Everett. He is now under the small-pox. I am rejoiced with the account
he gives me of the invigoration of your system, and am anxious for your
persevering in any course of regimen which may long preserve you to us. We
have just received the glorious news of the Prussian army being obliged
to retreat, and hope it will be followed by some proper catastrophe on
them. This news has given wry faces to our monocrats here, but sincere
joy to the great body of the citizens. It arrived only in the afternoon
of yesterday, and the bells were rung and some illuminations took place in
the evening. A proposition has been made to Congress to begin sinking the
public debt by a tax on pleasure horses; that is to say, on all horses not
employed for the draught or farm. It is said there is not a horse of that
description eastward of New York. And as to call this a _direct tax_ would
oblige them to proportion it among the States according to the census,
they choose to class it among the _indirect taxes_. We have a glimmering
hope of peace from the northern Indians, but from those of the south there
is danger of war. Wheat is at a dollar and a fifth here. Do not sell yours
till the market begins to fall. You may lose a penny or two in the bushel
then, but might lose a shilling or two now. Present me affectionately to
Mrs. Gilmer. Yours, sincerely.
TO MR. MERCER.
Philadelphia, December 19, 1792.
Dear Sir,--I received yesterday your favor of the 13th. I had been
waiting two or three days in expectation of vessels said to be in the
river, and by which we hope more particular accounts of the late affairs
in France. It has turned out that there were no such vessels arriving as
had been pretended. However I think we may safely rely that the Duke of
Brunswick has retreated, and it is certainly possible enough that between
famine, disease, and a country abounding with defiles, he may suffer some
considerable catastrophe. The monocrats here still affect to disbelieve
all this, while the republicans are rejoicing and taking to themselves the
name of Jacobins, which two months ago was fixed on them by way of stigma.
The votes for Vice-President, as far as hitherto known, stands thus:
Adams. Clinton.
New Hampshire 6
Massachusetts 16
Rhode Island 4
Connecticut 7
New York 12
Pennsylvania 14 1
Delaware 3
Maryland 8
Virginia 21
Bankrupt bill is brought on with some very threatening features to landed
and farming men, who are in danger of being drawn into its vortex. It
assumes the right of seizing and selling lands, and so cuts the knotty
question of the Constitution whether the General Government may direct
the transmission of land by descent or otherwise. The post-office is not
within my department, but that of the treasury. I note duly what you say
of Mr. Skinner, but I don't believe any bill on weights and measures will
be passed. Adieu. Yours, affectionately.
TO MR. RUTHERFORD.
Philadelphia, December 25, 1792.
Sir,--I have considered, with all the attention which the shortness of
the time would permit, the two motions which you were pleased to put into
my hands yesterday afternoon, on the subject of weights and measures, now
under reference to a committee of the Senate, and will take the liberty
of making a few observations thereon.
The first, I presume, is intended as a basis for the adoption of that
alternative of the report on measures and weights, which proposed
retaining the present system, and fixing its several parts by a reference
to a rod vibrating seconds, under the circumstances therein explained;
and to fulfil its object, I think the resolutions there proposed should be
followed by this: "that the standard by which the said measures of length,
surface, and capacity shall be fixed, shall be an uniform cylindrical rod
of iron, of such length as in latitude forty-five degrees, in the level of
the ocean, and in a cellar or other place of uniform natural temperature,
shall perform its vibrations in small and equal arcs, in one second of
mean time; and that rain water be the substance, to some definite mass of
which, the said weights shall be referred." Without this, the committee
employed to prepare a bill on those resolutions, would be uninstructed
as to the principles by which the Senate mean to fix their measures of
length, and the substance by which they will fix their weights.
The second motion is a middle proposition between the first and the
last alternatives in the report. It agrees with the first in some of
the present measures and weights, and with the last, in compounding
and dividing them decimally. If this should be thought best, I take the
liberty of proposing the following alterations of these resolutions:
2d. For "metal" substitute "iron." The object is to have one determinate
standard. But the different metals having different degrees of
expansibility, there would be as many different standards as there
are metals, were that generic term to be used. A specific one seems
preferable, and "iron" the best, because the least variable by expansion.
3d. I should think it better to omit the chain of 66 feet, because it
introduces a series which is not decimal, viz., 1. 66. 80. and because
it is absolutely useless. As a measure of length, it is unknown to the
mass of our citizens; and if retained for the purpose of superficial
measure, the foot will supply its place, and fix the acre as in the fourth
resolution.
4th. For the same reason, I propose to omit the words "or shall be ten
chains in length and one in breadth."
5th. This resolution would stand better, if it omitted the words "shall
be one foot square, and one foot and twenty cents of a foot deep,
and," because the second description is perfect, and too plain to need
explanation. Or if the first expression be preferred, the second may be
omitted, as perfectly tautologous.
6th. I propose to leave out the words "shall be equal to the pound
avoirdupois now in use, and," for the reasons suggested in the second
resolution, to wit, that our object is, to have one determinate standard.
The pound avoirdupois now in use is an indefinite thing. The committee
of parliament reported variations among the standard weights of the
exchequer. Different persons weighing the cubic foot of water, have
made it, some more, and some less than one thousand ounces avoirdupois;
according as their weights had been tested by the lighter or heavier
standard weights of the exchequer. If the pound now in use be declared a
standard, as well as the weight of sixteen thousand cubic cents of a foot
in water, it may hereafter perhaps be insisted that these two definitions
are different, and that, being of equal authority, either may be used,
and so the standard pound be rendered as uncertain as at present.
7th. For the same reason, I propose to omit the words "equal to seven
grains troy." The true ratio between the avoirdupois and troy weights,
is a very contested one. The equation of seven thousand grains troy to
the pound avoirdupois, is only one of several opinions, and is indebted
perhaps to its integral form for its prevalence. The introduction either
of the troy or avoirdupois weight into the definition of our unit, will
throw that unit under the uncertainties now enveloping the troy and
avoirdupois weights.
When the House of Representatives were pleased to refer to me the subject
of weights and measures, I was uninformed as to the hypothesis on which I
was to take it up; to wit, whether on that, that our citizens would not
approve of any material change in the present system, or on the other,
that they were ripe for a complete reformation. I therefore proposed
plans for each alternative. In contemplating these, I had occasion to
examine well all the middle ground between the two, and among others
which presented themselves to my mind, was the plan of establishing one
of the known weights and measures as the unit in each class; to wit, in
the measures of lines, of surfaces, and of solids, and in weights, and
to compound and divide them decimally. In the measures of weights, I had
thought of the ounce as the best unit, because, calling it the thousandth
part of a cubic foot of water, it fell into the decimal series, formed a
happy link of connection with the system of measures on the one side, and
of coins on the other, by admitting an equality with the dollar, without
changing the value of that or its alloy materially. But on the whole, I
abandoned this middle proposition, on the supposition that if our fellow
citizens were ripe for advancing so great a length towards reformation,
as to retain only four known points of the very numerous series to which
they were habituated, to wit, the foot, the acre, the bushel, and the
ounce, abandoning all the multiples and subdivisions of them, or recurring
for their value to the tables which would be formed, they would probably
be ripe for taking the whole step, giving up these four points also, and
making the reformation complete; and the rather, as in the present series
and the one to be proposed, there would be so many points of very near
approximation, as aided in the same manner by tables, would not increase
their difficulties perhaps, indeed, would lessen them by the greater
simplicity of the links by which the several members of the system are
connected together. Perhaps, however, I was wrong in this supposition. The
representatives of the people in Congress are alone competent to judge
of the general disposition of the people, and to what precise point of
reformation they are ready to go. On this, therefore, I do not presume to
give an opinion, nor to pronounce between the comparative expediency of
the three propositions; but shall be ready to give whatever aid I can to
any of them which shall be adopted by the Legislature.
I have the honor to be, with perfect respect, your most obedient, and most
humble servant.
TO MR. PINCKNEY.
Philadelphia, December 30, 1792.
Dear Sir,--My last letters to you have been of the 13th and 20th of
November, since which I have received yours of September 19. We are
anxious to hear that the person substituted in the place of the one
deceased is gone on that business. You do not mention your prospect of
finding for the mint the officers we were desirous of procuring. On this
subject, I will add to what was before mentioned to you, that if you can
get artists _really eminent_, and on the _salaries fixed by the law_, we
shall be glad of them; but that experience of the persons we have found
here, would induce us to be contented with them rather than to take those
who are _not eminent_, or who would expect _more than the legal salaries_.
A greater difficulty has been experienced in procuring copper for the
mint than we expected. Mr. Rittenhouse, the Director, having been advised
that it might be had on advantageous terms from Sweden, has written me a
letter on that subject, a copy of which I enclose you, with the bill of
exchange it covered. I should not have troubled you with them, had our
resident in Holland been in place. But on account of his absence, I am
obliged to ask the favor of you to take such measures as your situation
will admit, for procuring such a quantity of copper, to be brought us from
Sweden, as this bill will enable you. It is presumed that the commercial
relations of London with every part of Europe will furnish ready means
of executing this commission. We as yet get no answer from Mr. Hammond
on the general subject of the execution of the treaty. He says he is
waiting for instructions. It would be well to urge, in your conversations
with the minister, the necessity of giving Mr. Hammond such instructions
and latitude as will enable him to proceed of himself. If on every move
we are to await new instructions from the other side the Atlantic, it
will be a long business indeed. You express a wish in your letter to be
generally advised as to the tenor of your conduct, in consequence of the
late revolution in France, the questions relative to which, you observe,
incidentally present themselves to you. It is impossible to foresee
the particular circumstances which may require you to decide and act on
that question. But, principles being understood, their application will
be less embarrassing. We certainly cannot deny to other nations that
principle whereon our government is founded, that every nation has a right
to govern itself internally under what forms it pleases, and to change
these forms at its own will; and externally to transact business with
other nations through whatever organ it chooses, whether that be a King,
Convention, Assembly, Committee, President, or whatever it be. The only
thing essential is, the will of the nation. Taking this as your polar
star, you can hardly err. I shall send you by the first vessel which sails
(the packet excepted on account of postage) two dozen plans of the city of
Washington in the Federal Government, which you are desired to display,
not for sale, but for public inspection, wherever they may be most seen
by those descriptions of people worthy and likely to be attracted to it,
dividing the plans among the cities of London and Edinburgh chiefly, but
sending some also to Glasgow, Bristol, Dublin, &c. Mr. Taylor tells me he
sends you the public papers by every vessel going from hence to London.
They will keep you informed of the proceedings of Congress, and other
occurrences worthy your knowledge. I have the honor to be, with great and
sincere esteem, dear Sir, your most obedient, and most humble servant.
P. S. Though I have mentioned Sweden as the _most likely_ place to get
copper from, on the best terms, yet if you can be satisfied it may be
got on better terms elsewhere, it is left to your discretion to get it
elsewhere.
TO MR. SHORT.
Philadelphia, January 3, 1793.
Dear Sir,--My last private letter to you was of October 16, since which
I have received your Nos. 103, 107, 108, 109, 110, 112, 113 and 114 and
yesterday your private one of September 15, came to hand. The tone of
your letters had for some time given me pain, on account of the extreme
warmth with which they censured the proceedings of the Jacobins of France.
I considered that sect as the same with the Republican patriots, and the
Feuillants as the Monarchical patriots, well known in the early part
of the Revolution, and but little distant in their views, both having
in object the establishment of a free constitution, differing only on
the question whether their chief Executive should be hereditary or not.
The Jacobins (as since called) yielded to the Feuillants, and tried
the experiment of retaining their hereditary Executive. The experiment
failed completely, and would have brought on the re-establishment of
despotism had it been pursued. The Jacobins knew this, and that the
expunging that office was of absolute necessity. And the nation was
with them in opinion, for however they might have been formerly for
the constitution framed by the first assembly, they were come over from
their hope in it, and were now generally Jacobins. In the struggle which
was necessary, many guilty persons fell without the forms of trial,
and with them some innocent. These I deplore as much as any body, and
shall deplore some of them to the day of my death. But I deplore them
as I should have done had they fallen in battle. It was necessary to
use the arm of the people, a machine not quite so blind as balls and
bombs, but blind to a certain degree. A few of their cordial friends
met at their hands the fate of enemies. But time and truth will rescue
and embalm their memories, while their posterity will be enjoying that
very liberty for which they would never have hesitated to offer up their
lives. The liberty of the whole earth was depending on the issue of the
contest, and was ever such a prize won with so little innocent blood? My
own affections have been deeply wounded by some of the martyrs to this
cause, but rather than it should have failed I would have seen half the
earth desolated; were there but an Adam and an Eve left in every country,
and left free, it would be better than as it now is. I have expressed
to you my sentiments, because they are really those of ninety-nine in
an hundred of our citizens. The universal feasts, and rejoicings which
have lately been had on account of the successes of the French, showed
the genuine effusions of their hearts. You have been wounded by the
sufferings of your friends, and have by this circumstance been hurried
into a temper of mind which would be extremely disrelished if known to
your countrymen. The rescue of 224.68.1460.916.83. had never permitted me
to discover the light in which he viewed it, and as I was more anxious
that you should satisfy him than me, I had still avoided explanations
with you on the subject. But your 113. induced him to break silence, and
to notice the extreme acrimony of your expressions. He added that he had
been informed the sentiments you expressed _in your conversations_ were
equally offensive to our allies, and that you should consider yourself
as the representative of your country, and that what you say might be
imputed to your constituents. He desired me therefore to write to you
on this subject. He added that he considered 729.633.224.939.1243.
1210.741.1683.1460.216.1407.890.1416.1212.674.125.633.1450. 1559.182.
there are in the United States some characters of opposite principles;
some of them are high in office, others possessing great wealth, and all
of them hostile to France, and fondly looking to England as the staff of
their hope. These I named to you on a former occasion. Their prospects
have certainly not brightened. Excepting them, this country is entirely
republican, friends to the Constitution, anxious to preserve it, and
to have it administered according to its own republican principles. The
little party above mentioned have espoused it only as a stepping-stone
to monarchy, and have endeavored to approximate it to that in its
administration in order to render its final transition more easy. The
successes of republicanism in France have given the coup de grace to
their prospects, and I hope to their projects. I have developed to you
faithfully the sentiments of your country, that you may govern yourself
accordingly. I know your republicanism to be pure, and that it is no
decay of that which has embittered you against its votaries in France,
but too great a sensibility at the partial evil which its object has
been accomplished there. I have written to you in the style to which
I have been always accustomed with you, and which perhaps it is time
I should lay aside. But while old men are sensible enough of their own
advance in years, they do not sufficiently recollect it in those whom
they have seen young. In writing, too, the last private letter which
will probably be written under present circumstances, in contemplating
that your correspondence will shortly be turned over to I know not whom,
but certainly to some one not in the habit of considering your interests
with the same fostering anxieties I do, I have presented things without
reserve, satisfied you will ascribe what I have said to its true motive,
use it for your own best interest, and in that fulfil completely what I
had in view. With respect to the subject of your letter of Sept. 15, you
will be sensible that many considerations would prevent my undertaking
the reformation of a system with which I am so soon to take leave. It
is but common decency to leave to my successor the moulding of his own
business. Not knowing how otherwise to convey this letter to you with
certainty, I shall appeal to the friendship and honor of the Spanish
commissioners here, to give it the protection of their cover, as a letter
of private nature altogether. We have no remarkable event here lately but
the death of Dr. Lee, nor have I anything new to communicate to you of
your friends or affairs. I am, with unalterable affection and wishes for
your prosperity, my dear Sir, your sincere friend and servant.
TO MR. RANDOLPH.
Philadelphia, January 7, 1793.
Dear Sir,--Our news from France continues to be good, and to promise
a continuance; the event of the revolution there is now little doubted
of, even by its enemies, the sensations it has produced here, and the
indications of them in the public papers, have shown that the form our
own government was to take depended much more on the events of France
than anybody had before imagined. The tide which after our former relaxed
government, took a violent course towards the opposite extreme, and seemed
ready to hang everything round with the tassels and baubles of monarchy,
is now getting track as we hope to a just mean, a government of laws
addressed to the reason of the people and not to their weaknesses. The
daily papers show it more than those you receive. An attempt in the House
of Representatives to stop the recruiting service has been rejected.
Indeed, the conferences for peace, agreed to by the Indians, do not
promise much, as we have reason to believe they will insist on taking back
lands purchased at former treaties. Maria is well; we hope all are so at
Monticello. My best love to my dear Martha, and am, most affectionately,
dear Sir, yours, &c.
TO MR. GALLATIN.
Philadelphia, January 25, 1793.
Sir,--Mr. Segaux called on me this morning to ask a statement of the
experiment which was made in Virginia by a Mr. Mazzie, for the raising
vines and making wines, and desired I would address it to you. Mr.
Mazzie was an Italian, and brought over with him about a dozen laborers
of his own country, bound to serve him four or five years. We made up a
subscription for him of £2,000 sterling, and he began his experiment on a
piece of land adjoining to mine. His intention was, before the time of his
people should expire, to import more from Italy. He planted a considerable
vineyard, and attended to it with great diligence for three years. The war
then came on, the time of his people soon expired, some of them enlisted,
others chose to settle on other lands and labor for themselves; some were
taken away by the gentlemen of the country for gardeners, so that there
did not remain a single one with him, and the interruption of navigation
prevented his importing others. In this state of things he was himself
employed by the State of Virginia to go to Europe as their agent to do
some particular business. He rented his place to General Riedesel, whose
horses in one week destroyed the whole labor of three or four years; and
thus ended an experiment which, from every appearance, would in a year
or two more have established the practicability of that branch of culture
in America. This is the sum of the experiment as exactly as I am able to
state it from memory, after such an interval of time, and I consign it to
you in whose hands I know it will be applied with candor, if it contains
anything applicable to the case for which it has been asked.
I have the honor to be, with great esteem and respect, Sir, your most
obedient, and most humble servant.
TO MRS. RANDOLPH.
Philadelphia, January 26, 1793.
My Dear Martha,--
* * * * *
I have for some time past been under an agitation of mind which I
scarcely ever experienced before, produced by a check on my purpose of
returning home at the close of this session of Congress. My operations
at Monticello had been all made to bear upon that point of time, my mind
was fixed on it with a fondness which was extreme, the purpose firmly
declared to the President, when I became assailed from all quarters with a
variety of objections. Among these it was urged that my return just when
I had been attacked in the public papers, would injure me in the eyes
of the public, who would suppose I either withdrew from investigation,
or because I had not tone of mind sufficient to meet slander. The only
reward I ever wished on my retirement was to carry with me nothing like a
disapprobation of the public. These representations have, for some weeks
past, shaken a determination which I had thought the whole world could
not have shaken. I have not yet finally made up my mind on the subject,
nor changed my declaration to the President. But having perfect reliance
in the disinterested friendship of some of those who have counseled
and urged it strongly; believing that they can see and judge better a
question between the public and myself than I can, I feel a possibility
that I may be detained here into the summer. A few days will decide. In
the meantime I have permitted my house to be rented after the middle of
March, have sold such of my furniture as would not suit Monticello, and
am packing up the rest and storing it ready to be shipped off to Richmond
as soon as the season of good sea weather comes on. A circumstance which
weighs on me next to the weightiest is the trouble which, I foresee,
I shall be constrained to ask Mr. Randolph to undertake. Having taken
from other pursuits a number of hands to execute several purposes which
I had in view this year, I cannot abandon those purposes and lose their
labor altogether. I must, therefore, select the most important and least
troublesome of them, the execution of my canal, and (without embarrassing
him with any details which Clarkson and George are equal to) get him
to tell them always what is to be done and how, and to attend to the
levelling the bottom; but on this I shall write him particularly if I
defer my departure. I have not received the letter which Mr. Carr wrote to
me from Richmond, nor any other from him since I left Monticello. My best
affections to him, Mr. Randolph and your fireside, and am, with sincere
love, my dear Martha, yours.
TO DR. STEWART, OR TO ALL THE GENTLEMEN.
January 31, 1793.
I have had under consideration Mr. Hallet's plans for the capitol, which
undoubtedly have a great deal of merit. Doctor Thornton has also given
me a view of his. These last came forward under some very advantageous
circumstances. The grandeur, simplicity and beauty of the exterior, the
propriety with which the apartments are distributed, and economy in the
mass of the whole structure, will, I doubt not, give it a preference in
your eyes, as it has done in mine and those of several others whom I have
consulted. I have, therefore, thought it better to give the Doctor time
to finish his plan, and for this purpose to delay until your next meeting
a final decision. Some difficulty arises with respect to Mr. Hallet, who
you know was in some degree led into his plan by ideas we all expressed to
him. This ought not to induce us to prefer it to a better; but while he
is liberally rewarded for the time and labor he has expended on it, his
feelings should be saved and soothed as much as possible. I leave it to
yourselves how best to prepare him for the possibility that the Doctor's
plan may be preferred to his. Some ground for this will be furnished you
by the occasion you will have for recourse to him as to the interior of
the apartments, and the taking of him into service at a fixed allowance;
and I understand that his necessities render it material that he should
know what his allowance is to be.
TO MR. CARROLL.
Philadelphia, February 1, 1793.
Dear Sir,--Doctor Thornton's plan of a capitol has been produced, and has
so captivated the eyes and judgment of all as to leave no doubt you will
prefer it when it shall be exhibited to you; as no doubt exists here of
its preference over all which have been produced, and among its admirers
no one is more decided than him whose decision is most important. It is
simple, noble, beautiful, excellently distributed, and moderate in size.
The purpose of this letter is to apprize you of this sentiment. A just
respect for the right of approbation in the commissioners will prevent
any formal decision in the President till the plan shall be laid before
you and be approved by you. The Doctor will go with it to your meeting in
the beginning of March. In the meantime, the interval of _apparent_ doubt
may be improved for settling the mind of poor Hallet, whose merit and
distresses interest every one for his tranquillity and pecuniary relief.
I have taken the liberty of making these private estimates, thinking you
would wish to know the true state of the sentiments here on this subject,
and am with sincere respect and esteem for your colleagues and yourself,
dear Sir, your most obedient humble servant.
_Circular to the ministers of France, the United Netherlands, Great
Britain, &c._
Philadelphia, February 13, 1793.
Sir,--The House of Representatives having referred to me, to report to
them the nature and extent of the privileges and restrictions on the
commerce of the United States with foreign nations, I have accordingly
prepared a report on that subject. Being particularly anxious that it
may be exact in matters of fact, I take the liberty of putting into
your hands, _privately and informally_, an extract of such as relate to
our commerce with your nation, in hopes that if you can either enlarge
or correct them, you will do me that favor. It is safer to suppress an
error in its first conception, than to trust to any after-correction; and
a confidence in your sincere desire to communicate or to re-establish
any truths which may contribute to a perfect understanding between our
two nations, has induced me to make the present request. I wish it had
been in my power to have done this sooner, and thereby have obtained the
benefit of your having more time to contemplate it; but circumstances
have retarded the entire completion of the report till the Congress is
approaching its end, which will oblige me to give it in within three or
four days.
I am, with great and sincere esteem, Sir, your most obedient, and most
humble servant.
P. S. The report having been prepared before the late diminution of the
duties on our tobacco, that circumstance will be noted in the letter which
will cover that report.
_France_ receives favorably our bread stuff, rice, wood, pot and pearl
ashes.
A duty of five sous the quintal, or nearly four and a half cents, is
paid on our tar, pitch and turpentine. Our whale oils pay six livres the
quintal, and are the only whale oils admitted. Our indigo pays five livres
the quintal, their own two and a half; but a difference of quality, still
more than a difference of duty, prevents its seeking that market.
Salted beef is received freely for re-exportation; but if for home
consumption, it pays five livres the quintal. Other salted provisions
pay that duty in all cases, and salted fish is made lately to pay the
prohibitory one, of twenty livres the quintal.
Our ships are free to carry thither all foreign goods, which may be
carried in their own or any other vessels, except tobaccos not of our own
growth; and they participate with theirs, the exclusive carriage of our
whale oils.
During their former government, our tobacco was under a monopoly, but paid
no duties; and our ships were freely sold in their ports and converted
into national bottoms. The first National Assembly took from our ships
this privilege. They emancipated tobacco from its monopoly, but subjected
it to duties of eighteen livres fifteen sous the quintal, carried in their
own vessels, and twenty five livres, carried in ours; a difference more
than equal to the freight of the article.
They and their colonies consume what they receive from us.
France, by a standing law, permits her West India possessions to receive
directly our vegetables, live provisions, horses, wood, tar, pitch,
and turpentine, rice and maize, and prohibits our other bread stuff;
but a suspension of this prohibition having been left to the colonial
legislature, in times of scarcity, it was formerly suspended occasionally,
but latterly without interruption.
Our fish and salted provisions (except pork) are received in their
islands, under a duty of three colonial livres the quintal, and our
vessels are as free as their own to carry our commodities thither, and to
bring away rum and molasses.
The _United Netherlands_ prohibit our pickled beef and pork, meals, and
bread of all sorts, and lay a prohibitory duty on spirits distilled from
grain.
All other of our productions are received on varied duties, which may be
reckoned, on a medium, at about three per cent.
They consume but a small proportion of what they receive. The residue
is partly forwarded for consumption in the inland parts of Europe, and
partly re-shipped to other maritime countries. On the latter portion, they
intercept between us and the consumer, so much of the real value as is
absorbed by the charges attending an intermediate deposit.
Foreign goods, except some East India articles, are received in the
vessels of any nation.
Our ships may be sold and naturalized there, with exceptions of one or
two privileges, which scarcely lessen their value.
In the American possessions of the United Netherlands, and Sweden, our
vessels and produce are received, subject to duties, not so heavy as to
have been complained of.
_Great Britain_ receives our pot and pearl ashes free, while those of
other nations pay a duty of two shillings and three pence the quintal.
There is an equal distinction in favor of our bar iron, of which article,
however, we do not produce enough for our own use. Woods are free from us,
whilst they pay some small duty from other countries. Indigo and flaxseed
are free from all countries. Our tar and pitch pay eleven pence sterling
the barrel. From other alien countries they pay about a penny and a third
more.
Our tobacco, for their own consumption, pays one shilling three pence
sterling the pound, custom and excise, besides heavy expenses of
collection; and rice, in the same case, pays seven shillings four pence
sterling the hundred weight, which rendering it too dear as an article of
common food, it is consequently used in very small quantity.
Our salted fish, and other salted provisions, except bacon, are
prohibited. Bacon and whale oils are under prohibitory duties: so are our
grains, meals and bread, as to internal consumption, unless in times of
such scarcity as may raise the price of wheat to fifty shillings sterling
the quarter, and other grains and meals in proportion.
Our ships, though purchased and navigated by their own subjects, are not
permitted to be used, even in their trade with us.
While the vessels of other nations are secured by standing laws, which
cannot be altered but by the concurrent will of the three branches of
the British Legislature, in carrying thither any produce or manufacture
of the country to which they belong, which may be lawfully carried
in any vessels, ours, with the same prohibition of what is foreign,
are further prohibited by a standing law (12. Car. 2. c. 18, s. 3,)
from carrying thither all and any of our domestic productions and
manufactures. A subsequent act, indeed, has authorized their executive
to permit the carriage of our own productions in our own bottoms, at
its sole discretion; and the permission has been given from year to
year, by proclamation; but subject every moment to be withdrawn on that
single will, in which event, our vessels having anything on board, stand
interdicted from the entry of all British ports. The disadvantage of
a tenure which may be so suddenly discontinued, was experienced by our
merchants on a late occasion, when an official notification that this law
would be strictly enforced, gave them just apprehensions for the fate of
their vessels and cargoes despatched or destined to the ports of Great
Britain. It was privately believed, indeed, that the order of that court
went further than their intention, and so we were, afterwards, officially
informed; but the embarrassments of the moment were real and great, and
the possibility of their renewal lays our commerce to that country under
the same species of discouragement, as to other countries where it is
regulated by a single legislator; and the distinction is too remarkable
not to be noticed, that our navigation is excluded from the security of
fixed laws, while that security is given to the navigation of others.
Our vessels pay in their ports one shilling nine pence sterling per ton,
light and tritrity dues, more than is paid by British ships, except in
the port of London, where they pay the same as British.
The greater part of what they receive from us, is re-exported to other
countries, under the useless charges of an intermediate deposit and double
voyage.
From tables published in England, and composed, as is said, from the books
of their Custom Houses, it appears, that of the indigo imported there in
the years 1773-4-5, one third was re-exported; and from a document of
authority, we learn that of the rice and tobacco imported there before
the war, four-fifths were re-exported. We are assured, indeed, that the
quantities sent thither for re-exportation since the war, are considerably
diminished; yet less so than reason and national interest would dictate.
The whole of our grain is re-exported, when wheat is below fifty shillings
the quarter, and other grains in proportion.
Great Britain admits in her islands our vegetables, live provisions,
horses, wood, tar, pitch and turpentine, rice and bread stuff, by a
proclamation of her executive, limited always to the term of a year, but
hitherto renewed from year to year. She prohibits our salted fish and
other salted provisions. She does not permit our vessels to carry thither
our own produce. Her vessels alone may take it from us, and bring in
exchange, rum, molasses, sugar, coffee, cocoa nuts, ginger and pimento.
There are, indeed, some freedoms in the island of Dominica, but under
such circumstances as to be little used by us. In the British continental
colonies, and in Newfoundland, all our productions are prohibited, and
our vessels forbidden to enter their ports. Their Governors, however, in
times of distress, have power to permit a temporary importation of certain
articles in their own bottoms, but not in ours.
Our citizens cannot reside as merchants or factors within any of the
British plantations, this being expressly prohibited by the same statute
of 12 Car. 2, c. 18, commonly called their navigation act.
Of our commercial objects, _Spain_ receives favorably our bread stuff,
salted fish, wood, ships, tar, pitch, and turpentine. On our meals,
however, when re-exported to their colonies, they have lately imposed
duties of from half a dollar to two dollars the barrel, the duties being
so proportioned to the current price of their own flour, as that both
together are to make the constant sum of nine dollars per barrel.
They do not discourage our rice, pot and pearl ash, salted provisions, or
whale oil; but these articles being in small demand at their markets, are
carried thither but in a small degree. Their demand for rice, however, is
increasing. Neither tobacco nor indigo are received there.
Themselves and their colonies are the actual consumers of what they
receive from us.
Our navigation is free with the kingdom of Spain, foreign goods being
received there in our ships on the same conditions as if carried in
their own, or in the vessels of the country of which such goods are the
manufacture or produce.
_Spain_ and _Portugal_ refuse to those parts of America which they govern,
all direct intercourse with any people but themselves. The commodities
in mutual demand between them and their neighbors, must be carried to be
exchanged in some part of the dominant country, and the transportation
between that and the subject State, must be in a domestic bottom.
TO MR. HAMMOND.
Philadelphia, February 16, 1793.
Sir,--I have duly received your letter of yesterday, with the statement
of the duties payable on articles imported into Great Britain. The object
of the report, from which I had communicated some extracts to you, not
requiring a minute detail of the several duties on every article, in
every country, I had presented both articles and duties in groups, and in
general terms, conveying information sufficiently accurate for the object.
And I have the satisfaction to find, on re-examining the expression in
the report, that they correspond with your statement as nearly as generals
can with particulars. The differences which any nation makes between our
commodities and those of other countries, whether favorable or unfavorable
to us, were proper to be noted. But they were subordinate to the more
important questions, what countries _consume_ most of our produce, exact
the lightest duties, and leave to us the most favorable balance?
You seem to think that in the mention made of your _official_
communication of April the 11th, 1792, that the clause in the navigation
act (prohibiting our own produce to be carried in our own vessels into
the British European dominions) would be strictly enforced in future, and
the _private belief_ expressed at the same time, that the intention of
that court did not go so far, that the latter terms are not sufficiently
accurate. About the fact it is impossible we should differ, because it
is a written one. The only difference then, must be a merely verbal one.
For thus stands the fact: In your letter of April the 11th, you say, you
have received, by a circular despatch from your court, directions to
inform this government that it had been determined in future strictly
to enforce this clause of the navigation act. This I considered as an
_official_ notification. In your answer of April the 12th to my request
of explanation, you say, "In answer to your letter of this day, I have the
honor of observing, that I have no other instructions upon the subject of
my communication, than such as are contained in the circular despatch, of
which I stated the purport in my letter dated yesterday. I have, however,
no difficulty in assuring you, that the result of my _personal conviction_
is, that the determination of his Majesty's government to enforce
the clause of the act, &c., is not intended to militate against the
proclamation," &c. This _personal conviction_ is expressed in the report
as a _private belief_, in contradistinction to the _official_ declaration.
In your letter of yesterday, you choose to call it "a formal assurance of
your conviction." As I am not scrupulous about words when they are once
explained, I feel no difficulty in substituting in your report your own
words, "_personal conviction_," for those of "_private belief_," which
I had thought equivalent. I cannot indeed insert that it was a _formal_
assurance, lest some readers might confound this with an _official_ one,
without reflecting that you could not mean to give _official_ assurance
that the clause would be enforced, and _official_ assurance, at the same
time, of your personal conviction that it would not be enforced.
I had the honor to acknowledge verbally the receipt of your letter of the
3d of August, when you did me that of making the inquiry verbally about
six weeks ago; and I beg leave to assure you, that I am, with due respect,
Sir, your most obedient, and most humble servant.
TO M. DE TERNANT.
Philadelphia, February 17, 1793.
Sir,--I have duly received your letter of yesterday, and am sensible of
your favor in furnishing me with your observations on the statement of
the commerce between our two nations, of which I shall avail myself for
the good of both. The omission of our participation with your vessels, in
the exclusive transportation of our tobacco, was merely that of the copy,
as it was expressed in the original draught where the same circumstance
respecting our whale oil was noted; and I am happy that your notice of it
has enabled me to reinstate it before the report goes out of my hand.
I must candidly acknowledge to you, that I do not foresee the same effect
in favor of our navigation, from the late reduction of duties on our
tobaccos in France, which you seem to expect. The difference in favor of
French vessels is still so great, as, in my opinion, to make it their
interest to quit all other branches of the carrying business, to take
up this; and as your stock of shipping is not adequate to the carriage
of all your exports, the branches which you abandon will be taken up
by other nations; so that this difference thrusts us out of the tobacco
carriage, to let other nations in to the carriage of other branches of
your commerce. I must therefore avail myself of this occasion to express
my hope, that your nation will again revise this subject, and place it
on more equal grounds. I am happy in concurring with you more perfectly
in another sentiment, that as the principles of our governments become
more congenial, the links of affection are multiplied between us. It is
impossible they should multiply beyond our wishes. Of the sincere interest
we take in the happiness and prosperity of your nation, you have had the
most unequivocal proofs.
I pray you to accept assurances of sincere attachment to you personally,
and of the sentiments of respect and esteem with which I am, Sir, your
most obedient, and most humble servant.
TO M. DE TERNANT.
Philadelphia, February 20, 1793.
Sir,--I have laid before the President of the United States your
notification of the 17th instant, in the name of the Provisory Executive
Council charged with the administration of your government, that the
French nation has constituted itself into a Republic. The President
receives with great satisfaction this attention of the Executive Council,
and the desire they have manifested of making known to us the resolution
entered into by the National Convention, even before a definitive
regulation of their new establishment could take place. Be assured, Sir,
that the government and the citizens of the United States, view with the
most sincere pleasure every advance of your nation towards its happiness,
an object essentially connected with its liberty, and they consider the
union of principles and pursuits between our two countries, as a link
which binds still closer their interests and affections. We earnestly wish
on our part that these our natural dispositions may be improved to mutual
good, by establishing our commercial intercourse on principles as friendly
to natural right and freedom, as are those of our governments.
I am, with sincere esteem and respect, Sir, your most obedient, and most
humble servant.
TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Philadelphia, February 20, 1793.
Sir,--The House of Representatives, about the close of the session before
the last, referred to me the report of a committee on a message from
the President of the United States, of the 14th of February, 1791, with
directions to report to Congress the nature and extent of the privileges
and restrictions of the commercial intercourse of the United States
with foreign nations, and measures for its improvement. The report was
accordingly prepared during the ensuing recess, ready to be delivered at
the next session, that is to say, at the last. It was thought possible
at that time, however, that some changes might take place in the existing
state of things, which might call for corresponding changes in measures.
I took the liberty of mentioning this in a letter to the Speaker of
the House of Representatives, to express an opinion that a suspension
of proceedings thereon, for a time, might be expedient, and to propose
retaining the report till the present session, unless the House should
be pleased to signify their pleasure to the contrary. The changes then
contemplated have not taken place, nor, after waiting as long as the term
of the session will admit, in order to learn something further on the
subject, can anything definite thereon be now said. If, therefore, the
House wishes to proceed on the subject, the report shall be delivered at
a moment's warning. Should they not choose to take it up till their next
session, it will be an advantage to be permitted to keep it by me till
then, as some further particulars may perhaps be procured relative to
certain parts of our commerce, of which precise information is difficult
to obtain. I make this suggestion, however, with the most perfect
deference to their will, the first intimation of which shall be obeyed on
my part, so as to occasion them no delay.
I have the honor to be, with sentiments of the most perfect esteem and
respect, Sir, your most obedient, and most humble servant.
TO THE MINISTER OF FRANCE.
Philadelphia, February 23, 1793.
Sir,--I have laid before the President of the United States your
notification of the 17th instant, in the name of the Provisory Executive
Council, charged with the administration of your Government, that the
French nation has constituted itself into a Republic. The President
receives, with great satisfaction, this attention of the Executive
Council and the desire they have manifested of making known to us
the resolution entered into by the National Convention, even before a
definitive regulation of their new establishment could take place. Be
assured, Sir, that the Government and the citizens of the United States
view with the most sincere pleasure every advance of your nation towards
its happiness, an object essentially connected with its liberty, and they
consider the union of principles and pursuits between our two countries
as a link which binds still closer their interests and affections.
[The genuine and general effusions of joy which you saw overspread our
country on their seeing the liberties of yours rise superior to foreign
invasion and domestic trouble, have proved to you that our sympathies
are great and sincere, and] we earnestly wish on our part that these, our
mutual dispositions, may be improved to mutual good, by establishing our
commercial intercourse on principles as friendly to natural right and
freedom as are those of our Government. I am, with sincere esteem and
respect, Sir, your most obedient, and most humble servant.
TO J. MADISON.
March, 1793.
The idea seems to gain credit that the naval powers combining against
France, will prohibit supplies, even of provisions, to that country.
Should this be formally notified, I should suppose Congress would be
called, because it is a justifiable cause of war, and as the Executive
cannot decide the question of war on the affirmative side, neither ought
it to do so on the negative side, by preventing the competent body from
deliberating on the question. But I should hope that war would not be
their choice. I think it will furnish us a happy opportunity of setting
another precious example to the world, by showing that nations may be
brought to do justice by appeals to their interests as well as by appeals
to arms. I should hope that Congress, instead of a denunciation of war,
would instantly exclude from our ports all the manufactures, produce,
vessels and subjects of the nations committing this aggression, during the
continuance of the aggression, and till full satisfaction made for it.
This would work well in many ways, safely in all, and introduce between
nations another umpire than arms. It would relieve us, too, from the risks
and the horrors of cutting throats. The death of the King of France has
not produced as open condemnations from the monocrats as I expected. I
dined the other day in a company where the subject was discussed. I will
name the company in the order in which they manifested their partialities;
beginning with the warmest Jacobinism, and proceeding by shades, to the
most heart felt aristocracy. Smith, (N. Y.,) Coxe, Stewart, T. Shippen,
Bingham, Peters, Breck, Meredith, Wolcott. It is certain that the ladies
of this city, of the first circle, are open-mouthed against the murderers
of a sovereign, and they generally speak those sentiments which the more
cautious husband smothers. Ternant has at length openly hoisted the flag
of monarchy by going into deep mourning for his prince. I suspect he
thinks a cessation of his visits to me a necessary accompaniment to this
pious duty. A connection between him and Hamilton seems to be springing
up. On observing that Duer was Secretary to the old Board of Treasury, I
suspect him to have been the person who suggested to Hamilton the letter
of mine to that board, which he so tortured in his Catullus. Dunlop has
refused to print the piece which we had heard of before your departure,
and it has been several days in Bache's hands, without any notice of it.
The President will leave this about the 27th instant, and return about
the 20th of April. Adieu.
TO MAJOR GENERAL GATES.
Philadelphia, March 12, 1793.
Dear General,--During the invasion of Virginia in 1780 and 178--,
nearly the whole of the public records of that State were destroyed
by the British. The least valuable part of these happens to be the
most interesting to me, I mean the letters I had occasion to write to
the characters with whom my office in the Executive brought me into
correspondence. I am endeavoring to recover copies of my letters from the
hands to whom they were addressed, and have been happy to find this more
practicable than I had apprehended. While you commanded in the south, I
had occasion to write to you sometimes on the subject of our proceedings.
If you happen to have preserved these letters, you will particularly
oblige me by trusting me with them till I can have them copied, when the
originals shall be returned. If you could repose the same confidence in me
as to the letters you addressed to me, it would increase the obligation.
The whole shall be sacredly returned. I have been the more disposed to
trouble you on this occasion as it furnishes me a pretext of recalling
myself to your recollection, and an opportunity of expressing to you
assurances of the sincere esteem and respect with which I have the honor
to be, dear General, your sincere friend and servant.
TO GOUVERNEUR MORRIS.
Philadelphia, March 12, 1793.
Dear Sir,--Your Nos. 8 to 13, inclusive, have been duly received. I
am sensible that your situation must have been difficult during the
transition from the late form of government to the re-establishment
of some other legitimate authority, and that you may have been at a
loss to determine with whom business might be done. Nevertheless, when
principles are well understood, their application is less embarrassing.
We surely cannot deny to any nation that right whereon our own government
is founded, that every one may govern itself according to whatever form
it pleases, and change these forms at its own will; and that it may
transact its business with foreign nations through whatever organ it
thinks proper, whether King, Convention, Assembly, Committee, President,
or anything else it may choose. The will of the nation is the only thing
essential to be regarded. On the dissolution of the late constitution in
France, by removing so integral a part of it as the King, the National
Assembly, to whom a part only of the public authority had been delegated,
appear to have considered themselves as incompetent to transact the
affairs of the nation legitimately. They invited their fellow-citizens,
therefore, to appoint a National Convention. In conformity with this
their idea of the defective state of the national authority, you were
desired from hence to suspend further payments of our debt to France
till new orders, with an assurance, however, to the acting power, that
the suspension should not be continued a moment longer than should be
necessary for us to see the re-establishment of some person or body of
persons authorized to receive payment and give us a good acquittal; (if
you should find it necessary to give any assurance or explanation at all.)
In the meantime, we went on paying up the four millions of livres which
had been destined by the last constituted authorities to the relief of
St. Domingo. Before this was completed, we received information that a
National Assembly had met, with full powers to transact the affairs of
the nation, and soon afterwards, the minister of France here presented an
application for three millions of livres, to be laid out in provisions to
be sent to France. Urged by the strongest attachment to that country, and
thinking it even providential that moneys lent to us in distress could
be re-paid under like circumstances, we had no hesitation to comply with
the application, and arrangements are accordingly taken, for furnishing
this sum at epochs accommodated to the demand and our means of paying
it. We suppose this will rather overpay the instalments and interest due
on the loans of eighteen, six, and ten millions, to the end of 1792; and
we shall certainly use our utmost endeavors to make punctual payments
of the instalments and interest hereafter becoming exigible, and to omit
no opportunity of convincing that nation how cordially we wish to serve
them. Mutual good offices, mutual affection, and similar principles
of government, seem to destine the two nations for the most intimate
communion; and I cannot too much press it on you, to improve every
opportunity which may occur in the changeable scenes which are passing,
and to seize them as they occur, for placing our commerce with that nation
and its dependencies, on the freest and most encouraging footing possibly.
Besides what we have furnished publicly for the relief of St. Domingo,
individual merchants of the United States have carried considerable
supplies thither, which have been sometimes purchased, sometimes taken by
force, and bills given by the administration of the colony on the minister
here, which have been protested for want of funds. We have no doubt that
justice will be done to these our citizens, and that without a delay which
would be ruinous to them. We wish authority to be given to the minister
of France here to pay the just demands of our citizens, out of the moneys
he may receive from us.
During the fluctuating state of the _assignats_ of France, I must ask
the favor of you to inform me, in every letter, of the rate of exchange
between them and coin, this being necessary for the regulation of our
Custom Houses.
Congress closed its session on the 2d instant. You will see their acts in
the newspapers forwarded to you, and the body of them shall be sent as
soon as the octavo edition is printed. We are to hold a treaty with the
western Indians in the ensuing month of May, but not under very hopeful
auspices.
You will perceive by the newspapers, a remarkable fall in the price of
our public paper. This is owing chiefly to the extraordinary demand for
the produce of our country, and a temporary scarcity of cash to purchase
it. The merchants holding public paper are obliged to part with it at any
price, to raise money.
I sent you, by the way of London, a dozen plans of the city of Washington
in the federal territory, hoping you would have them displayed to public
view where they would be most seen by those descriptions of men worthy
and likely to be attracted to it. Paris, Lyons, Rouen, and the sea port
towns of Havre, Nantes, Bordeaux and Marseilles, would be proper places
to send some of them. I trust to Mr. Taylor to forward you the newspapers
by every direct occasion to France. These are rare at all times, and
especially in the winter; and to send them through England would cost
too much in postage. To these circumstances, as well, probably, as to
some miscarriages, you must ascribe the length of intervals sometimes
experienced in the receipt of your papers.
I have the honor to be, with great esteem and respect, dear Sir, your most
obedient, and most humble servant.
TO GOUVERNEUR MORRIS.
Philadelphia, March 15, 1793.
Dear Sir,--The President has seen with satisfaction, that the ministers
of the United States in Europe, while they have avoided an useless
commitment of their nation on the subject of the Marquis de La Fayette,
have nevertheless shown themselves attentive to his situation. The
interest which the President himself, and our citizens in general, take
in the welfare of this gentleman, is great and sincere, and will entirely
justify all prudent efforts to serve him. I am therefore to desire, that
you will avail yourself of every opportunity of sounding the way towards
his liberation, of finding out whether those in whose power he is are
very tenacious of him, of insinuating through such channels as you shall
think suitable, the attentions of the government and people of the United
States to this object, and the interest they take in it, and of procuring
his liberation by informal solicitations, if possible. But if formal ones
be necessary, and the moment should arrive when you shall find that they
will be effectual, you are authorized to signify, through such channel as
you shall find suitable, that our government and nation, faithful in their
attachments to this gentleman for the services he has rendered them, feel
a lively interest in his welfare, and will view his liberation as a mark
of consideration and friendship for the United States, and as a new motive
for esteem and a reciprocation of kind offices towards the power to whom
they shall be indebted for this act.
A like letter being written to Mr. Pinckney, you will of course take care,
that however you may act through different channels, there be still a
sufficient degree of concert in your proceedings.
I am, with great and sincere esteem, dear Sir, your most obedient, and
most humble servant.
TO MR. PINCKNEY.
Philadelphia, March 16, 1793.
Dear Sir,--I wrote you on the 30th of December, and again a short letter
on the 1st of January, since which I have received yours of October the 2d
and 5th, November 6th and 9th, and December the 13th, 14th, 15th. I now
enclose you the Treasurer's second of exchange for twenty-four thousand
seven hundred and fifty guilders, to be employed in the purchase of copper
for the mint, from Sweden, or wherever else it can be got on the best
terms; the first of exchange having been enclosed in my letter of December
the 30th.
I am in hopes you will have been able to enter into proper arrangements
with the British minister for the protection of our seamen from
impressment, before the preparations for war shall have produced
inconvenience to them. While he regards so minutely the inconveniences to
themselves which may result from a due regulation of this practice, it is
just he should regard our inconveniences also, from the want of it. His
observations in your letter imply merely, that if they should abstain from
injuring us, it might be attended with inconvenience to themselves.
You ask, what should be your conduct, in case you should at any
time discover negotiations to be going on, which might eventually be
interesting to us? The nature of the particular case will point out what
measures, on your part, would be the most for our interest, and to your
discretion we must refer the taking such measures, without waiting for
instructions, where circumstances would not admit of such a delay. A
like necessity to act may arise on other occasions. In the changeable
scenes, for instance, which are passing in Europe, were a moment to offer
when you could obtain any advantage for our commerce, and especially in
the American colonies, you are desired to avail us of it to the best
advantage, and not to let the occasion slip by for want of previous
instruction.
You ask, what encouragements are given to emigrants by the several States?
No other than a permission to become citizens, and to participate of the
rights of citizens, except as to eligibility to certain offices in the
government. The rules, as to these, are not uniform in the States. I have
found it absolutely impracticable to obtain, even for my office, a regular
transmission of the laws of the several States: consequently, it would be
more so to furnish them to our ministers abroad. You will receive by this
or the first proper conveyance, those of Congress, passed at their last
session.
It is impossible for me to give any authority for the advance of moneys
to Mr. Wilson. Were we to do it in his case, we should, on the same
principles, be obliged to do it in several others wherein foreign nations
decline or delay doing justice to our citizens. No law of the United
States would cover such an act of the executive; and all we can do
legally, is, to give him all the aid which our patronage of his claims
with the British court, can effect.
With respect to the payment of your allowances, as the laws authorize the
payment of a given number of dollars to you, and as your duties place you
in London, I suppose we are to pay you _the dollars_ there, or other money
of equal value, estimated by the par of the metals. Such has, accordingly,
been the practice ever since the close of the war. Your powers to draw on
our bankers in Holland, will leave you the master of fixing your drafts
by this standard.
The transactions of Europe are now so interesting, that I should be
obliged to you, every week, to put the Leyden gazettes of the week under
cover to me; and put them into such ship's bags as shall be first coming
to any port north of North Carolina.
Mr. Barclay's death is just made known to us, and measures are taking in
consequence of it.
You will perceive by the newspapers, a remarkable fall in the price of
our public paper. This is owing chiefly to the extraordinary demand for
the produce of our country, and a temporary scarcity of cash to purchase
it. The merchants holding public paper are obliged to part with it at any
price, to raise money.
I am, with much respect, dear Sir, your most obedient, and most humble
servant.
TO ----[22]
Philadelphia, March 18, 1793.
Dear Sir,--I received your kind favor of the 26th ult., and thank you for
its contents as sincerely as if I could engage in what they propose. When
I first entered on the stage of public life (now twenty-four years ago),
I came to a resolution never to engage while in public office in any kind
of enterprise for the improvement of my fortune, nor to wear any other
character than that of a farmer. I have never departed from it in a single
instance; and I have in multiplied instances found myself happy in being
able to decide and to act as a public servant, clear of all interest,
in the multiform questions that have arisen, wherein I have seen others
embarrassed and biased by having got themselves into a more interested
situation. Thus I have thought myself richer in contentment than I should
have been with any increase of fortune. Certainly I should have been much
wealthier had I remained in that private condition which renders it lawful
and even laudable to use proper efforts to better it. However, my public
career is now closing, and I will go through on the principle on which
I have hitherto acted. But I feel myself under obligations to repeat my
thanks for this mark of your attention and friendship.
We have just received here the news of the decapitation of the King
of France. Should the present foment in Europe not produce republics
everywhere, it will at least soften the monarchical governments by
rendering monarchs amenable to punishment like other criminals, and doing
away that rages of insolence and oppression, the inviolability of the
King's person. We I hope shall adhere to our republican government, and
keep it to its original principles by narrowly watching it. I am, with
great and sincere affection, dear Sir, your friend and servant.
FOOTNOTE:
[22] [No address.]
TO COLONEL HUMPHREYS.
Philadelphia, March 21, 1793.
Sir,--The death of Admiral Paul Jones first, and afterwards of Mr.
Barclay, to whom the mission to Algiers, explained in the enclosed
papers, was successively confided, have led the President to desire you
to undertake the execution of it in person. These papers, being copies of
what had been delivered to them, will serve as your guide. But Mr. Barclay
having been also charged with a mission to Morocco, it will be necessary
to give you some trouble with respect to that also.
Mr. Nathaniel Cutting, the bearer hereof, is despatched specially, first
to receive from Mr. Pinckney in London any papers or information, which
his agency in the Algerine business may have enabled him to communicate
to you: he will then proceed to deliver the whole to you, and accompany
and aid you in the character of secretary.
It is thought necessary that you should, in the first instance, settle Mr.
Barclay's accounts respecting the Morocco mission, which will probably
render it necessary that you should go to Gibraltar. The communications
you have had with Mr. Barclay in this mission, will assist you in your
endeavors at a settlement. You know the sum received by Mr. Barclay on
that account, and we wish as exact a statement as can be made of the
manner in which it has been laid out, and what part of its proceeds is
now on hand. You will be pleased to make an inventory of these proceeds
now existing. If they or any part of them can be used for the Algerine
mission, we would have you by all means apply them to that use, debiting
the Algerine fund and crediting that of Morocco with the amount of such
application. If they cannot be so used, then dispose of the perishable
articles to the best advantage, and if you can sell those not perishable
for what they cost, do so, and what you cannot so sell, deposit in any
safe place under your own power. In this last stage of the business,
return us an exact account, 1. Of the specific articles remaining on hand
for that mission, and their value. 2. Of its cash on hand. 3. Of any money
which may be due to or from Mr. Barclay or any other person on account of
this mission; and take measures for replacing the clear balance of cash
in the hands of Messrs. W. and J. Willincks, and Nicholas and Jacob Van
Staphorsts and Hubbard.
This matter being settled, you will be pleased to proceed on the mission
to Algiers. This you will do by the way of Madrid, if you think any
information you can get from Mr. Carmichael or any other, may be an
equivalent for the trouble, expense and delay of the journey. If not,
proceed in whatever other way you please to Algiers.
Proper powers and credentials for you, addressed to that government, are
herewith enclosed. The instructions first given to Admiral Paul Jones are
so full that no others need be added, except a qualification in one single
article, to wit: should that government finally reject peace on the terms
in _money_, to which you are authorized to go, you may offer to make the
first payments for peace and that for ransom in _naval stores_, reserving
the right to make the subsequent annual payments in money.
You are to be allowed your travelling expenses, your salary as minister
resident in Portugal going on. Those expenses must be debited to the
Algerine mission, and not carried into your ordinary account as resident.
Mr. Cutting is allowed one hundred dollars a month, and his expenses,
which, as soon as he joins you, will of course be consolidated with yours.
We have made choice of him as particularly qualified to aid, under your
direction, in the matters of account, with which he is well acquainted.
He receives here an advance of one thousand dollars, by a draft on our
bankers in Holland, in whose hands the fund is deposited. This, and all
other sums furnished him, to be debited to the Algerine fund. I enclose
you a letter to our bankers giving you complete authority over these
funds, which you had better send with your first draft, though I send a
copy of it from hence by another opportunity.
This business being done, you will be pleased to return to Lisbon, and
to keep yourself and us, thereafter, well informed of the transactions
in Morocco; and as soon as you shall find that the succession to
that government is settled and staple, so that we may know to whom a
commissioner may be addressed, be so good as to give us the information,
that we may take measures in consequence.
I have the honor to be, with much respect, Sir, your most obedient, and
most humble servant.
TO SAMUEL SHAW, CONSUL AT CANTON, IN CHINA.
Philadelphia, March 21, 1793.
Sir,--Present appearances in Europe rendering a general war there
probable, I am to desire your particular attention to all the indications
of it, and on the first imminent symptoms of rupture among the maritime
powers, to put our vessels on their guard. In the same event the patronage
of our Consuls will be particularly requisite to secure to our vessels
the right of neutrality, and protect them against all invasions of it.
You will be pleased, also, in the same case, to give no countenance to
the usurpation of our flag by foreign vessels, but rather, indeed, to aid
in detecting it, as without bringing to us any advantage, the usurpation
will tend to commit us with the belligerent powers, and to subject
those vessels which are truly ours to harassing scrutinies in order to
distinguish them from the counterfeits.
The law requiring the Consuls of the United States to give bond with
two or more good sureties for the faithful performance of their duties,
I enclose you a blank bond for that purpose. According to a standing
regulation which places our Consuls in Europe in relation with the
Minister of the United States in the same country with them, if there be
one, and if none, then with their minister in Paris, and our Consuls in
America in immediate relation with the Secretary of State, you will be
pleased to have your sureties approved by the person to whom you stand
thus referred, and to send the bond when executed, by a safe conveyance,
to the Secretary of State, to be disposed of according to law; and this
with all the expedition the case will admit, provided this should not
have been done before. A set of the laws of the United States is likewise
herewith enclosed, together with a copy of a former circular letter,
intended as a standing instruction to our Consuls.
I am, with esteem, Sir, your most obedient, and most humble servant.
TO COLONEL DAVID.
Philadelphia, March 22, 1793.
Dear Sir,--I thank you sincerely for your friendly letter of January 8.
Particular circumstances have forced me to protract awhile my departure
from office, which, however, will take place in the course of the year.
Continue, therefore, if you please, the general address of your letters,
to "The Secretary of State," &c., as recommended. Be assured that I
shall carry into retirement and retain the most affectionate sentiments
towards you. I am, in truth, worn down with drudgery, and while every
circumstance relative to my private affairs calls imperiously for my
return to them, not a single one exists which could render tolerable
a continuation in public life. I do not wonder that Captain O'Bryan
has lost patience under his long-continued captivity, and that he may
suppose some of the public servants have neglected him and his brethren.
He may possibly have imputed neglect to me, because a forbearance to
correspond with him would have that appearance, though it was dictated by
the single apprehension, that if he received letters from me as Minister
Plenipotentiary of the United States at Paris, or as Secretary of State,
it would increase the expectations of the captors, and raise the ransom
beyond what his countrymen would be disposed to give, and so end in their
perpetual captivity. But, in truth, I have labored for them constantly
and zealously in every situation in which I have been placed. In the
first moment of their captivity, I first proposed to Mr. Adams to take
upon ourselves their ransom, though unauthorized by Congress. I proposed
to Congress and obtained their permission to employ the Order of Mercy in
France for their ransom, but never could obtain orders for the money till
just as I was leaving France, and was obliged to turn the matter over to
Mr. Short. As soon as I came here I laid the matter before the President
and Congress in two long reports, but Congress could not decide till the
beginning of 1792, and then clogged their ransom by a previous requisition
of peace. The unfortunate death of two successive commissioners have
still retarded their relief, and even should they be now relieved, will
probably deprive me of the gratification of seeing my endeavors for them
crowned at length with success by their arrival when I am here. It would,
indeed, be grating to me if, after all, I should be supposed by them to
have been indifferent to their situation. I will ask of your friendship
to do me justice in their eyes, that to the pain I have already felt
for them, may not be added that of their dissatisfaction. I explained my
proceedings on their behalf to a Dr. Warner, whom I saw at Paris, on his
way to Algiers, and particularly the reason why I did not answer O'Bryan's
letter. I desired him to communicate it to Captain O'Bryan. But I did not
know whether he did it. I think it more probable that Mr. Carmichael will
impute to me also an event which must take place this year. In truth,
it is so extraordinary a circumstance, that a public agent placed in a
foreign court for the purpose of correspondence, should, in three years,
have found means to get but one letter to us, that he must himself be
sensible that if he could have sent us letters, he ought to be recalled
as negligent, and if he could not, he ought to be recalled as useless.
I have, nevertheless, procured his continuance, in order to give him an
opportunity which occurred of his rendering a sensible service to his
country, and thereby drawing some degree of favor on his return.
Wishing you every circumstance of success and happiness, I am, with great
esteem, dear Sir, your sincere friend and servant.
TO COLONEL HUMPHREYS.
Philadelphia, March 22, 1793.
Dear Sir,--I have to acknowledge the receipt of your letters from No. 60
to 67, inclusive. You cannot be too vigilant against any such treaty as
that mentioned in No. 60, which, by giving the exclusive supply of wheat
to Naples, would altogether debar the United States from it. This would
bear so hard on us, that not only an exclusion of their wines from the
United States ought to be expected on their part, but every other measure
which might open to us a market _in any other part of the world_, however
Portugal might be affected by it. And I must forever repeat it, that,
instead of excluding our _wheat_, we must continue to hope that they will
open their ports to our _flour_, and that you will continue to use your
efforts, on every good occasion, to obtain this without waiting for a
treaty.
As there appears at present a probability of a very general war in Europe,
you will be pleased to be particularly attentive to preserve for our
vessels all the rights of neutrality, and to endeavor that our flag be not
usurped by others to procure to themselves the benefits of our neutrality.
This usurpation tends to commit us with foreign nations, to subject those
vessels truly ours to rigorous scrutinies and delays, to distinguish them
from counterfeits, and to take the business of transportation out of our
hands.
Continue, if you please, your intelligence relative to the affairs of
Spain, from whence we learn nothing but through you; to which it will be
acceptable that you add leading events from other countries, as we have
several times received important facts through you, even from London,
sooner than they have come from London directly.
The letters enclosed for Mr. Carmichael and Mr. Short are of a very secret
nature. If you go by Madrid, you will be the bearer of them yourself;
if not, it would be better to retain them than to send them by any
conveyance which does not command your entire confidence. I have never
yet had a letter from Mr. Carmichael but the one you brought from Madrid.
A particular circumstance will occasion forbearance yet a little longer.
Captain Cutting will bring you a copy of the laws of the last session of
Congress, and of the gazettes to the time of his departure.
Not yet knowing the actual arrival of Mr. Church at Lisbon, I believe
it will be safer that I direct letters for you, during your absence, to
Messrs. Bulkeley and Son, with whom you will leave what directions on the
subject you shall think proper.
I am, with great and sincere esteem and respect, dear Sir, your most
obedient, and most humble servant.
TO MESSRS. CARMICHAEL AND SHORT.[23]
Philadelphia, March 23, 1793.
Gentlemen,--It is intimated to us in such a way as to attract our
attention, that France means to send a strong force early this spring
to offer independence to the Spanish American colonies, beginning with
those on the Mississippi; and that she will not object to the receiving
those on the east side into our confederation. Interesting considerations
require, that we should keep ourselves free to act in this case according
to circumstances, and consequently, that you should not, by any clause of
treaty, bind us to guarantee any of the Spanish colonies against their own
independence, nor indeed against any other nation. For when we thought
we might guarantee Louisiana, on their ceding the Floridas to us, we
apprehended it would be seized by Great Britain, who would thus completely
encircle us with her colonies and fleets. This danger is now removed
by the concert between Great Britain and Spain; and the times will soon
enough give independence, and consequently free commerce to our neighbors,
without our risking the involving ourselves in a war for them.
I am, with great respect and esteem, your most obedient humble servant.
[24]The above meets the approbation of
George Washington.
FOOTNOTES:
[23] [This letter was in cypher, but a literal copy of it preserved.]
[24] [This is in the handwriting of General Washington.]
TO MR. DUMAS.
Philadelphia, March 24, 1793.
Dear Sir,--I have to acknowledge the receipt of your favors of September
20, March 13, and Jan. 9. I shall hope your continuance to send us the
Leyden Gazette as usual, but all the other gazettes which you have
hitherto usually sent, may be discontinued. The scene in Europe is
becoming very interesting. Amidst the confusion of a general war which
seems to be threatening that quarter of the globe, we hope to be permitted
to preserve the line of neutrality. We wish not to meddle with the
internal affairs of any country, nor with the general affairs of Europe.
Peace with all nations, and the right which that gives us with respect
to all nations, are our object. It will be necessary for all our public
agents to exert themselves with vigilance for securing to our vessels
all the rights of neutrality, and from preventing the vessels of other
nations from usurping our flag. This usurpation tends to commit us with
the belligerent power, to draw on those vessels truly ours, vigorous
visitations to distinguish them from the counterfeits, and to take
business from us. I recommend these objects to you. I have done the same
to Mr. Greenleaf, lately appointed our Consul at Amsterdam. Be so good
as to remember to send your account immediately after the 30th of June.
I forward for you to Mr. Pinckney a copy of the laws of the late session
of Congress; and am, with sincere esteem, dear Sir, your most obedient
humble servant.
TO COLONEL HAMILTON.
Philadelphia, March 27, 1793.
Sir,--In compliance with the desire you expressed, I shall endeavor to
give you the view I had of the destination of the loan of three millions
of florins, obtained by our bankers in Amsterdam, previous to the acts
of the 4th and 12th of August, 1790, when it was proposed to adopt it
under those acts. I am encouraged to do this by the degree of certainty
with which I can do it, happening to possess an official paper wherein
I had committed to writing some thoughts on the subject, at the time,
that is to say, on the 26th of August, 1790. The general plan presented
to view, according to my comprehension of it, in your report and draught
of instructions, was, 1, to borrow, on proper terms, such a sum of money
as might answer all demands for principal and interest of the foreign
debt due to the end of 1791; 2, to consider two of the three millions of
florins already borrowed as if borrowed under the act of August 4, and
so far an execution of the operation before mentioned; 3, to consider
the third million of florins so borrowed as if borrowed under the act of
the 12th of August, and so far an execution of the powers given to the
President to borrow two millions of dollars for the purchase of the public
debt. I remember that the million of dollars surplus of the domestic
revenues, appropriated to the purchase of the public debt, appeared to me
sufficient for that purpose _here_, for probably a considerable time. I
thought, therefore, if any part of the three millions of florins were to
be placed under the act of the 12th of August, that it should rather be
employed in purchasing our _foreign paper_ at the market of Amsterdam.
I had myself observed the different degrees of estimation in which the
paper of different countries was held at that market, and wishing that our
credit there might always be of the first order, I thought a moderate sum
kept in readiness there to buy up any of our _foreign paper_, whenever
it should be offered below par, would keep it constantly to that mark,
and thereby establish for us a sound credit, where, of all places in the
world, it would be most important to have it.
The subject, however, not being with my department, and therefore having
no occasion afterwards to pay attention to it, it went out of my mind
altogether, till the late inquiries brought it forward again. On reading
the President's instructions of August 28, 1790 (two days later than the
paper before mentioned), as printed in your report of February 13, 1793,
in the form in which they were ultimately given to you, I observed that
he had therein neither confirmed _your_ sentiment of employing a part
of the money _here_, nor _mine_ of doing it _there_, in purchases of the
public debt: but had directed the application of the whole to the _foreign
debt_; and I inferred that he had done this on full and just deliberation,
well knowing he would have time enough to weigh the merits of the two
opinions, before the million of dollars would be examined _here_, or the
loans for the foreign debt would overrun their legal measure _there_. In
this inference, however, I might be mistaken; but I cannot be in the fact
that these instructions gave a sanction to neither opinion.
I have thus, Sir, stated to you the view I had of this subject in 1790,
and I have done it because you desired it. I did not take it up then as a
volunteer, nor should now have taken the trouble of recurring to it, but
at your request, as it is one in which I am not particularly concerned,
which I never had either the time or inclination to investigate, and on
which my opinion is of no importance.
I have the honor to be, with respect, Sir, your most obedient humble
servant.
TO J. MADISON.
Philadelphia, April 7, 1793.
We may now, I believe, give full credit to the accounts that war is
declared between France and England. The latter having ordered Chauvelen
to retire within eight days, the former seemed to consider it as too
unquestionable an evidence of an intention to go to war, to let the
advantage slip of her own readiness and the unreadiness of England. Hence,
I presume, the first declaration from France. A British packet is arrived;
but as yet we have nothing more than that she confirms the accounts of
war being declared. Genett not yet arrived. An impeachment is ordered here
against Nicholson, their Comptroller General, by a vote almost unanimous
of the House of Representatives. There is little doubt, I am told, that
much _mala fides_ will appear; but E. R. thinks he has barricaded himself
within the fences of the law.
* * * * *
Yours affectionately.
TO MR. HAMMOND.
Philadelphia, April 18, 1793.
Sir,--I have now the honor to enclose you the answer of the Attorney
General to my letter covering yours of March the 12th, on the case of
Hooper and Pagan, wherein he has stated the proceedings of Pagan for
obtaining a writ of error from the Supreme Court of the United States, for
revisal of the judgment of the inferior court pronounced against him; and
also, his opinion on the merits of the question, had the writ of error
been procured, and the merits thereby been brought into question. From
this statement you will be able to judge whether Pagan has, _bona fide_,
complied with the rule which requires that a foreigner, before he applies
for extraordinary interposition, should use his best endeavors to obtain
the justice he claims from the ordinary tribunals of the country. You
will perceive also, that had the writ been pressed for and obtained, and
the substantial justice of Pagan's claim thereby brought into discussion,
substantial justice would have been against him, according to the opinion
of the Attorney General, according to the uniform decisions of the courts
of the United States, even in the cases of their own citizens, and
according to the decision of this very case in the British provincial
court, where the evidence was taken and the trial first had. This does
not appear then to be one of those cases of gross and palpable wrong,
ascribable only to wickedness of the heart, and not to error of the head,
in the judges who have decided on it, and founding a claim of national
satisfaction. At least, that it is so, remains yet to be demonstrated.
The readiness with which the government of the United States has entered
into inquiries concerning the case of Mr. Pagan, even before that case
was ripe for their interposition, according to ordinary rules, will, I
hope, satisfy you that they would, with equal readiness, have done for
the redress of his case whatever the laws and Constitution would have
permitted them to do, had it appeared in the result that their courts had
been guilty of partiality or other gross wrong against Mr. Pagan. On the
contrary, it is hoped, that the marked attentions which have been shown to
him by the government of Massachusetts, as well as by that of the United
States, have evinced the most scrupulous dispositions to patronize and
effectuate his right, had right been on his side. I have the honor to be,
with due respect, Sir, your most humble servant.
[_The letter of the Attorney General, referred to in the preceding._]
TO THE SECRETARY OF STATE.
Philadelphia, April 12, 1793.
Sir,--You will perceive from the two letters marked A. and B. of which I
enclose copies, that the subject of Mr. Pagan has been for some time in my
view. The former of those letters being intended for you, and containing
a summary of facts, I determined to show it to Mr. Tilghman, who was
Pagan's counsel, before it was sent to you, in order that he might correct
any misstatement. This produced the latter letter from him to me; and I
have thought it more advisable to forward both of them to you, even in
the unfinished state of my own, than to reduce the case into a form which
might be supposed to be less accurate.
As I do not discover an essential difference between Mr. Tilghman and
myself, I shall not discuss any seeming variance, but proceed upon his
ideas.
It is too obvious to require a diffusive exposition, that the application
for a writ of error was not only prudent, but a duty in Pagan. To this Mr.
Tilghman explicitly assents, when he says that he was perfectly "satisfied
of the prudence of applying for the writ of error, as Pagan could not
complain of a defect of justice, until he had tried the writ of error and
found that mode ineffectual." This remark becomes the more important,
as it manifests that the process was not suggested as an expedient for
shifting any burthen from the government. Indeed I may with truth add,
that the proceedings, taken collectively, appeared to me to present
a sufficient intimation of the main question, to serve as a ground of
decision.
However, take the case under either aspect; as excluding the consideration
of the main question by an omission in the pleadings and record; or as
exhibiting it fully to the cognizance of the court.
It never was pretended that a writ of error ought to have been granted,
unless the matter was apparent on the record. Whose office was it to
make it thus apparent? Of the attorney who managed the pleadings. If,
therefore, he has failed to do so, we may presume that he considered
the ground untenable, or was guilty of inattention. Either presumption
would be fatal to a citizen of the United States; and the condition of a
foreigner cannot create a new measure in the administration of justice. It
is moreover certain, that those who have been consulted on Pagan's behalf,
as well as others, have seriously doubted whether a cause, which has been
pursued to the extent which his had reached before the commencement of
our new government, was susceptible of federal relief.
The last observation opens the inquiry, what remedy ought the Supreme
Court of the United States to have administered, even if the question had
been fairly before them? My opinion is, that the very merits are against
Mr. Pagan. In America, the construction of the armistice has been almost
universally to compute the places, within which different times were to
prevail, by latitude only. Am I misinformed, that such an interpretation
has been pressed by _our_ ministers, and not denied by those of London?
A second mode has been adopted, by describing a circle, and thereby
comprehending longitude as well as latitude; now let either rule be
adopted, and the position of the capture in this case will be adverse to
Pagan's pretensions.
But what can be exacted from our government, after repeated trials, before
various jurisdictions, none of which can be charged with any symptom
of impropriety, and upon a subject, which, to say no more, is at least
equipoised? Nothing; and I appeal to the British reasoning on the Silesia
loan, as supporting this sentiment, in the following passage: "The law of
nations, founded upon justice, equity, convenience and the reason of the
thing, and confirmed by long usage, does not allow of reprisals, except
in case of violent injuries directed and supported by the State, and
justice absolutely denied, in _re minime dubia_, by all the tribunals,
and afterwards by the prince." Where the judges are left free, and give
sentence according to their consciences, "though it should be erroneous,
that would be no ground for reprisals. Upon doubtful questions, different
men think and judge differently; and all a friend can desire is, that
justice should be as impartially administered to him, as it is to the
subjects of that prince, in whose courts the matter is tried." Under such
circumstances, a citizen must acquiesce. So therefore must Pagan; against
whom even the court of Nova Scotia, within the dominions of his sovereign,
has once decided.
There are many smaller points, arising from the controversy, which might
be relied on. But I pass them over, from a hope that the observations
already made will induce you to think with me, that government is not
bound to interpose farther in the behalf of Pagan. I have the honor, Sir,
to be, with respect and esteem, your most obedient servant,
Edmond Randolph.
TO MR. PINCKNEY.
Philadelphia, April 20, 1793.
Dear Sir,--In a postscript to my letter of the 12th, I acknowledged the
receipt of yours of January the 3d; since which, those of January the 30th
and February the 5th have been received by the William Penn.
With respect to our negotiation with Mr. Hammond, it is exactly in the
state in which it was when you left America, not one single word having
been received in reply to my general answer, of which you had a copy. He
says, he waits for instructions, which he pretends to expect from packet
to packet. But sometimes the ministers are all in the country, sometimes
they are absorbed in negotiations nearer home, sometimes it is the hurry
of impending war, or attention to other objects, the stock of which is
inexhaustible, and can therefore never fail those who desire nothing but
that things shall rest as they are. Perhaps, however, the present times
may hasten justice.
We shall be glad to receive the assayer you hope to procure, as soon as
possible, for we cannot get one in this country equal to the business in
all its parts. With respect to Mr. Drost, we retain the same desire to
engage him, but we are forced to require an immediate decision, as the
officer employed in the interim, and who does tolerably well, will not
continue much longer under an uncertainty of permanent employment. I must
therefore desire you to press Mr. Morris to bring Drost to an immediate
determination; and we place the matter on this ground with him, that if he
is not embarked by the first day of July next, we shall give a permanent
commission to the present officer, and be free to receive no other. We
are likely to be in very great distress for copper for the mint, and must
therefore press your expediting what we desired you to order from Sweden.
You may, on every occasion, give assurances which cannot go beyond the
real desires of this country, to preserve a fair neutrality in the present
war, on condition that the rights of neutral nations are respected in
us, as they have been settled in _modern_ times, either by the express
declarations of the powers of Europe, or their adoption of them on
particular occasions. From our treaties with France and Holland, and
that of England and France, a very clear and simple line of conduct can
be marked out for us, and I think we are not unreasonable in expecting
that England shall recognize towards us the same principles which she has
stipulated to recognize towards France, in a state of neutrality.
I have the honor to be, with great and sincere esteem, dear Sir, your most
obedient, and most humble servant.
TO MR. VAN BERCKEL.
Philadelphia, April 23d, 1793.
Sir,--As far as the public gazettes are to be credited, we may presume
that war has taken place among several of the nations of Europe, in
which France, England, Holland and Russia, are particularly engaged.
Disposed, as the United States are, to pursue steadily the ways of peace,
and to remain in friendship with all nations, the President has thought
it expedient, by Proclamation, of which I enclose you a copy, to notify
this disposition to our citizens, in order to intimate to them the line
of conduct for which they are to prepare; and this he has done without
waiting for a formal notification from the belligerent Powers. He hopes
that those Powers and your nation in particular, will consider this early
precaution as a proof, the more candid, as it has been unasked, for the
sincere and impartial intentions of our country, and that what is meant
merely as a general intimation to our citizens, shall not be construed
to their prejudice in any Courts of Admiralty, as if it were conclusive
evidence of their knowledge of the existence of war, and of the Powers
engaged in it. Of this we could not give them conclusive information,
because we have it not ourselves; and till it is given us in form, and
so communicated to them, we must consider all their acts as lawful, which
would have been lawful in a state of peace. I have the honor to be, with
great respect, Sir, your most obedient, and most humble servant.
CIRCULAR TO MESSRS. MORRIS, PINCKNEY AND SHORT.
Philadelphia, April 26, 1793.
Sir,--The public papers giving us reason to believe that the war is
becoming nearly general in Europe, and that it has already involved
nations with which we are in daily habits of commerce and friendship,
the President has thought it proper to issue the proclamation of which
I enclose you a copy, in order to mark out to our citizens the line of
conduct they are to pursue. That this intimation, however, might not work
to their prejudice, by being produced against them as conclusive evidence
of their knowledge of the existence of war and of the nations engaged in
it, in any case where they might be drawn into courts of justice for acts
done without that knowledge, it has been thought necessary to write to
the representatives of the belligerent powers here, the letter of which
a copy is also enclosed, reserving to our citizens those immunities to
which they are entitled, till authentic information shall be given to
our government by the parties at war, and be thus communicated, with
due certainty, to our citizens. You will be pleased to present to the
government where you reside, this proceeding of the President, as a
proof of the earnest desire of the United States to preserve peace and
friendship with all the belligerent powers, and to express his expectation
that they will in return extend a scrupulous and effectual protection to
all our citizens, wheresoever they may need it, in pursuing their lawful
and peaceable concerns with their subjects, or within their jurisdiction.
You will, at the same time, assure them that the most exact reciprocation
of this benefit shall be practised by us towards their subjects, in the
like cases.
I have the honor to be, with great esteem and respect, Sir, your most
obedient, and most humble servant.
TO M. DE TERNANT.
Philadelphia, April 27, 1793.
Sir,--Your letter of the 13th instant, asking moneys to answer the
expenses and salaries of the consular offices of France, has been duly
laid before the President, and his directions thereon taken.
I have in consequence to observe to you, that before the new government
of France had time to attend to things on this side the Atlantic, and
to provide a deposit of money for their purposes here, there appeared a
degree of necessity that we, as the friends and debtors of that nation,
should keep their affairs from suffering, by furnishing money for
urgent purposes. This obliged us to take on ourselves to judge of the
purpose, because, on the soundness of that, we were to depend for our
justification. Hence we furnished moneys for their colonies and their
agents here, without express authority, judging from the importance and
necessity of the case, that they would approve of our interference.
But this kind of necessity is now at an end; the government has
established a deposit of money in the hands of their minister here, and
we have nothing now to do but to furnish the money, which we are in the
course of doing, without looking into the purposes to which it is to be
applied. Their minister is to be the judge of these, and to pay it to whom
and for what he pleases.
If it be urged that they have appropriated all the money we are furnishing
to other objects, that you are not authorized to divert any of it to
any other purpose, and therefore that you _need a further sum_, it may
be answered that it will not lessen the stretch of authority to add
an _unauthorized payment by us_ to an _unauthorized application_ by
you, and that it seems fitter that their minister should exercise a
discretion over their appropriations, standing, as he does, in a place of
confidence, authority, and responsibility, than we who are strangers, and
unamenable to them. It is a respect we owe to their authority to leave
to those acting under that, the transactions of their affairs, without an
intermeddling on our part which might justly appear officious.
In this point of light, I hope you will view our conduct, and that the
consular officers will be sensible that in referring them to your care,
under which the national authority has placed them, we do but conform
ourselves to that authority. I have the honor to be, with sentiments
of great respect and esteem, Sir, your most obedient, and most humble
servant.
TO THE SECRETARY OF THE TREASURY.
Philadelphia, May 1, 1793.
Sir,--When you mentioned to me yesterday that M. de Ternant proposed to
apply for a sum of money, and founded himself on a letter of mine which
gave him reason to expect it, I thought I could not have written such a
letter, because I did not recollect it, and because it was out of the plan
which you know had been adopted, that when we furnished one sum of money
we should avoid promising another. I have now most carefully examined all
my letters to M. de Ternant, as far back as March 7, 1792, the date of
the first on the subject of furnishing money, and can assure you there is
not a word in one of them which can be construed into a promise, expressed
or implied, relative to the present subject, or which can have committed
the government in the smallest degree to a departure from the rules it
has laid down. I am equally confident that I have never said a word which
could do it. Upon the ground, therefore, of any such commitment by me,
the proposition will not be supported. With respect to these applications
in general, they were of course to pass through me; but I have considered
them as depending too much on the arrangements of your department to
permit myself to take and be tenacious of any particular ground other than
that, whatever rule we adopt, it be plain and persevered in uniformly in
all cases where the material circumstances are the same, so that we never
refuse to one what has been done for another. It is and ever has been my
opinion and wish that we should gratify the diplomatic gentlemen in every
way in which we can do it without too great inconvenience or commitment of
our own government. I think it our interest to do so; and am under this
impression in the present case so much, that I should readily concur, if
it be the pleasure of the President, in reconsidering the rule adopted on
a late occasion, and substituting any other consistent with our public
duties, more adapted to the gratification of the diplomatic gentlemen,
and uniformly to be applied where the material circumstances shall be the
same; for it would reverse our aim were we to put ourselves in the case
of disobliging one by refusing what we have done to gratify another. In
these sentiments, I will hand to the President any application which M.
de Ternant shall think proper to communicate to me in writing. I have the
honor to be, with great respect, Sir, your most obedient humble servant.
TO M. DE TERNANT.
Philadelphia, May 3, 1793.
Sir,--The Minister Plenipotentiary of his Britannic Majesty has
represented to the government of the United States, that on the 25th of
April last, the British ship Grange, while lying at anchor in the bay of
Delaware, within the territory and jurisdiction of the United States, was
taken possession of by the Embuscade, a frigate of the French Republic,
has been brought to this port, where she is now detained as prize, and the
crew as prisoners, and has made a requisition in form, for a restoration
of the vessel and liberation of the crew. I have the honor to furnish
you with copies of the evidence given in by the British minister, and
to observe, that the United States being at peace with all parties,
cannot see with indifference its territory or jurisdiction violated by
either; that the government will therefore proceed to inquire into the
facts, and for that purpose will receive with pleasure, and consider with
impartiality, any evidence you will be pleased to have them furnished
with on the subject; and the President hopes that you will take effectual
measures for detaining here the vessel taken, her crew and cargo, to
abide the decision which will be made thereon, and which is desired to be
without delay.
I have the honor to be, with great respect, Sir, your most obedient, and
most humble servant.
TO COLONEL MONROE.
Philadelphia, May 5, 1793.
Dear Sir,--The expectation that you are always from home prevents my
writing to you with regularity; a matter of little consequence to you, as
you probably receive Freneau's paper regularly, and consequently all the
news of any importance.
The fiscal party having tricked the House of Representatives out of the
negative vote they obtained, seem determined not to lose the ground they
gained by entering the lists again on matters of fact and reason; they
therefore preserve a triumphant silence, notwithstanding the attack
of the pamphlet entitled "An Examination Se-and-of-Timon." They show
their wisdom in this, if not their honesty. The war between France and
England seems to be producing an effect not contemplated. All the old
spirit of 1776, rekindling the newspapers from Boston to Charleston,
proves this; and even the monocrat papers are obliged to publish the
most furious philippics against England. A French frigate took a British
prize off the capes of Delaware the other day, and sent her up here.
Upon her coming into sight, thousands and thousands of the _yeomanry_ of
the city crowded and covered the wharves. Never before was such a crowd
seen there; and when the British colors were seen _reversed_, and the
French flying above them, they burst into peals of exultation. I wish
we may be able to repress the spirit of the people within the limits
of a fair neutrality. In the meantime, H. is panic-struck, if we refuse
our breach to every kick which Great Britain may choose to give it. He
is for proclaiming at once the most abject principles, such as would
invite and merit habitual insults; and indeed every inch of ground must
be fought in our councils to desperation, in order to hold up the face
of even a sneaking neutrality, for our votes are generally two and a
half against one and a half. Some propositions have come from him which
would astonish Mr. Pitt himself with their boldness. If we preserve even
a sneaking neutrality, we shall be indebted for it to the President, and
not to his counsellors. Immense bankruptcies have taken place in England.
The last advices made them amount to eleven millions sterling, and still
going on. Of the houses connected with America, they have fallen only
on those who had dealt in American paper. The beginning of the business
was from the alarm occasioned by the war, which induced cautious people
to withdraw their money from the country banks. This induced the Bank of
England to stop discounting, which brought on a general crush, which was
still going on. It is said that two millions of manufacturers would be
put out of employ by these failures. This is probably exaggerated. The
stocks are very low here now, and an immense mass of paper is expected
to be returned immediately from England, so that they will be still
lower. Notwithstanding this, the sinking fund is idle, not having had
a shilling to lay out (except the interest of the part sunk). You will
see in Freneau's next paper, a most advantageous decree of the French
National Assembly in our favor. They have lately sustained some severe
checks. The papers will confuse you on the subject. The truth is, that
in a combination of three operations, Clairfayt killed and wounded 1,400,
took 600. Saxe Cobourg killed and wounded 4,000, and took 1,600. Brunswick
killed and wounded 1,300, and took 700. This is the sum. Their defects
are as sensibly felt at Philadelphia as at Paris, and I foresee we are to
have a trying campaign of it. Great Britain has as yet not condescended to
notice us in any way. No wish expressed of her neutrality, no answer of
any kind to a single complaint for the daily violations committed on our
sailors and ships. Indeed, we promise beforehand so fast that she has not
time to ask anything. We expect Genet daily. When Ternant received certain
account of his appointment, thinking he had nothing further to hope from
the Jacobins, he that very day found out something to be offended at in
me (in which I had been made _ex officio_ the ostensible agent in what
came from another quarter, and he has never been undeceived), attached
himself intimately to Hamilton, put on mourning for the King, and became
a perfect counter revolutioner. A few days ago, he received a letter
from Genet, giving him a hope that they will employ him in the army. On
this, he tacked about again, became a Jacobin, and refused to present the
Viscount Noailles, and some French aristocrats arrived here. From what I
learn from Noailles, La Fayette has been more imprudent than I expected,
but certainly innocent.
Present my best affections to Mrs. Monroe, and accept them for yourself
also. Yours sincerely.
TO MR. PINCKNEY.
Philadelphia, May 7, 1793.
Dear Sir,--Since my letter of April the 16th, yours have been received of
March the 12th, 12th, 13th, 13th, and 19th. Before the receipt of these,
one of which covered the form of your passports, it had been determined
here, that passports should be issued in _our own ports_ only, as well
to secure us against those collusions which would be fraudulent towards
our friends, and would introduce a competition injurious to our own
vessels, as to induce these to remain in our own service, and thereby
give to the productions of our own soil the protection of its own flag
in its passage to foreign markets. As our citizens are free to purchase
and use _foreign-built_ vessels, and these, like all their other lawful
property, are entitled to the protection of their government, passports
will be issued to them as freely as to _home-built_ vessels. This is
strictly within our treaties, the letter of which, as well as their
spirit, authorizes passports to all vessels _belonging_ to citizens of
the United States. Our laws, indeed, indulge home-built vessels with
the payment of a lower tonnage, and to evidence their right to this,
permit them alone to take out registers from our own offices; but they do
not exclude foreign-built vessels owned by our citizens from any other
right. As our home built vessels are adequate to but a small proportion
of our transportation, if we could not suddenly augment the stock of our
shipping, our produce would be subject to war insurance in the vessels of
the belligerent powers, though we remain at peace ourselves.
In one of your letters of March the 13th, you express your apprehension
that some of the belligerent powers may stop our vessels going with grain
to the ports of their enemies, and ask instructions which may meet the
question in various points of view, intending, however, in the meantime,
to contend for the amplest freedom of neutral nations. Your intention
in this is perfectly proper, and coincides with the ideas of our own
government in the particular case you put, as in general cases. Such a
stoppage to an unblockaded port would be so unequivocal an infringement
of the neutral rights, that we cannot conceive it will be attempted.
With respect to our conduct as a neutral nation, it is marked out in our
treaties with France and Holland, two of the belligerent powers; and as
the duties of neutrality require an _equal_ conduct to both parties,
we should, on that ground, act on the same principles towards Great
Britain. We presume that this would be satisfactory to her because of
its equality, and because she too has sanctioned the same principles in
her treaty with France. Even our seventeenth article with France, which
might be disagreeable, as from its nature it is unequal, is adopted
exactly by Great Britain in her fortieth article with the same power, and
would have laid her, in a like case, under the same unequal obligations
against us. We wish then, that it could be arranged with Great Britain,
that our treaties with France and Holland, and that of France and Great
Britain (which agree in what respects neutral nations), should form the
line of conduct for us all, in the present war, in the cases for which
they provide. Where they are silent, the general principles of the law
of nations must give the rule, as the principles of that law have been
liberalized in latter times by the refinement of manners and morals,
and evidenced by the declarations, stipulations, and practice of every
civilized nation. In our treaty with Prussia, indeed, we have gone ahead
of other nations, in doing away restraints on the commerce of peaceful
nations, by declaring that nothing shall be contraband. For in truth, in
the present improved state of the arts, when every country has such ample
means of procuring arms within and without itself, the regulations of
contraband answer no other end than to draw other nations into the war.
However, as other nations have not given sanction to this improvement, we
claim it, at present, with Prussia alone.
You are desired to persevere till you obtain a regulation to guard our
vessels from having their hands impressed, and to inhibit the British
navy officers from taking them under the pretext of their being British
subjects. There appears but one practical rule, that the vessel being
American, shall be conclusive evidence that the hands are so to a certain
number, proportioned to her tonnage. Not more than one or two officers
shall be permitted to visit a vessel. Mr. Albion Coxe has just arrived.
I have the honor to be, with great and sincere esteem, dear Sir, your most
obedient, and most humble servant.
TO E. RANDOLPH.
May 8, 1793.
I have been still reflecting on the draft of letter from the Secretary
of the Treasury to the custom house officers, instructing them to be on
the watch as to all infractions or tendencies to infraction of the laws
of neutrality by our citizens, and to communicate the same to him. When
this paper was first communicated to me, though the whole of it struck me
disagreeably, I did not in the first moment see clearly the improprieties
but of the last clause. The more I have reflected, the more objectionable
the whole appears. By this proposal the collectors of the customs are to
be made an established corps of spies or informers against their fellow
citizens, whose actions they are to watch in secret, inform against in
secret to the Secretary of the Treasury, who is to communicate it to the
President. If the action and evidence appear to justify a prosecution,
a prosecution is to be set on foot on the _secret information of a
collector_. If it will not justify it, then the only consequence is that
the mind of government has been poisoned against a citizen, neither
known nor suspecting it, and perhaps too distant to bring forward his
justification. This will at least furnish the collector with a convenient
weapon to keep down a rival, draw a cloud over an inconvenient censor, or
satisfy mere malice and private enmity. The object of this new institution
is to be to prevent infractions of the laws of neutrality, and preserve
our peace with foreign nations. Acts involving war, or proceedings which
respect foreign nations, seem to belong either to the department of
war, or to that which is charged with the affairs of foreign nations;
but I cannot possibly conceive how the superintendence of the laws of
neutrality, or the preservation of our peace with foreign nations, can be
ascribed to the department of the treasury, which I suppose to comprehend
merely matters of revenue. It would be to add a new and a large field to a
department already amply provided with business, patronage, and influence.
It was urged as a reason that the collectors of the customs are in
convenient positions for this espionage. They are in convenient positions
too for building ships of war; but will that business be transplanted from
its department, merely because it can be conveniently done in another?
It seemed the desire that if this means was disapproved, some other
equivalent might be adopted. Though we consider the acts of a foreigner
making a captive within our limits, as an act of public hostility, and
therefore to be turned over to the military, rather than the civil power;
yet the acts of our own citizens infringing the laws of neutrality or
contemplating that, are offences against the ordinary laws and cognisable
by them. Grand juries are the constitutional inquisitors and informers of
the country, they are scattered everywhere, see everything, see it while
they suppose themselves mere private persons, and not with the prejudiced
eye of a permanent and systematic spy. Their information is on _oath_,
is public, it is in the vicinage of the party charged, and can be at once
refuted. These officers taken only occasionally from among the people, are
familiar to them, the office respected, and the experience of centuries
has shown that it is safely entrusted with our character, property and
liberty. A grand juror cannot carry on systematic persecution against
a neighbor whom he hates, because he is not permanent in the office.
The judges generally, by a charge, instruct the grand jurors in the
infractions of law which are to be noticed by them; and our judges are in
the habit of printing their charges in the newspapers. The judges, having
notice of the proclamation, will perceive that the occurrence of a foreign
war has brought into activity the laws of neutrality, as a part of the law
of the land. This new branch of the law they will know needs explanation
to the grand juries more than any other. They will study and define the
subjects to them and to the public. The public mind will by this be warned
against the acts which may endanger our peace, foreign nations will see a
much more respectable evidence of our _bona fide_ intentions to preserve
neutrality, and society will be relieved from the inquietude which must
forever be excited by the knowledge of the existence of such a poison
in it as secret accusation. It will be easy to suggest this matter to
the attention of the judges, and that alone puts the whole machine into
motion. The one is a familiar, impartial and precious instrument, the
other, not popular in its present functions, will be odious in the new
ones, and the odium will reach the Executive, who will be considered as
having planted a germ of private inquisition absolutely unknown to our
laws. I am not quite certain what was considered as agreed upon yesterday;
it cannot be too late, however, to suggest the substitution of the judges
and grand jurors in place of the collectors of the customs.
TO THE SECRETARY OF THE TREASURY.
Philadelphia, May 8, 1793.
Sir,--I had wished to have kept back the issuing passports for sea
vessels till the question should be decided whether the treaty with France
should be declared void, lest the issuing the passports presented by that
treaty might be considered as prejudging the question. The importunities,
however, of the owners obliging me to give out a few, I had them printed
in the Dutch form only. Not then having sufficiently considered on the
best mode of distributing them, I took the liberty, as an expedient of
the moment, of sending seven (the number of vessels then waiting in this
port) to Mr. Delaney, asking the favor of him to fill them up and deliver
them for me. Application for another parcel coming, and the applicant
not being able to wait himself till I could send them to be signed by the
President, he desired I would lodge them with Mr. Cox, on whom it would
be convenient for him to call for them. I did so; and afterwards sent a
second parcel of a dozen, which were pressingly requested. The President
having now decided that the French passport may also be used, it is at
this time in the press, and the whole instrument completed with the two
passports. Letters and certificate in its final form, will be ready for
signature to-morrow. It has therefore now become necessary to determine
on the ultimate channel of distributing them. I am not the judge whether
the task of distribution might interfere too much with the other duties of
the collectors of the customs. If it would not, their position seems best
accommodated to that distribution. I took the liberty, therefore, to-day,
of proposing to the President that, if you should think there would be no
inconvenience in charging them with the distribution, the blanks might
be lodged with them; of which he approved, and I have now the honor of
submitting that question to you. If you find no inconvenience in it, I
will send 500 blanks, as soon as they shall be signed, either to your
office or to that of the commissioners of the revenue, whichever you shall
prefer, to be forwarded to the collectors of the different ports; and from
time to time afterwards will keep up a supply. Should it, however, in your
opinion, interfere too much with the other duties of those officers, I
will submit to the President the depositing them with the deputy marshals
appointed, or to be appointed in every port.
I will ask the favor of your answer, as the applications are numerous and
pressing, and I am unwilling to be further troublesome to the gentlemen
who have hitherto been so kind as to fill up and deliver them for me till
some arrangement would be made which might relieve me personally from
a business with the details of which I was not acquainted. I have the
honor to be, with great respect. Sir, your most obedient, and most humble
servant.
TO J. MADISON.
May 13.
I wrote you on the 5th covering an open letter to Colonel Monroe, since
that I have received yours of April 29. We are going on here in the same
spirit still. The Anglophobia has seized violently on three members of
our council. This sets almost every day on questions of neutrality. H.
produced the other day the draft of a letter from himself to the collector
of the customs, giving them in charge to watch over all proceedings in
their district, contrary to the laws of neutrality or tending to impair
our peace with the belligerent powers, and particularly to observe if
vessels pierced for guns should be built, and to inform _him_ of it. This
was objected to, 1st. As setting up a system of espionage, destructive
of the peace of society. 2d. Transferring to the treasury department the
conservation of the laws of neutrality and peace with foreign nations.
3d. It was rather proposed to intimate to the judges that the laws
respecting neutrality being now come into activity, they should charge
grand juries with the observance of them; these being constitutional and
public informers, and the person accused knowing of what they should do,
and having an opportunity of justifying themselves. E. R. found out a hair
to split, which, as always happens, became the decision. H. is to write
to the collectors of the customs, who are to convey their information to
the attorney of the district, to whom E. R. is to write, to receive their
information and proceed by indictment. The clause respecting the building
vessels pierced for guns is to be omitted; for, though three against one,
thought it would be a breach of neutrality; yet they thought we might
defer giving a public opinion on it as yet. Everything, my dear Sir,
hangs upon the opinion of a single person, and that the most indecisive
one I ever had to do business with. He always contrives to agree in
principle with one, but in conclusion with the other. Anglophobia,
secret anti-gallomany, a federalisme outree, and a present ease in his
circumstances not usual, have decided the complexion of our dispositions,
and our proceedings towards the conspirators against human liberty, and
the asserters of it, which is unjustifiable in principle, in interest,
and in respect to the wishes of our constituents. A manly neutrality,
claiming the liberal rights ascribed to that condition by the very persons
at war, was the part we should have taken, and would I believe have given
satisfaction to our allies. If anything prevents its being a mere English
neutrality, it will be that the penchant of the President is not that
way, and above all, the ardent spirit of our constituents. The line is
now drawn so clearly as to show on one side, 1. The fashionable circles of
Philadelphia, New York, Boston and Charleston, (natural aristocrats.) 2.
Merchants trading on British capital. 3. Paper men, (all the old tories
are found in some one of the three descriptions.) On the other side
are, 1. Merchants trading on their own capital. 2. Irish merchants. 3.
Tradesmen, mechanics, farmers, and every other possible description of our
citizens. Genett is not yet arrived though hourly expected. I have just
heard that the workmen I had desired from Europe were engaged and about
to embark. Another strong motive for making me uneasy here. Adieu.
TO MR. HAMMOND.
Philadelphia, May 15, 1793.
Sir,--Your several memorials of the 8th instant have been laid before
the President, as had been that of the 2d, as soon as received. They have
been considered with all the attention and the impartiality which a firm
determination to do what is equal and right between all the belligerent
powers, could inspire.
In one of these, you communicate, on the information of the British
consul at Charleston, that the consul of France at the same place had
condemned as legal prize, a British vessel, captured by a French frigate,
and you justly add that this judicial act is not warranted by the usage
of nations, nor by the stipulations existing between the United States
and France. I observe further, that it is not warranted by any law of
the land. It is consequently a mere nullity; as such it can be respected
in no court, can make no part in the title to the vessel, nor give to
the purchaser any other security than what he would have had without
it. In short, it is so absolutely nothing as to give no foundation of
just concern to any person interested in the fate of the vessel; and in
this point of view, Sir, I am in hopes you will see it. The proceeding,
indeed, if the British consul has been rightly informed, and we have
no other information of it, has been an act of disrespect towards the
United States, to which its government cannot be inattentive; a just
sense of our own rights and duties, and the obviousness of the principle,
are a security that no inconveniences will be permitted to arise from
repetitions of it.
The purchase of arms and military accoutrements by an agent of the French
government, in this country, with an intent to export them to France,
is the subject of another of the memorials. Of this fact we are equally
uninformed as of the former. Our citizens have been always free to make,
vend and export arms. It is the constant occupation and livelihood of
some of them. To suppress their callings, the only means perhaps of their
subsistence, because a war exists in foreign and distant countries, in
which we have no concern, would scarcely be expected. It would be hard
in principle, and impossible in practice. The law of nations, therefore,
respecting the rights of those at peace, does not require from them such
an internal derangement in their occupations. It is satisfied with the
external penalty pronounced in the President's proclamation, that of
confiscation of such portion of these arms as shall fall into the hands of
any of the belligerent powers on their way to the ports of their enemies.
To this penalty our citizens are warned that they will be abandoned;
and that even private contraventions may work no inequality between the
parties at war, the benefits of them will be left equally free and open
to all.
The capture of the British ship Grange by the French frigate l'Embuscade,
has on inquiry been found to have taken place within the bay of Delaware
and jurisdiction of the United States, as stated in your memorial of
the 2d instant. The government is, therefore, taking measures for the
liberation of the crew and restitution of the ship and cargo.
It condemns in the highest degree the conduct of any of our citizens who
may personally engage in committing hostilities at sea against any of the
nations, parties to the present war, and will exert all the means with
which the laws and Constitution have armed them to discover such as offend
herein, and bring them to condign punishment. Of these dispositions I am
authorized to give assurances to all the parties, without reserve. Our
real friendship for them all, our desire to pursue ourselves the path
of peace, as the only one leading surely to prosperity, and our wish to
preserve the morals of our citizens from being vitiated by courses of
lawless plunder and murder, may assure you that our proceedings in this
respect, will be with good faith, fervor and vigilance. Instructions
are consequently given to the proper law officer, to institute such
proceedings as the laws will justify, for apprehending and punishing
certain individuals of our citizens, suggested to have been concerned in
enterprises of this kind, as mentioned in one of your memorials of the
8th instant.
The practice of commissioning, equipping and manning vessels in our ports,
to cruise on any of the belligerent parties, is equally and entirely
disapproved; and the government will take effectual measures to prevent
a repetition of it. The remaining point in the same memorial is reserved
for further consideration.
I trust, Sir, that in the readiness with which the United States have
attended to the redress of such wrongs as are committed by their citizens,
or within their jurisdiction, you will see proofs of their justice and
impartiality to all parties; and that it will insure to their citizens
pursuing their lawful business by sea or by land, in all parts of the
world, a like efficacious interposition of governing powers to protect
them from injury, and redress it, where it has taken place. With such
dispositions on both sides, vigilantly and faithfully carried into effect,
we may hope that the blessings of peace on the one part, will be as little
impaired, and the evils of war on the other, as little aggravated, as the
nature of things will permit; and that this should be so, is, we trust,
the prayer of all.
I have the honor to be, with sentiments of respect, Sir, your most
obedient, and most humble servant.
TO M. DE TERNANT.[25]
Philadelphia, May 15, 1793.
Sir,--Having received several memorials from the British minister on
subjects arising out of the present war, I take the liberty of enclosing
them to you, and shall add an explanation of the determinations of the
government thereon. These will serve to indicate the principles on which
it is meant to proceed; and which are to be applied, with impartiality,
to the proceedings of both parties. They will form, therefore, as far as
they go, a rule of action for them as for us.
In one of these memorials, it is stated, that arms and military
accoutrements are now buying up by a French agent in this country, with
an intent to export them to France. We have answered, &c.
* * * * *
Another of these memorials complains that the consul of France at
Charleston, has condemned as legal prize, a British vessel captured by
a French frigate, observing that this judicial act is not warranted by
the usage of nations nor by the stipulations existing between the United
States and France. It is true, &c.
* * * * *
Our information is not perfect on the subject matter of another of these
memorials, which states that a vessel has been fitted out at Charleston,
manned there, and partly too with citizens of the United States, received
a commission there to cruise against nations at peace with us, and
has taken and sent a British vessel into this port. Without taking all
these facts for granted, we have not hesitated to express our highest
disapprobation of the conduct of any of our citizens who may personally
engage in committing hostilities at sea against any of the nations,
parties to the present war, and to declare, that if the case has happened,
or that should it happen, we will exert all the measures with which the
laws and Constitution have armed us, to discover such offenders and bring
them to condign punishment. And that the like conduct shall be observed,
should the like enterprises be attempted against your nation, I am
authorized to give you the most unreserved assurances.
* * * * *
The capture of the British ship Grange, by the French frigate l'Embuscade,
within the Delaware, has been the subject of a former letter to you. On
full and mature consideration, the government deems the capture to have
been unquestionably within its jurisdiction, and that according to the
rules of neutrality and the protection it owes to all persons while within
its limits, it is bound to see that the crew be liberated, and the vessel
and cargo restored to their former owners. The Attorney General of the
United States has made a statement of the grounds of this determination,
a copy of which I have the honor to enclose you. I am, in consequence,
charged by the President of the United States to express to you his
expectation, and at the same time his confidence, that you will be pleased
to take immediate and effectual measures for having the ship Grange and
her cargo restored to the British owners, and the persons taken on board
her set at liberty.
I am persuaded, Sir, you will be sensible, on mature consideration, that
in forming these determinations, the government of the United States has
listened to nothing but the dictates of immutable justice; they consider
the rigorous exercise of that virtue as the surest means of preserving
perfect harmony between the United States and the powers at war.
I have the honor to be, with sentiments of great respect, Sir, your most
obedient, and most humble servant.
FOOTNOTES:
[25] [The parts of this letter which are mere repetitions of what is
contained in the preceding, to the British minister, are omitted.]
TO J. MADISON.
Philadelphia, May 19, 1793.
* * * * *
I dare say you will have judged from the pusillanimity of the
proclamation, from whose pen it came. A fear lest any affection should be
discovered is distinguishable enough. This base fear will produce the very
evil they wish to avoid. For our constituents seeing that the government
does not express their mind, perhaps rather leans the other way, are
coming forward to express it themselves. It was suspected that there was
not a clear mind in the P's counsellors to receive Genet. The citizens,
however, determined to receive him. Arrangements taken for meeting him at
Gray's Ferry in a great body. He escaped that by arriving in town with the
letters which brought information that he was on the road. The merchants,
_i. e._ Fitzsimmons & Co., were to present an address to _the P._ on the
neutrality proclaimed. It contained much wisdom, but no affection. You
will see it in the papers enclosed. The citizens are determined to address
_Genet_. Rittenhouse, Hutcheson, Dallas, Sargeant, &c., were at the head
of it. Though a select body of only thirty was appointed to present it,
yet a vast concourse of people attended him. I have not seen it; but it is
understood to be the counter address. Ternant's hopes of employment in the
French army turn out to be without grounds. He is told by the Minister of
War expressly that the places of Marechal de Camp are all full. He thinks
it more prudent, therefore, to remain in America. He delivered yesterday
his letters of recall, and Mr. Genet presented his of credence. It is
impossible for anything to be more affectionate, more magnanimous than
the purport of his mission. We know that under present circumstances we
have a right to call upon you for the guarantee of our islands. But we do
not desire it. We wish you to do nothing but what is for your own good,
and we will do all in our power to promote it. Cherish your own peace and
prosperity. You have expressed a willingness to enter into a more liberal
treaty of commerce with us; I bring full powers (and he produced them) to
form such a treaty, and a preliminary decree of the National Convention to
lay open our country and its colonies to you for every purpose of utility,
without your participating the burthens of maintaining and defending them.
We see in you the only person on earth who can love us sincerely, and
merit to be so loved. In short, he offers everything, and asks nothing.
Yet I know the offers will be opposed, and suspect they will not be
accepted. In short, my dear Sir, it is impossible for you to conceive what
is passing in our conclave; and it is evident that one or two, at least,
under pretence of avoiding war on the one side, have no great antipathy
to run foul of it on the other, and to make a part in the confederacy of
princes against human liberty. The people in the western parts of this
State have been to the excise officer, and threatened to burn his house,
&c. They were blackened and otherwise disguised, so as to be unknown.
He has resigned, and H. says there is no possibility of getting the law
executed there, and that probably the evil will spread. A proclamation is
to be issued, and another instance of my being forced to appear to approve
what I have condemned uniformly from its first conception.
I expect every day to receive from Mr. Pinckney the model of the Scotch
threshing machine. It was to have come in a ship which arrived three weeks
ago, but the workman had not quite finished it. Mr. P. writes me word
that the machine from which my model is taken, threshes eight quarters
(sixty-four bushels) of oats _an hour_, with four horses and four men. I
hope to get it in time to have one erected at Monticello to clean out the
present crop. I enclose you the pamphlet you desired. Adieu.
TO THE GOVERNOR OF VIRGINIA.
Philadelphia, May 21, 1793.
Sir,--I have been duly honored with your favor of May the 8th, covering
the letter of Mr. Newton, and that of May the 13th, with the letter of
the British Consul at Norfolk and the information of Henry Tucker, all of
which have been laid before the President.
The putting the several harbors of the United States into a state of
defence, having never yet been the subject of deliberation and decision
with the Legislature, and consequently, the necessary moneys not having
been appropriated or levied, the President does not find himself in a
situation competent to comply with the proposition on the subject of
Norfolk.
Mr. Newton supposes, that by the treaties with France and Holland,
those powers are authorized to arm vessels within our ports. A careful
examination of the treaties will show, however, that no such permission
has been stipulated therein. Measures are accordingly taken to correct
this error as to the past, and others will be taken to prevent a
repetition of it. Proceedings are ordered against Mr. Hooper and other
American citizens who have participated in any hostilities against
nations at peace with the United States, and circular instructions
are given to the District Attorneys of the United States, to institute
like prosecutions in all future similar cases. The bringing vessels to,
of whatever nation, while within the limits of the protection of the
United States, will be pointedly forbidden; the government being firmly
determined to enforce a peaceable demeanor among all the parties within
those limits, and to deal to all the same impartial measure.
I have the honor to be, with the most perfect respect, your Excellency's
most obedient, and most humble servant.
TO MR. VAN BERCKEL.
Philadelphia, May 29, 1793.
Sir,--I am favored with your note of the 22d instant, stating that under
circumstances of invasion and urgent danger, their High Mightinesses,
the States General of the United Netherlands, had found it necessary to
lay an embargo on all vessels in their ports; and that an American ship,
the Hope, being involved in this general order, the master had claimed
an exemption under the eighth article of our treaty, which it had been
necessary to refuse him.
I have laid this note before the President of the United States, and
have it in charge from him to assure you, that the United States having
the utmost confidence in the sincerity and good faith with which their
High Mightinesses will observe the treaty between the two countries,
feel no dissatisfaction at the circumstance mentioned in your note. They
are sensible that in human affairs, there are moments of difficulty and
necessity, to which it is the office of friendship to accommodate its
strict rights.
The President considers the explanation, which their High Mightinesses
have instructed you to give of this incident, as a proof of their desire
to cultivate harmony and good understanding with these United States,
and charges me to assure you that he has nothing more at heart than to
convince their High Mightinesses of the same amicable sentiments on the
part of this country, and of the certainty with which they may count on
its justice and friendship on every occasion.
I have the honor to be, with great respect and esteem, Sir, your most
obedient, and most humble servant.
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, May 31, 1793.
Gentlemen,--In my letters of October the 14th and November the 3d, 1792,
I communicated to you papers and observations on the conduct of the
Spanish officers on our south-western frontier, and particularly of the
Baron de Carondelet, the Governor of New Orleans. These made it evident
that he had industriously excited the southern Indians to war against us,
and had furnished them with arms and ammunition in abundance, for that
express purpose. We placed this under the view of the commissioners of
Spain here, who undertook to communicate it to their court, and also to
write on the subject to the Baron de Carondelet. They have lately made us
communications from both these quarters; the aspect of which, however,
is by no means such as to remove the causes of our dissatisfaction. I
send you these communications, consisting of treaties between Spain, the
Creeks, Choctaws, Chickasaws, and Cherokees, handed us by express order
from their court, a speech of Baron de Carondelet to the Cherokees, and
a letter from Messrs. de Viar and Jaudenes, covering that speech, and
containing in itself very serious matter.
I will first observe to you, that the question stated in that letter to
have been proposed to the Cherokees, what part they would take, in the
event of a war between the United States and Spain? was never proposed by
authority from this government. Its instructions to its agents have, on
the contrary, been explicitly to cultivate, with good faith, the peace
between Spain and the Indians; and from the known prudence and good
conduct of Governor Blount, to whom it is imputed, it is not believed to
have been proposed by him. This proposition then, you are authorized to
disavow to the court of Madrid, in the most unequivocal terms.
With respect to the treaties, the speech and the letter, you will see that
they undertake to espouse the concerns of Indians within our limits; to be
mediators of boundary between them and us; to guarantee that boundary to
them; to support them with their whole power; and hazard to us intimations
of acquiescence to avoid disagreeable results. They even propose to extend
their intermeddlings to the northern Indians. These are pretensions so
totally inconsistent with the usages established among the white nations,
with respect to Indians living within their several limits, that it
is believed no example of them can be produced, in times of peace; and
they are presented to us in a manner which we cannot deem friendly. The
consequence is, that the Indians, and particularly the Creeks, finding
themselves so encouraged, have passed, without the least provocation on
our part, from a state of peace, which appeared to be well settled, to
that of serious hostility. Their murders and depredations, which, for
some months, we were willing to hope were only individual aggressions,
now assume the appearance of unequivocal war. Yet such is our desire
of courting and cultivating the peace of all our Indian neighbors, that
instead of marching at once into their country and taking satisfaction
ourselves, we are peaceably requiring punishment of the individual
aggressors; and, in the meantime, are holding ourselves entirely on the
defensive. But this state of things cannot continue. Our citizens are
entitled to effectual protection, and defensive measures are, at the same
time, the most expensive and least effectual. If we find then, that peace
cannot be obtained by the temperate means we are still pursuing, we must
proceed to those which are extreme, and meet all the consequences, of
whatever nature, or from whatever quarter they may be. We have certainly
been always desirous to avoid whatever might disturb our harmony with
Spain. We should be still more so, at a moment when we see that nation
making part of so powerful a confederacy as is formed in Europe, and under
particular good understanding with England, our other neighbor. In so
delicate a position, therefore, instead of expressing our sense of these
things, by way of answer to Messrs. Viar and Jaudenes, the President has
thought it better that it should be done to you, and to trust to your
discretion the moment, the measure, and the form of communicating it
to the court of Madrid. The actual state of Europe at the time you will
receive this, the solidity of the confederacy, and especially as between
Spain and England, the temper and views of the former, or of both, towards
us, the state of your negotiation, are circumstances which will enable you
better to decide how far it may be necessary to soften, or even perhaps
to suppress, the expressions of our sentiments on this subject. To your
discretion, therefore, it is committed by the President, to let the court
of Spain see how impossible it is for us to submit with folded arms to
be butchered by these savages, and to prepare them to view, with a just
eye, the more vigorous measures we must pursue to put an end to their
atrocities, if the moderate ones we are now taking should fail of that
effect.
Our situation on other accounts and in other quarters, is critical. The
President is, therefore, constantly anxious to know the state of things
with you, and I entreat you to keep him constantly and well-informed.
Mr. Yznardi, the younger, lately appointed consul of the United States at
Cadiz, may be a convenient channel of forwarding your letters.
I have the honor to be, with great esteem and respect, Gentlemen, your
most obedient, and most humble servant.
TO JAMES MADISON.
June 2, 1793.
I wrote you on the 27th ult. You have seen in the papers that some
privateers have been fitted out in Charleston by French citizens, with
their own money, manned by themselves, and regularly commissioned by
their nation. They have taken several prizes, and brought them into
our ports. Some native citizens had joined them. These are arrested and
under prosecution, and orders are sent to all the ports to prevent the
equipping privateers by any persons foreign or native. So far is right.
But the vessels so equipped at Charleston are ordered to leave the
ports of the United States. This I think was not right. Hammand demanded
further surrender of the prizes they had taken. This is refused on the
principle that by the laws of war the property is transferred to the
captors. You will see in a paper I enclose, Dumourier's "Address to his
nation, and also Saxe Cobourg." I am glad to see a probability that the
constitution of 1791, would be the term at which the combined powers would
stop. Consequently, that the re-establishment of that is the worst the
French have to fear. I am also glad to see that the combiners adopt the
slow process of nibbling at the strong posts on the frontiers. This will
give to France a great deal of time. The thing which gives me uneasiness
is their internal combustion. This may by famine be rendered extreme.
E. R. sets out the day after to-morrow for Virginia. I have no doubt
he is charged to bring back a faithful statement of the dispositions
of that State. I wish therefore he may fall into hands which will not
deceive him. Have you time and the means of impressing Wilson Nicholas
(who will be much with E. R.) with the necessity of giving him a strong
and perfect understanding of the public mind? Considering that this
journey may strengthen his nerves, and dispose him more favorably to the
propositions of a treaty between the two republics, knowing that in this
moment the division on that question is 4 to 1, and that the last news has
no tendency to proselyte any of the majority, I have myself proposed to
refer taking up the question till his return. There is too at this time
a lowering disposition perceivable both in England and Spain. The former
keeps herself aloof, and in a state of incommunication with us, except
in the way of demand. The latter has not begun auspiciously with C. and
S. at Madrid, and has lately sent 1,500 men to New Orleans, and greatly
strengthened her upper posts on the Mississippi. I think it more probable
than otherwise that Congress will be convened before the constitutional
day. About the last of July this may be known. I should myself wish to
keep their meeting off to the beginning of October, if affairs will permit
it. The invasion of the Creeks is what will most likely occasion its
convocation. You will see Mrs. House's death mentioned in the papers. She
extinguished almost like a candle. I have not seen Mrs. Trist since, but
I am told she means to give up the house immediately, and that she has
suffered great loss in her own fortune by exertions hitherto to support
it. Browse is not returned, nor has been heard of for some time. Bartram
is extremely anxious to get a large supply of seeds of the Kentucky
coffee tree. I told him I would use all my interest with you to obtain
it, as I think I heard you say that some neighbors of yours had a large
number of trees. Be so good as to take measures for bringing a good
quantity, if possible, to Bartram when you come to Congress. Adieu. Yours
affectionately.
TO MR. RANDOLPH.
Philadelphia, June 2, 1793.
Dear Sir,--I have to acknowledge the receipt of yours of May 16th, with
the information always pleasing of your being all well. In addition to
the news which you will see in the papers, we now have the certainty
of Dumourier's operation. He had proposed an armistice to the Prince
of Saxe Cobourg, which was agreed to on condition of his withdrawing
his troops from the Netherlands. He did so; it was then agreed that he
should march with his army (on whom he thought he could rely) to Paris,
and re-establish the constitution of 1791. On which Cobourg stipulated
peace on the part of the Emperor and K. of Prussia. Dumourier's army knew
nothing of this. He made them believe the deputies sent from the National
Assembly were to arrest and carry him to Paris to be tried for his defeat
of the 18th to the 22d of March. They considered this as an injury to
themselves, and really loved and confided in him. They set out with him,
but very soon began to suspect his purpose was to overset the republic,
and set up a king. They began to drop off in parties, and at length in a
body refused to go further. On this he fled with two regiments of horse,
mostly foreigners, to the Austrians. His Saxe Cobourg's address to the
French nation prove all this. Hostilities recommenced; and the combiners
have determined not to attempt to march to Paris, as the last year, but
to take all the strong places on the frontier. This will at least give
time to the republic. The first thing to be feared for them is famine.
This will infallibly produce anarchy. Indeed, that joined to a draught of
soldiers, has already produced some serious insurrections. It is still
a comfort to see by the address of Dumourier and Saxe Cobourg that the
constitution of 1791 is the worst thing which is to be forced on the
French. But even the falling back to that would give wonderful vigor to
our monocrats, and unquestionably affect the tone of administering our
government. Indeed, I fear that if this summer should prove disastrous
to the French, it will damp that energy of republicanism in our new
Congress, from which I had hoped so much reformation. We have had here
for a considerable time past true winter weather, quite cold enough for
white frost. Though that accident has not happened, fires are still kept
up, having been intermitted only for short intervals of very hot weather.
I have not yet received my model of the threshing mill. I wish it may come
in time for the present crop; after so mild a winter as the last we must
expect weavil. My love to my dear Martha, and kiss the little ones for
me. Adieu my dear Sir. Yours with constant affection.
MR. GENET, MINISTER PLENIPOTENTIARY OF FRANCE.
Philadelphia, June 5, 1793.
Sir,--In my letter of May the 15th, to M. de Ternant, your predecessor,
after stating the answer which had been given to the several memorials of
the British minister, of May the 8th, it was observed that a part still
remained unanswered of that which respected the fitting out of armed
vessels in Charleston, to cruise against nations with whom we were at
peace.
In a conversation which I had afterwards the honor of holding with you,
I observed that one of those armed vessels, the citizen Genet, had come
into this port with a prize; that the President had thereupon taken
the case into further consideration, and after mature consultation and
deliberation, was of opinion, that the arming and equipping vessels in
the ports of the United States to cruise against nations with whom they
are at peace, was incompatible with the territorial sovereignty of the
United States; that it made them instrumental to the annoyance of those
nations, and thereby tended to compromit their peace; and that he thought
it necessary as an evidence of good faith to them, as well as a proper
reparation to the sovereignty of the country, that the armed vessels of
this description should depart from the ports of the United States.
The letter of the 27th instant, with which you have honored me, has
been laid before the President, and that part of it which contains your
observations on this subject has been particularly attended to. The
respect due to whatever comes from you, friendship for the French nation,
and justice to all, have induced him to re-examine the subject, and
particularly to give your representations thereon, the consideration they
deservedly claim. After fully weighing again, however, all the principles
and circumstances of the case, the result appears still to be, that it is
the _right_ of every nation to prohibit acts of sovereignty from being
exercised by any other within its limits; and the _duty_ of a neutral
nation to prohibit such as would injure one of the warring powers; that
the granting military commissions within the United States by any other
authority than their own, it is an infringement on their sovereignty, and
particularly so when granted to their own citizens to lead them to acts
contrary to the duties they owe their own country; that the departure
of vessels thus illegally equipped from the ports of the United States,
will be but an acknowledgment of respect analogous to the breach of it,
while it is necessary on their part, as an evidence of their faithful
neutrality. On these considerations, Sir, the President thinks that the
United States owe it to themselves and to the nations in their friendship,
to expect this act of reparation on the part of vessels, marked in their
very equipment with offence to the laws of the land, of which the laws of
nations makes an integral part.
The expressions of friendly sentiments which we have already had the
satisfaction of receiving from you, leave no room to doubt that the
conclusion of the President being thus made known to you, these vessels
will be permitted to give no further umbrage by their presence in the
ports of the United States.
I have the honor to be, with sentiments of perfect esteem and respect,
Sir, your most obedient, and most humble servant.
TO MR. HAMMOND.
Philadelphia, June 5, 1793.
Sir,--In the letter which I had the honor of writing you on the 15th
of May, in answer to your several memorials of the 8th of that month, I
mentioned that the President reserved for further consideration, a part
of the one which related to the equipment of two privateers in the port
of Charleston. The part alluded to, was that wherein you express your
confidence that the executive government of the United States would pursue
measures for repressing such practices in future, and for restoring to
their rightful owners any captures, which such privateers might bring into
the ports of the United States.
The President, after a full investigation of this subject and the most
mature consideration, has charged me to communicate to you, that the first
part of this application is found to be just, and that effectual measures
are taken for preventing repetitions of the act therein complained of; but
that the latter part, desiring restitution of the prizes, is understood
to be inconsistent with the rules which govern such cases, and would,
therefore, be unjustifiable towards the other party.
The principal agents in this transaction were French citizens. Being
within the United States at the moment a war broke out between their own
and another country, they determine to go into its defence; they purchase,
they arm and equip a vessel with their own money, man it themselves,
receive a regular commission from their nation, depart out of the
United States, and then commence hostilities by capturing a vessel. If,
under these circumstances, the commission of the captors was valid, the
property, according to the laws of war, was by the capture transferred to
them, and it would be an aggression on their nation, for the United States
to rescue it from them, whether on the high seas or on coming into their
ports. If the commission was not valid, and, consequently, the property
not transferred by the laws of war to the captors, then the case would
have been cognizable in our courts of admiralty, and the owners might
have gone thither for redress. So that on neither supposition, would the
executive be justifiable in interposing.
With respect to the United States, the transaction can be in nowise
imputed to them. It was the first moment of the war, in one of their most
distant ports, before measures could be provided by the government to meet
all the cases which such a state of things was to produce, impossible to
have been known, and therefore, impossible to have been prevented by that
government.
The moment it was known, the most energetic orders were sent to every
State and port of the Union, to prevent a repetition of the accident.
On a suggestion that citizens of the United States had taken part in
the act, one, who was designated, was instantly committed to prison,
for prosecution; one or two others have been since named, and committed
in like manner; and should it appear that there were still others, no
measures will be spared to bring them to justice. The President has even
gone further. He has required, as a reparation of their breach of respect
to the United States, that the vessels so armed and equipped, shall depart
from our ports.
You will see, Sir, in these proceedings of the President, unequivocal
proofs of the line of strict right which he means to pursue. The measures
now mentioned, are taken in justice to the one party; the ulterior
measure, of seizing and restoring the prizes, is declined in justice to
the other; and the evil, thus early arrested, will be of very limited
effects; perhaps, indeed, soon disappear altogether.
I have the honor to be, with sentiments of respect, Sir, your most
obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
June 6, 1793.
I cannot but think that to decline the propositions of Mr. Genet on the
subject of our debt, without assigning any reason at all, would have a
very dry and unpleasant aspect indeed. We are then to examine what are our
good reasons for the refusal, which of them maybe spoken out, and which
may not. 1st. Want of confidence in the continuance of the present form of
government, and consequently that _advances_ to them might commit us with
their successors. This cannot be spoken out. 2d. Since they propose to
take the debt in produce, it would be better for us that it should be done
in moderate masses yearly, than all in one year. This cannot be professed.
3d. When M. de Calonne was Minister of Finance, a Dutch company proposed
to buy up the whole of our debt, by dividing it into actions or shares.
I think Mr. Claviere, now Minister of Finance, was their agent. It was
observed to M. de Calonne, that to create such a mass of American paper,
divide it into shares, and let them deluge the market, would depreciate
the rest of our paper, and our credit in general; that the credit of a
nation was a delicate and important thing, and should not be risked on
such an operation. M. de Calonne, sensible of the injury of the operation
to us, declined it. In May, 1791, there came, through Mr. Otto, a similar
proposition from Schweizer, Jeanneret & Co. We had a communication on
the subject from Mr. Short, urging this same reason strongly. It was
referred to the Secretary of the Treasury, who, in a letter to yourself,
assigned the reasons against it, and these were communicated to Mr. Otto,
who acquiesced in them. This objection, then, having been sufficient to
decline the proposition twice before, and having been urged to the two
preceding forms of government (the ancient and that of 1791), will not
be considered as founded in objections to the present form. 4th. The law
allows the whole debt to be paid only on condition it can be done on terms
_advantageous_ to the United States. The minister foresees this objection,
and thinks he answers it by observing the _advantage_ which the payment in
_produce_ will occasion. It would be easy to show that this was not the
sort of advantage the Legislature meant, but a _lower rate of interest_.
5th. I cannot but suppose that the Secretary of the Treasury, being much
more familiar than I am with the money operations of the Treasury, would,
on examination, be able to derive practical objections from them. We
pay to France but five per cent. The people of this country would never
subscribe their money for less than six. If, to remedy this, obligations
at less than five per cent. were offered, and accepted by Genet, he must
part with them immediately, at a considerable discount, to indemnify the
loss of the one per cent., and at still greater discount to bring them
down to par with our present six per cent., so that the operation would
be equally disgraceful to us and losing to them, &c., &c.
I think it very material myself to keep alive the friendly sentiments
of that country, as far as can be done without risking war or double
payment. If the instalments falling due this year can be advanced,
without incurring those dangers, I should be for doing it. We now see by
the declaration of the Prince of Saxe Cobourg, on the part of Austria
and Prussia, that the ultimate point they desire is to restore the
constitution of 1791. Were this even to be done before the pay days of
this year, there is no doubt in my mind but that that government (as
republican as the present, except in the form of its Executive) would
confirm an advance so moderate in sum and time. I am sure the _nation_
of France would never suffer their government to go to war _with us_ for
such a _bagatelle_, and the more surely if that bagatelle shall have been
granted by us so as to _please_ and not to _displease_ the nation; so as
to keep their affections engaged on our side. So that I should have no
fear in advancing the instalments of this year at epochs convenient to the
Treasury. But at any rate should be for assigning reasons for not changing
the form of the debt. These thoughts are very hastily thrown on paper, as
will be but too evident.
I have the honor to be, with sentiments of sincere attachment and respect,
Sir, your most obedient, and most humble servant.
TO JAMES MADISON.
June 9, 1793.
I have to acknowledge the receipt of your two favors of May 27th and
29th, since the date of my last which was of the 2d instant. In that of
the 27th you say you must not make your final exit from public life till
it will be marked with justifying circumstances which all good citizens
will respect, and to which your friends can appeal. To my fellow-citizens
the debt of service has been fully and faithfully paid. I acknowledge
that such a debt exists, that a tour of duty, in whatever line he can
be most useful to his country, is due from every individual. It is not
easy perhaps to say of what length exactly this tour should be, but we
may safely say of what length it should not be. Not of our whole life,
for instance, for that would be to be born a slave--not even of a very
large portion of it. I have now been in the public service four and
twenty years; one half of which has been spent in total occupation with
their affairs, and absence from my own. I have served my tour then. No
positive engagement, by word or deed, binds me to their further service.
No commitment of their interests in any enterprise by me requires that
I should see them through it. I am pledged by no act which gives any
tribunal a call upon me before I withdraw. Even my enemies do not pretend
this. I stand clear then of public right on all points--my friends I have
not committed. No circumstances have attended my passage from office to
office, which could lead them, and others through them, into deception
as to the time I might remain, and particularly they and all have known
with what reluctance I engaged and have continued in the present one, and
of my uniform determination to return from it at an early day. If the
public then has no claim on me, and my friends nothing to justify, the
decision will rest on my own feelings alone. There has been a time when
these were very different from what they are now; when perhaps the esteem
of the world was of higher value in my eye than everything in it. But age,
experience and reflection preserving to that only its due value, have set
a higher on tranquillity. The motion of my blood no longer keeps time
with the tumult of the world. It leads me to seek for happiness in the
lap and love of my family, in the society of my neighbors and my books,
in the wholesome occupations of my farm and my affairs, in an interest
or affection in every bud that opens, in every breath that blows around
me, in an entire freedom of rest, of motion, of thought, owing account
to myself alone of my hours and actions. What must be the principle of
that calculation which should balance against these the circumstances of
my present existence--worn down with labors from morning to night, and
day to day; knowing them as fruitless to others as they are vexatious to
myself, committed singly in desperate and eternal contest against a host
who are systematically undermining the public liberty and prosperity, even
the rare hours of relaxation sacrificed to the society of persons in the
same intentions, of whose hatred I am conscious even in those moments of
conviviality when the heart wishes most to open itself to the effusions
of friendship and confidence, cut off from my family and friends, my
affairs abandoned to chaos and derangement, in short, giving everything
I love in exchange for everything I hate, and all this without a single
gratification in possession or prospect, in present enjoyment or future
wish. Indeed, my dear friend, duty being out of the question, inclination
cuts off all argument, and so never let there be more between you and me,
on this subject.
I enclose you some papers which have passed on the subject of a new town.
You will see by them that the paper Coryphæus is either undaunted or
desperate. I believe that the statement enclosed has secured a decision
against his proposition. I dined yesterday in a company where Morris
and Bingham were, and happened to sit between them. In the course of
a conversation after dinner, Morris made one of his warm declarations
that after the expiration of his present senatorial term, nothing on
earth should ever engage him to serve again in any public capacity.
He did this with such solemnity as renders it impossible he should not
be in earnest. The President is not well. Little lingering fevers have
been hanging about him for a week or ten days, and affected his looks
most remarkably. He is also extremely affected by the attacks made and
kept up on him in the public papers. I think he feels those things more
than any person I ever yet met with. I am sincerely sorry to see them.
I remember an observation of yours, made when I first went to New York,
that the satellites and sycophants which surrounded him had wound up the
ceremonials of the government to a pitch of stateliness which nothing
but his personal character could have supported, and which no character
after him could ever maintain. It appears now that even his will be
insufficient to justify them in the appeal of the times to common sense
as the arbiter of everything. Naked he would have been sanctimoniously
reverenced; but enveloped in the rags of royalty, they can hardly be torn
off without laceration. It is the more unfortunate that this attack is
planted on popular ground, on the love of the people to France and its
cause, which is universal. Genet mentions freely enough in conversation
that France does not wish to involve us in the war by our guarantee. The
information from St. Domingo and Martinique is, that those two islands
are disposed and able to resist any attack which Great Britain can make
on them by land. A blockade would be dangerous, could it be maintained in
that climate for any length of time. I delivered to Genet your letter to
Roland. As the latter is out of office, he will direct it to the minister
of the Interior. I found every syllable of it strictly proper. Your
ploughs shall be duly attended to. Have you ever taken notice of Tull's
horse-houghing plough? I am persuaded that where you wish your work to
be very exact, and our great plough where a less degree will suffice,
leave us nothing to wish for from other countries as to ploughs, under
our circumstances. I have not yet received my threshing machine. I fear
the late, long, and heavy rains must have extended to us, and effected
our wheat. Adieu. Yours affectionately.
TO GOUVERNEUR MORRIS.
Philadelphia, June 13, 1793.
Dear Sir,--The insulated state in which France is placed with respect
to almost all the world, by the present war, has cut off all means of
addressing letters to you through other countries. I embrace the present
occasion by a private individual going to France directly, to mention,
that since the date of my last public letter, which was April the 24th,
and which covered the President's proclamation of April, I have received
your Nos. 17 to 24. M. de Ternant notified us of his recall on the 17th of
May, and delivered the letter of the Provisory Executive Council to that
effect. I now enclose you the President's answer to the Council, which you
will be pleased to deliver; a copy of it is also enclosed, open, for your
information. Mr. Genet delivered his credentials on the same day on which
M. de Ternant took his leave, and was received by the President. He found
himself immediately immersed in business, the consequence of this war. The
incidents to which that gives daily rise, and the questions respecting
chiefly France and England, fills the executive with business, equally
delicate, difficult and disagreeable. The course intended to be pursued
being that of a strict and impartial neutrality, decisions rendered by
the President rigorously on that principle, dissatisfy both parties, and
draw complaints from both. That you may have a proper idea of them, I
enclose you copies of several memorials and letters, which have passed
between the executive and the ministers of those two countries, which will
at the same time develop the principles of the proceedings, and enable
you to satisfy them in your communications, should it be necessary. I
enclose also the answer given to Mr. Genet, on a proposition from him
to pay up the whole of the French debt at once. While it will enable you
to explain the impracticability of the operation proposed, it may put it
in your power to judge of the answer which would be given to any future
proposition to that effect, and perhaps to prevent their being brought
forward. The bill lately passed in England, prohibiting the business of
this country with France from passing through the medium of England, is a
temporary embarrassment to our commerce, from the unhappy predicament of
its all hanging on the pivot of London. It will be happy for us, should it
be continued till our merchants may establish connections in the countries
in which our produce is consumed, and to which it should go directly.
Our commissioners have proceeded to the treaty with the northwestern
Indians. They write, however, that the treaty will be a month later than
was expected. This delay, should it be extended, will endanger our losing
the benefit of our preparations for the campaign, and consequently bring
on a delicate question, whether these shall be relinquished for the
result of a treaty in which we never had any confidence? The Creeks have
proceeded in their depredations till they assume the appearance of formal
war. It scarcely seems possible to avoid its becoming so. They are so
strong and so far from us, as to make very serious addition to our Indian
difficulties. It is very probable that some of the circumstances arising
out of our affairs with the Indians, or with the belligerent powers of
Europe, may occasion the convocation of Congress at an earlier day than
that to which its meeting stands at present.
I send you the forms of the passports given here. The one in three
columns is that now used; the other having been soon discontinued. It
is determined that they shall be given in our own ports only, and to
serve but for one voyage. It has also been determined, that they shall
be given to all vessels _bona fide_ owned by American citizens _wholly_,
whether built here or not. Our property, whether in the form of vessels,
cargoes, or anything else, has a right to pass the seas untouched by
any nation, by the law of nations; and no one has a right to ask where a
vessel was built, but where is she owned? To the security which the law
of nations gives to such vessels against all nations, are added particular
stipulations with three of the belligerent powers. Had it not been in our
power to enlarge our national stock of shipping suddenly in the present
exigency, a great proportion of our produce must have remained on our
hands for want of the means of transportation to market. At this time,
indeed, a great proportion is in that predicament. The most rigorous
measures will be taken to prevent any vessel, not wholly and _bona fide_
owned by American citizens, from obtaining our passports. It is much our
interest to prevent the competition of other nations from taking from us
the benefits we have a right to expect from the neutrality of our flag;
and I think we may be very sure that few, if any, will be fraudulently
obtained within our ports.
Though our spring has been cold and wet, yet the crops of small grain are
as promising as they have ever been seen. The Hessian fly, however, to the
north, and the weavil to the south of the Potomac, will probably abridge
the quantity. Still it seems very doubtful whether we shall not lose more
for want of the means of transportation, and I have no doubt that the
ships of Sweden and Denmark would find full employment here.
We shall endeavor to get your newspapers under the care of Major Reid,
the bearer of this letter.
I have the honor to be, with great respect and esteem, dear Sir, your most
obedient, and most humble servant.
TO MR. PINCKNEY.
Philadelphia, June 14, 1793.
My last letters to you have been of the 7th of May and 4th instant. Since
the last date, yours of April the 15th has come to hand.
I enclose you several memorials and letters which have passed between
the Executive and the ministers of France and England. These will develop
to you the principles on which we are proceeding between the belligerent
powers. The decisions being founded in what is conceived to be rigorous
justice, give dissatisfaction to both parties, and produce complaints
from both. It is our duty, however, to persevere in them, and to meet
the consequences. You will observe that Mr. Hammond proposes to refer
to his court the determination of the President, that the prizes taken
by the Citoyen Genet, could not be given up. The reasons for this are
explained in the papers. Mr. Genet had stated that she was manned by
French citizens. Mr. Hammond had not stated the contrary before the
decision. Neither produced any proofs. It was therefore supposed that
she was manned, principally, with French citizens. After the decision,
Mr. Hammond denies the fact, but without producing any proof. I am really
unable to say how it was; but I believe it to be certain there were very
few Americans. He says, the issuing the commission, &c., by Mr. Genet,
within our territory, was an infringement of our sovereignty; therefore,
the proceeds of it should be given up to Great Britain. The infringement
was a matter between France and us. Had we insisted on any penalty or
forfeiture by way of satisfaction to our insulted rights, it would have
belonged to us, not to a third party. As between Great Britain and us,
considering all the circumstances explained in the papers, we deemed
we did enough to satisfy her. We are, moreover, assured, that it is the
standing usage of France, perhaps too of other nations in all wars, to
lodge blank commissions with all their foreign consuls, to be given to
every vessel of their nation, merchant or armed; without which a merchant
vessel would be punished as a pirate, were she to take the smallest
thing of the enemy that should fall in her way. Indeed, the place of the
delivery of a commission is immaterial. As it may be sent by letter to
any one, so it may be delivered by hand to him anywhere. The place of
_signature by the Sovereign_ is the material thing. Were that to be done
in any other jurisdiction than his own, it might draw the validity of
the act into question. I mention these things, because I think it would
be proper, that after considering them and such other circumstances as
appear in the papers, or may occur to yourself, you should make it the
subject of a conversation with the minister. Perhaps it may give you an
opportunity of touching on another subject. Whenever Mr. Hammond applies
to our government on any matter whatever, be it ever so new or difficult,
if he does not receive his answer in two or three days or a week, we are
goaded with new letters on the subject. Sometimes it is the sailing of
the packet, which is made the pretext for forcing us into premature and
undigested determinations. You know best how far your applications meet
such early attentions, and whether you may with propriety claim a return
of them; you can best judge, too, of the expediency of an intimation, that
where despatch is not reciprocal, it may be expedient and justifiable that
delay should be so.
Our Commissioners have set out for the place of treaty with the North
Western Indians. They have learned on their arrival at Niagara that
the treaty will be a month later than was expected. Should further
procrastination take place, it may wear the appearance of being intended
to make us lose the present campaign, for which all our preparations are
made. We have had little expectations of any favorable result from the
treaty; and whether for such a prospect we should give up a campaign,
will be a disagreeable question. The Creeks have proceeded in their
depredations and murder till they assume the appearance of unequivocal
war. It scarcely seems possible to avoid its becoming so. It is very
possible that our affairs with the Indians or with the belligerent powers
of Europe, may occasion the convocation of Congress at an earlier day than
that to which its meeting stands at present.
Though our spring has been cold and wet, yet the crops of small grain
are as promising as could be desired. They will suffer, however, by the
Hessian fly to the north and the weavil to the south of the Patowmac.
My letter of the 4th instant was written to go by the Packet, but hearing
before its departure that Major Jackson was to go in a few days by a
private vessel, it was committed to him, as is also the present letter.
I have the honor to be, with great and sincere esteem, dear Sir, your most
obedient, and most humble servant.
TO M. GENET.
Philadelphia, June 17, 1793.
Sir,--I have received and laid before the President your letter of the
14th instant, stating that certain judiciary officers of the United
States, contrary to the laws of nations, and the treaties subsisting
between France and the United States, had arrested certain vessels and
cargoes taken by a French armed vessel and brought into this port, and
desiring that the authority of the President might be interposed to
restore the prizes with the damages for their detention.
By the laws of this country every individual claiming a right to any
article of property, may demand process from a court of justice, and
decision on the validity of his claim. This is understood to be the case,
which is the subject of your letter. Individuals claiming a right to the
prizes, have attached them by process from the Court of Admiralty, which
that Court was not free to deny, because justice is to be denied to no
man. If, at the hearing of the cause, it shall be found that it is not
cognizable before that Court, you may so far rely on its learning and
integrity as to be assured it will so pronounce itself. In like manner,
if having jurisdiction of the causes, it shall find the rights of the
claimants to be null, be assured it will pronounce that nullity, and in
either case the property will be restored, but whether with damages or
not, the Court alone is to decide. It happens in this particular case that
the rule of decision will be not the municipal laws of the United States
but the law of nations, and the law maritime, as admitted and practised
in all civilized countries, that the same sentence will be pronounced
here, that would be pronounced in the Republic of France, or in any other
country of Europe; and that if it should be unfavorable to the captors,
it will be for reasons understood and acknowledged in your own country,
and for the justice of which we might safely appeal to the jurists of your
own country. I will add, that if the seizure should be found contrary to
the treaties subsisting between France and the United States, the judges
will consider these treaties as constituting a conventional law for the
two nations, controlling all other laws, and will decree accordingly. The
functions of the Executive are not competent to the decision of questions
of property between individuals. These are ascribed to the judiciary
alone, and when either persons or property are taken into their custody,
there is no power in this country that can take them out. You will,
therefore, be sensible, Sir, that though the President is not the organ
for doing what is just in the present case, it will be effectually done
by those to whom the Constitution has ascribed the duty, and be assured
that the interests, the rights and the dignity of the French nation will
receive within the bosom of the United States all the support which a
friendly nation could desire, and a natural one yield.
I have the honor to be, with sentiments of great respect and esteem, Sir,
your most obedient, and most humble servant.
TO MR. GENET.
Philadelphia, June 17, 1793.
Sir,--I shall now have the honor of answering your letter of the 1st
instant, and so much of that of the 14th (both of which have been laid
before the President) as relates to a vessel armed in the port of New York
and about to depart from thence, but stopped by order of the Government.
And here I beg leave to premise, that the case supposed in your letter,
of a vessel arming for her own defence, and to repel unjust aggressions,
is not that in question, nor that on which I mean to answer, because not
having yet happened, as far as is known to the Government, I have no
instructions on the subject. The case in question is that of a vessel
armed, equipped, and manned in a port of the United States, for the
purpose of committing hostilities on nations at peace with the United
States.
As soon as it was perceived that such enterprises would be attempted,
orders to prevent them were despatched to all the States and ports of
the Union. In consequence of these, the Governor of New York, receiving
information that a sloop heretofore called the Polly, now the Republican,
was fitting out, arming, and manning in the port of New York, for the
express and sole purpose of cruising against certain nations with whom
we are at peace, that she had taken her guns and ammunition aboard, and
was on the point of departure, seized the vessel. That the Governor was
not mistaken in the previous indications of her object, appears by the
subsequent avowal of the citizen Hauterieve, consul of France at that
port, who, in a letter to the Governor, reclaims her as "Un vaisseau
armé en guerre, et pret à mettre à la voile;" and describes her object
in these expressions: "Cet usage etrange de la force publique contre les
citoyens d'une nation amie qui se reunissent ici _pour aller defendre
leur freres_," &c.; and again: "Je requiers, monsieur, l'autorité dont
vous etes revetu, pour faire rendre à des Francois, à des alliés, &c.,
la liberté _de voler au secours de leur patrie_." This transaction being
reported to the President, orders were immediately sent to deliver over
the vessel, and the persons concerned in the enterprise, to the tribunals
of the country, that if the act was of those forbidden by the law, it
might be punished; if it was not forbidden, it might be so declared, and
all persons apprized of what they might or might not do.
This, we have reason to believe, is the true state of the case, and
it is a repetition of that which was the subject of my letter of the
5th instant, which animadverted, not merely on the single fact of the
granting commissions of war by one nation within the territory of another,
but on the aggregate of the facts; for it states the opinion of the
President to be, "that the arming and equipping vessels in the ports of
the United States, to cruise against nations with whom we are at peace,
was incompatible with the sovereignty of the United States; that it
made them instrumental to the annoyance of those nations, and thereby
tended to commit their peace." And this opinion is still conceived to
be not contrary to the principles of natural law, the usage of nations,
the engagements which unite the two people, nor the proclamation of the
President, as you seem to think.
Surely, not a syllable can be found in the last-mentioned instrument,
permitting the preparation of hostilities in the ports of the United
States. Its object was to enjoin on our citizens "a friendly conduct
towards all the belligerent powers;" but a preparation of hostilities is
the reverse of this.
None of the engagements in our treaties stipulate this permission. The
XVIIth article of that of commerce, permits the armed vessels of either
party to enter the ports of the other, and to depart with their prizes
freely; but the entry of an armed vessel into a port, is one act; the
equipping a vessel in that port, arming her, and manning her, is a
different one, and not engaged by any article of the treaty.
You think, Sir, that this opinion is also contrary to the law of nature
and usage of nations. We are of opinion it is dictated by that law and
usage; and this had been very maturely inquired into before it was adopted
as a principle of conduct. But we will not assume the exclusive right
of saying what that law and usage is. Let us appeal to enlightened and
disinterested judges. None is more so than Vattel. He says, L. 3. 8.
104. "Tant qu'un peuple neutre veut jouir surement de cet état, il doit
montrer en toutes choses une exacte impartialité entre ceux qui se font la
guerre. Car s'il favorise l'un au préjudice de l'autre, il ne pourra pas
se plaindre, quand celui ci le traitera comme adhérent et associé de son
ennemi. Sa neutralité seroit une neutralité frauduleuse, dont personne ne
veut être la dupe. Voyons donc en quoi consiste cette impartialité qu'un
peuple neutre doit garder.
"Elle se rapporte uniquement à la guerre, et comprend deux choses 1. Ne
point donner de secours quand on n'y est pas obligé; ne fournir librement
ne troupes, ni armes, ni munitions, ni rien de ce qui sert directement
à la guerre. Je dis _ne point donner de secours_, et non pas _en donner
egalement_; car il seroit absurde qu'un etat secourut en même tems deux
ennemis. Et puis il seroit impossible de le faire avec egalité; les
mêmes choses, le même nombre de troupes, la même quantitié d'armes, de
munitions, &c., fournies en des circonstances differentes, ne forment plus
des secours equivalents," &c. If the neutral power may not, consistent
with its neutrality, furnish men to either party, for their aid in war,
as little can either enrol them in the neutral territory by the law of
nations. Wolf, S. 1174, says, "Puisque le droit de lever des soldats est
un droit de majesté, qui ne peut être violé par une nation etrangere, il
n'est pas permis de lever des soldats sur le territorie d'autrui, sans
le consentement du mâitre du territorie." And Vattel, before cited, L.
3. 8. 15. "Le droit de lever des soldats appartenant uniquement à la
nation, on au souverain, personne ne peut en envoler en pays etranger
sans la permission du souveraine: Ceux qui entre prennant d'engager des
soldats en pays etranger sans la permission du souverain, et en general
quiquonque debauche les sujets d'autrui, viole un des droits les plus
sacrés du prince et de la nation. C'est le crime qu'on appelle _plagiat_,
ou vol d'homme. Il n'est aucun etat police qui ne le punisse très
sévérement," &c. For I choose to refer you to the passage, rather than
follow it through all its developments. The testimony of these, and other
writers, on the law and usage of nations, with your own just reflections
on them, will satisfy you that the United States, in prohibiting all
the belligerent powers from equipping, arming, and manning vessels of
war in their ports, have exercised a right and a duty, with justice and
with great moderation. By our treaties with several of the belligerent
powers, which are a part of the laws of our land, we have established a
state of peace with them. But, without appealing to treaties, we are at
peace with them all by the law of nature. For by nature's law, man is at
peace with man till some aggression is committed, which, by the same law,
authorizes one to destroy another as his enemy. For our citizens, then,
to commit murders and depredations on the members of nations at peace
with us, or combine to do it, appeared to the Executive, and to those
with whom they consulted, as much against the laws of the land, as to
murder or rob, or combine to murder or rob its own citizens; and as much
to require punishment, if done within their limits, where they have a
territorial jurisdiction, or on the high seas, where they have a personal
jurisdiction, that is to say, one which reaches their own citizens only,
this being an appropriate part of each nation on an element where all have
a common jurisdiction. So say our laws, as we understand them ourselves.
To them the appeal is made; and whether we have construed them well or
ill, the constitutional judges will decide. Till that decision shall be
obtained, the government of the United States must pursue what they think
right with firmness, as is their duty. On the first attempt that was made,
the President was desirous of involving in the censures of the law as few
as might be. Such of the individuals only, therefore, as were citizens
of the United States, were singled out for prosecution. But this second
attempt being after full knowledge of what had been done on the first,
and indicating a disposition to go on in opposition to the laws, they
are to take their course against all persons concerned, whether citizens
or aliens; the latter, while within our jurisdiction and enjoying the
protection of the laws, being bound to obedience to them, and to avoid
disturbances of our peace within, or acts which would commit it without,
equally as citizens are. I have the honor to be, with sentiments of great
respect and esteem, Sir, your most obedient, and most humble servant.
TO MR. HAMMOND.
Philadelphia, June 19, 1793.
Sir,--I had the honor to address you a letter on the 29th of May was
twelvemonth, on the articles still unexecuted of the treaty of peace
between the two nations. The subject was extensive and important, and
therefore rendered a certain degree of delay in the reply to be expected.
But it has now become such as naturally to generate disquietude. The
interest we have in the western posts, the blood and treasure which their
detention costs us daily, cannot but produce a corresponding anxiety on
our part. Permit me, therefore, to ask when I may expect the honor of a
reply to my letter, and to assure you of the sentiments of respect with
which I have the honor to be, Sir, your most obedient, and most humble
servant.
TO J. MADISON.
June 23, 1793.
Dear Sir,--My last was of the 17th, if I may reckon a single line
anything. Yours of the 13th came to hand yesterday. The proclamation
as first proposed was to have been a declaration of neutrality. It
was opposed on these grounds: 1. That a declaration of neutrality was
a declaration there should be no war, to which the Executive was not
competent. 2. That it would be better to hold back the declaration of
neutrality, as a thing worth something to the powers at war, that they
would bid for it, and we might reasonably ask a price, the _broadest
privileges_ of neutral nations. The first objection was so far respected
as to avoid inserting the term _neutrality_, and the drawing the
instrument was left to E. R. That there should be a proclamation was
passed unanimously with the approbation or the acquiescence of all
parties. Indeed, it was not expedient to oppose it altogether, lest it
should prejudice what was the next question, the boldest and greatest
that ever was hazarded, and which would have called for extremities had it
prevailed. Spain is unquestionably picking a quarrel with us. A series of
letters from her commissioners here prove it. We are sending a courier to
Madrid. The inevitableness of war with the Creeks, and the probability,
I might say the certainty of it with Spain, (for there is not one of us
who doubts it,) will certainly occasion your convocation, at what time I
cannot exactly say, but you should be prepared for this important change
in the state of things. The President has got pretty well again; he
sets off this day to Mount Vernon, and will be absent a fortnight. The
death of his manager, hourly expected, of a consumption is the call; he
will consequently be absent on the 4th of July. He travels in a phaeton
and pair. Doctor Logan sends you the enclosed pamphlet. Adieu. Yours
affectionately.
INDEX TO VOL. III.
Adams, John--His alienation from Mr. Jefferson, 257.
His anonymous contributions to newspapers, 267.
Letter from Jefferson explaining the difference between them, 270.
Friendly relations with Jefferson restored, 292.
Algiers--War with our best policy, 164. (See Barbary States).
Provision for our prisoners, 269, 436, 533.
America--Origin of the aborigines of, 109.
Apportionment--Bill apportioning representation, 348.
Aubaine, Droit d'--Law of in France in relation to our citizens, 189.
Its abolition in France, 259.
Baily, M.--Made mayor of Paris, 78.
Bank of United States--Shares taken immediately, 268.
Bankrupt Bill--495.
Barclay, Thomas--His second mission to Morocco, 261.
Barbary States--Barclay's mission to, 261.
Letter to Emperor of Morocco, 264.
Provision for Algerine prisoners, 209, 436, 533.
Billon--Report of National Assembly of France on, 207.
Bill of Rights--Constitution should be so amended as to insert one,
3, 13.
Arguments for and against Bill of Rights, 4, 13, 201.
Amendments proposed by Jefferson, 100, 101.
Boundary--Difficulties on our Eastern Boundary, 230.
Canals--The Potomac and Ohio Canal, 29.
The Big Beaver and Cayahoga Canal, 30.
Capitol--Plans for Capitol at Washington, 507, 508.
Dr. Thornton's plan approved, 508.
Carolina, North--(See lands public).
Census--Of United States, 205.
Chargé des Affaires--Proper form for their credentials, 142.
Charters--Whether Legislature can revoke them, 103, 108.
Cherokees--Their rights under treaty of Hopewell, 192.
Clark, Gen.--His character and talents, 217.
Commerce--Our commercial relations with England and France, 99, 100, 320.
Whether, in our commercial regulations, we should discriminate in
favor of France, 99, 100.
Our commerce with French West Indies, 113, 114, 191, 319.
Statement of our commerce with England and France, 315, 316, 317, 318.
Our commercial relations with France, 509, 516.
Our commercial relations with the Netherlands, 510.
Our commercial relations with Great Britain, 511, 514.
Our commercial relations with Spain, 512.
Our commercial relations with Portugal, 533.
Foreign built vessels, purchased by our citizens, stand on the
same footing as to neutral rights with home-built vessels, 550.
Coinage--Employment of Mr. Drost at the mint, 139, 140, 446.
Relative to copper coinage, 279.
Hamilton's report on the mint, 330. (See Mint.)
Confiscation--Relative to confiscation of refugees' property at
breaking out of Revolutionary war, 372, 377, 378, 380, 381,
382, 383, 384.
Question of restitution after the war, 372, 385, 386.
Restitution recommended by Congress, 376.
Confiscation of debts due here to the English, 387.
Debts not confiscated during war survive it, 406, 407.
But if confiscated, the debtor released, 407, 408.
Congress--Current business before, 208.
Corrupting influences brought to bear on, 360, 361, 362.
Constitutions--No such thing as a perpetual Constitution, 106, 108.
Constitution, Federal--Mr. Jefferson's opinion of, 12.
Its adoption, 13.
Its unpopularity in New York and Virginia, 24.
The elections under, 24.
Organization of Government under, 88.
Amendments to, 89.
Vote of States on, 207.
General acquiescence in, 132.
The successful operation of new government, 199, 200.
Consuls--_Native_ consuls always preferred, where they can be had,
155, 195.
Consular fees, 160.
Consular authentication of instruments, 160.
J. Johnson sent consul to London, 176.
Instructions to consuls, 187.
How far exempt from duties, taxes, &c., 193.
The footing on which law of nations places consuls, 295.
Circular to consuls, 429.
What security required of them, 429.
Our right to send Consuls to French colonies, 252.
Consular arrangements with Prussia, 457.
Currency--Great scarcity of metals after Revolution, 398. (See coinage).
Deane, Silas--His wretched condition, 101.
Debt.--Imprisonment for, wrong, 396, 397.
Debts, British--Remedy to recover suspended, 387, 391, 392, 393,
394, 395.
Justification of the suspension, 395.
Obstacles in way of recovery of in the States, 407, 408, 409,
410, 411, 412, 413, 414.
No interest on allowed during war, 415, 416, 417, 418, 419, 420.
Justification thereof, 416, 417, 418.
Debt, Foreign--Distinction between foreign and domestic debt, 156.
Payment of foreign debt pressed, 33.
Arrangement to pay officers, 37.
Amount due, 91, 92.
Mode of paying debt to France, 546, 575.
Debt, Public--The funding of, 152, 153, 165, 169.
Funded debt above par, 283.
Debt to France will not be paid in depreciated assignats, 294.
Condition of public debt, 361.
Debts, State--The question of their assumption by general government,
145, 148, 159, 166, 169, 185.
Arguments for and against assumption, 166.
Opposition to in Virginia and North Carolina, 198.
Democracy--The participation of the people in government, 81.
Distillation--Of pure from salt water, 228.
Dumas, M.--Statement of his case and claim, 331.
Education--The schools of Europe, 313.
England--Bad health of the King of, 6, 7, 25, 34, 49, 87.
Bad feeling in, towards U. States, 32.
Our diplomatic relations with, 182, 203.
Political relations with, 182.
Infractions by United States of her treaty with, 183.
Admission of our wheat by, 249.
Negotiations with, through Hammond, 365, 439.
Review of matters in controversy with, 365, 423, 424, 425, 426, 427.
Her seizure of our slaves at end of war, 387, 391.
Refuses to withdraw troops from our posts, 388.
On whom the blame of not executing the treaty should fall, 400.
Europe--Political condition of, 5, 9, 25, 34, 49, 154, 163.
War between Russia and Turkey, 56.
War between Russia and Sweden, 92.
War between England & France, 537.
Relations between Spain and England, 537.
Excise--Distinction between excise and import, 17.
Federalists--The views and aims of the party, 450, 503.
Strength of the party, 503.
The condition of, 548.
Fisheries--Report on whale and cod fisheries, 185, 214.
Fly, Hessian--An account of, 32, 38.
France--Election to States General, 8.
Question whether States should vote by persons or orders, 8, 11,
23, 27, 34, 36, 40, 41, 43.
Concessions by the King, 11, 78.
Riots, 22, 26.
Opening of States General, 22, 26, 43.
Condition of finances, 26.
Large numbers of inferior Clergy returned to Assembly, 27.
State of parties in National Assembly, 27, 34, 35.
Majority of Clergy unite with Tiers Etat, 40, 41, 43, 44.
Proposition to distribute bread among poor, 48.
Tiers Etat declare themselves National Assembly, 50, 53, 57.
Character of Tiers Etat, 58.
Character of the Noblesse, 58.
Clergy go over to Tiers Etat, 58.
A Royal session proclaimed, 60.
Duke of Orleans joins Tiers Etat, 62.
Proceedings of Court party, 60, 61.
Disaffection of soldiery, 64.
King urges Nobles and Clergy to go over to Tiers Etat, 64, 65, 83.
Supplies of provisions from U. S., 65, 67, 68, 69, 73.
Constitutional reforms by National Assembly, 69, 70, 71, 75, 94,
97, 115.
Scarcity of provisions in Paris, 73, 86, 94, 111, 117.
Military intervention by the Government, 74, 75.
Fall of Neckar and appointment of new minister, 85.
Character of new ministry, 75.
Insurrections, 76, 77, 78, 79, 84.
Bastile taken and destroyed, 77, 79, 84.
Fall of court ministry and recall of Neckar, 78, 79, 84.
Noblesse begin to emigrate, 79, 84, 87.
Massacres begin, 84, 85, 87.
The Constitutional reforms contemplated by liberal party, 89, 94, 97.
Internal condition of, 93, 94.
Financial embarrassments of France, 97, 115, 121.
Friendly disposition of National Assembly towards U. S., 99.
Division of parties in National Assembly, 116.
Danger of civil war, 117.
The King's flight from Paris, 284, 285, 293.
Plan of a French colony in America, 179.
How far our people exempt from Droit d'Aubaine in France, 189.
Commercial relations of, with U. S., 225, 274, 275, 356, 448.
Duty on our oil, 250.
Duty on our tobacco, 250, 274, 288, 289.
War between France and Spain, 357.
Payment of our debt, 252, 546.
Suspended by French revolution, 476.
Declaration of war by, against Hungary and Bohemia, 458.
Our shipments to Marseilles, 486.
Revolutionary government of France recognized by U. S., 489, 500, 522.
Military successes of France, 494, 495, 549, 570.
Effects of in United States, 502.
Mr. Jefferson's views of Jacobins, 501.
Reply to notification of establishment of French Republic, 518.
Plan of Allies to exclude neutral commerce with, 519.
Execution of King, 520.
Progress of the war, 549, 570.
Dumourier's desertion, 570.
Franklin, Benjamin--His declining health, 134.
His death, 139.
His philosophical attainments, 212.
His popularity in France, 213.
National Assembly of France expresses grief at his death, 218.
Freneau, Philip--Appointed clerk in State Department, 215.
Circumstances under which he was appointed, 464.
Fugitives--Surrender of depends on convention, 299.
Convention proposed by France, 299.
Difficulties in arranging a convention with Spain, 346.
Project of convention with Spanish provinces, 350.
General views on conventions for delivery of fugitives, 352.
Forcible seizure in Florida by Americans of slaves escaped there, 454.
Generations--Whether one generation can bind another, 103.
Genet, M.--His arrival in U. States as minister of France, 563.
Government--The best treatises on, 145.
The establishment of seat of, 145, 146, 148, 152, 160.
Removal of, to Philadelphia for ten years, and established
permanently at Georgetown afterwards, 162, 163, 169.
Hamilton, A.--His split with Jefferson, 460, 470.
His report on manufactures, 461.
His strong English bias, 548.
His political system, 548.
Hammond, Mr.--His negotiation with Jefferson, 365.
Hazzard, Mr.--His collection of State papers, 20.
Henry, Patrick--His views in respect to amendments to Virginia
constitution, 469.
Hessian Fly--An account of, 32, 38.
Humphreys, Col. David--Sent on special mission to Europe, 180.
Appointed resident minister to Portugal, 215.
Sent on special mission to Algiers, 529.
Import--Distinction between import and excise, 17.
Impressment--Of American sailors by England, 204, 206.
Case of Hugh Purdie, 204.
Provision for impressed seamen, 335.
Jefferson's views on impressment, 448.
Negotiations in relation to, 525.
Indians--Treaty with Creek Indians concluded, 184.
What right States have over Indians within their limits, 142, 281.
Their progress in civilization, 217.
Expedition against, fails, 117.
Our policy towards, 246, 247.
Hostility of the six nations, 248.
Intrigues of the English with, 248.
Disclaimed by their government, 331.
Scott's expedition against, 273, 279.
What right a State has over Indian territory within its limits,
192, 281.
Gen. Wilkinson's expedition against, 306.
Our intervention with, in favor of Spain, 358.
Intrigues of Spanish agents among, 455, 459, 474, 479, 480, 566.
Our conduct towards Creek Indians, 478, 479, 480.
Spain incites Indians to hostility against us, 478, 479, 480.
Our relations with the Indians, 478, 479, 480, 487, 581, 584.
Spanish officers furnish them with arms, &c., 566.
Indies, West--View of U. S. in regard to French West Indies, 275.
Commerce with, 275, 276.
Insurrection of negroes in St. Domingo, 303, 306, 320, 450.
Relief furnished by U. States, 492.
Insurrection--Of negroes in St. Domingo, 303, 306, 320, 450.
Jefferson, Thomas--Made Doctor of Laws by Harvard University, 14.
Asks leave of absence from France, 31, 102, 121.
Draws Constitutional charter to be signed by King of France, 45,
46, 47.
Declines any office in U. States, 102.
Declines Secretaryship of State, 124.
Accepts the same, 126.
Reason for this change, 131.
The appointment of his Assistant, 127.
Arrives in New York to enter on duties of his office, 128, 129.
Elected member of American Academy of Arts and Sciences, 130.
Letters of farewell to Parisian friends, 133, 134, 135, 136.
His observations on the weather, 144.
His illness, 155.
Depredations on his property during the war, 197.
His visit to eastern States, 265.
His purpose to retire from the Cabinet, 467, 490, 521, 577.
Delay therein, and reasons for it, 506, 531.
Letter to Gen. Washington, urging him to serve a second term, 360.
His negotiations with Mr. Hammond, 439.
His conversations with Hammond, 365, 439.
His controversy with Hamilton, 460.
Statement of, to Washington, 460.
Summary of his views on Constitution, 463.
Hamilton's attacks upon him, 460, 470.
Collection of his letters, 520.
Refuses to embark in any enterprise to improve his fortune while
in public office, 527.
Jones, Paul--Difficulties with Russian officers, 301.
Sent Commissioner to Algiers, 431.
His instructions, 431.
His death, 528.
Juries--Remarks on, by Jefferson, 81.
Jurisdiction--One Sovereign not amenable to jurisdiction of another, 277.
Kaims, Lord--Jefferson's opinion of, 452.
La Fayette, Marquis de--Jefferson advises him to join Tiers Etat, 20.
Embarrassment of his position, 32.
Made commander in chief of National Guards, 84.
Efforts to secure his release from imprisonment, 524.
Lands, Public--What included in cession of North Carolina, 229.
Laws--Collection of laws of different States, 184.
No such thing as a perpetual law, 106, 108.
Law of Nations--One Sovereign not amenable to jurisdiction of
another, 277.
Enemy's property in our territory may be seized at beginning
of the war, 369.
Debts also may be confiscated, 387.
Right of one party where other violates a treaty, 391.
Before a foreigner can apply to executive for relief, he must
exhaust his remedies in the courts, 538, 540, 541, 585.
We acknowledge always the government de facto, 489, 500, 522.
Literature--Literary news of Europe, 14.
Loans--Negotiation of Holland loan, 247.
Destination of Holland loan, 536.
Louis XVI.--His execution, 520.
Luzerne, Marquis de--Letter of regret to, on termination of his
mission to U. S., 140, 141.
Gold medal for, 170.
Measure--Standard of, 157, 161.
The Standard adopted by National Assembly of France, 276. (See
weights and measures.)
Mesmerism--Jefferson considers Mesmer a maniac, 212.
Ministers, Foreign--Medals presented to on leaving, 142.
Breach of privilege, 453.
Mint--Arrangements for its establishment, 139, 140, 446, 509, 542.
An assayer for, 542.
Hamilton's report on, 330. (See coinage.)
Mississippi River--Question of the right of navigation with Spain, 172.
Necessity of some port on its banks, 173, 178, 228.
Negotiations in relation to, 178, 227, 233, 234, 328, 340, 341,
342, 344.
Morocco--Death of Emperor of, 357. (See Barbary States.)
Morris, Gouverneur--Appointed minister to France, 325.
His instructions, 325, 329, 448.
His salary, 325.
Opposition to his appointment, 329.
Morris, R.--His purchases of lands in Massachusetts, 231.
Moustier, Ct. de--Letter of respect to, on terminating his mission
to United States, 216.
Neckar, M.--His character, 52, 53.
His popularity in France, 61, 62.
His dismissal from office, 75.
His recall, 78, 79.
Neutrality--Principles of, pursued by our government, 559, 561,
571, 573, 574, 582.
Our efforts to preserve neutrality, 533, 535, 542, 551, 557,
564, 569, 574, 580, 583.
Proclamation of, 543, 544.
Circumstances attending it, 591.
Invasions of our neutrality by France, 547, 558, 560, 571,
583.
Existing treaties with France, &c., and duties under, 651.
Hamilton's interference with this question, 552, 556.
It is a question belonging to State and not Treasury department,
556.
Government does not prohibit exportation of arms, ammunition, &c.,
but leaves them to be confiscated, if seized, 558, 560.
Punishment of our citizens for invasions of, 559, 574.
The equipment and arming of vessels in our waters, violation of
our neutrality, 559, 561, 571, 573, 586, 587, 588, 589.
Right of France and Holland under pre-existing treaties, to arm
and equip vessels in our ports, 564.
Circumstances under which French vessels were armed and equipped
in our ports, 573.
Difficulties with French and English ministers, 585, 586.
Office--Rotation in, 18.
Olive--Introduction of, culture in South Carolina, 475.
Orleans, Duke of--Goes over to the Tiers Etat, 62.
His character, 95.
His faction, 118.
Pagan, Thomas--Memorial in his case, 308.
Answer thereto, 335.
Merits of his case, 538.
Paine, Thomas--Extract of letter from, 32.
Sensation produced by his pamphlet "The Rights of Man," 267, 279.
Passports--For sea vessels and mode of distributing them, 555.
To whom and on what conditions granted, 581.
Pinckney, Thomas--Appointed minister to England, 298, 321.
His letters of credence, 441.
Instructions to, 442.
Portugal--Establishment of mission to, 174, 175.
Health of Queen of, 359.
Her successor, 359.
Commercial relations with, 488.
Post-Office--Plan to increase speed of posts, 344.
President, The--Question of his re-eligibility, 13.
Prisoners--Redemption of Algerine prisoners, 112, 531. (See Barbary
States.)
Privateering--Proposition to abandon it in time of war, 477.
Proclamation--Against whiskey riots in Pennsylvania, 471.
Randolph, Edward--His vacillation in Cabinet, 569.
Republicans--Their ascendency in country, 491, 493.
Rhode Island--Accedes to the Union, 146.
Rice--The rice trade of France, 110.
Science--Scientific news of Europe, 15, 16.
Sea Letters--On what terms granted, and to whom, 130.
Secretaries--Proposed to give them seats on floor of Congress, 491.
Short, Wm.--Appointed resident minister at Hague, 322.
His salary and outfit, 322.
Joined in mission to Spain to negotiate for navigation of the
Mississippi river, 328.
Slavery--Slaves escaping to Florida restored to masters, 195, 219.
Difficulties in connection with fugitive slaves, 454.
Efforts to elevate negro race, 291.
Our slaves carried off by English at end of war, 387.
Spain--Presentation of case of Don Blas to court of, 138.
Independence of her colonies, 534.
Invasions by, of jurisdiction of United States, 222.
States General--(See France).
State, Department of--Statement of accounts of, 482, 483, 484.
St. Domingo--Sends deputies to States General of France, 52.
They are received, 64.
Insurrection of the negroes, 303, 306, 320, 450. (See West Indies.)
Stocks, Public--Depreciation in their value, 343, 430.
Sugar--The manufacture of from maple, 158.
Ternant, M.--His alienation from Jefferson and affiliation with
Hamilton, 549.
Treaties--Paramount to State laws, 402, 403, 404, 405, 406.
United States--Supply of corn from, for France, 66, 67, 68, 119, 122.
Credit of, in Holland, 114.
Division of parties in, 209, 363, 494, 495, 557.
Invasion of our jurisdiction by Spain, 222.
Prosperity of, 260.
Gambling, stock-jobbing and speculating mania abroad in, 285.
Condition of political parties, 361.
The federalists, their views, strength, and conduct, 450, 503, 548.
Virginia--Whether her first constitution was repealable by an
ordinary legislature, 202.
Destruction of her records in 1781, 258.
Jefferson's views of a new Constitution for, 314.
War--What amounts to levying war, 256.
Washington, George--Elected first President, 21.
Letter to, from Jefferson on the occasion, 30.
His health, 132, 166, 579.
His pure Republicanism, 224.
His visit to southern States, 245.
Equestrian statue of, proposed, 347.
Letter from Jefferson, urging him to serve a second term, 360.
Reasons urged in favor of it, 360, 361, 362, 364.
Dissensions in his Cabinet, 460.
His proclamation against Pennsylvania riots, 471.
Attacks upon him in newspapers, 579.
Washington City--Survey and map of, 221.
Laying off the city, 236, 297, 301, 336.
Reservation of public grounds, 238.
Proposition to build a whole street, 300.
Sale of lots, 301.
Plan for Capitol and President's house, 337, 507.
Dr. Thornton's model of Capitol approved, 508.
Waste--The law of, 452.
Weights and Measures--A standard of, 149, 150, 157, 161, 171, 496.
West Indies--(See Indies, West).
Whale Fishery--Of England, 112.
Wine--Mazzeis, experiment at making it in Virginia, 251, 284.
*** End of this LibraryBlog Digital Book "The Writings of Thomas Jefferson, Volume III (of 9) - Being His Autobiography, Correspondence, Reports, Messages, - Addresses, and Other Writings, Official and Private" ***
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